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HomeMy WebLinkAbout134-06 RESOLUTION4 RESOLUTION NO. 134-06 A RESOLUTION APPROVING A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $908,710.00 FOR 24" WATER 'MAIN REPLACEMENT PROJECT (W. CUSTER LANE/MORNINGSIDE DRIVE); APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $90,000.00;. AND tAPPROVING A : BUDGET ADJUSTMENT IN THE AMOUNT OF $214,700.00. 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 approves a Contract with Crossland Heavy Contractors, Inc. in the amount of $908,710.00 for 24" Water Main Replacement Project (W. Custer Lane/Morningside Drive). 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 $90,000.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of $214,700.00. PASSED and APPROVED this 15th day of August, 2006. APPROVE ► ATTEST: By: ALL 1�r By P w SO DRA SMITH, City Clerk ..................... �„annnrrrrr RK/TR�'�.,,� & SGS', .13 .. •G\1 Y O,c . ,P Ev• = • :FAYETTEVILLE: ..;...:70/1141�KAN;C' Jf/' j11 ,G7 6 111Gp`S DAN COODY, Mayor a- . .1, 1 1 1 1. 1 1. 1 CONTRACT OWNER SPECIFICATIONS AND CONTRACT DOCUMENTS 24 -INCH WATER MAIN REPLACEMENT WEST CUSTER STREET AND MORNINGSIDE DRIVE AREAS FOR CITY OF FAYETTEVILLE, ARKANSAS `\.c� OF AUTO ip AtQ' O *Goodwin, Williams y w and Yates, kn. --I %V No. O, _� 914N3AS EN SI?: �-40//H iittU % City of Fayetteville Project No. 05040 Hans No. Fy-332 June 2006 McGoodwin Williams fr Yates t.. Engineering Confidence Fayetteville, Arkansas ©2006 McGoodwin, Williams and Yates yCrE-r14, IZAA *6 uI, ERLD PROFESSIONAL % 4 EN2I dI ER c 4Pa No.9240 O'er t����?Ilzj� R.os. 39-0fer, RrCEIVED �.P9 2006 Qt_LRIiNG DIV. 1 1 1 1 1 1 1 11 ADDENDUM NO. 1 24 -INCH WATER MAIN REPLACEMENT West Custer Street and Morningside Dnve Areas. City of Fayetteville, Arkansas Plans No. Fy-332 Dated June 2006 RECEIVED SEP IZ2006 ENGINEERING DIV. The Specifications and Contract Documents for the above project are hereby changed or clarified in the following particulars: SPECIFICATIONS Section 02565 — Ductile Iron Pipe and Fittings for Water Lines 1) On page 02565-1, paragraph B.1.b.1), delete sentence, "All fittings shall have a minimum pressure rating of 250 psi, andshall be "Made in U.S.A." and replace with sentence, "All fittings shall have a minimum pressure rating of 250 psi and shall be certified in accordance with ISO 9001." Section 02570 — High Density Polyethylene Pipe and Fittings 1) On page 02570-1, at the end of Section B.4, add the following sentence: "The HDPE pipe dimensions shall be in accordance with the DIPS sizing system." • GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (479)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 5-1 of the Bid. July 25, 2006 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (479)443-3404 FAX (479)443-4340 1 1 1 1 1 1 1 1 CITY OF FAYETTEVILLE, ARKANSAS 1 1 1 1 1 1 1 1 SPECIFICATIONS AND CONTRACT DOCUMENTS 24 -INCH WATER MAIN REPLACEMENT WEST CUSTER STREET AND MORNINGSIDE DRIVE AREAS FOR City of Fayetteville Project No. 05040 Plans No. Fy-332 June 2006 McGoodwin Williams if Yates Engineering Confidence Fayetteville, Arkansas ©2006 McGoodwin, Williams and Yates TABLE OF CONTENTS 1 ADVERTISEMENT FOR BIDS 2 INSTRUCTIONS TO BIDDERS 4 ARKANSAS DEPARTMENT OF LABOR WAGE DETERMINATION 5 BID 6 AGREEMENT 7 PERFORMANCE BOND AND PAYMENT BOND 8 GENERAL CONDITIONS SC SUPPLEMENTARY CONDITIONS DIVISION 1 - GENERAL REQUIREMENTS 01000 PROJECT REQUIREMENTS 01025 METHODS OF MEASUREMENT AND PAYMENT 01301 SCHEDULES 01335 SUBMITTALS 01620 STORAGE AND HANDLING OF MATERIALS 01660 TESTING DIVISION 2 - SITEWORK 02110 CLEARING RIGHTS OF WAY, CUTTING AND REBUILDING/REPAIRING FENCES 02113 SURFACE REMOVAL 02211 CLASSIFICATION OF EXCAVATION FOR CONST. OF WATER LINE 02221 PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL 02461 AGGREGATE BASE COURSE, CLASS 7 02510 STREET AND COUNTY ROAD CROSSINGS 02512 ARK STATE HIGHWAY CROSSINGS AND ACCESS ROAD CROSSINGS 02565 DUCTILE IRON PIPE ANDFITTINGS 02566. POLYETHYLENE ENCASEMENT 02570 HIGH-DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS 02595 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR WATER LINE 02639 FIRE HYDRANTS 02640 AIR RELEASE AND VACUUM VALVE ASSEMBLIES 02642 GATE VALVES AND BUTTERFLY VALVES 02643 FLUSHING, HYDROSTATIC TESTING, DISINFECTION AND DYNAMIC TESTING OF WATER LINES 02660 WATER SERVICE RECONNECTION 02920 PIPELINE CLEANUP AND SEEDING DIVISION 3 - CONCRETE 03300 CONCRETE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ADVERTISEMENT FOR BIDS 24 -Inch Water Main Replacement: West Custer Street and Morningside Drive Bid 06-49 Notice is hereby given that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street; until 2:00 p.m. on Wednesday, July 26th, 2006, for furnishing all tools, materials and labor, and performing the necessary work for construction of 24 -Inch Water Main Replacement: West Custer Street and Momingside Drive Areas. At this time the bids received will be publicly opened and read aloud in Room 326 of City Hall. The work generally consists of: Replacement of approximately 4,200 linear feet of 24 -inch water line including valves and all other appurtenances necessary for a complete installation. Bids for approximately 1,500 linear feet of replacement near Custer Street will include three options: 1) Removal and replacement of existing water line using 24 -inch ductile iron pipe; 2) Construction of a parallel water line using 24 -inch ductile iron pipe; and 3) Slip lining approximately 1,100 linear feet of existing 24 -inch ductile iron pipe with 18 -inch HDPE pipe and construction of approximately 400 linear feet of 24 -inch ductile iron pipe. Plans and specifications are on file and .may be examined in the office of McGoodwin, Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703. Copies of these documents may be obtained from the office of said engineers upon request and upon the payment. of $50.00 for plans and $50.00 for specifications, a total of $100.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Each bid must be accompanied by an acceptable statement of bidder's qualifications. The requirements of the bidder's statement of qualifications will be furnished to prospective bidders with plans and specifications. Each bid must be accompanied by an acceptable form of bid guaranty in the amount equal to at least five percent of the whole bid, and such bid bond or cashier's check shall be subject to the conditions provided in the Instructions to Bidders. Bids must be made upon the official bid sheets contained in the specifications, and such bid sheets shall not be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelopes addressed to the City of Fayetteville, Purchasing Office, City Hall, 113 W. Mountain Street, Fayetteville, AR 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is a bid for construction of 24 -Inch Water Main Replacement: West Custer Street and. Momingside Drive Areas, the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150; Arkansas Acts of 1965, as amended. 1-1 Attention is called to the fact that the minimum prevailing wage rates for each craft or type of worker and the prevailing wage rate for overtime work as determined by the Arkansas Department of Labor shall be paid. Pursuant to Arkansas Code Annotated 22-9-203, the Owner encourages all qualified small, minority, and women business enterprises to bid on and receive contracts for goods, services and construction. The Owner also encourages •all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterprises. The City reserves the right to reject any and all bids and to waive any informalities in the proposal deemed to be in the best interests of the City. The City further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids. Peggy Vice, Purchasing Officer 1-2 1 Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8) (1990 Edition) have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1 "Bidder' means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. 1.2 "Issuing Office" means the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.3 "Successful Bidder" means the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 1.4 "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to receipt of Bids). 2 COPIES OF BIDDING DOCUMENTS 2 1 Complete sets of the Bidding, Documents in the number and forthe amount, if any, statedin the Advertisement or Invitation to. Bid may be obtained from the Engineer upon request. 2.2 Complete sets of Bidding Documents must be used in prepanng Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2 3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use 3. QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must submit with his Bid the following Statement of Bidder's Qualifications. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets The Bidder may submit any additional information he desires. 2-1 Instructions to Bidders 1) Name of Bidder. 2) Permanent main office address. 3) When organized. 4) If a corporation, where incorporated. 5) How many years have you been engaged in the contracting business under your present firm or trade name? 6) Contracts on hand (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7) General character of work performed by your company. 8) Have you ever failed to complete any work awarded to you? 9) Have you ever defaulted on a contract? If so, where and why? 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11) List your major equipment available for this contract. 12) Experience in construction similar in size to this project, along with project owners and engineers. 13) Background and expenence of the principal members of your organization, including the officers. 14) Credit available: $ 15) Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Dated at this day of Name of Organization: By Title 2-2 1 1 1 i 1 1 i 1 1 1 State of Instructions to Bidders County of being duly sworn deposes and says that he (she) is the of , Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of Notary Public My commission expires (Seal) 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid: 4.1.1 to examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below); 4.1.2 to visit the site to become familiar with and satisfy Bidder as to the general local and site conditions that may affect cost, progress, performance or furnishing of the Work; 4.1.3 to consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; 4.1.4 to study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; 4.1.5 to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the 2-3 Instructions to Bidders completeness thereof for the purposes of bidding or construction. 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions has been identified and established in paragraph SC -4.2 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.3 Information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests and studies. 4.7 Reference is made to the Supplementary Conditions for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other pnme contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or 2-4 1 `I 1 1 1 1 1 1 r 1 1 1 1 1 1 1 1. 1 1 1 1 1 1 1 Instructions to Bidders copies of Contract Documents (other than portions thereof related to price) for such work. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder. that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences. or procedures of construction as may be indicated or expressly required by the Contract Documents, the Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.9 The provisions of 41 through 4.8, inclusive, do not apply to Asbestos, Polychlonnated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by paragraph 4.5 of the General Conditions. 5. AVAILABILITY OF LANDS FOR WORK, ETC. The lands upon which the Work is to be performed, nghts-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction .equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 6. INTERPRETATIONS AND ADDENDA 6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer. Interpretations or clanfications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days pnor to the date for opening of Bids may not be answered Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 7. BID SECURITY 7.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of the General Conditions. 7.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon. the Bid secunty will be returned. If the 2-5 • Instructions to Bidders Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid secunty furnished by such Bidders will be returned Bid security with Bids which are not competitive will be returned within seven days after the Bid opening 8. CONTRACT TIMES The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the terrn 'Contract Times" is defined in paragraph 1.12 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form). 9. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement 10. SUBSTITUTE OR "OR -EQUAL" ITEMS The contract, if awarded, will be on the basis of matenals and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or'or-equal" items Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or - equal" item of materials or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be •considered by Engineer until after the Effective Date of the Agreement The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the General Requirements. 11. SUBCONTRACTORS, SUPPLIERS AND OTHERS The Contractor shall not assign or sublet all or any part of this Contract without the pnor written approval of the Owner nor shall the Contractor allow such Subcontractor to commence Work until he has provided such workers' compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 12 BID FORM 12 1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 12.2 All blanks on the Bid Form must be completed in ink or by typewriter. 12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 2-6 1 1 i1 1 1 1 1 1 1 1 1 1 1 1 1 1 r Instructions to Bidders 12 4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12 5 All names must be typed or printed below the signature. 12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 12.7 The address and telephone number for communications regarding the Bid must be shown. 12.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with paragraph 3 above. State contractor licensenumber must also be shown. 13. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed. in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portionof the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUMENTS. 14. MODIFICATION AND WITHDRAWAL OF BIDS 14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time pnor to the opening of Bids 14.2. If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a matenal and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents - 15. OPENING OF BIDS. Bids will be opened and (unless obviously nonresponsive) read aloud publicly at the place where Bids are to be submitted A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer. 16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, inits sole discretion, release any Bid and return the Bid security prior to that date. 17. AWARD OF CONTRACT 17.1 Owner reserves the nght to reject any and all Bids, including without limitation the 2-7 Instructions to Bidders rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3 Owner may consider the qualifications and expenence 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 matenals and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 17.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 17.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. 18. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 19. SIGNING OF AGREEMENT When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings 2-8 1 1 1 1 1 d1 1 1 1 1 1 �1 1 1 1 J 1 1 • Instructions to Bidders with appropriate identification. 20. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 21. LABOR LAWS The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contnbutions are required under and by virtue of the provisions of said Act. 22. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rate's which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi- skilled labor, if available, shall be used. The. Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14- 630). The provisions are summarized below. The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by wntten notice to the Contractor, terminate his nght to proceed with the 2-9 Instructions to Bidders Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. 23. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on matenals and equipment brought into the state. It further provides for methods of collecting said taxes All provisions of this Act will be complied with under this Contract 24. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. 25. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987. The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing, work or undertaking to perform any duties under any contract within the State of Arkansas. 26. COMPLIANCE WITH ACT 22-9-203 Pursuant to Arkansas Code Annotated 22-9-203, the Owner encourages all qualified small, minority, and women business enterprises to bid on and receive contracts for goods, services, and construction The Owner also encourages all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterpnses. 2-10 1 1 1. i 1 1 w r1 1 1 1 1 AGREEMENT THIS AGREEMENT is dated as of the 67 -KJ day of ed-%�fe�Ta i in the year c:itoO& by and between the City of Fayetteville, Arkansas (hereinafter called OWNER) and Crossland Heavy Contractors, Inc. of Columbus, Kansas (hereinafter called CONTRACTOR). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally descnbed as follows: 24 -Inch Water Main Replacement: West Custer Street and Morningside Drive Areas, and all associated items of work, which consists of all items as set out in the Bid, these Specifications and Plans No. Fy-332, dated June 2006, including all work required for a complete installation. Article 2. ENGINEER The Project has been designed by McGoodwin, Williams and Yates, Inc., who is.. hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the nghts and authonty assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1 The Work will be substantially completed within ninety (90) days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within one hundred (100) days after the date when the Contract Times commence to run. These Contract Times include delays for normal (average) weather-related events, such as rain, snow, and freezing temperatures which may affect the progress of the construction in the following amounts on a per -month basis as hereinafter set out. Only weather-related delays in excess of these amounts will be considered for time extensions, if requested by the Contractor. 6-1 1 1 1 Days Included in Contract Times for Normal Weather -Related Events (On A Monthly Basis) January 11 February 9 March 8 April 8 May 8 June 8 July 5 August 6 September 6 October 6 November 6 December 9 The Contractor shall include within the Contract Times the respective number of days (as shown above for each month during the Contract) for normal weather-related events which may cause delays in the progress of the Work, and place a sufficient work force on the project to ensure completion of the Work within the Contract Times. 3 2 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plusany extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay. Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds for the performance of the Contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the. Specifications, for unit and lump sum prices in the Bid, the total sum being Nine Hundred Eight Thousand Seven Hundred Tenand no/10Q$ 90$710.00 (use words) (figures) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by 6-2 1 • 1 1 1 1 1 1 1 1 Engineer as provided in paragraph 9.10 of the General Conditions. Unit pnces have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1 Progress Payments; Retainage. Owner shall make progress payments on account of the Contract. Price on the basis of Contractors Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below All such payments will be measured by. the schedule of values established in paragraph 2 9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress. payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14 7 of the General Conditions 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in whichcase the remaining progress payments pnor to Substantial Completion will be in an amount equal to 95% of the Work completed. 100% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14:13 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.13. Article 6. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6-3 ri 11 It I II Ii I. Ii Ii 6.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 7 and the other related data identified in the Bidding Documents including "technical data." 6.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 6.3 Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 6.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Contractor accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely as provided in paragraph 4.2 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractors purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to. any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.5 Contractor is aware of the general nature of Work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. 6.6 Contractor has correlated the. information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract.Documents. 6.7 Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6-4 Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement. 7.3 Performance, Payment and other Bonds. 7.4 Notice to Proceed. 7.5 General Conditions. 7.6 7.7 7.8 7.9 7.10 Supplementary Conditions. Specifications consisting of divisions and sections as listed in the Table of Contents. Drawings consisting of 15 sheets. Addenda numbers - Contractor's bid. to 1 , inclusive. 7.11 Documentationsubmitted by Contractor prior to Notice of Award. 7.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement - (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 8. MISCELLANEOUS 8.1 Terms used in this Agreement which" are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2 The Contractor and all Subcontractors shall pay not less than the minimum prevailing hourly wage rates as found by the Arkansas Department of Labor or as determined by the Court on Appeal to all workmen performing work under the Contract. 6-5 WI ■ 8.3 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party 1 sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to ' the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ' 8.4 Owner and Contractor each binds itself, its partners; successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.5 Any provision or part of the Contract Documents held to be void or unenforceable ' under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. One counterpart each has been delivered to Owner, Contractor and Engineer: All portions of the Contract Documents have been signed, initialed or identified by Owner and ' Contractor or identified by Engineer on their behalf. This Agreement will be effective on /'r)L0>/ i''r L2r/L 7c2 , (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: CITY FAME EVILLE ARKANSA CROSSLAND HEAVY CONTRACTORS, INC.. By: B Dan Goody, Mayor Mark Sell, Presi ent [Corporate Seal] [Corporate Seal] Attest tx&o Attest Sondra Smith, City Clerk Address for Giving Notices Address for Giving Notices ' 113 West Mountain Post Office Box 350 Fayettgville, AR 72701 Columbus, KS 66725 F�a�•Fc�.. FgSG�'�. ' Y _v. a ' _ •FAYETTEVILLE* . a 6-6 i I • ♦ - -r'•jt 10421 WEST MARKHAM • LITTLE ROCK, AR 72205-2190 Phone: 501-682-4536 Fax: 501-682-4508 TRS: 800-285-1131 Brad Hammond McGoodwin Williams and Yates Inc 909 Rolling Hills Dr Fayetteville, AR 72703 Dear Mr. Hammond: JAMES SALKELD DIRECTOR July 6, 2006 `RECEIVED. JUL I r 2006 McGoodwin, Williams and.Yates, Re: 24 -INCH WATER MAIN REPLACEMENT: WEST CUSTER ST. & MORNINGSIDE DR. AREAS FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 06.012 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. Please be advised that this determination supersedes #05.272 issued January 9, 2006• If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann. § 22-9-308 (b) (2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. § 22-9-308 (c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. § 22-9-309 (a). Also enclosed is a "Statement of Intent to Pay Prevailing Wages" form that should be put in your specifications along with the wage determination. The General/Prime Contractor is responsible for getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this project. When you issue the Notice to Proceed for this' project, please mail or fax a copy of the notice to my office. If you have any questions, please call meat (501) 682-4536 or fax (501) 682-4508. Enclosures Sincerely, Don Cash Prevailing Wage Division 4-1 Arkansas Department of Labor Prevailing Wage Determination HEAVY RATES Date: 07/06/2006 IDetermination #: 06-012 Project: 24 -Inch Water Main Replacement: Project County: Washington West Custer St. & Morningside Dr. Areas Expiration Date: 01/06/2007 City: Fayetteville, Arkansas Survey#: 706-AH05 Basic Hourly Fringe CLASSIFICATION Rate Benefits Bricklayer/Pointer, Cleaner, Caulker $9.65 $0.00 Carpenter $14.05 $1.75 Concrete Finisher/Cement Mason $12.80 $0.00 Electrician/Alarm Installer $13.30, $1.00 Ironworker $16.30 $0.00 Laborer $9.65 $0.00 Pipelayer $9.65 $0.00 Truck Driver $12.55 $0.00 Asphalt Paving Machine $12.55 • $0.00 Backhoe - Rubber Tired (1 yard or less) $13.90 $0.00 Bulldozer, finish $14.95 $0.00 Bulldozer, rough $10.60 $0.00 Distributor $12.35 $0.00 Front End Loader, finish $13.70 $0.00 Front End Loader, rough $10.65 $0.00 Mechanic $14.70 $0.00 Motor Patrol, finish $13.05 $0.00 Motor Patrol, rough $9.65 $0.00 Roller $12.40 $0.00 Scraper, finish $11.75 $0.00 Scraper, rough $11.25 $0.00 Trackhoe $14.00 $0.00 Crane, Derrick, Shovel, Dragline & Backhoe $14.90 $0.00 Welders -receive rate prescribed for craft performing operation to which welding is incidental. Certified 07/03/2006 Classifications that are required, but not listed above, must be requested in writing from the Arkansas Department of Labor, Prevailing Wage Division. Please call (501) 682-4536 for a request form. 07/06/2006 10:01 AM Page 1.oft WA &&a2 a- 01 .,.-% 'WI- ' - 3 �7j •■ \—• C ' §® J '5co maKt e% /emu/ <c�g -CC«2e. ■ /mv) ) $=22 )f§o — $k {7t\2 a) 72/b. a) CL B e�nJ7/ C \0 « , mo k 4-I as §2 \z2 k» o Eok 0 �(. 2a)O a §§ =t\7§ 2 feces kOO= / Z2Z ®§� /~t2 §W.j§ \/Ok/ ■�>� /=�Q= 3 Ufrz ±§$/{ §�E4 \®2i} 1'U> 12 27§&2 U) U �7� \ 8 ak%§ • /\ • \ 0 • XI Z (@§ • /k/ \U6 2\� • 2\/ §� 0Ln$ LU jL\ • LL §OIuz .[§0 • . }�q ca z CL §§/ § z 2k0 z U0C { b - (U 2 ii o 7j0 u / j°$ . }z§ I- \ o / EU c. %§\ ° . ) a E { t ) ± I I ) \ ( 0 E- 4-3 I BID 24 -INCH WATER MAIN REPLACEMENT WEST CUSTER STREET AND MORNINGSIDE DRIVE AREAS City of Fayetteville, Arkansas City of Fayetteville Project No. 05040 Plans No. Fy-332 Dated June 2006 Purchasing Office City of Fayetteville City Hall 113 W. Mountain Street Fayetteville, Arkansas 72701 To the City of Fayetteville: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within fifteen days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) • Date July 25, 2006 Number 1 and such addenda are attached to the Bid. 5-1 t b) Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. c) Bidder is familiar with and is satisfied as to all federal, state and local Laws and 1 Regulations that may affect cost, progress, performance and furnishing of the Work. d) Bidder has carefully studied all reports of explorations and tests of. subsurface conditions at or contiguous to the site and all drawings of physical conditions in or - relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Bidder accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in paragraph 4.2 of the • General Conditions. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. I. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, !Il 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 Ii of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. e) Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. f) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the ContractDocuments are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. 5-2 h) This Bid is genuine and not made in the Interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder orover Owner.. 4. y The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashiers check for Five Percent of 'Bid The Bidder will complete the Work for the following lump sum prices: (Note: Bidders shall submit a bid on one of three options shown below in Schedule A. The words "No Bid" shall be written in the blanks for the two options not chosen. Bidders shall submit bid prices on all items in Schedule B.) SCHEDULE A - WEST CUSTER STREET AREA Option I — Removal and Replacement of Existing Waterline Item. Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 1.1 Lump Sum Removal and Replacement of Existing Waterline, including all connections and all items of work as set out in the Plans and Specifications No Bid dollars $ No Bid 1.2 Lump Sum Trench or Safety Excavation System, as required by Act 291 of the 1993 Arkansas General Assembly No Bid dollars No Bid TOTAL BID — OPTION 1 $ No Bid Option 2 — Construct Parallel Waterline Item Estimated Total No: Quantity Description of Item and Unit or Lump Sum Price Bid Amount 2.1 Lump Sum Construct Parallel Waterline, including all connections and. all items of work as set out in the Plans and Specifications No Bid dollars $ No Bid 5-3 Ii i Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount mp sum i rencn or safety excavation system, as requirea Act 291 of the 1993 Arkansas' General Assembly It II. I No Bid TOTAL BID — OPTION 2.......................................................................... $ Option 3 — Sliplining and Partial Reconstruction No Bid No Bid Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 3.1 Lump Sum Sliplining and Reconstruction of Existing Waterline, including all connections and all items of work as set out in the Plans and Specifications Two Hundred Sixty -Five Thousand Seven Hundred Fifty dollars $ 265,750.00 andno ----------------------------------------------- 3.2 Lump Sum Trench or Safety Excavation System, as required • Act 291 of the 1993 Arkansas General Assembly Three Thousand and no/100---------------------------=---dollars 3,000.00 TOTAL BID — OPTION 3........................................................................... $ 268,750.00 SCHEDULE B- MORNINGSIDE DRIVE AREA Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 1. 3,720 Linear Feet, 24" Diameter Ductile Iron Pipe Class 200 Water Line, complete in place Ninety -Three and no/100-------------------dollars( 93.00)/L.F. $ 345,960.00 2. 8,000 Pounds, Compact Ductile Iron Pipe Fittings, complete in place Five and 50/100 ---------------------------dollars( 5.50)/Lb. 44,000.00 Ii 5-4 Item Estimated Total No. Quantity Description of item and Unit or Lump Sum Price Bid Amount 3. . 3 Each, 24" Butterfly Valves, complete in place Eight Thousand and no/100---------------- dollars(8.000.0g/Each $ 24,000.00 4. 5 Each, Fire Hydrant and Valve Assemblies, complete in place Two Thousand Two Hundred and no/100-------dollars(2,200.0Q/Each 11,000.00 5. 500 Cubic Yards, Crushed Stone for Undercut, complete in place Thirty -Four and no/100--------------------dollars( 34.00)/C,Y. 17;000.0O 6. Lump Sum 36" Encasement, State Highway Bore, complete in place Fifty -One Thousand Four Hundred and no/100--------------dollars 51,400.00 7. . Lump Sum 3T Encasement, Town Branch Bore, complete in place Forty -Two Thousand and no/100---------------------------dollars 42,000.00 8. Lump Sum 36" Encasement, Bore under Sewer, complete in place Twenty -Six Thousand Four Hundred and no/100-------------dollars 26,400.00 9. 300 Cubic Yards, Rock Excavation, complete in place One Hundred Seventy -Five and no/100-------dollars(175..00 )/C,Y. 52,500.00 10. Lump Sum 8" Water Line Reconnection, including 8" x 8" tapping sleeve and valve, 8" C900 PVC pipe, complete in place Six Thousand and no/100---------------------------------dollars 6,000.00. 11. 1 Each, Connections to Existing System (Sta. 13+10±), complete in place Two Thousand Two Hundred and no/100-----.--dollars(?,200.09/Each 2,200.00 12. 2 Each, Connections to Existing 24" System (at each end), complete in place Six Thousand Five Hundred and no/100------aollars(6,500.09/Each 13,000.00 5-5 It i. Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount it II Ii II 13. Lump Sum Trench or Safety Excavation System, as required by • Act 291 of the 1993 Arkansas General Assembly. Four Thousand Five Hundred and no/100-------------------dollars $ 4,500.00 TOTAL BID, SCHEDULE B........................................................................ $ 639,960.00 TOTAL BID, SCHEDULES AAND B ........................................................ 5. (continued) 908,710.00 The contract, if awarded, will be based on the lowest bid accepted by the City of Fayetteville, Arkansas. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. Amounts are to be shown in both words and figures. In case of. discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit and lump sum prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. - The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 6. The Bidder agrees that the Work will be substantially complete within 90 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 100 calendar days after the date when the Contract Times commence to run. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 5-6 8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. Submitted this 26th day of July 2006 Respectfully submitted, Crossland Heavy Contractors, Inc. (Firm Name) By /s/ Mark Sell Attest: /s/ Ivan Crossland, Jr. (Seal, if bid is by corporation.) Arkansas License No. 0067301106 Title President Post Office Box 350 Columbus, Kansas 66725 (Business Address & Zip 5-7 I 1 1 1 1. II I.. 1 I. I 1 'ONE August 22, 2006 To: City of Fayetteville, AR From: Martha L. Gilfillan, Attorney -in -Fact Re: Crossland Heavy Contractors, Inc Project: 24 -Inch Water Main Replacement: West Custer Street and Morningside Drive Areas, City of Fayettefille, Arkansas; Plans No. Fy-332 Bond No. 08856673 Please accept this letter as your authority to date the Bonds and Powers of Attorney on the above captioned project to coincide with the date of the contracts. Thank you. RISK MANAGEMENT, INSURANCE & EMPLOYEE BENEFITS SOLUTIONS P: 785.232.2202 F: 785.231.2680 www.lmacorp.com AFFILIATIONS: ASSURE% IINTERSURE IMA of Kansas. Inc. 1631 SW Topeka Blvd. Topeka KS 66612-1839 dbo IMA of Kansas Insurance Services California Lic 4 OD28748 LIi loans .I .Rf: rT11B] I I I I I I I I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) Contractors, Inc. a (2) Crossland Heavy corporation hereinafter called "Principal" and (3) Fidelity & Deposit Company of Maryland of Schaumburg , State of Illinois , hereinafter called the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas hereinafter called the "Owner," in the penal sum of Nine Hundred Eight Thousand Seven Hundred Ten and no/100---------------------- dollars ($ 908,710.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the fo day of —/0- a copy of which is hereto attached and made a part hereof for the construction of: 24 -Inch Water Main Replacement: West Custer Street and Morningside Drive Areas, City of Fayetteville, Arkansas; Plans No. Fy-332. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. to the terms of the contract or to the work or to the specifications. ' PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. I. 7-1 I I 1 I Ti 1 I Attest: N/A (Surety) Secretary 1 I. This bond is given in compliance with Act 261, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the / t -t day of 4"P2_ I1 I I 1 • PO ?oo c 36'D Wo Ombjs t !SS t olf 25 Address Crossland Heavy Contractors,,#Inc. Principal y larc a rest eni- Post Office Box 350 Columbus, Kansas 66725 Address Fidelity & Deposit Company of Maryland Sure By ai.Q a), M tha L. Gilfillan Attorney -in -Fact & Licensed Arkansas Non -Resident Agent 1400 American Lane, Tower I, 19th Fl, Schaumburg, IL 60196-1056 Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 7-2 I Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryland, by FRANK E. MARTIN JR., Vice President. and ERIC D. BARNES, Assistant Secretary, in put ¢j t granted by Article VI, Section 2. of the By -Laws of said Companies, which are set forth on their o an reby certified to be in full force and effect on the date hereof, does hereby nomina t poiERSON, Claudia J. NADEAU, S. Mark WILKERSON. and Ashley Rope F I �b� t�t� , Al of Topeka, Kansas, EACH its true and lawful agent and At r ak e�t tl eliver, for, and on its behalf as surety, and as its act and deed: any an 1 er Stht Execution of such bonds or undertakings in pursuance of these presents, shall Us " ' g port sari and amply, to all intents and purposes, as if they had been duly executed and a��n cd°e I e ected officers of the Company at its office in Baltimore, Md., in their own proper persons. s ro revokes that issued on behalf of Stanley G. WILKERSON, Claudia J. NADEAU, S. Mark Th ERSON. Ashley Rose NELSON, Martha L. GILFILLAN, dated July 5, 2005. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December. A.D. 2005. H I. ATTEST: 019 State of Maryland 1 ss: City of Baltimore J FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY Eric D. Barites Assistant Secretary By: Frank E. Martin Jr. Vice President On this 6th day of December, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTYYAND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executedtithet 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 Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as.such oflicers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporalions�> IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .00 111111,,E y /1 1111\```\ Maria D. Adaniski Notary Public My Commission Expires: July 8. 2007 Ii POA-F 076-0008 1 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND I "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." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "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." CERTIFICATE I. the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, 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 respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. 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 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. 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 seats of the said Companies, this ' day of d _, Assistant Seri'eiary I .1 .r , Bond No. 08856673 11 11 I • PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) Crossland Heavy Contractors, Inc. a(2) corporation hereinafter called "Principal" and (3) Fidelity & Deposit Company of Maryland of Schaumburg , State of Illinois , hereinafter called the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas hereinafter called the "Owner," in the penal sum of Nine Hundred Eight Thousand Seven Hundred Ten and no/100-------------- dollars ($_908,710.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION is s Ch that whe as, the Principal entered into a certain contract with Owner, dated the day of , ta copy of which is hereto attached and made a part hereof for the construction of: 24 -Inch Water Main Replacement: West Custer Street and Morningside Drive Areas, City of Fayetteville, Arkansas; Plans No. Fy-332. . NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract; and any authorized extension or modification thereof, all amounts due for but not limited to, materials, lubricants, oil, gasoline, coal. and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. The Surety agrees the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 7-3 I I I I �J I I 1 I I I I (1) Correct name of Contractor. ' (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 261, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the of day of , Attest: N/A (Surety) Secretary Crossland Heavy Contractors, Inc. Principal B✓�'� Y . Mark Sell, President Post Office Box 350 Columbus. Kansas 66725 Address Fidelity & Deposit Company of Maryland Surety x By Cl�-�iA� w M a L. Gilfillan Attorney -in -Fact & Licensed Arkansas Non -Resident Agent — 1400 American Lane, Tower I, 19th Fl, Schaumburg, IL 60196-1056 wit as. r ose Gordon Address aPO-Bo115371jeka, KS 66601-1537 Addr ss,- _1) NOTE: Date of bond must not be prior to date of contract. 7-4 1 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND ■ COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. corporations of the Sa4c\\fl44aryland. by FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary, in pur granted by Article VI, Section 2, of the By -Laws of said Companies, which are set forth on the rw rs an s reby certified to be in full force and effect on the date hereof, does hereby nomina t' t �a pot q ERSON, Claudia J. NADEAU, S. Mark WILKERSON, Ashley Rope8Q9 i JS12'*N,all of Topeka, Kansas, • EACH its true and lawful agent and At ert y n-' ak Jn c v sliver, for, and on its behalf as surety, and as its act and deed: an an 1� \ der ecution of such bonds or undertakings in pursuance of •- these presents. shallrtrg4lpon aid ully and amply, to all intents and purposes, as if they had been duly executed and aklln edge I e ected officers of the Company at its office in Baltimore, Md.. in their own proper persons.Ij oVaWorney revokes that issued on behalf of Stanley G. WILKERSON. Claudia J. NADEAU. S. Mark WKRSON. Ashley Rose NELSON, Martha L. GILFILLAN, dated July 5, 2005. The said Assistant Secretary, does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI. Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of December, A.D. 2005. I. ATTEST: - FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY to Oivpsrl u211 t4 4:° � SBAL �y 1 � I .. at- , By. B I.Eric D. Burnes Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland City of Baltimore f On this 6th day of December, A.D. 2005. before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in-and,who executed the swot r 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 Companies aforesaid, and that the_'seals affixed to the preceding instrument is the Corporate Seals of said Companies. and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the saidCorporations., IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and yea first above written. ' �+•f+� (lIC• ` Maria D. Adainski Nolan' Public My Commission Expires: July 8.2007 POA-F 076-0008 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." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "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." CERTIFICATE I. the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. and the a COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, 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 respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. 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 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. 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 YWHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this - I' day of i , A.ssin m .Se( rerury I II This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. II II II STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By UENMNEM .} .. A e A i tooNr* PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the k NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General AJ Contractors of America These General Conditions have been prepared for use with the Owner-ContractorcAgreements (No. 1910&A -I or 1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in onemay necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved; the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. EJCDC No. 1910-8 (1990 Edition) Reprinted 5.'9I - © 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 6 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title N 1. DEFINITIONS ................................... 1.1 Addenda ............................. 1.2 Agreement ........................... 1.3 Application for Payment .............. 1.4 Asbestos ............................. • 1.5:Bid.:............... 1.6 Bidding Documents ................... 1.7 Bidding Requirements ................ I;8 Bonds ................................. 1.9 Change Order ........................ 1.10 Contract Documents .................. 1.11 Contract Price ........................ 1.12 Contract Times ....................... 1.13 CONTRACTOR ...................... .1.14 defective ..............:::.:.......... 1.15 Drawings ............................. 1.16 Effective Date of the Agreement ...... 1:17 ENGINEER .......................... • 1.18 ENGINEER's Consultant ............. 1.19 Field Order........................ 1.20 .. - General Requirements ................ 1.21 Hazardous Waste .0 .................... 1.22 Laws and Regulations; Laws or Regulations ........................ 1.23 Liens ................................. 1.24 Milestone ............................. 1.25 Notice of Award ...................... 1.26 Notice to Proceed .................... 1.27 OWNER ............................. 1.28- Partial Utilization ..................... 1.29 PCBs ................................. 1.30 Petroleum ............................ 1.31 Project ............................... 1.32 Radioactive Material .................. 1.33 Resident Project Representative ....... 1.34 Samples .............................. 1.35 Shop Drawings ....................... 1.36 Specifications ......................... 1.37 Subcontractor ...006........4.:....... 1.38 Substantial Completion ............... 1.39 Supplementary Conditions ............ 1.40 Supplier .............................. 1.41 Underground Facilities ................ 1.42 - Unit Price Work ...................... 1.43 Work ................................. 1.44 Work Change Directive ....0.0..00.... 1.45 Written Amendment .................. 2. -PRELIMINARY MATTERS ...................... 2.1 Deliveryof Bonds .................... 2.2 Copies of Documents ................. 2.3 Commencement of Contract Times; Notice to Proceed .................. 2.4 Starting the Work ..................... Page 13 13 13 13 13 13 13 13 13 13 13 13- 13 13 ___ 13 13 13 13 13 .,,.13 . 14 I4 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 15 15 15 15 15 15 15 15 Article or Paragraph Number & Title 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report: Preliminary Schedules; Delivery of Certificates of Insurance .......................... 2.8 Preconstruction Conference ........... 2.9 Initially Acceptable Schedules ......... 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................ 3.1-3.2 Intent ................................ 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies ...................... ---3.4 Intent of Certain Terms or Adjectives'.. 3.5 Amending Contract Documents ....... 3.6 Supplementing Contract Documents ... 3.7 Reuse of Documents .................. .`''4: AVAJLABILITY OFLANDS;"SUBSURFACE AND PHYSICALCONDI IONS; REFERENCE POINTS. 4.1 . Availability of Lands .................. - 4.2 Subsurface and Physical Conditions ... 4.2.1 Reports and Drawings ................ 4.2.2 Limited Reliance by CONTRACTOR Technical Data ......... 4.2.3 •Authorized; Notice of Differing Subsurface or Physical Conditions ................. 4.2.4 ENGINEER's Review ................ 4.2.5 Possible Contract Documents Change . 4.2.6 Possible Price and Times Adjustments . 4.3 Physical Conditions —Underground Facilities ........................... 4.3.1 Shown or Indicated ................... 4.3.2 Not Shown or Indicated .............. 4.4 Reference Points ...................... 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... 5. BONDS AND INSURANCE ..................... 5.1-5.2 Performance, Payment and Other Bonds. 5.3 Licensed Sureties and Insurers; Certificates of Insurance ............ 5.4 CONTRACTOR's Liability Insurance . 5.5 OWNER's Liability Insurance :....... 5.6 Property Insurance ................... 5.7 Boiler and Machinery or Additional Property Insurance ................. 5.8 Notice of Cancellation Provisions ..... 5.9 CONTRACTOR's Responsibility for Deductible Amounts ................ 5.10 Other Special Insurance ............... - 5.11 Waiver of Rights ...................... Page Number 15 15 16 16 16 17 17 17 17 18 ` 18 18 18 18 18 18 19 19 20 20 21 21 21 21 22 22 22 Article or Paragraph . Page Number & Title Number 5.12-5.13 Receipt and Application of Insurance Proceeds ........................... 22 5.14 Acceptance of Bonds and Insurance; Option to Replace ................. 22 5.15 Partial Utilization —Property Insurance .......................... 23 6. CONTRACTOR'S RESPONSIBILITIES .......... 6.1-6.2 Supervision and Superintendence ...... 6.3.6.5 Labor, Materials and Equipment ...... 6.6 Progress Schedule .................... 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation .......... 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 6.12 Patent Fees and Royalties ............. 6.13 Permits 6.14 ............................... Laws and Regulations ................ 6.15 Taxes ................................ 6.16 Use of Premises 6.17 ...............:...... Site Cleanliness ....................... 6.18 Safe Structural Loading ............... 6.19 Record Documents ................... 6.20 Safety and Protection ................. 6.21 Safety Representative ................. 6.22 Hazard Communication Programs ..... 6.23 Emergencies .......................... 6.24 Shop Drawings and Samples .......... 6.25 Submittal Procedures; CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal 6.26 Shop Drawing & Sample Submittals Review by ENGINEER ............ 6.27 Responsibility for Variation From Contract Documents 6.28 ................ Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ............. 6.29 Continuing the Work .................. 6.30 CONTRACTOR's General Warranty and Guarantee ............ 6.31-6.33 Indemnification .......... 6.34 Survival of Obligations ................ 23 23 23 23 23 24 25 25 25 25 26 26 26 26 26 26 27 27 27 Article or Paragraph Page Number & Title Number 8.6 Change Orders ....................... 29 8.7 Inspections, Tests and Approvals ...... 29 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ......... 8.9 Limitations on OWNER's Responsibilities ..................... 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... 8.11 Evidence of Financial Arrangements .. 9. ENGINEER'S STATUS DURING CONSTRUCTION ............................... 9.1 OWNER's Representative ............ 9.2 Visits to Site .......................... 9.3 Project Representative ................ 9.4 Clarifications and Interpretations ...... 9.5 Authorized Variations in Work ........ 9.6 Rejecting Defective Work ............ 9.7-9.9 Shop Drawings, Change Orders and Payments .......................... 9.10 Determinations for Unit Prices 9.11-9.12 ........ Decisions on Disputes; ENGINEER as Initial Interpreter ................... 9.13 Limitations on ENGINEER's Authority and Responsibilities ...... 10. CHANGES IN THE WORK ..................... 10.1 OWNER Ordered Change ............ 10.2 Claim for Adjustment .................. 10.3 Work Not Required by Contract Documents ......................... 10.4 Change Orders 10.5 Notification of Surety ................. 27 11. CHANGE OF CONTRACT PRICE .. 11.1-11.3 Contract Price; Claim for Adjustment; 27 Value of the Work 11.4 .................. Cost -of the Work 27 11.5 ..................... Exclusions to Cost of the Work ....... 11.6 CONTRACTOR's Fee ................ 11.7 Cost Records ......................... 27 11.8 Cash Allowances ..................... 28 11.9 Unit Price Work ...................... It1 7. OTHER WORK .................................. 29 7.1-7.3 Related Work at Site .................. 29 7.4 Coordination 8. OWNER'S RESPONSIBILITIES ................. 29 8.1 Communications to Contractor ........ 29 8.2 Replacement of ENGINEER .......... 29 8.3 Furnish Data and Pay Promptly When Due................................ 29 8.4 Lands and Easements; Reports and Tests ............................... 29 8.5 Insurance ............................. 29 2 12. CHANGE OF CONTRACT TIMES .............. 12.1 Claim for Adjustment ................. 12.2 Time of the Essence .................. 12.3 Delays Beyond CONTRACTOR's Control ............................ 12.4 Delays Beyond OWNER's and CONTRACTOR's Control .......... 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......................................... 13.1 Notice of Defects ..................... 13.2 Access to the Work ................... 13.3 Tests and Inspections; Contractor's Cooperation ........................ 29 9 30 30 30 30 30 30 30 30 30 31 31 31 31 32 32 32 32 32 32 32 33 34 34 34 35 35 35 35 35 1 35 , 36 36 36 36 1 Article or Paragraph Page Article or Paragraph - Page Number & Title Number Number & Title Number 13.4 OWNER's Responsibilities; 14.12 Final Application for Payment ......... 40 Independent Testing Laboratory .... 36 14.13-14.14 Final Payment and Acceptance ........ 40 • 13.5 CONTRACTOR's Responsibilities ..... 36 14.15 Waiver of Claims ..................... 40 13.6-13.7 CoveringWork Prior to Inspection, Testin or A roval g PP •••••••••• •• 36 15. SUSPENSION OF WORK AND 13.8-13.9 Uncovering Work at ENGINEER'S TERMINATION ......... """""""""""' Request ............................ 36 15.1 OWNER May Suspend Work .........40 13.10 OWNER May Stop the Work ...... ... 36 15.2-15.4 OWNER May Terminate .............. 40 .-1311- • :r-Correction.or-Removal of Defective .15.5 °CONTRACTOR May -Stop Work or Work ............................... 37 Terminate .......................... .41 13.12 Correction Period 13.13 .......... Acceptance of Defective Work ........ 37 16. DISPUTE RESOLUTION ..................::... 41 13.14 -OWNER-May Correct Defective Work ............................... 37 17. MISCELLANEOUS ............................. 42 17.1 Giving Notice .......................: 42 17.2 Computation of Times ................ . 42 14. PAYMENTS TO CONTRACTOR AND - 17.3 Notice of Claim ......................42 •COMPLETION.......4......................... 37 17.4 Cumulative Remedies 42 -14.1- -•-- Schedule of Values .......:............ . . 37_. - .. ................. -- ---17.5 - - --Professional Fees and Court Costs-=-- --- — 14.2 Application for Progress Payment ..... 38 Included ........................... 42 • 14.3 CONTRACTOR's Warranty of Title ... 38 . 14.4-14.7 Review -of Applications for EXHIBIT GC -A (Optional): Progress Payments ., 38 „ .. tDisputeEResolution Agreement:(Optional) .... GC -AI ti ... .... 39 . , 16.1=16.6 Arbitration GC -Al 14.14.8-14.9 SurtaSubsl UtilizationCortipletion ..................... 39 .................... . 16.7 Mediation...................... GC -A2- 14.11 • Final Inspection ...................... 39 INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Bonds and Insurance ................................5.14 defective Work ....................... 10.4.1, 13.13, 13.15 final payment.................................9.12, 14.15 insurance ........................................... 5,14 other Work, by CONTRACTOR ...................... 7.3 Substitutes and "Or -Equal" Items .................. 6.7.1 Work by OWNER ........................ 2.5, 6.30, 6.34 Access to the — Lands, OWNER and CONTRACTOR responsibilities.....................................4.1 site, related work .................................... 7.2 Work . .................................. 13.2, 13.14, 14.9 Acts or Omissions—, Acts and Omissions — CONTRACTOR ............................ 6.9.1, 9.13.3 ENGINEER................................6.20, 9.13.3 OWNER ....................................... 6.20, 8.9 Addenda —definition of (also see definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1 Additional Property Insurances ............................ 5.7 Adjustments Contract Price or Contract Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4,11,12,14.8,15.1 progress schedule....................................6.6 Agreement — definition of..........................................1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash ..................................... 11.8 Amending Contract Documents ......................... 3.5 Amendment, Written — in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment — definition of..........................................1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general ....................... 2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of .. .......... .................... 14.4-14.7 Arbitration (Optional) .............................16.1-16.6 Asbestos — claims pursuant thereto ................... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of..........................................1.4 OWNER responsibility for .................... 4.5.1, 8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work . , ......... 3.6, 6.25, 6.27, 9.5 Availability of Lands ............................... 4.1, 8.4 Award, Notice of —defined .. .. 1.25 Before Starting Construction ............. .......... 2.5-2.8 Bid —definition of......................................1.5 (1.1, 1,10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) Article or Paragraph Number Bidding Documents —definition of ................ 1.6 (6.8.2) 1 Bidding Requirements —definitions of ....... 1.7 (1.1, 4.2.6.2) Bonds — acceptance of........................................5.14 additional bonds ...........................10.5.11.4.5.9 Cost of the Work .................................. 11.5.4 definition of ........................................... 1.8 delivery of......................................2.1, 5.1 final application for payment .................14.12-14.14 general ...............1.10,5.1-5.3, 5.13, 9.13,10.5, 14.7.6 performance, Payment and Other .................5.1-5.2 Bonds and lnsurance—in general ...........................5 Builder's risk "all risk" policy form ................... 5.6.2 Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15 Cash Allowances......................................11.8 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ................ 9.13.4, 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, ............................... 5.14, 9.13.4, 14.12 Change in Contract -Prime Cash Allowances...................................11.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 1 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13,13.14,15.1,15.5 CONTRACTOR's fee ............................... 11.6 Cost of the Work general......................................11.4-11.7 d Exclusions to ....................................... 11.5 Cost Records.......................................11.7 in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing.................................11.3.2 Notification of Surety ............................... 10.5 Scope of.......................................10.3-10.4 1 Testing and Inspection, Uncovering the Work ........ 13.9 Unit Price Work....................................11.9 Value of Work......................................11.3 Change in Contract Times — Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13.14, .4...... 12.2 1 Contractual time limits ..........'..... .. Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol...............................................124 Notification of surety ............................... 10.5 Scope of change ...............................10.3-10.4 Change Orders — Acceptance of Defective Work ................ .... 13.13 Amending Contract Documents ...................... 3.5 Cash Allowances...................................11.8 Change of Contract Price ................. .. I I Change of Contract Times ............................ 12 1 Changes in the Work .................................. 10 CONTRACTOR's fee ...................... .. 11.6 Cost of the Work ...............................11.4-11.7 1 I 'i. I I I itt Article or Paragraph Number Cost Records ....................................... 11.7 definition of .......................................... 1.9 emergencies........................................6.23 ENGINEER's responsibility .........9.8. 10,4, 11.2, 12.1 execution of ......................... ..... 10.4 Indemnification ..................... 6.12, 6.16, 6.31, 6.33 Insurance, Bonds and ...................5.20, 5.13, 10.5 OWNER may terminate ........................15.2-15.4 OWNER's Responsibility ....................... 8.6, 10.4 Physical Conditions - Subsurface and, .....................................4.2 Underground Facilities .................4.3.2 Record Documents .........:....................... 6.19 Scope of Change ............................... 10.3-10.4 Substitutes ................................... 6.7.3, 6.82 Unit Price Work .... ................................. 11.9 value of Work, covered by ..........................11.3 Changes in the Work .................................... 10 Notification of surety . .'...-..... r ..:.:.:...::: ::::.. 10.5 - OWNER's and CONTRACTOR's responsibilities ... 10.4 Rightto anadjustment ...............................10.2 Scope of change ...............................10.3-10.4 Claims — against CONTRACTOR .. r. ...':..`.. ....::. :..:6.1• 6' against ENGINEER ................................ 6.32 against OWNER....................................6.32 Change of Contract Price ....................... 9.4, 11.2 Change of Contract Times ....................... 9.4, 12.1 CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 14.8, 15.1, 15.5, 17.3 CONTRACTOR's Fee .............................. 11.6 CONTRACPOR's liability ............ 5.4, 6.12, 6.16, 6.31 Cost of the Work .............................. 11.4, 11.5 Decisions on Disputes ......................... 9.11, 9.12 Dispute Resolution..................................16.1 Dispute Resolution Agreement ..................16.1-16.6 ENGINEER as initial interpreter .......•............. 9.11 Lump Sum Pricing ................................ 11.3.2 Notice of...........................................17.3 OWNER's ........... 9.4, 9.5, 9.11, 10.2, 11.2, I I.9, 12.1, . 13.9, 13.13, 13.14, 17.3 OWNER's liability...................................5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included .......... 17.5 request for formal decision on ....................... 9.11 Substitute items..................................6.7.1.2 Time Extension.....................................12.1 Time requirements ............................ 9.11, 12.1 Unit Price Work..................................11:9.3 Valueof............................................11.3 Waiver of —on Final Payment ................14.14, 14.15 Work Change Directive ............................. 10.2 written notice required ................... 9.11, 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 Clean Site .. .......................................... 6.17 Codes of Technical Society, Organization or Association.......................................3.3.3 Commencement of Contract Times ..................... 2.3 Communications— Article or Paragraph Number general....................................62 6.9.2, 8.1 Hazard Communication Programs ................... 6.22 Completion - Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ...............14.13-14.14 Partial Utilization .................................. 14.10 Substantial Completion ................... 1.38, 14.8-14.9 --.Waiverof-Claims.................................. 14.15 Computation of Times ......................... 17.2.1-17.2.2 Concerning Subcontractors, Suppliersand Others ............................ 6.8-6.11 Conferences - initially acceptable schedules .......................... 2.9 preconstruction......................................2.8 Conflict, Error, Ambiguity, Discrepancy - CONTRACTOR to Report .....................2.5, 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction Machinery, Equipment, etc ................ 6.4. - Continuing the Work ............................. 6.29, 10.4 Contract Documents - Amending - .. ....................... 3.5 Bonds . ... ....................... 5.1 Lash'Allowattces : ...:. .::4 ......:.............. 11.8 .......... Change of Contract Price ............................. 11 Change of Contract Times ............................ 12 Changes in the Work ...........................10.4-10.5 check and verify.....................................2.5 Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.11 definition of ......................................... 1.10 ENGINEER as initial interpreter of ................. 9.11 ENGINEER as OWNER's representative ............9.! general................................................3 Insurance ............................................ 5.3 Intent............................................3.1-3.4 minor variations in the Work ......................... 3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make promptpayment ..............8.3, 14.4, 14.13 precedence ....................'........6.......3.1, 3.3.3 Record Documents ................................. 6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 Related Work ........................................ 7.2 Reporting and Resolving Discrepancies ........... 2.5, 3.3 Reuseof.............................................3.7 Supplementing ........................................ 3.6 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work....................................11.9 .variations.s................................. 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ......................... 9.2 Contract Price- adjustmentbf ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof ............................................ II Decision on Disputes ............................... 9.11 definition of........................................1.11 Contract Times - adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 12 Change of......................................12.1-12.4 Article or Paragraph Number Commencement of...................................2.3 definition of ........................................ 1.12 CONTRACTOR — Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work................................6.29, 10.4 coordination and scheduling ...........6.9.2 definition of .......................................... 1.13 May Stop Work or Terminate ....................... 15.5 provide site access to others .................... 7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18,6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements ......................4.... 4.5.2 CONTRACTOR's— Compensation.................................. 11.1-11.2 Continuing Obligation .............................. 14.15 Defective Work .......................... 9.6, 13.10-13.14 Duty to correct defective Work ..................... 13.11 Duty to Report — Changes in the Work caused by Emergency .............................................. 6.23 Defects in Work of Others ......................... 7.3 Differing conditions .............................. 4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies........................................6.23 Equipment and Machinery Rental, Cost of the Work ................................... 11.4.5.3 Fee —Cost -Plus ..................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee ....................630 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12, 6.16, 6.31-6.33 Inspection of the Work ......................... 7.3, 13.4, Labor, Materials and Equipment ..................6.34.5 Laws and Regulations, Compliance by ............. 6.14.1 Liability Insurance ................................... 5.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds ........................ 5.1 Permits, obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formaldecision on disputes ............. 9.11 Responsibilities — Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACTOR's expense .......................67.1 CONTRACTOR's General Warranty and Guaran- tee...............................................6.30 CONTRACTOR's review prior to Shop Drawingor Sam- ple submittal.....................................6.25 Coordination of Work .............................. 6.9.2 Emergencies.....................................6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items .......................... 6.7.3 Article or Paragraph Number For Acts and Omissions of Others .....6.9.1-6.9.2, 9.13 for deductible amounts, insurance .................. 5.9 general ................................. 6, 7.2, 7.3, 8.9 Hazardous Communication Programs ............. 6.22 Indemnification .............................. 6.31-6.33 Labor, Materials and Equipment ................ 6.3-6.5 Laws and Regulations ............................ 6.14 Liability Insurance.................................5.4. Notice of variation from Contract Documents 6.27 Patent Fees and Royalties ......................... ..... 6.12 Permits...........................................6.13 Progress Schedule ................................. 6.6 Record Documents ............................... 6.19 related Work performed prior to ENGINEER's approval of required submittals ................. 6.28 safe structural loading ............................ 6.18 Safety and Protection ................... 6.20, 7.2, 13.2 Safety Representative ............................. 6.21 Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review by ENGINEER................................6.26 Site.Cleanliness.r......-..4...4......................... 6.17 Submittal Procedures ............................. 6.25 Substitute Construction Methods and Procedures .................................... 6.7.2 Substitutes and "Or -Equal" Items ................ 6.7.1 Superintendence....................................6.2 Supervision........................................6.1 Survival of Obligations ............................. 6.34 Taxes............................................6.15 Tests and Inspections ............................. 13.5 ToReport .......................................... 2.5 Use of Premises .................... 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11 .2 II 9, 12 13.9, 14.8, 15.1, .1, 15.5, 17.3 Safety and Protection .................6.20-6.22, 7.2, 13.2 Safety Representative ....... 4 ....................... 6.21 Shop Drawings and Samples Submittals ......... 6.24-6.28 Special Consultants ................................11.4.4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items, Expense .. 6.7.1, ..... 6.7.2 Subcontractors, Suppliers and Others ............6.8-6.11 Supervision and Superintendence ........... 6.1, 6.2, 6.21 Taxes, Payment by..................................6.15 Use of Premises ................................ 6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title...................................14.3 Written Notice Required — CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions.............................................4.2.3 Substantial Completion ........................... 14.8 CONTRACTORS—other..................................7 Contractual Liability insurance ...................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination Article or Paragraph Article or Paragraph Number Number CONTRACTOR's responsibility .................... 6.9.2 Determinations for Unit Prices ........................ 9.10 Copies of Documents..................................2.2 Differing Subsurface or - Correction Period....................................13.12 Physical Conditions Correction, Removal or Acceptance of Notice of..........................................4.2:3 Defective Work ENGINEER's Review ............................. 4.2.4 in general ............................. 10.4.1, 13.10-13.14 Possible Contract Documents Change ............... 4.2.5 Acceptance of Defective Work ..................... 13.13 Possible Price and Times Adjustments .............. 4.2.6 Correction or Removal of Defective Work ..... 6.30, 13.11 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2, 6.14.2 .'.: ;Correction Period ................................... 13.12 - ' Dispute Resolution — OWNER May Correct Defective Work ............. 13.14 Agreement ..................................... 16.1-16.6 OWNER May Stop Work .......................... 13.10 Arbitration ..................................... 16.1-16.5 Cost— general................................................16 of Tests and Inspections ............................. 13.4 _ Mediation..........................................16.6 Records ............. ............................... 11.7 Dispute Resolution Agreement .................... 16.1-16.6 Cost of the Work— Disputes, Decisions by ENGINEER ..............9.11-9.12 Bonds and insurance, additional ................. 11.4.5.9 Documents — Cash Discounts...................................11.4.2 Copies of............................................2.2 CONTRACTOR's Fee .......:...................... 11.6 Record ............................................. 6.19 Employee Expenses ............................. 11.4.5.1 Reuse of.............................................3.7 Exclusions to.......................................11.5 Drawings —definition of ............................... 1.15 General........................................11.4-11.5 Easements.............................................4.1 Home office and overhead expenses ................. 11.5 Effective date of Agreement —definition of ............. 1.16 Losses and damages..........................._,..• ........LI.4.5.6,M•., Emergencies... ...ri,• .., .; ...................... 6.23 ,;. Materials and equipment ..........................11:412 • ENGINEER — Minor expenses.................................11.4.5.8 as initial interpreter on disputes ................. 9.11-9.12 Payroll costs on changes .......................... 11.4.1 definition of........................................1.17 performed by Subcontractors ...................... 11.4.3 Limitations on authority and Records............................................11.7 responsibilities.................................9.13 Rentals of construction equipment and machinery . 11.4.5.3 Replacement of......................................8.2 Royalty payments, permits and license fees ...... 11.4.5.5 Resident Project Representative ...................... 9.3 Site office and temporary facilities ............... 11.4.5.2 ENGINEER's Consultant' —definition of ................ 1.18 Special Consultants, CONTRACTOR's ............ 11.4.4 ENGINEER's— I Supplemental.....................................11.4.5 authority and responsibility, limitations on ........... 9.13 Taxes related to the Work .......................11.4.5.4 Authorized Variations in the Work .................... 9.5 Tests and Inspection................................13.4 Change Orders, responsibility for .......... 9.7, 10, 11,.12 Trade Discounts..................................11.4.2 Clarifications and Interpretations ............... 3.6.3, 9.4 Utilities, fuel and sanitaryfacilities ............... 11.4.5.7 Decisions on Disputes ..........................9.11-9.12 Work after regular hours .......................... 11.4.1 defective Work, notice of ........................... 13.1 Covering Work...................................13.6-13.7 Evaluation of Substitute Items ...................... 6.7.3 Cumulative Remedies ............................17.4-17.5 Liability.......................................6.32, 9.12 Cutting, fitting and patching ............................ 7.2 Notice Work is Acceptable ......................... 14.13 Data, to be furnished by OWNER ...................... 8.3 Observations.................................6.30.2, 9.2 Day -definition of...................................17.2.2 OWNER's Representative ...........................9.! Decisions on Disputes .9.11, 9.12 Payments to the CONTRACTOR, defective —definition of................................1.14 Responsibility for .............................. 9.9, 14 defective Work— I Recommendation of Payment ................. 14.4, 14.13 Acceptance of .............................. 10.4.1, 13.13 Responsibilities — Correction or Removal of ................... 10.4.1, 13.11 Limitations on ...............................9.11-9.13 Correction Period..................................13.12 Review of Reports on Differing Subsurface in general.................................13, 14.7, 14.11 and Physical Conditions .......................... 4.2.4 Observation by ENGINEER ......................... 9.2 Shop Drawings and Samples, review OWNER May Stop Work .......................... 13.10 responsibility.....................................6.26 Prompt Notice of Defects ............................ 13.1 Status During Construction— Rejecting............................................9.6 authorized variations in the Work .................. 9.5 Uncovering the Work ............................... 13.8 Definitions ............................................... I Delays.................................4.1, 6.29, 12.3-12.4 Delivery of Bonds ....................................... 2:I Delivery of certificates of insurance ...................a+. 2.7 Clarifications and Interpretations ................... 9.4 Decisions on Disputes ........................9.11-9.12 Determinations on Unit Price ..................... 9.10 ENGINEER as Initial Interpreter ..............9.11-9.12 ENGINEER's Responsibilities ................9.1-9.12 I Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities...................................9.13 OWNER's Representative ......................... 9.1 Project Representative ............................. 9.3 Rejecting Defective Work .......................... 9.6 Shop Drawings, Change Orders and Payments....................................9.7-9.9 Visits to Site ..............4.4.......44.............. 9.2 Unit Price Determinations ........................... 9.10 Visits to Site ..........4......4....4 .................4 9.2 Written consent required ......................... 7.2, 9.1 Equipment, Labor, Materials and ................... 6.34.5 Equipment rental, Cost of the Work ................ 11.4.5.3 Equivalent Materials and Equipment .................... 6.7 Errors or omissions...................................6.33 Evidence of Financial Arrangements ................... 8.11 Explorations of physical conditions ................... 4.2.1 Fee, CONTRACTOR's—Costs-Plus ................... 11.6 Field Order — definition of........................................1.19 issued by ENGINEER . 4 ....................... 3.6.1, 9.5 Final Application for Payment .... ....................__..._...14.12 Final Inspection......................................14.11 Final Payment — and Acceptance .4 ........................ .. 14.13-14.14 Prior to, for cash allowances ........................ 11.8 General Provisions .....4.......4 ................. 17.3-17.4 General Requirements— defintion of.........................................1.20 principal references to .............. 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ......................................... 17.1 Guarantee of Work —by CONTRACTOR .............................. 6.30, 14.12 Hazard Communication Programs ..................... 6.22 Hazardous Waste — definition of........................................1.21 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Indemnification ........................ 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules .......................4..2.9 Inspection — Certificates of ......................... 9.13.4, 13.5, 14.12 Final..............................................14.11 Special, required by ENGINEER .................... 9.6 Tests and Approval ........................ 8.7, 13.3-13.4 Insurance — Acceptance of, by OWNER ......................... 5.14 Additional, required by changes in the Work ..444...4 ........................ 11.4.5.9 Before starting the Work .44.......4...4 .............. 2.7 Bonds and —in general.................................5 Cancellation Provisions .............................. 5.8 Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations ...................4444 ... 5.4.13 CONTRACTOR's Liability ......4....4...4....4...... 5.4 CONTRACTOR's objection to coverage ....4444... . . 5.14 Contractual Liability .............................. 5.4.10 Article or Paragraph Number deductible amounts, CONTRACTOR's responsibility....................................5.9 Final Application for Payment ...................... 14.12 Licensed Insurers ....................................5.3 Notice requirements, material changes..................................5.8, 10.50 Option to Replace .................................. 5.14 other special insurances .............................5.10 OWNER as fiduciary for insureds ..............5.12-5.13 OWNER'S Liability ......44.4.4 ...................... 5.5 OWNER's Responsibility ......................'..... 8.5 Partial Utilization, Property Insurance ............... 5.15 Property........................................5.6-5.10 Receipt and Application of Insurance Proceeds .. 5.12-5.13 Special Insurance ................................... 5.10 Waiver of Rights.....................................5.11 Intent of Contract Documents .......................3.1-3.4 Interpretations and Clarifications ................. 3.6.3, 9.4 Investigations of physical conditions .................... 4.2 Labor, Materials and Equipment .................... 6.3-6.5 Lands — .and Easements........................................8.'l Availability of ......................4............4.1, 8.4 Reports & Tests.....................................8.4 Laws and Regulations —Laws or Regulations — Bonds........................................... 5.1-5.2 Changes in the Work ...............4........4.44.... 10.4 Contract Documents .....4...4..4 .................... 3.1 CONTRACTOR's Responsibilities ................... 6.14 Correction Period, defective Work .................. 13.12 Cost of the Work, taxes ......................... 11.4.5.4 definition of ......... .. 1.22 general.............................................6. Indemnification ................................ 6.314.33 Insurance..............4......4.4.4.................. 5.3 Precedence .........4....4.44 .................. 3.1, 3.3.3 Reference to ..............4..44....4............... 3.3.1 Safety and Protection ........................... 6.20, 13.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Tests and Inspections ............................... 13.5 Use of Premises .......4............4....4..4....... 6.16 Visits to Site ............4........4........4.4........ 9.2 Liability insurance— CONTRACTOR's.................................... 5.4 OWNER'S....................................4...... 5.5 Licensed Sureties and Insurers ......................... 5.3 Liens — Application for Progress Payment ................... 14.2 Contractor's Warranty of Title ....................... 14.3 Final Application for Payment ....44.4.4............ 14.12 definition of ....................................... 1.23 Waiver of Claims..................................14.15 Limitations on ENGINEER's authority and responsibilities.....................................9.13 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2 Maintenance and Operating Manuals — Final Application for Payment ...................... 14.12 Manuals (of others)— Precedence............4.......................... 3.3.3.1 ft 4,) ti IL I I I II 1 1 •1 Article or Paragraph Number Article or Paragraph Number Reference to in Contract Documents ................ 3.3.1 Inspections, tests and approvals ................. 8.7, 13.4 Materials and equipment— Liability Insurance...................................5.5 furnished by CONTRACTOR ........................ 6.3 Notice of Defects .................................:. 13.1 not incorporated in Work ............................ 14.2 Representative —During Construction, Materials or equipment —equivalent ..................... 6.7 ENGINEER's Status ............................ 9.1 Mediation (Optional) ............. d .................... 16.7 Responsibilities — Milestones —definition of .............................. 1.24 Asbestos, PCB's, Petroleum, Hazardous Miscellaneous— - Waste on -Radioactive Material ....................8.10 Computation of Times .............................. 17.2 Change Orders .................................... 8.6 Cumulative Remedies ............................... 17.4 Changes in the Work .............................. 10.1 Giving Notice ....................................... 17.1 communications ...........................:...... 8.1 Notice of Claim.....................................17.3 CONTRACTOR's responsibilities .................. 8.9 Professional Fees and Court Costs Included .......... 17.5 evidence of financial arrangements ................ 8.11 _. Multi -prime contracts .- ............................ ........ 7 - inspections, tests and approvals .................... 8.7 Not Shown or Indicated 4.3.2 Insurance ..................4.........4. Notice of— .........................................8.5 lands and easements ............................... 8.4 Acceptability of Project ............................ 14.13. prompt -payment by................................8.3 Award, definition of.................................1.25 replacement of ENGINEER ....................... 8.2 Claim .................................................17.3 17.3 reports and tests...................................8.4 Defects . ............................................ 13.1 stop or suspend Work .................. 8.8, 13.10,-15.1 Differing Subsurface or Physical Conditions ..........4.2.3 terminate CONTRACTOR's services .......... 8.8, 15.2 Giving..................................................17.1 . :separate.representative at site ........................ 9.3 Tests and Inspections :..'.'.:: r:: .............. .':::i r`13.3- .,............ ` `'depend t estirig`'....r.'i:::: ; r'....:.. 13.4 Variation, Shop Drawing and Sample ................ 6.27 use or occupancy of the - Notice to Proceed— Work....................................5.15, 14.10 definition of........................................1.26 written consent or approval giving of.............................................2.3 required ...............................9.!, 6.3, 11.4 Notification to Surety........................10.5 written notice Observations, by ENGINEER .................... 6.30, 9.2 required .......... 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 Occupancy of the Work ................ 5.15, 6.30.2.4, 14.10 PCBs — Omissions or acts by CONTRACTOR ............. 6.9, 9.13 definition of ........................................ •1.29 •'Open peril" policy form, Insurance ...................5.6.2 general..............................................4.5 Option to Replace .....................................5.14 OWNER's responsibility for ........................ 8.10 "Or Equal" Items ...................................... 6.7 Partial Utilization— - Other work..............................................7 definition of ............... ......................... 1.28 Overtime Work —prohibition of ......................... 6.3 general...................................6.30.2.4, 14.10 OWNER— Property Insurance .................................. 5.15 Acceptance of defective Work ...................... 13.13 Patent Fees and Royalties ............................. 6.12 appoint an ENGINEER .............................. 8.2 Payment Bonds.....................................5.1-5.2 as fiduciary ....................................5.12-5.13 Payments, Recommendation of ............. 14.4-14.7, 14.13 Availability of Lands, responsibility ................... 4.1 Payments to CONTRACTOR and Completion — definition of ........................................ 1.27 Application for Progress Payments ...................14.2 data, furnish..........................................8.3 CONTRACTOR's Warranty of Title ...............:. 14.3 May Correct Defective Work .......................1314 Final Application for Payment ...................... 14.12 May refuse to make payment ........................ 14.7 FinalInspection...................................14.11 May Stop the Work ................................ 13.10 Final Payment and Acceptance ............... 14.13-14.14 may suspend work, general...........................................8.3, 14 terminate ....................... 8.8, 13.10, 15.1-15.4 - Partial Utilization..................................14.10 Payment, make prompt ................... 8.3, 14.4, 14.13 Retainage...........................................14.2 performance of other Work ........:.................. 7.1 Review of Applications for Progress permits and licenses, requirements .................. 6.13 Payments..................................14.4-14.7 purchased insurance requirements ...............5.6-110 prompt payment.....................................8.3 OWNER's— Schedule of Values..................................14.1 Acceptance of the Work ......................... 6.30.2.5 Substantial Completion ......................... 14.8-14.9 Change Orders, obligation to Waiver of Claims .................................. 14.15 execute....................................8.6, 10.4 when payments due .......................... 14.4,.14.13 Communications.....................................8.1 withholding payment................................14.7 Coordination of the Work .... .................... 7.4 Performance Bonds.................................5.1-5.2 Disputes, request for decision .......................9.!! Permits...............................................6.13 I Article or Paragraph Number Article or Paragraph Number I Petroleum— Regulations, Laws and (or) ............................ 6.14 genr1.30 Rejecting of ........................................ g-ectin Defective Work ...............................9.6 general ..............................................4.5 Related Work— OWNER's responsibility for ........................8.10 at Site ...........................................7.1-7.3 Physical Conditions— Performed prior to Shop Drawings Drawings of, in or relating to ..................... 4.2.1.2 and Samples submittals review .................. 6.28 ENGINEER's review .............................. 4.2.4 Remedies, cumulative ............................ 17.4, 17.5 existing structures..................................4.2.2 Removal or Correction of general ...........................................4.2.1.2 Defective Work....................................13.11 Subsurface and .......................................4.2 ...................................... 4.2 rental agreements, OWNER approval Ii Underground Facilities ............................... 4.3 required ....................................... 11.4.5.3 Possible Contract Documents Change ............... 4.2.5 replacement of ENGINEER, by OWNER .............. 8.2 Possible Price and Times Adjustments 4.2.6 Reporting and Resolving Discrepancies .... 2.5. 3.3.2, 6.14.2 Reports and Drawings .............................. 4.2.1 Reports — Notice of Differing Subsurface or, .................. 4.2.3 and Drawings......................................4.2.1 Subsurface and......................................4.2 and Tests, OWNER's responsibility .................. 8.4 Subsurface Conditions ............................ 4.2.1.1 Resident Project Representative — Technical Data, Limited Reliance by definition of........................................1.33 ' CONTRACTOR Authorized .....................4.2.2 4.2.2 provision for.........................................9.3 Underground Facilities— Resident Superintendent, CONTRACTOR's ............. 6.2 ' general..........................................43 Responsibilities — Not Shown or Indicated ......... . 4.3.2 - CONTRACTOR's-, n.general 6 Protection of ...............................43, 6.20 ENGINEER's-in general ............................... 9 Shown or Indicated ............................ 4.3.1 Limitations general Preconstruction Conference ............................ 2.8 Retainage ......... ............................... 14.8 Preliminary Matters......................................2 Reuse of Documents...................................3.7 Preliminary Schedules..................................2.6 Review by CONTRACTOR: Shop Drawings Premises, Use of.................................6.16-6.18 and Samples Prior to Submittal ...................... 6.25 Price, Change of Contract ............................... 1 I Review of Applications for Progress Price, Contract —definition of .......................... 1.1 I Payments......................................14.4-14.7 Progress Payment, Applications for .................... 14.2 Right to an adjustment 10.2 Progress payment—retainage .......................... 14.2 Rights of Way..........................................4.1 Progress schedule, CONTRACTOR's .... 2.6, 2.8, 2.9, 6.6, Royalties, Patent Fees and ............................. 6.12 6.29, 10.4, 15.2.1 Safe Structural Loading ................................6.18 Project —definition of..................................1.31 Safety — Project Representative— and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 ENGINEER's Status During Construction ............ 9.3 general........................................6.20-6.23 Project Representative, Resident Representative, CONTRACTOR's ................... 6.21 —definition of......................................1.33 Samples — prompt payment by OWNER ...........................83 definition of........................................1.34 Property Insurance general........................................6.24-6.28 Additional ...........................................5.7 Review by CONTRACTOR .......... .. 6.25 ............. general..........................................5.6-5.10 Review by ENGINEER ....................... 6.26, 6.27 Partial Utilization ........................... 5.15, 14.10.2 related Work ........................................ 6.28 receipt and application of submittal of........................................6.24.2 proceeds ............................. . 5.12-5.13 submittal procedures................................6.25 Protection, Safety and .......................6.20-6.21, 13.2 Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1 Punch list............................................14.11 Schedule of Shop Drawing and Sample Radioactive Material— Submittals ....................... 2.6, 2.8-2.9, 6.24-6.28 definition...........................................1.32 Schedule of Values ......................... 2.6, 2.8-2.9, 14.1 general..............................................45 Schedules— OWNER's responsibility for ........................ 8.10 Adherence to .....................................15.2.1 Recommendation of Payment .............. 14.4, 14.5, 14.13 Adjusting ............. ........... 6.6 1 .................... Record Documents .............................619, 14.12 Change of Contract Times 10.4 Records, procedures for maintaining .................... 2.8 Initially Acceptable ...............................2.8-2.9 Reference Points ....................................... 4.4 Preliminary .......................................... 2.6 Reference to Standards and Specifications Scope of Changes ..............................10.3-10.4 of Technical Societies................................3.3 Subsurface Conditions .............................. 4.2.1.1 10 I I Article or Paragraph Number Shop Drawings — and Samples, general ............................6.24-6.28 Change Orders & Applications for Payments, and ............................... 9.7-9.9 definition of ........................................ 1.35 ENGINEER's approval of ......................... 3.6.2 ENGINEER's responsibility for review ............................... 9.7, 6.24-6.28 related Work............................................6.28 • review procedures .........................2.8,6.24-6.28 submittal required ................................. 6.24.1 Submittal Procedures ............................... 6.25 use to approve substitutions ........................ 6.7.3 Shown or Indicated.....................................4.3.1 Site Access.......................................7.2, 13.2 Site Cleanliness.......................................6.17 Site, Visits to — by ENGINEER.................................9.2, 13.2 byothers ...........................................13.2 "Special causes of loss" policy form, insurance . •......5.6.2 Specifications — definition of ........................................ 1.36 of Technical Societies, reference to 3 3 1 precedence ..... ........ ......... .......... Standards and Specifications of Technical Societies..........................................3.3 Starting Construction, Before .......................2.5-2.8 Starting the Work......................................2.4 Stop or Suspend Work — by CONTRACTOR ................................. 15.5 by OWNER ............................. 8.8, 13.10, 15.1 Storage of materials and equipment .................. 4.1, 7.2 Structural Loading, Safety ............................. 6.18 Subcontractor — Concerning . ............:.............:. ............ 6.8-6.11 definition of ........................................ 1.37 delays..............................................12.3 waiver of rights.....................................6.11 Subcontractors —in general ........................6.8-6.11 Subcontracts —required provisions ........ 5.11, 6.11, 11.4.3 Submittals — Applications for Payment .........• .................. 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures ......................................... 6.25 Progress Schedules .............................. 2.6, 2.9 Samples ...........................`............ 6.24-6i.28 Schedule of Values ............................. 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .................... 2.6, 2.8-2.9 Shop Drawings..................................6.24-6.28 Substantial Completion- certification of ........................ 6.30.2.3, 14.8-14.9 definition of........................................1.38 Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACTOR's Expense ........................6.7.1.3 ENGINEER's Evaluation ..........................6.7.3 ''or -Equal'' ........................................ 6.7.1 Substitute Construction Methods of Procedures ..... 6.7.2 Article or Paragraph Number Substitute Items..................................6.7.1.2 Subsurface and Physical Conditions — Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's Review ............................. 4.2.4 general..............................................4.2 Limited Reliance by CONTRACTOR Authorized ..... ............................. .. 4.2.2 Notice of Differing Subsurface or Physical Conditions................................4L2.3 Physical Conditions.................................4.2.1.2 Possible Contract Documents Change ................. 4.2.5 Possible Price and Times Adjustments ............:... 4.2.6 Reports and Drawings................................4.2.1 Subsurface and ...................................... 4.2 Subsurface Conditions at the Site ................. 4.2.1.1 Technical Data.....................................4.2.2 Supervision— CONTRACTOR's responsibility ......................6.1 OWNER shall not supervise .......................... 8.9 ENGINEER shall not supervise ............... 9.2, 9.13.2 Superintendence.......................................6.2 Superintendent, CONTRACTOR's resident ........... 6.2 Supplemental costs ......... ................ 11.4.5 i:.< ,.., c"A l: Supplementary Condifions— definition of........................................1.39 principal reference to .... 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1, 5.3,5.4,5.6-5.9,5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents .................... 3.6 Supplier — definition of........................................1.4O principal references to .................. 3.7, 6.5, 6.8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights....................................6.11 Surety — consent to finalpayment ...................... 14.12, 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ........................... 10.1, 10.5, 15.2 qualification of ....................... ............ 5.1-5.3 Survival of Obligations................................6.34 Suspend Work, OWNER May .................. 13.10, 15.1 Suspension of Work and Termination— .................. 15. CONTRACTOR May Stop Work or Terminate........................................15.5 OWNER May Suspend Work :...................... 15.1 OWNER May Terminate ....................... 15.2-15.4 Taxes -Payment by CONTRACTOR .....................6.15 Technical Data — Limited Reliance by CONTRACTOR ............... 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................. 4.2.3 Temporary construction facilities ........................ 4.1 Termination — by CONTRACTOR..................................15.5 by OWNER ............................... 8.8, 15.1-15.4 of ENGINEER's employment ........................ 8.2 Suspension of Work-in general ........................ 15 Terms and Adjectives..................................3.4 Tests and Inspections— Article or Paragraph Number Access to the Work, by others ...................... 13.2 CONTRACTOR's responsibilities .................... 13.5 costof .............................................. 13.4 covering Work prior to ......................... 13.6-13.7 Laws and Regulations (or) .......................... 13.5 Notice of Defects ................................... 13.1 OWNER May Stop Work .......................... 13.10 OWNER's independent testing ...................... 13.4 special, required by ENGINEER .....................9.6 timely notice required ............................... 13.4 Uncovering the Work, at ENGINEER's request....................................13.8-13.9 Times — Adjusting............................................ 6.6 Change of Contract..................................6 12 Adjusting............................................ 6.6 Computation of.....................................17.2 Contract Times —definition of ....................... 1.12 day..........................................:.....17.72 Milestones...........................................12 Requirements — appeals ........................ ................ .. 16 clarifications, claims and disputes ............................. 9.11, 11.2, 12 commencement of contract times ................... 2.3 preconstruction conference ......................... 2.8 schedules.................................2.6, 2.9, 6.6 starting the Work..................................2.4 Title, Warranty of.....................................14.3 Uncovering Work................................138-13.9 Underground Facilities, Physical Conditions — definition of........................................1.41 Not Shown or Indicated ............................43.2 protection of...................................4.3, 6.20 Shown or Indicated................................4.3.1 Unit Price Work— claims............................................11.9.3 definition of ........................................ 1.42 general..................................11.9, 14.1, 14.5 Unit Prices— general...........................................11.3.1 Determination for...................................9.10 Use of Premises ........................ 6.16, 6.18, 6.30.2.4 Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2 Article or Paragraph Number Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10 Value of the Work.....................................11.3 Values, Schedule of ....................... 2.6, 2.8-2.9, 14.1 Variations in Work —Minor Authorized................................6.25, 6.27, 9.5 Visits of Site —by ENGINEER ......................... 9.2 Waiver of Claims -on Final Payment...........................................14.15 Waiver of Rights by insured parties ............... 5.11, 6.11 Warranty and Guarantee, General —by CONTRACTOR .................................... 6.30 Warranty of Title, CONTRACTOR's ................... 14.3 Work — Access to...........................................13.2 ............................................. by others ..............................................7 7 Changes in the.......................................10 Continuing the . ..................................... 6.29 CONTRACTOR May Stop Work or Terminate...................................15.5 Coordination of......................................7.4. Cost of the ..................................... 11.4-11.5 definition of........................................1.43 aneglected byJCONTRACTOR ;...................... 13.14 otherWork ............................................ 7 OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work ................. 13.10, 15.1 Related, Work at Site .............................7.1-7.3 Starting the..........................................2.4 Stopping by CONTRACTOR ........................ 15.5 Stopping by OWNER ..........................15.1-15.4 Variation and deviation authorized, o, minor............................................3.6 Work Change Directive — claims pursuant to..................................10.2 definition of ........................................ 1.44 principal references to .................... 3.5.3, 10.1-10.2 Written Amendment — definition of........................................1.45 principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations ........................... 3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 11.2, 12.1 by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 GENERAL CONDITIONS ARTICLE I -DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: . I.I.- Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. . ment, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER. to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting 1.13. CONTRACTOR —The person, firm or corporation progress or final payments and which is to be accompanied by with whom OWNER has entered into the Agreement. such supporting, documentation as isrequired by. the Contract Documents. :a , :... � t 1 l4. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or 1.4. Asbestos —Any material that contains more than one deficient, in that it does not conform to the Contract Docu- percent asbestos and is friable or is 'releasing asbestos fibers ments, or does not meet the requirements of any inspection, into the air above current action levels established by the reference standard, test or approval referred to in the United States Occupational Safetyand Health Administration. Contract Documents, or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi-. 1.5. Bid —The offer or proposal of the bidder submitted on bilityfor the protection thereof has been assumed by OWNER the prescribed form setting forth the prices for the Work to be at Substantial Completion in accordance with paragraph 14.8 performed. or 14.10). . 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an -exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree - 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A ,written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve, a change in the Contract Price or the Contract Times. H H: .1 13 1.20. General Requirements —Sections of Division I of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens —Liens, charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone —A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward—The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the, time specifiediLOWNER+will sign and deliver the Agreement. 1.26. NoticetoProceed—AwrittennoticegivenbyOWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform. CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor forttheaperformance of a of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with theContract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits,ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 14 I LA au:• I I 1, I 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or _after, the,.Effective . Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the, Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work. Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment—A:,writteh;amendment.of.the , Contract Documents, signed by OWNER and CONTRACTOR Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before, undertaking each part of the Work,. CON- TRACTOR shall carefully study and compare the Contract - Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unlesi "CO'ITRACTOkknew or reasonably should on or after the Effective Date of the Agreement and normally have known thereof. dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. (Addition; SC -1) ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions)'of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. (Addition; SC -2.2) Commencement of Contract Times; Notice to Proceed: 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of theAgreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a. preliminary •progress schedule indicating the times (numbers of days or dates) for starting and completing the -various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably. request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference I attended by CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance. will. neitherr^imposeon 4ENGh NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent. 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to.Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental. authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. -3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, :CONTRAGTOR shhfl report ittto ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to. supervise or direct the furnishing or 16 II II II Ii: I1 Ii. performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required;' "as allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable, "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. I Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR; and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished. with which CONTRACTOR will.have to comply in performing mE:.;.: the Work. Easements for, peri ianept-strnctures or permanent ,..D.y changes in existing facilities�wll,te'obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments.lfCONTRACTOR and OWNER are unable to agree on entitlement to or the amountorextent of any adjustments in the Contract Price or the ContractTimes as a result of any delay in OWNER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided in Articles II and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. Ii 17 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. .. . 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5: Possible Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be .allowed to the extent that the. existenceof such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the.following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject 'tb'the provisidns of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on In I:::: information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon-sibility for. (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction; and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection, therewith (except in an emergency as required by patagraph 6:23);`rdentify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time, CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as provided, in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown orindicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys. to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes. or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or.requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- active Material: . r 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work, at the site. OWNER. shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency 'as re- ,quired.:by.�,paragraph 6.23),:;and (ii). notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to • evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any, affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work 'is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles II and 12. 4.5.3 If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, theneither party may make a claim therefor as provided in Articles II and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in.accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations, OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's 19 I Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence, 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5 —BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. (Addition; SC -5.1.1) 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certifrtales of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the juris- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. (Addition; SC -5.3,1) 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. 9"W A9 y N9'ft VV(1 Ww /td CONTRACTOR's Liability Insurance: _�^� • ' (Addition SC -5.4) 5.4. CONTRACTOR shall. purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5,4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. I xI I I El I I 1 I I I Ei I It it 11 II It The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective - officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater;. 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled,.materially._changed or renewal refused until-at'7east'thirty days pnor written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.32 will so pro- vide); - 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final. payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation. of such insurance at final payment and one year thereafter). OWNER'sLiability Insurance: (Replacement; Property Insurance: . (Replacements; SC -5.6 5.7 & 5.8 /6.6/,(lfl�/b rkislplydrfd iir t a4d4W/ / or(- ti s!A1�M Wslfa/G.46t(b'e4WMM,(MMIifrluf ce upon the Work at the site in the amount of the f I relacement cost thereof (subject to such deductible amou is as �iay be provided in the Supplementary Condition or req ed by Laws and Regulations). This insurance shall 5..1. include the interests of OWNER, CON RAC - TOR, Subcontractors, ENGINEER, ENGINEE s Con-. sultanti and any other persons or entities identifi d in the Supple entaryConditions, each of whom is deem to have -an .insu ble-interest and shall -be=listed assn - nsured.or 5.6.2. b written on a Builder's Risk "alt 1sk" or open peril or speclel causes of loss policy.form t t shall at least-, include insu ce for physical loss or dam*e to the Work, temporary buil ings, falsework and Work i transit and shall insure against I leastthe following pe Is fire, lightning, extended covers , theft, vandalism and alicious mischief, earthquake, colla e, debris removal, d olition occasioned by enforcement o Laws and Regula ons, water damage, - and such other peril as may be specjfically required by the Supplementary Con ions; 5:6.3.- include ekp�dvesincurrUin the repair or replace- ment of any insured prderty (i luding but not limited to fees and charges of engin ers architects); 5.6.4. cover materials quipment stored at the site or. at another location that was ed to in writing by OWNER prior to being incorporated ' e Work, provided that such materials and equipment h ve. n included in an Applica- tion for Payment recomm nded y ENGINEER; and 5.6.5. be maintain in effect u til final payment is made unless otherwise agre to in writ g by OWNER, CON- TRACTOR and ENG EER with th y days written notice to each other addi ' nal insured to hom a certificate of insurance has been ssued. 5.7. OWNER s ll purchase and main 'n such boiler. and machinery insuran or additional property \nsurance as may be required by We Supplementary Cbnditio s or Laws and Regulations wh' h will include the interes of OWNER, CONTRACTO ,Subcontractors,ENGINEER, NGINEER's Consultants 41 any other persons or entities id ntified in the Supplemen Conditions, each of whom is deeiied to have an insurabl interest and shall be listed as annsured or additional ivisured. 5.8. il the policies of insurance (and the ccrtifi ates or other a dence thereof) required to be purchased anA' Iy OWNER in accordance with paragraphs 5.6 a d 5.7 will c ntain a provision or endorsement that the cov\bn afforled will not be cancelled or materially changed or re ref i ed until at least thirty days' prior written notice hasgiv n to OWNER and CONTRACTOR and to each a itional insured to whom a certificate of insurance has it ued and will contain waiver provisions in accordance with oh 5.11. I 1 21 I 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. (Replacement; SC -5.10 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that 'all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for:. 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance S maintained on the completed Project or part thereof by'. OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. (Replacements; Receipt and Application of Insurance Proceeds SC -5. 12 5.13 & x.14) 2. Any insured loss under the policies of insura requi by paragraphs 5.6 and 5.7 will be adjusted th OWNE and made payable to OWNER as fiduciary or the insureds, their interests may appear, subject tot require- ments of any plicable mortgage clause and of p h 5.13. OWNER shall eposit in a separate account y money so received, and sh distribute it.in.accordan ith such agree- menNas the parties interest may reach f no other special agreement is reached a damaged Wo shall be repaired or replaced, the moneys so eceived a led on account thereof and the Work and the cost ereo overed by an appropriate Change Order or Written Am - ent. 5.13. OWNER as fiduci� s 11 have power to adjust and settle any loss with the i urers u�4ss one of the parties in interest shall object i riling withi1..fifteen days after .the occurrence of loss to, WNER's exercis�qf this power. If such objection be made WNER as fiduciary sR4l make settlement with the insurefi in accordance with such lgeement as the parties in int st may reach. If no such agreenI�it among the parties in i erest is reached, OWNER as fiduciarthall adjust and set the loss with the insurers and, if required''required'i� writing by an party in interest, OWNER as fiduciary shall gi bond for a proper performance of such duties. Acceptance of Bonds and Insurance; Option to Replace: 4. If either party (OWNER or CONTRACTOR) has object to the coverage afforded by or other provision the Bonds or surance required to be purchased and ntained by the other y in accordance with Article 5 o he basis of non-conforman with the Contract Docume , the objecting party shall so noti he other party in w ' ' g within ten days after receipt of the ce ficates (or of evidence requested) required by paragraph 2.. WNE d CONTRACTOR shall each provide to the other suc itional information in respect of insurance provided as th t may reasonably request. If either party does not pur ase or m ' tain all of the Bonds and insurance required o ch party by th Contract Documents, such party shall n y the other party in ' ing of such failure to purchase p r to the start of the Work, or such failure to maintain p ' r to any change in the required cove e. Without prejudi to any other right or remedy, the other y may elec o obtain equivalent Bonds or insurance to prate such er party's interests at the expense of the party who as 1 I l I I I I 1 II 1I I D1 I II II Ii: I Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in -accordance with,paragraph.14.10; provided that no such use or. occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by. endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. GIu�Y[KIfx;K� .]`Y1:>•:C�iS;i�9 Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, con- struction equipment and machinery, tools, appliances, fuel, -power; light, heat,-telephone,:water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and comple- tion of the Work. —. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions ofthe'applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the. progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: I 23 I 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If !CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee Sr royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item -will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Ia. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such I 1 nI I I ;1 1 I I C I I I 24 I I I I I I I Iii I substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or.>indirect'contract with CONTRACTOR just as'CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and, coordinating. The.Workof .Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a director indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRACTOR will obtain the same. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or. copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting' from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions;,CON'IRACTOR;shal)obtaitr and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement: CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. ..:; (Addition; SC -6 .13) Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out. of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. • (Addition; SC4-6.14.3) Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of. the place of 25 the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger. the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; ., 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or. loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and W11 I I U I I U I I U .S C responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER-determinesAhat'a`change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. (Addition; SC -6.24.1) 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto, . 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. , CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance. with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract L 27 Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers; or 6.30.2. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.3. recommendation payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the thereof by OWNER; any acceptance by OWNER or any failure to 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; any inspection, test or approval by others; or any correction of defective Work by OWNER. 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be' limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with I I I I 1 I I I I J the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. -the specific matters to be covered by such -author- ity and responsibility will be itemized; and Related Work at Site: 7.4.3. the extent of such authority and responsibilities will be provided. 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other Unless otherwise provided in the Supplementary Condi- direct contracts therefor which shall contain General Condi- tions, OWNER shall have sole authority and responsibility in tions similar to these, or have other work performed by respect of such coordination. utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (Addition SC -7 .5) (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- ARTICLE 8 -OWNER'S RESPONSIBILITIES TOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance 8 I Except as oth, rovided in these General Condi- will involve additional expense. 3oACONTR:ACTORaor,::re-;.z,;. a :;... R. erwiseP;; quires additional time and the parties are unable to agree as tions, OWNER'shall issue"all"communications to CONTRAC- to the amount or extent thereof. TOR through ENGINEER. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each -utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities. of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other' work. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. _ 0 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. -1. 1 /V'5!/ou(7tbl�X /WowlylftiW /d9W 141144 fiWn� � X rlyf de�v4kd d tad lr//e f6yfViA p� V3Yt$Y1V/9 (Replacement SC -8.5) 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. 29 I 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial anange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist. ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. (Addition; SC -9.3) ARTICLE 9 -ENGINEER'S STATUSSDURING ' tt. sCladfrcadonsandintnpretdlions: CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the. Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents.. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article II or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article Ii or 12. Rejecting Defective Work: H 'I H 11 9.6. ENGINEER will have authority to disapprove or w '' reject Work which ENGINEER believes to be defective, or 30 11 I I FT I I I that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, II, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: • 9.10. ENGINEER-will`determioe`thb&actualkquaotitiesand classifications of Unit Price -Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of- intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within .thirty.days after receipt of the claimant'.s last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Reso- lution Agreement," entered into between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to t ;;.p:ENGINEER.within,thirty days.after•the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to ,OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of.a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. I,inritadons on ENGINEER's Authority and ResponsibiUdes: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, -impose or giverise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- ployee or agent of any of them. I if 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance, with, the Contract Doc; uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. 10 -CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified .and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5.. If noticeof anyichange affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR,s expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will II I I be valid if not submitted in accordance with this paragraph 11.2. II .3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application • of such unit prices to the quantities of the items involved .(subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); • 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which • may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the 11.4.4. Costs of special consultants (including but not basis of the Cost of the Work (determined as provided in limited to engineers, architects, testing laboratories, survey - paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for ors, attorneys and accountants) employed for services spe- overhead andt1 cificallyt4reIafed tdthe Work. � + 11.6). cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may be obtained. ..r' At 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Wdrk performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. Cost of the Work: 11.4.• The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than .those prevailing in the locality of the Project, shall include only.the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of jab classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the -Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the 33 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. v 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR -is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. I 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee, If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone-service.at4the;site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 —all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then afee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen ;percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. 1 •!' I SCI I I I I I 1 C IT II It Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: • 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and >equipmenhrequired by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have• been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article II if: (Replacement; it / try Y7c M bc_ hhfr 11.9.3.2there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 —CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the ;,..,claimanbhas.reason ao believe it.is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined 6y ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 35 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages- arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of4OWNER; independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. (Addition; SC -13.5) 13.6. If any Work (or the work of others) that is to be I inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER, be uncovered for observation. [S 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEEtR's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work 4. +il 1 I C CT 36 shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or.not fabricated, installed.ortcompleted,.or, if the:Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective 13.12. Correction Period- Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON - 13.12.1. If within one year after the date of Substantial TRACTOR fails to perform the Work in accordance with the Completion or such longer period of time as may be pre- Contract Documents, or if CONTRACTOR fails to comply scribed by Laws or Regulations or by the terms of any with any other provision of the Contract Documents, OWNER applicable special guarantee required by the Contract Doc- may, after seven days' written notice to CONTRACTOR, uments or by any specific ;provision,-gf••the.Contract. Docu-r;:; correct and_ remedy any, such. deficiency... In exercising the ments, any Work is found to be defective, CONTRACTOR rights' and imedies under this paragraph OWNER shall pro - shall promptly, without cost to OWNER and in accordance ceed expeditiously. In connection with such corrective and with OWNER's written instructions: (i) correct such defec- remedial action, OWNER may exclude CONTRACTOR from tive Work, or, if it has been rejected by OWNER, remove it all or part of the site, take possession of all or part of the Work, from the site and replace it with Work that is not defective, and suspend CONTRACTOR'S services related thereto, take and (ii) satisfactorily correct or remove and replace any possession of CONTRACTOR's tools, appliances, construc- damage to other Work or the work of others resulting tion equipment and machinery at the site and incorporate in the therefrom. If CONTRACTOR does not promptly comply Work ail materials and equipment stored at the site or for which with the terms of such instructions, or in an emergency OWNER has paid CONTRACTOR but which are stored where delay would cause serious risk of loss or damage, elsewhere. CONTRACTOR shall allow OWNER, OWNER's OWNER may have the defective Work corrected or the representatives, agents and employees. OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac - rejected Work removed and replaced, -and all claims, costs, cesslosses and damages caused by or resulting from such re- remedies to the site to enable OWNER to exercise the rights and moval and replacement (including but not limited to all costs under this paragraph. All claims, costs, losses and of repair or replacement of work of others) will be paid by damages incurred or sustained by OWNER in exercising such CONTRACTOR. rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary 13.12.2. In special circumstances where a particularitem revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the of equipment is placed in continuous service before Substan- Contract Price, and, if the parties are unable to agree as to the tial Completion of all the Work, the correction period for that amount. thereof, OWNER may make a claim therefor as item may start to run from an earlier date if so provided inprovided in Article 11. Such claims, costs, losses and damages the Specifications or by Written Amendment. will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, 13.12.3. Where defective Work (and damage to other removal or replacement of CONTRACTOR's defective Work. Work resulting therefrom) has been corrected, removed or CONTRACTOR shall not be allowed an extension of the replaced under this paragraph 13.12, the correction period Contract Times (or Milestones) because of any delay in the hereunder with respect to such Work will be extended for an performanceofthe Workattributable to theexercise by OW NER additional period of one year after such correction or re- of OWNER's rights and remedies hereunder. moval and replacement has been satisfactorily completed. pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the. amount thereof, OWNER.may.make a:claim therefor as provided in Article 11. If the acceptance occurs after.such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: ARTICLE 14 —PAYMENTS TO CONTRACTOR AND Acceptance of Defective Work: COMPLETION 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and 37 I will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OW NER's interest therein, all of which will be satisfactory to OWNER.. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. C0NTRAC7OR's Warranty of Tide: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: 38 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. • 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORs performance or furnishing of the Work, I [1 I I I 14.7.6. Liens have been filed in connection with the ENGINEER in writing prior to ENGINEER's issuing the Work, except where CONTRACTOR has delivered a definitive certificate of Substantial Completion, ENGINEER's specific Bond satisfactory to OWNER to secure the aforesaid recommendation will be binding on OWNER and satisfaction and discharge of such Liens, CONTRACTOR until final payment. 14.7.7. there are other items entitling OWNER to a 14.9. OWNER shall have the right to exclude CONTRAC- setoff against the amount recommended, or TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to 14.7.8. OWNER has actual knowledge of the occur- complete or correct items on the tentative list. rence of any of the events enumerated in paragraphs I4.74through 14.7:3 or paragraphs 15.2.1 through 15.2.4 inclusive; Partial Utilization: M but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. • Substantial Completion: 14.8. When CONTRACTOR considers the entire Work readyforitsintendedusdCONTRACTOft itlifyOWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall ri make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items • to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after _ considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, EN- GINEER considers the Work substantially complete, ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the ', tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment.between OWNER•and:CONTRACTOR with respect to security, operation, safety, maintenance, heat, utili- ' ties, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform 39 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part"'of tfiaWork `which-'OWNER`believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. .r CONTRACTOR at any: time may notify OWNER and, ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable.time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all I particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required -by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER;:CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work• 15.1. At any time and without cause. OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 1 ,1 I I W ti 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.2. -'ifCONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to the extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liabilityao.CONTRACTOR for. trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed•such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness -and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or..ENGIN_EER.;fails to..act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to. OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles II and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16 —DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise 41 such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 —MISCELLANEOUS Giving Notice: 17.1. Whenever, any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Times: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law.of the applicable jurisdiction, such day will be omitted from the computation. act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty,=obligation; right and°remedy to which they apply. 17.2.2. A calendar day of twenty-four hours measured professional Fees and Court Costs Included: from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or 17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. [The remainder of this page was left blank intentionally.] M TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS .4. - SC -1 SC -2 SC -5 SC -6 SC -7 SC -8 SC -9 SC -11 SC -13 Definitions and Abbreviations............................................................... SC -1 Preliminary Matters ....... Bonds and Insurance........................................................................... SC -3 Contractors Responsibilities................................................................ SC -5 OtherWork........................................................................................... SC -6 Owners Responsibilities...................................................................... SC -7 Engineer's Status During Construction......................0........................ SC -7 Change of Contract Price................................................................... SC -10 Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................................... SC -10 SC-i Supplementary Conditions SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 Edition) and other provisions of the Contract Documents as indicated, below. All provisions which are not so amended or supplemented remain in full force and effect. SC -1 DEFINITIONS AND ABBREVIATIONS In addition to the provisions of Article 1, the following respective supplemental definitions apply: The word "OWNER" shall mean the City of Fayetteville, Arkansas, acting through its duly authorized representatives, The words "Mayor" and "City Council" shall mean the Mayor and City Council, respectively, for the City of Fayetteville, Arkansas. The words "Purchasing Officer" shall mean the Purchasing Officer for the City of Fayetteville, Arkansas. The words "City Attorney" shall mean the City Attorney for the City of Fayetteville, Arkansas. P The word "ENGINEER" shall mean the engineering firm of McGoodwin, Williams and Yates, Inc., Consulting Engineers, or their duly authorized agent, who has been employed by the City of Fayetteville for this Work. The words "Resident Project Representative" shall mean the authorized representative of the ENGINEER who is assigned to the site or any part thereof. The word "surety" or "sureties" shall mean the bondsmen or party or parties who have made sure the fulfillments of the Contract by Bonds, and whose signatures are attached to said Bonds. The word "Advertisement" shall mean all the legal publications pertaining to the Work of this Contract. The word "Plans" shall mean, collectively, all of the Drawings pertaining to the Contract and made a part thereof, and also such Supplementary Drawings as the ENGINEER may issue from time to time in order to clarify the Drawings, or for the purpose of showing •• changes in the Work as authorized under the section "Modifications and Alterations," or for showing details which are not shown thereon. The term "grade" used in these Specifications is understood to refer to and indicate the established elevations of the paving, flow line of sewers or other appurtenances as shown on the Plans on file in the office of the official designated in the "Advertisement for Bids." Whenever the following abbreviations are used, they shall have the meanings given below: SC -1 Supplementary Conditions AASHTO - American Society of State Highway Officials , ACI - American Concrete Institute AGA - American Gas Association AISC - American Institute of Steel Construction ANSI - American National Standards Institute APA - American Plywood Association ASA - American Standards Association ASTM - American Society for Testing Materials AWG - American Wire Gauge AWPA - American Wood Products Association AWS - American Welding Society AWWA - American Water Works Association GSA - General Services Administration, U. S. Government NBHA - National Builders Hardware Association NEC - National Electrical Code NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPT - National Pipe Thread SBC - Standard Building Code SPA - Southern Products Association UL - Underwriters' Laboratories A - ampere abc - aggregate base course cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe C.Y. - cubic yard DIP - ductile iron pipe Ea. - each , gpm - gallons per minute Hp - horsepower L.F. - linear foot L.S. - lump sum 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 S.F. - square foot S. Y. - square yard T.D. - time delay TDH - total dynamic head V - volt V.F. - vertical foot SC -2 PRELIMINARY MATTERS 1 Add the following language at the end of paragraph 2.2 of the General Conditions: SC -2 I I Supplementary Conditions I t L I I I SC -2.2. Copies of Contract: Not less than six copies of the bound volumes of the proposal, Contract and stipulations shall be prepared, each containing an exact copy of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed and Contracts signed by both parties thereto. However, the CONTRACTOR and the surety executing the Bond shall not date the Contract or the Bond upon submission for execution by the OWNER. These documents will be dated the date the OWNER executes the Contract. SC -5 BONDS AND INSURANCE Add a new paragraph immediately after paragraph 5.1 of the General Conditions which is to read as follows: SC -5.1.1 Resident Agent. The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident agent or non-resident 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. SC -5.3.1 Licensed Sureties and Insurers: Certificates of Insurance. Add the following sentences at the end of the existing paragraph 5.3.1 of the General Conditions: "The surety on the bond shall be from a corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an 'A' rated bonding company." SC -5.3.2 Licensed Sureties and Insurers; Certificates of Insurance. In paragraph 5.3.2 of the General Conditions, delete the last sentence (which is crossed out). I 1 I I I 1 SC -5.4. CONTRACTOR'S Liability Insurance Add the following paragraphs immediately after the respective paragraphs contained in SC -5.4 of the General Conditions: SC -5.4 The limits of liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: SC -5.4:1 and SC -5.4.2 Workers' Compensation etc. under paragraphs 5.4.1 and 5.4.2 of the General Conditions: 1) State: Statutory 2) Applicable Federal (e.g. Longshoreman's): Statutory 3) Employer's Liability: $ 100,000 Each Occurrence CONTRACTOR agrees to waive all rights of subrogation against McGoodwin, Williams and Yates, Inc., Consulting Engineers, and the OWNER for Work performed under Contract. SC -5.4.3, SC -5.4.4 and SC -5.4.5 Comprehensive General Liability (under paragraphs 5.4.3 through 5.4.5 of the General Conditions): I SC -3 Supplementary Conditions $2,000,000 Combined Single Limit Policies will include premises/operations, products, completed operations, independent contractors, Explosion, Collapse, Underground Hazard, Broad Form Contractual, Personal Injury with employment exclusion deleted, and Broad Form Property Damage. SC -5.4.6 Comprehensive Automobile Liability Bodily Injury: $1,500,000 $3,000,000 Each Person Each Occurrence Property Damage: $ 600,000 Each Occurrence or a combined single limit of $2,000,000. SC -5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General Conditions in its entirety and insert the following in its place: 5.5 OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and save harmless the OWNER and ENGINEER from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the CONTRACTOR, his agent or employees in the execution of the Work or in the guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $2,000,000 for property damage and bodily injury limits, and with such provisions as will protect the OWNER and ENGINEER from contingent liability under this Contract. SC -5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 5.6 Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the Total Bid Price. This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom shall be listed as insureds or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all- risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all-risk" insurance or otherwise provided in these Supplementary Conditions, SC -4 Supplementary Conditions CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to. be purchased and maintained by CONTRACTOR in accordance with this paragraph 5:6 shall .contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to OWNER by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. SC -5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: 5.7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against alllosses, the CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. SC -5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: 5.8 Policies shall also specify insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. ' All policies will provide for 30 days written notice prior to any cancellation or nonrenewal of insurance policies required under Contract. 'Will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives" wording will be deleted from certificates. SC -5.10 Delete paragraph 5.10 of the General Conditions in its entirety. SC -5.12 Receipt and Application of Insurance Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. SC -5.13 Delete paragraph 5.13 of the General Conditions in its entirety. SC -5.14 Acceptance of Bonds and Insurance. Delete paragraph 5.14 of the General Conditions in its entirety. SC -6 CONTRACTOR'S RESPONSIBILITIES SC -6.13 Permits. Add the following language at the end of the existing paragraph 6.13 of the General Conditions: "The CONTRACTOR shall obtain a Permit for Discharge of Stormwater from Construction Activities as required by the Arkansas Department of Environmental Quality. The responsibility for obtaining the permit (including any permit fees) and complying with all applicable regulations shall. be borne by the CONTRACTOR." SC -5 Supplementary Conditions SC -6.14 Laws and Regulations. Add a new paragraph immediately after I paragraph 6.14.2 of the General Conditions which shall read as follows: SC -6.14.3 The CONTRACTOR shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris, or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. SC -6.24 Shop Drawings and Samples. Add the following language at the end of the first sentence of paragraph 6.24.1 of the General Conditions: "The Shop Drawing Review by the ENGINEER is for general compliance with the Contract Documents. No responsibility is assumed by the ENGINEER for correctness of dimensions or details." SC -7 OTHER WORK SC -7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: SC -7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER or ENGINEER, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER or ENGINEER on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12. An Extension of the Contract Time shall be -CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective responsibilities. SC -6 1 1 Supplementary Conditions II II I1 SC -8 OWNER'S RESPONSIBILITIES SC -8.5 Delete paragraph 8.5 of the General Conditions in its entirety. SC -9 ENGINEER'S STATUS DURING CONSTRUCTION SC -9.3 Add the following language at the end of paragraph 9.3 of the General Conditions: General The Resident Project Representative (RPR), who is the ENGINEER'S agent, will act as directed by and under the supervision of the ENGINEER and will confer with the ENGINEER regarding its actions. The Resident Project Representative's dealings in matters pertaining to the on -site Work shall, in general, be only with the ENGINEER and the CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of the CONTRACTOR. Written communication with the OWNER will be only through or as directed by the ENGINEER. Duties and Responsibilities of RPR 1) Schedules. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2) Conferences and Meetings. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3) Liaison. a) Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations. affect OWNER'S on -site operations. b) Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4) Shop Drawings and Samples. a) Record date of receipt of Shop Drawings and samples. b) Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c) Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5) Review of Work, Resection of Defective Work, Inspections and Tests.. II SC -7 Supplementary Conditions I a) Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b) Report to ENGINEER whenever RPR believes than any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c) Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6) Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. M 7) Modifications. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8) Records. , a) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b) Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c) Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9) Reports. a) Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR'S compliance with the progress schedule and I schedule of Shop Drawings and sample submittals. b) Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c) Draft proposed Change Orders and Work Directive Changes, obtaining SC -8 ' Supplementary Conditions backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. d) Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10) Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11) Certificates, Maintenance and Operation Manuals. During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12) Completion. a) Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or • correction. b) Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c) Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. Limitations of Authority (except upon written instruction of the ENGINEER). Resident Project Representative: shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. shall not exceed limitations of ENGINEER'S authority as set forth in the Agreement or the Contract Documents. shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'S superintendent. shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. I. shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. SC -9 Supplementary Conditions 1 shall not authorize OWNER to occupy the Project in whole or in part. shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. SC -11 CHANGE OF CONTRACT PRICE SC -11.9 Unit Price Work. Delete paragraph 11.9.3.1 of the General Conditions and add the following in its place: 11.9.3.1 the total cost of a particular item of Unit Price Work amounts to 15 percent or more of the Total Contract Price and if the units of work of the particular item of Unit Price Work performed by CONTRACTOR amounts to 125 percent or more of the estimated quantity of work set out in the Contract, the quantity of the unit price item in excess of 125 percent shall be subject to reevaluation and adjustment provided that documentation is presented that substantiates the claim; and SC -13.5 Tests and Inspections. Add the following at the end of paragraph 13.5 of the General Conditions: I All inspections, tests or approvals other than those required by Laws or I Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and ENGINEER. END OF SUPPLEMENTARY CONDITIONS II II II SC -10 I I Section 01000 Project Requirements TECHNICAL SPECIFICATIONS 24 -INCH WATER MAIN REPLACEMENT WEST CUSTER STREET AND MORNINGSIDE DRIVE AREAS CITY OF FAYETTEVILLE, ARKANSAS City of Fayetteville Project No. 05040 Plans No. Fy-332 • Dated June 2006 PROJECT REQUIREMENTS A. SCOPE OF WORK The work to be done under this contract is as shown on the Plans and as provided for in these Specifications, and shall include the furnishing of all materials, equipment, tools and supplies and performing all labor in the construction of work generally as follows: Replacement •of approximately 5,200 linear feet of 24 -inch water line including valves and all other appurtenances necessary for a complete installation. Schedule A: Bids for approximately 1,500 linear feet of replacement near Custer Street will include three options: 1) Removal and replacement of existing water line using 24 -inch ductile iron pipe; 2) Construction of a parallel water line using 24 -inch ductile iron pipe; and. 3) Sliplining approximately 1,100 linear feet of existing 24 -inch ductile iron pipe with 18 -inch HDPE pipe and construction of approximately 400 linear feet of 24 -inch ductile iron pipe. Schedule B: The installation of 2,720 linear feet of 24 -inch ductile iron pipe together with Highway 156 crossing and Town Branch Creek crossing. B. SEQUENCE OF THE WORK ' After the contract, bonds, and certificates of insurance have been furnished to the Owner, and the contract has been executed, the Engineer will issue a Notice to Proceed designating the date the Contract Times will commence. The Contractor shall complete the contract within the Contract Times set out in the Agreement. C. LANDS AND RIGHTS -OF -WAY The work to be performed under this contract shall be on permanent and temporary construction easements obtained by the City of Fayetteville, and on public rights -of -way. All access to the rights -of -way across private property, other than along the route shown on the Plans, shall be exercised by the Contractor only after having obtained written permission from each landowner for that particular access. All construction activities shall be limited to those areas defined within the permanent easements and temporary construction easements. Any activities outside these areas II . 01000-1 Section 01000 Project Requirements across private property will require written permission from the landowner(s). D. CONSTRUCTION STAKING The Contractor shall furnish, without charge, competent men from his force and such tools, stakes and other materials as the Engineer may require for setting horizontal and vertical control monuments and in making measurements and surveys and in establishing temporary or permanent reference marks in connection with said work. The Engineer shall provide at least two horizontal and vertical control monuments on -site. It shall be the Contractor's responsibility to protect these monuments during the course of the contract. Any replacement costs incurred to reset these monuments shall be at the Contractor's expense. All other stake -out on site shall be by the Contractor. E. STORAGE OF MATERIALS Materials shall be stored so as to ensure the preservation of their quality and fitness for the work. When directed by the Engineer, they shall be placed on a wooden platform or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be located so as to facilitate prompt inspection. F. SAFETY Act 291 of the 1993 Arkansas General Assembly requires that whenever any agency of the state, county, municipality, or school district, or other local taxing unit or improvement district enters into a contract for public works improvements which involves any trench or excavation which equals or exceeds five (5) feet in depth, the agency shall include in their specifications for the project the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P. This document is hereby incorporated into these Specifications by reference. G. SUNDAY, HOLIDAY AND NIGHT WORK Unless otherwise specified, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays, except work as is necessary for the proper care and protection of work already performed, or in case of any emergency, or in case of work which must be performed during periods of minimum water usage by water customers. H. SECURITY The Contractor shall be responsible for protection of the site, and all work, materials, equipment and existing facilities thereon against vandals and other unauthorized persons. No claim shall be made against the Owner by reason of any act of an employee or trespasser, and the Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. 01000-2 I Section 01000 Project Requirements ACCESS ROADS The Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the project. The Contractor must show written agreement with the landowner for use of any land other than the land specified by the permanent and temporary construction easements. Scheduling, materials and construction procedures are specified in other sections of the documents. Such roads shall be available for the use of all others performing work or furnishing services in connection with the project. J. PARKING The Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the project, as required, to avoid any need for parking personal vehicles where they may interfere with Owner's operations or construction activities, or normal traffic movement on public roads, or parking by City employees. K. DUST CONTROL The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. Dusty materials in piles or in transit shall be covered when practicable to prevent blowing. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected. Existing or new machinery, motors, instniment panels or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. L. TEMPORARY DRAINAGE PROVISIONS The Contractor shall provide for the drainage of stormwater and such water as may be applied or discharged on the site in performance of the work. Drainage facilities shall be adequate to prevent damage to the work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels) to protect Owner's facilities and the work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. M. EROSION CONTROL The Contractor shall prevent erosion of soil on the site and adjacent property resulting from his construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operation that will disturb the natural protection. Work shall be scheduled to expose areas subject. to erosion for the shortest possible 01000-3 Section 01000 Project Requirements time, and natural vegetation preserved to the greatest extent practicable. Temporary storage and construction buildings shall be located, and construction traffic routed, to minimize erosion. Temporary fast-growing vegetation and other suitable ground cover shall be provided as necessary to control runoff. N. POLLUTION CONTROL The Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. O. TREE AND PLANT PROTECTION All trees and other vegetation which must be removed to perform the work shall be removed and disposed of by Contractor. However, care shall be taken in yard areas not to remove trees or cultured plants unless specifically called for on the Plans. Trees and plants not removed shall be protected from direct injury from Contractor operations. Trimming and repair of tree and plant damage shall be performed by qualified nursery ' workers or horticulturists. P. MONTHLY ESTIMATES AND PAYMENTS I Monthly payments under this contract shall be made for work completed through the payment date. The payment date shall be defined as the third Friday of each month, except in months containing five Fridays. In that event, the payment date shall be the fourth Friday of the month. A pay period shall be defined as time between consecutive payment dates. Exceptions may be made for special circumstances upon mutual agreement between the Owner and the Contractor. On or before the payment date of each month the Engineer will make an approximate estimate of the value of the work done and materials furnished in place on the work during the previous calendar month. The Engineer will include the cost value (including freight) of materials properly stored on the job site or within a thirty -mile radius of the job site. Stored materials shall include materials readily accounted for, but not such items as cement, aggregate, lumber, nails and miscellaneous items. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor the amount of such estimated value of materials furnished and work done during said previous calendar month, less retainage as provided by state law. If the Owner shall at any time fail to make the Contractor a monthly estimate at the time herein specified, such failure shall not be held to vitiate or void the contract. 01000-4 I Section 01000 Project Requirements Q. PAYMENT Payment shall be made in accordance with the bid items as set out in the Methods of Measurement and Payment. R. CONNECTIONS TO EXISTING FACILITIES Connections to existing facilities are required for the water line work. All connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time of O undertaking the connections. Work shall proceed continuously (around the clock) if necessary to complete connections in the minimum time. Operation of valves or other appurtenances on existing utilities, when required, shall be by or under the direct • supervision of the owning utility. S. PROTECTING AND REPLACING UTILITY SERVICES • In some instances, the pipe will be installed under, alongside, and/or over existing public and/or private utility services. The Contractor shall be responsible for locating and t protecting such services. In the event of Contractor damage to such utility lines, the Contractor shall be responsible for the repair and/or replacement of the damaged utility service. The Contractor may repair the utility with his own labor, equipment and materials provided the Contractor has received prior written permission from the affected utility to do so. Otherwise, the Contractor shall coordinate with the various utility .companies to make repairs to all services, and such costs will be charged to the Contractor. The Contractor shall make arrangements for utility service repair with the various utilities prior to start of construction. Where portions of the lines are to be laid adjacent to or under power lines, it shall be the responsibility of the Contractor to make arrangements with the power company for tying- • off poles where necessary. It shall also be the responsibility of the Contractor to take whatever steps and precautions necessary to provide for the safety of the workmen and equipment when working in the vicinity of power lines. T. ABBREVIATIONS AND SYMBOLS I. Abbreviations and symbols used in these Specifications are described in the Supplementary Conditions, Article SC -1. U. CLEANUP During construction, the Contractor shall keep the construction area in a clean, neat and workmanlike condition at all times. Pipe, equipment, and all other material shall be stored and protected in an area away from the construction operations. As soon as practicable, the area around all structures 01000-5 Section 01000 Project Requirements shall be backfilled, and the entire area shall be maintained in a smooth condition at all times insofar as is practical. After construction work has been completed, the Contractor shall clean the entire area. Tops of structures, sidewalks, building walls (both exterior and interior), floors, equipment, and all painted and glass surfaces shall be cleaned of clay stain, mortar, or other materials, washing down with soap or other cleaning materials as required. Such touch-up work as required shall then be done to leave the area in a clean and neat condition. END OF SECTION II 11 11 01000-6 Section 01025 Measurement & Payment TECHNICAL SPECIFICATIONS METHODS OF MEASUREMENT AND PAYMENT A. GENERAL Methods of measurement and payment as set out in the Specifications covering the various items of construction are hereby clarified and superseded as set out herein. Wherever they are not clarified or superseded herein, methods of payment as provided in the applicable section of the Specifications shall govern. Payment for all work under this contract shall be made at the lump sum prices bid under the various items of the Bid as hereinafter set out. SCHEDULE A Bid Item 1.1 — Removal and Replacement of Existing Waterline Payment for the Removal and Replacement of Existing Waterline shall be made in accordance with the lump sum price bid. The price shall be full compensation for all materials, labor, and equipment necessary for every item of work as set out in the Plans and Specifications, including surface removal, trenching, excavation, bedding, backfilling, cleanup, pipe materials, polyethylene encasement, joint restraint where required, testing, sterilization, fittings, valves, fire hydrant assemblies; crushed stone bedding material required for undercut, thrust collars, connections to existing facilities, and all other items required for a complete installation. Bid Items 1.2, 2.2, and 3.2 — Trench or Excavation Safety System Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for trench or excavation safety system requirements in accordance with Act 291 of the 1993 Arkansas General Assembly. Payment under this item will not be made until project is completed, accepted, and the Contractor certifies that he has met all requirements as set out in said Act 291. Bid Item 2.1 — Construction of Parallel Waterline Payment for the Construction of Parallel Waterline shall be made in accordance with the lump sum price bid. The price shall be full compensation for all materials, labor, and equipment necessary for every item of work as set out in the Plans and Specifications, including surface removal, trenching, excavation, bedding, backfilling, cleanup, pipe materials, polyethylene encasement, joint restraint where required, testing, sterilization, fittings, valves, fire hydrant assemblies, crushed stone bedding material required for undercut, thrust collars, connections to existing facilities, curb and gutter replacements, asphalt surface course repair, and all other items required fora complete installation. 01025-1 Section 01025 1 Measurement & Payment 1 Bid Item 3.1 — Sliplining and Partial Reconstruction Payment for the Sliplining and Partial Reconstruction shall be made in accordance 1 with the lump sum price bid. The price shall be full compensation for all materials, labor, and equipment necessary for every item of work as set out in the Plans and 1 Specifications, including surface removal, trenching, excavation, bedding, backfilling, cleanup, pipe materials, polyethylene encasement, joint restraint where required, testing, sterilization, fittings, valves, fire hydrant assemblies, crushed 1 stone bedding material required for undercut, thrust collars, connections to existing facilities, sliplining, and all other items required for a complete installation. SCHEDULE B Bid Item I — Ductile Iron Pipe Water Line Payment for ductile iron water pipe shall be paid for at the unit price as given in the 1 Bid. The price shall include surface removal, trenching, backfill, cleanup, polyethylene encasement, joint restraint where required, embedment materials, crushed stone on surface at driveways, testing, sterilizing, and all other work, 1 materials, and equipment required for the complete installation of the line not specifically set out to be paid under other items of the Bid. Bid Item 2 — Compact Ductile Iron Fittings Payment for ductile iron fittings will be made at the unit price bid per pound under this item, as provided. The unit price bid shall include the furnishing and installation of the fittings, and all other related work not specifically compensated for under other items of the Bid, including retainer glands at locations specified on 1 the Plans. The weight of the fittings will be based on standard AWWA C153/A21.53 weight tables for naked, compact mechanical joint fittings. The price bid shall include furnishing and installing the fittings and the required concrete 1 reaction backing in accordance with the reaction detail schedule set out on the Plans. Bid Items 3— Butterfly Valves 1 Payment for butterfly valves (except 6 inch gate valves required for fire hydrant installations) shall be made at the unit price bid for each of the various types and sizes of valves, complete in place. The price shall include furnishing and installing 1 the valves, valve boxes, concrete pad at ground surface, valve operator extension stems (if required), and every other item of work required for a complete installation as specified. 1 01025-2 1 Section 01025 Measurement & Payment Bid Item 4 —Fire Hydrant Assembly (including Valve and Valve Box) I Fire hydrant assemblies shall be paid for at the unit price given in the Bid. The bid price shall include the fire hydrant, fire hydrant valve and valve box, 6 -inch ductile iron pipe, concrete, and Class 7 base. The price bid shall include the cost of all other materials, labor, supplies, and equipment required to construct complete the fire hydrant installation as called for on the Plans and described in these Specifications. Payment for fittings in water line shall be made under Item 2 of the Ii Bid. Bid Item 5 — Crushed Stone Pipe Bedding Material for Undercut ' Payment for crushed stone trench backfill for undercut shall be made at the• unit price bid per cubic yard. The unit price bid shall be full compensation for furnishing, ' installing and compaction of aggregate base course, Class 7 crushed stone trench backfill in undercut trench bottom as directed by the Engineer and in accord with these Specifications. Bid Items 6. 7 and 8 — Steel Encasement and Bores I. Payment under this item shall be made in accordance with -the lump sum price bid. The bid price shall include all of the labor, materials, equipment, and supplies required for a complete installation. This includes, but is not limited to, boring, ' furnishing the steel encasement; pipe casing spacers, and end seals, complete as shown on the Plans. 1 Bid Item 9 — Rock Excavation Payment for rock excavation shall be made in accordance with the unit price bid 1 per cubic yard. Measurement for rock excavation shall be as specified. Trench excavation classified as "rock excavation ° in accordance with the Specifications shall be paid for under this Bid item. Bid Items 10. 11 and12 — Connections to Existing System Payment for connections to existing line shall be made at the unit price bid for each tie-in. The price bid shall be full compensation for all excavation, cutting existing lines, dewatering as required, coordination of taking existing lines out of ' service and placing back into service after tie-in is complete, backfilling, cleanup, seeding, fertilizing, mulching, and every other item of work required for a complete tie-in as specified. This item also includes 8 x 8 tapping sleeve and valve and ' 8 inch water line. Payment for fittings and valves shall be made under appropriate bid items. Bid Item 13 — Trench or Excavation Safety System Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for trench or excavation safety system 01025-3 Section 01025 t Measurement & Payment requirements in accordance with Act 291 of the 1993 Arkansas General Assembly. Payment under this item will not be made until project is completed, accepted, and the Contractor certifies that he has met all requirements as set out in said Act 291. END OF SECTION 1 H i I I I 11 01025-4 1 I Section 01301 Schedules TECHNICAL SPECIFICATIONS SCHEDULES A. GENERAL The Contractor shall utilize and maintain through project completion critical path scheduling of all phases of work required for completion of the project within the contract time. Such schedule shall be submitted to the Engineer as required by the General Conditions and as specified herein. B. CRITICAL PATH SCHEDULE The Contractor shall show various phases of work to be performed, submittals, materials and equipment orders, receipt of materials and equipment, manpower, skills, and equipment required, and completion dates of various phases of work to be performed for completion of the project. With reference to paragraphs 2.6 and 2.9 of the General Conditions, the Contractor shall have submitted all approvable critical path scheduling at least ten days before submission of the first application for payment. Coincident with all applications. for payment, the Contractor shall submit to the Engineer critical path progress status reports and revised schedules • as required to show completion of the project. END OF SECTION 01301-1 Section 01335 Submittals TECHNICAL SPECIFICATIONS SUBMITTALS A. GENERAL The Contractor shall submit a minimum of five copies of all materials and equipment proposed to be furnished on the project. Any items not in compliance with the Specifications shall be noted on the submittals. I B. NON -SPECIFIED MATERIALS OR EQUIPMENT Any equipment submitted other than that specified, which requires additional work to be performed, shall be noted by the Contractor prior to submittal. The cost of any additional work required shall be borne by the Contractor. C. COORDINATION OF WORK The Contractor shall allow two weeks for initial review by the Engineer. The Engineer may withhold action on any submittal which requires coordination with other submittals until such submittals are received. END OF SECTION 01335-1 ' Section 01620 Materials Storage/Handling TECHNICAL SPECIFICATIONS STORAGE AND HANDLING OF MATERIALS ' A. GENERAL The Contractor shall be responsible for all material furnished by him and shall replace at his own expense all such material found defective in manufacture or damaged in handling after delivery by the manufacturer. This shall include the furnishing of all material and labor required for the replacement of installed material discovered defective prior to the ' final acceptance of the work. B. STORAGE OF MATERIALS The Contractor shall be responsible for the safe storage of material furnished by or to him and accepted by him, and intended for the work, until it has been incorporated in the completed project. The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign matter at all times; All materials shall be stored in strict conformance to the manufacturer's recommendations. C. HANDLING OF MATERIALS All materials furnished by the Contractor shall be delivered and distributed at the site by the Contractor. Pipe and accessories. shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. ' Care of Pipe Coating and Lining. Pipe shall be so handled that the coating and lining will not be damaged. However, if any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense in a manner satisfactory to the Engineer. END OF SECTION f .f I. I. 1 01620-1 Section 01660 Testing & Certifications TECHNICAL SPECIFICATIONS TESTING A. GENERAL { The Contractor shall be responsible for and shall pay all costs associated with any inspection or testing required in connection with Owner's or Engineer's acceptance of materials or equipment incorporated in the work, as provided for in Article 13 of the General Conditions. B. CERTIFICATES OF COMPLIANCE The Contractor shall be responsible for furnishing to the Engineer materials and equipment manufacturers' duly sworn certificates of compliance with all requirements and provisions of applicable standards such as, but not limited to, AWWA; ASTM, ANSI, AASHTO, AHTD, or others for all materials and equipment delivered to this project. C. SPECIFIC REQUIREMENTS Specific requirements for testing and . certificates of compliance are set forth in the Technical Specifications for each item of work. I END OF SECTION I 1 I 1 I I '1 I I 1 01660-1 Section 02110 Clear ROW/Fence Repair TECHNICAL SPECIFICATIONS CLEARING RIGHTS OF WAY, CUTTING AND REBUILDING/REPAIRING FENCES A. GENERAL The Owner hasacquired both permanent and temporary, construction easements for the construction of water mains. The Contractor shall confine his activities to the rights -of - way obtained and to properties of the Owner. These Specifications allow debris to be disposed of at the option of the Contractor. It is specifically understood that all waste material and debris shall be disposed of in accordance with applicable federal, state, and local regulations. B. CLEARING RIGHTS -OF -WAY Parts of construction are indicated on the Plans as being through lawns, brush, timbered areas and fields of tall grass. There is not a separate pay item for the clearing of rights - of -way or for the disposing of brush, timber or other debris resulting from the clearing operation. Nor is there a separate pay item for cutting and repairing/rebuilding fences. I Brush, Timbered Areas, Fields. Where construction is indicated on the Plans as being through brush, timbered areas, and fields of tall, grass, the Engineer shall stake the centerline of the proposed pipe line. The Contractor shall clear the rights -of -way of brush and other debris and do such right-of-way construction as is necessary to provide an adequate working area within the easement limits. Upon completion of .this work, the Engineer will then provide line and grade stakes required for construction. In clearing right-of-way, the Contractor shall remove only those trees necessary for the construction of improvements. Where the water line is to be constructed in close proximity to shade trees or other trees of significant value, the Contractor will be expected to work near the trees without removing or damaging them. All brush, timber and other debris required to be removed from the construction of the work shall be hauled from the site and disposed of at the option of the Contractor. Burning of brush will be permissible, provided that there is full compliance with the provisions of all state and local agencies controlling and supervising these activities. A portion of the work may cross private property in which livestock are at large. It is the responsibility of the Contractor to see that the livestock ate kept in the original pastures. It has been found that wilted wild cherry leaves are poisonous to livestock. Consequently, wherever wild cherry is removed or damaged, the branches shall be removed immediately from the site of the work, and shall be burned or disposed of so that it will be impossible for the livestock to have access to them. . L' 02110-1 Section 02110 ' Clear ROW/Fence Repair 2. Lawns and Other Well -Kept Areas. Where construction is shown on the Plans as being through lawns or other well -kept areas, the Engineer shall stake the general location of the rights -of -way, and shall provide line and grade stakes. The Contractor shall then clear any debris from the rights of way. All shrubbery, small trees (less than 4 inches in diameter), and other items of landscape shall either be ' protected or shall be replaced at the Contractor's expense. All limbs and other debris requiring removal shall be hauled from the site and disposed of at the option of the Contractor. 3. Utilities. The Contractor shall be responsible for uncovering all existing utilities which cross the water line easement in advance of construction. The Engineer shall be notified of any utility which is found to be within 10 feet of the outside diameter of the proposed new water line at utility crossing so that grades may be evaluated and adjusted, if required. , 4. Power Lines. Where the Plans show a portion of the line to be laid adjacent to or under power lines, it shall be the responsibility of the Contractor to make any arrangements with the power company for "tying offpoles. It shall also be the responsibility of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and equipment when working in the vicinity of these power lines. The Contractor is advised of the extreme hazard to personnel from equipment , contact or near contact with conductors of the transmission line. It is strongly recommended that low profile construction equipment be used and that a minimum 15 feet vertical clearance be maintained between any equipment and transmission conductors. Unless the water line is specifically set out to cross within the limits of the power line right-of-way, the Contractor shall not alter or work within the limits of the existing power line right-of-way. 5. Miscellaneous. Several signs, mailboxes, posts, fences, and other obstructions U may require removal and replacement along the right-of-way. These shall be removed and protected. Temporary replacements shall be provided until the permanent installations are provided. After pipe construction in the immediate vicinity is complete, items damaged by the Contractor shall be replaced to their original conditions, at the expense of the Contractor. Payment for these items is to be included in the price bid per linear foot of pipe. 6. Fences - Cutting and Repairing. The Plans show fences to be crossed during the course of construction. The fences are to be replaced to existing alignment as nearly as possible. Prior to cutting, the Engineer will witness the fence locations to points outside the right-of-way. Any stakes or other identification so used shall be protected by the Contractor Prior to cutting of fences, the Contractor shall install a brace post assembly in the existing fence on each side of the pipeline. The exact location for the brace post 02110-2 I Section 02110 Clear ROW/Fence Repair assembly shall be field determined. The tension of the existing fence shall not be reduced. The Contractor shall then construct temporary gates and fencing so as to maintain livestock in the original pasture during the construction period. There is no separate pay item for temporary gates and fencing, and shall be included in the price bid for pipe. Fencing shall be replaced according to the type of fence to be crossed during construction using new materials which are equal to or better than the original fencing material. . Where removal, replacement or repair of chain link, ornamental iron, wood, rock or masonry fence is required, the Contractor shall retain a qualified specialty contractor to perform the work. After the pipeline has been installed, backfill placed and compacted, and excess material removed, the Contractor shall rebuild the fences across the right-of-way. 7. Restoration of Property Markers. Where property markers or public right-of-way markers have been disturbed or will be removed in the course of construction, the Contractor shall retain an Arkansas Registered Land Surveyor to witness the position of the marker prior to disturbance or removal. After the completion of construction, an Arkansas R.L.S. shall be retained to restore all disturbed or removed markers to their original position. The Contractor is responsible.for taking. steps necessary.to assure the safety of livestock in the vicinity of the construction area. END OF SECTION 02110-3 I Section 02113 Surface Removal I I 1 TECHNICAL SPECIFICATIONS SURFACE REMOVAL A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, and incidentals necessary for removing surfaces within the limits of lawns, gardens, mowed, cultivated, or other well -kept areas or within the limits of any paved or unpaved driving surface. unless otherwise directed by the Engineer. B. ALLOWABLE REMOVAL In all areas where water lines, sewer lines, force mains, sewer manholes, air release valve manholes, and other appurtenances are to be constructed, the surface shall be removed prior to excavating the trench. There is no pay item for surface removal and surface removal shall be considered part of trench excavation. The allowable limits of removal are dependent upon the type of area in or through which construction occurs and are set out below. No payment for surface repair will be made outside the width of allowable removal. 1. Lawns. Gardens. Mowed or Cultivated Areas. and Other Well -Kept Areas. In these areas, the Contractor shall excavate the top 6 inches of topsoil from the ditch line and store such along the ditch line so that it does not become mixed with the remaining excavation. The width of allowable surface removal shall be the standard trench .width as defined in the.Pipe section of these Specifications. The length of ground cover removed for the installation of pipe, fittings, manholes, or other appurtenances shall be the linear dimension of such structure plus 12 inches. 2. Wooded and Rocky Areas. In wooded or rocky areas the ground cover shall be removed as set out in paragraph BA above, except that the Contractor is not required to separate and store the top 6 inches of topsoil along the ditch line. 3. Driving Surfaces. Excavation within the limits of any driving surface, including paved and gravel streets or roads, driveways or parking areas shall be in accordance with the following specifications.. The Contractor shall remove pavement and road surface as a part of the trench excavation, and the amount removed shall depend upon the width of trench specified for the installation of pipe, and the width and length of pavement area 02113-1 Section 02113 !, Surface Removal required to be removed for the installation of pipe, fittings, manholes, and other appurtenances. The Contractor shall use such methods, either drilling, chipping or sawing as will assure the breaking of the pavement along straight lines. The face of the remaining pavement shall be approximately vertical. Driving surface pavement and road surfaces shall be removed to the dimensions set out below, depending upon the type of driving surface to be removed. a. Asphaltic Pavement Removal. Asphaltic pavements shall be removed in accordance with the dimensions set out below. 1) Removal of Pavement for Pipe Construction. The width of asphaltic pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be the defined width of the trench plus 3 feet 6 inches each side of trench. The length of the asphaltic pavement to be removed for the I installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 12 inches. b. Concrete Pavement Removal. Concrete pavements shall be removed in accordance with the dimensions set out below. 1) Removal of Pavement for Pipe Construction. The width of concrete pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be as shown on the detail sheet of the Plans. The length of the concrete pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structures plus 12.inches. c. Unpaved Driving Surfaces. Gravel, dirt, or other unpaved driving surfaces shall be removed as follows. 1) Removal of Surface for Pipe Construction. The width of unpaved surface removed along the normal trench line for the installation of pipe shall be the standard trench width as defined on the detail sheet of the Plans plus 24 inches on each side of the trench. The length of unpaved surface removed along the normal trench line for the installation of fittings or other appurtenances shall be the dimension of such structure plus 12 inches. ri 02113-2 ti Section 02113 Surface Removal 4. Additional Surface Removal. Wherever, in the opinion of the Engineer, existing conditions make it necessary or advisable to remove additional surfaces, the Contractor shall remove it as directed by the Engineer. No extra compensation will be allowed for the extra surface removal. However, additional payment will be made at the unit price bid for the appropriate surface repair/replacement item as set out under the Methods of Measurement and Payment Section of these Specifications. However, if the Contractor removes or damages pavements beyond the limits specified above without approval of the Engineer, such surfaces shall be replaced or repaired at the expense of the Contractor. END OF SECTION h' 02113-3 Section 02211 Classification of Excavation TECHNICAL SPECIFICATIONS CLASSIFICATION OF EXCAVATION FOR CONSTRUCTION OF WATER LINE A. GENERAL Unless specifically provided for in the Bid and in the Methods of Measurement and Payment for rock excavation, all excavation shall be unclassified and considered subsidiary to related Bid items. B. DEFINITION OF ROCK EXCAVATION The work is underlain by broken chert, and/or solid chert, sandstone or limestone. The excavation required for construction of the pipeline may necessitate the excavation of solid chert, sandstone or limestone. The pay item for rock excavation in this project in the Bid and in the Methods of Measurement and Payment for rock excavation will include: 1) solid chert, sandstone or limestone which requires blasting for removal; 2) solid or consolidated chert, sandstone or limestone which cannot be normally ripped and removed with the power -operated excavator without hammering with the bucket which causes undue damage to the equipment; or 3) boulders and pieces of masonry or concrete which exceed 1,000 pounds in weight. Layers of rock less than 12 inches in depth will not beconsidered for payment. Layers greater than 12 inches will be considered for payment only when the length exceeds 5 feet. Broken or weathered chert, sandstone or limestone which can be normally excavated with the power -operated excavator will not be classified as rock excavation. Rock and/or broken chert excavated in clearing of right of way and surface removal will not be classified nor will it be paid for as rock excavation. C. MEASUREMENT Measurement for rock excavation will be made on the basis of depth measured from 4 inches below the bottom of the pipe to the top of the rock by a minimum width of either the pipe outside diameter plus 16 inches or the pipe outside diameter times 1.25 plus 12 inches, whichever is greater. •No payment for rock excavation outside these limits will be made. 02211-1 Section 02211 Classification of Excavation I Rock excavation shall be measured in place by the Resident Project Representative (RPR) before the trench is backfilled. At the end of each day's pipe laying operations, when the quantity of rock excavation has been determined, the RPR shall record the quantity of rock excavation to be paid for in his daily field report. The RPR will deliver a copy of the daily field report to the Contractor's representative. The Contractor's representative shall initial the RPR's copy of the daily field. report indicating his agreement with the measured rock excavation for that day. END OF SECTION 1 1 I El I 02211-2 I1 11 I! TECHNICAL SPECIFICATIONS PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL A. GENERAL Section 02221 Backfilling The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for backfilling areas excavated during the construction of vaults, water lines, valves, . fittings, fire hydrants, and other appurtenances. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. Areas of construction within creek or river crossings, county roads, or state highways shall be backfilled in accordance with other sections of these Specifications. B. MATERIALS Crushed Stone Backfill. Crushed stone backfill (where specified or directed by the Engineer) shall be AHTD aggregate base course, Class 7, as defined in the latest edition of the Arkansas State Highway Department Specifications. The Contractor shall submit suppliers' certificates stating that the material provided is in accordance with these Specifications. C. CONSTRUCTION Areas excavated for the construction of water lines, valves, fittings, and other appurtenances shall have pipe protection cover placed, and shall be backfilled in accordance with these Specifications. Backfilling. After the pipe bedding has been placed (including up through 12 inches above top of 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 and in accordance with the following Specifications, depending upon the type of area in which excavation occurs. Extra care shall be exercised around valves and hydrants to assure that the backfill material is placed evenly around the perimeter of the appurtenance. a. Compaction. All pipeline trench backfill shall be placed in layers of appropriate thickness and compacted using a mechanical, hydraulically - powered vibratory trench compactor or other equivalent equipment. All trench. backfill (except under paved areas and sidewalks) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soil. Crushed stone trench backfill where required shall be compacted to 95 percent modified Proctor density (ASTM D1557-78). The density of backfill material, including crushed stone trench backfill, shall I. be determined at locations selected by the Engineer • at no less than 500 foot intervals. Two additional tests will be made for each test failure at I 02221-1 Section 02221 II Backfilling approximately 100 feet either side of failing test. The test shall be conducted at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil. All surfaces to be paved will be tested at various depths below grade. Unpaved roadway surfaces shall be tested at 12 inches below finished grade. The cost for performing all density tests shall be borne by the Contractor. S The test shall be performed by a qualified soils laboratory technician approved by the Engineer. The equipment procedures shall also be approved by the Engineer. b. Driving Surface Crossings (Perpendicular to Centerline). In all areas where excavation crosses within the limits of any driving surface, including paved and gravel streets or roads, driveways and parking lots, the trench shall be backfilled in 8 inch lifts with crushed stone trench backfill and compacted to 95 percent of modified Proctor density (ASTM 1557-78) immediately upon completion of the aforementioned portion of the backfilling operation. c. Lawns, Gardens and Other Well -Kept Areas. After the pipe protection I cover has been placed, the trench shall then be backfilled and compacted with excavated material. Topsoil stored along the trench line shall then be replaced to a minimum depth of 6 inches over the trench and 3 inches over all damaged surfaces. In the event there is insufficient topsoil stored along the ditch line to accomplish the topsoiling requirement, then the Contractor shall haul in additional topsoil to meet this requirement and shall do so without additional cost to the Owner. The topsoil over the trench shall be left slightly rounded in order to allow for some settlement. It is the intent of these Specifications to ensure that no settlement of the trench occurs after seeding and mulching the areas. In the event such does occur, it will be the responsibility of the Contractor to repair the settled areas. d. Mowed or Cultivated Areas (Excluding Gardens). The requirements for backfilling in these areas is identical to that specified in paragraph b above, except that it is the intent of the Specifications to replace the top 6 inches of the soil using the excavated topsoil, regardless of the quality of that material. Only when the Contractor allows the material excavated from the top of the trench to become mixed with the remaining excavation will he be required to haul in additional material to replace the top 6 inches. If the Contractor is required to haul in additional material, he shall haul in good grade topsoil (free of roots, weeds, clay and rocks, and from a source approved by the Engineer) and shall do so without additional cost to the Owner. e. Steep, Wooded or Rocky Areas. After the pipe protection cover has been , placed, the trench shall be backfilled with excavated material. The trench shall be compacted to ensure that the backfill has been thoroughly consolidated. The trench backfill material shall be left slightly rounded to allow for additional settling. f. Sidewalks, Curb and Gutter Crossings. In all areas where excavation crosses or is parallel to and within the limits of a sidewalk or curb and 02221-2 Section 02221 •Backfilling gutter, the trench shall be backfilled with aggregate base course, Class 7, as specified in paragraph 1.b above. 3. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. END OF SECTION j 02221-3 Section 02461 Aggregate Base Course TECHNICAL SPECIFICATIONS • AGGREGATE BASE COURSE, CLASS 7 A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, testing and incidentals necessary for providing, placing and compacting aggregate base course, Class 7, as shown on the Plans and as hereinafter specified. B. MATERIALS AND EXECUTION The Contractor shall furnish materials and place and compact aggregate base course, Class 7, as specified by Section.303 of "Standard Specifications for Highway Construction," latest edition, published by the Arkansas State Highway Commission. These specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas. Aggregate base course, Class 7, shall be compacted to 95 percent of modified Proctor (ASTM D1557-78). C. TESTING All testing, gradation, plasticity, modified Proctor standards, and in -place densities of aggregate base course, Class 7, shall be performed by a laboratory acceptable to the Engineer. All costs associated with the required testing shall be borne by the Contractor. The number of tests required shall be one per street crossing, one per driveway location, one per 2,500 square feet in parking lot locations (unless otherwise directed by Engineer due to lack of consistency or failure of tests by Contractor), one per 500 linear feet for trench backfill, and one per 200 linear feet of trench bottom where overexcavation required trench filling, to be taken at the locations directed by the Engineer. All tests shall be taken at the locations directed by the Engineer performed at the option of the Contractor shall be at the expense shall not be included in the number of tests specified previously. END OF SECTION . Any retest or tests of the Contractor and 02461-1 ' Section 02510 Street/County Road Crossings TECHNICAL SPECIFICATIONS STREET AND COUNTY ROAD CROSSINGS A. GENERAL This item shall consist of obtaining permits and posting bonds and/or deposits which may be required by the City of Springdale, Washington County, and Benton County, and providing all labor, equipment, tools, supplies and incidentals necessary for the crossing, maintaining and restoring streets and roads to the satisfaction of the permitting entity. The work shall include every item of work necessary for a complete and acceptable installation. B. MATERIALS _ 1. Pipe Bedding Material. Pipe bedding material shall be as specified elsewhere in Ithese Specifications. 2. Crushed Stone Backfill. Crushed stone backfill (where specified) shall be as specified elsewhere in these Specifications for crushed stone base. 3. Crushed Stone Base. Crushed stone base shall be in conformity with the gradation and hardness requirements as set forth in the latest edition of Arkansas State Highway Department Standard Specifications, aggregate base course Class 7. • 4. Prime and Tack Coats. Prime and tack coat material shall be EPR-1 PRIME emulsified petroleum resin prime as manufactured by Blacklidge Emulsions, Inc., Gulfport, Mississippi, or equal. The application rate shall be approximately 0.25 gallon per square yard applied as recommended by the manufacturer. Application equipment and procedures shall be as set forth in the latest edition of the Arkansas State Highway Department Standard Specifications. 5. Asphaltic. Concrete Hot -Mixed Surface Course. The asphaltic concrete hot -mixed surface course shall. be Type 2 as set forth in the latest edition of the Arkansas State Highway and Transportation Standard Specifications. C. REFERENCED MATERIALS AND CONSTRUCTION .I The following specifications are hereby referenced and made a part of these Specifications. These specifications are contained in the "Standard Specifications for Highway Construction," latest edition, published by the Arkansas State Highway and Transportation Commission. The page. numbers given below refer to pages in these "Standard Specifications for Highway Construction." These specifications are available for inspection in the Engineer's office, or may be • obtained from the Arkansas State Highway and Transportation Department, Little Rock, ' 02510-1 • Section 02510 Street/County Road Crossings 1 Arkansas, and are set out below. Asphalt Pavement, Part 400 Pages Prime and Tack Coats and Emulsified Asphalt in Base Course, Section 401........................................................................117-120 Materials and Equipment for Prime Tack and Asphalt Surface Treatments, Section 403 ................................................... 124-127 Asphalt Concrete Hot -Mix Surface Course, Section 406.... ..........................133-135 Materials and Equipment for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 409 ...................................... 140-151 Construction Requirements for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 410 ..................................... 151-158 D. EXECUTION The Contractor shall obtain required permits, and post required bonds and/or deposits with the permitting entity. Street crossings in the City of Springdale shall be performed in accord with the City of Springdale Code of Ordinances. County road crossings shall be performed in accord with applicable county court orders and ordinances. The Contractor must provide a street closing plan to the Engineer one week prior to closing street. The Contractor shall provide and maintain during his construction activities adequate barricades, construction signs, torches, lanterns and guards as required to protect persons from injury and to avoid property damage. All materials piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences and/or barricades and shall be protected by adequate torches and lanterns. Execution of adequate safety precautions set forth in the General and Special Conditions is the sole responsibility of the Contractor. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. The Contractor shall obtain permission from the City and notify the fire department, ambulance service, etc., prior to closing of any street. n I 1 1 I I I 02510-2 I Section 02510 Street/County Road Crossings All areas excavated for the construction of sewer lines and appurtenances within city streets and/or county roads shall have bedding, pipe protection cover and backfill placed as specified elsewhere in these Specifications, and as detailed on the Plans. Crushed stone base shall be placed and compacted to 95 percent of modified Proctor density (ASTM D1557-78), as shown on the Plans. All asphaltic surfaces shall be replaced with asphaltic concrete hot -mixed surface course. Asphaltic concrete hot -mixed surface course, Type 2, shall be constructed as specified herein, and as shown on the Plans. All Portland cement surfaces shall be replaced with Portland cement concrete. Portland cement concrete surfacing shall be constructed as specified elsewhere in these Specifications, and as shown on the Plans. All unpaved driving surfaces shall be replaced with crushed stone base as specified elsewhere in these Specifications, and as shown on the Plans. All street and county road right-of-way disturbed by construction of these facilities shall be restored to its original or equivalent condition as required by the permitting entity. END OF SECTION 02510-3 Section 02512 AHTD Crossings TECHNICAL SPECIFICATIONS ARKANSAS STATE HIGHWAY CROSSINGS AND ACCESS ROAD CROSSINGS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary to bore and insert a casing pipe existing Arkansas State Highway(s). B. MATERIALS Carrier. Pipe. The carrier pipe shall be in conformance to that section of the Specifications governing water lines. 2. Casing Pipe. Unless otherwise shown on the Plans, all casing pipe shall be welded or seamless new steel pipe having a wall thickness as shown on the Plans and a minimum yield strength of 35,000 pounds per square inch. 3. Casing Spacers and End Seals. Casing spacers for use in the casing pipe shall be Model SSI (12 inch band, runners 2 inches wide and 11 inches long), as manufactured by Advance Products and Systems, Inc., or approved equal. The end seals shall be watertight and shall be Model AW wrap -around end seal as manufactured. by Advance Products and Systems, Inc., or approved equal. C. CONSTRUCTION The Plans show the location of highway crossings to be made. The crossings shall be accomplished by boring and inserting a casing pipe of the type, thickness, diameter and length as specified or shown on the Plans. Permit Application. The Owner has made application with the Arkansas State Highway and Transportation Department for permits which include all crossings and construction on AHTD right of way as shown on the Plans. A copy of the permit issued by the AHTD will be furnished to the Contractor by the Owner. A copy of the license or permit issued by the AHTD shall be kept on the job site at all times. 2. Bond Posted. The Owner will be required to post a deposit or acceptable bond with the Arkansas State Highway and "Transportation Department prior to the issuance of the permit. Upon completion of all highway crossings, including repair and cleanup in accordance with these Plans and. Specifications, and upon receiving finalS approval from the Arkansas State Highway and Transportation Department, the bond or deposit will be returned to the Owner. A percentage equal to the amount of the bond will be held from the Contractor's pay until the bond has been released. 3. Location of Utilities. The Contractor shall be responsible for the location of all utility lines located within the area of construction. 02512-1 Section 02512 AHTD Crossings 4. Traffic Control. It shall be the responsibility of the Contractor to provide sufficient flagmen, signs, barricades, lights and other items required to ensure complete safety of the public and the workmen at all times. I Traffic control on state or federal highways shall be conducted and maintained as set forth in the Manual on Uniform Traffic Control Devices as published by the U. S. Department of Transportation, Federal Highway Administration. The following data sheets are intended as guidelines for typical sign dimensions and application for various types of installation. 5. Borings. The crossing shall be made by boring or tunneling and inserting a casing pipe. The top of the casing pipe shall be a minimum of 3.0 feet below the low points of the roadbed cross section (including ditches) or 4.0 feet below the top of the pavement at any location along the casing pipe, whichever gives the greater depth. If rock is encountered and all available means of making the crossings by boring or tunneling have been exhausted, the Engineer will make application to the Arkansas State Highway and Transportation Department to make the installation by the open cut method. ,I 6. Open Cut. If approval to open cut is received, the Contractor shall proceed with the installation in full accordance with all provisions and special conditions set forth by the Arkansas State Highway and Transportation Department. Any additional cost of deposits or bonds for open cutting shall be borne by the Contractor. Since the return of the deposit required by the AHTD depends upon returning the roadbed to its original or better condition, the Contractor will be required to complete this item of construction to the satisfaction of the Highway Department. 7. Restoration of Property. Any highway property disturbed by the installation of the facility shall be restored to its original or equivalent condition including establishing a sod as required by the District Engineer. Casing Spacers and End Seals. The carrier pipe shall be inserted through the casing pipe using casing spacers. The casing spacers shall be installed in accordance with the manufacturer's recommendations. •There shall be three casing spacers on each 20 foot joint of pipe. Each end of the casing pipe shall be sealed using an end seal, as specified elsewhere in this section. END OF SECTION I I 1 02512-2 1 � v J 1 • 1�1 V/ ) W -J J t N r J Z S Q_E 'Ca w J 0o N W W ou . J J i OUw r �. Z U Wm m V Co UUJM awO ram C- e O n Y r g 1. W LL Q) /` LL 3 W_ \LLY 1 N nr 1 \ I ^ r J N LL J w UI J N -' J o z Q O I LL f U J LL — Q I— I p. ! N W 9 W J 1!1 t W Q z w •�g a N�N O = OS Nr_ N� $- 3 x o uL]a�•1eyN O jL Nay Q" Is- ' dW NN y0 O OV ON I¢ O UJ W QnJ<= OUI mW )N.N iFN O O..c> L WJJn N_ U ON 2it_� I > oI ZJWIWnZ W 6 Iu u1 C_ _. buy J Q J NW Or;LL- N Jw J.Iiy W Zr =--.- ••0 0 P O J •'r- TJ yJx <�J,a 0a ��(( S 3! v 8 VWVO SNN ) YI a o g .1 0VV O %,Z j i y QW ` - -, iY_ JO Os.- .. NJ< Z SI J_ 3x 6 —�i[= yl a Lila J•W� O`LLi� r L O W rJN W 46 N IC N W a ) O 3r -_ i' aLL z•___ o c > NNY_ y-,_ ) O x0 <3=( ¢W_r U WI £YL w Si' n QUO ' .-.a -1• fl .-- M1 _ WJ N N < N 4 - FIGURE II C _ „ a _ I L �! I O N 6 •I - I 1`I y i = a T g V I c.. — 3I ,. —r Loa n n ; C •. IIII I a a y y 6' I _ •• y as CO _ 7 O - O rLi F. • a i N < x a !. N < f I.n� a n.V n,n IIyl I n w n n. 1 Y II I 11 N I - S U u u C- "z4 • II Li1- I H I I I 3N- 1 �x I os s_ y V • y • y - u u f u :. n i• •• n V n• V E Y _ „ n n n :A r HH I fri ► II I $� w I wl •, -a LJ LL I Jww �'� I 'n avOa til�F .mil^a p—. o - 0- o - -.SO_._ _O 3 C. - - =w O-- - �I Jj I I k FIGtiRE II Section 02565 DIP W/L II II H It I 1 I I I` TECHNICAL SPECIFICATIONS DUCTILE IRON PIPE AND DUCTILE IRON PIPE FITTINGS FOR WATER LINES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of ductile iron pipe water lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Ductile Iron F Joints. Unless otherwise shown on the Plans or specified, all pipe and pipe tittings furnished on this project shall be ductile iron, with either push -on or mechanical type joints. Flanged pipe or pipe fittings shall be used only as indicated on the Plans, and shall be in conformance with this Specification. a. Ductile Iron Pipe (3 Inch Through 64 Inch). All ductile iron pipe furnished with either push -on or mechanical type .joints shall conform to the requirements of "Thickness Design of Ductile Iron Pipe;" ANSI/AWWA C150/A21.50, latest revision, and "Ductile Iron Pipe, Centrifugally Cast, for Water," ANSI/AWWA C151/A21.51, latest version. Pipe shall be Pressure Class 200. b. Ductile Iron Pipe Fittings 1) b4 incn). All faingS 6 incn inrougn Z4 incn ana o4 incn inrougn 04 inch shall be ductile, iron fittings and shall conform to the requirements of ANSI/AWWA C153/A21.53, latest revision, for "Ductile Iron Compact Fittings, 3 In. Through 24 In. (76 mm through 610 mm) and 54 In. Through 64 In. (1400 mm through 1600 mm), for Water Service." All fittings shall have a minimum pressure rating of 250 psi, and shall be "Made in U.S.A." 2) Ductile Iron Pipe Fittings (30 Inch Through 48 Inch). All fittings 30 inch through 48 inch shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C110/A21.10, latest revision, for "Ductile -Iron and Gray -Iron Fittings, 3 In. Through 48 In. (75 mm through 1200 mm), for Water and Other Liquids." c. Ductile Iron Pipe Joints. All ductile iron pipe and ductile iron pipe fittings with mechanical or push -on type joints shall have rubber gasket joints in conformance with "Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings," ANSI/AWWA C111/A21.11, latest revision. d. Restrained Joints. Mechanical joint restraint shall be incorporated into the design of the follower gland. The restraining mechanism shall consist of individually actuated wedges that increase their resistance to pull-out as 02565-1 Section 02565 DIP W/L pressure or external forces increase. The device shall be capable of full mechanical joint deflection during assembly and the flexibility of the joint shall be maintained after burial. The joint restraint ring and its wedging components shall be made of Grade 60-42-10 ductile iron conforming to ASTM A536-84. The wedges shall be ductile iron heat -treated to a minimum hardness of 370 BHN. Dimensions of the gland shall be such that it can be used with the standardized mechanical joint bell conforming to ANSI/AWWA C111/A21.11 and ANSI/AWWA C153/A21.53 of the latest revision. Torque limiting twist -off nuts shall be used to ensure proper actuation of the restraining wedges. The mechanical joint restraint shall be available in the 3 through 48 inch sizes. They shall have a rated working pressures of 350 psi in sizes 16 inch and smaller, and 250 psi in sizes 18 inch through 48 inch. The devices shall be listed by Underwriters Laboratories up through the 24 inch size and approved by Factory Mutual up through the 12 inch size. The restraint shall be Series 1100 Megalug restraint as produced by EBBA Iron, Inc., or equal. e. Swivel Fittings and Fire Hydrant Tee. Fire hydrant shall be set using MJ, MJ, swivel joint fittings having retainer lip and swivel rotatable gland for positive restraint without tie rods. Restraint joints shall be used where testing will be done against closed valves, and at other locations at the Contractor's option. Adapters. Foster adapters are approved for use for restraint of valve and/or fittings. 2. Cement Mortar Lining. All ductile iron pipe and ductile iron pipe fittings shall have a standard thickness cement mortar lining in conformance to ANSI/AWWA C104/A21.4, latest revision, "Cement -Mortar Lining for Ductile -Iron Pipe and Fittings for Water." 3. Outside Coating. All ductile iron pipe shall have either a bituminous exterior coating, or shall be delivered to the site factory cleaned and primed as set out below. Factory Primed Pipe. Unless otherwise shown on the Plans, all exposed pipe and fittings within the limits of structure walls or all pipe exposed above ground shall be delivered to the job site factory blasted, cleaned and primed with one coat of Tnemec Series 140-1211 Pota-Pox Plus, or approved equal compatible with paint systems to be provided by the Contractor. (Also see Section 09800 of these Specifications.) b. Bituminous Coating. All pipe and fittings indicated for buried service shall have a bituminous coating approximately 1 mil thick. The coating shall be factory applied to the outside of all pipe and fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. 4. Ductile Iron Pipe Joint Lubricant. Joint lubricant shall be provided by the pipe manufacturer, and applied as per the manufacturer's recommendations. 02565-2 I Section 02565 DIP W/L 5. Crushed Stone Trench Backfill. Crushed limestone trench backfill, where required; shall be AHTD aggregate base course, Class 7, as defined in the latest edition of. the Arkansas State Highway Department Specifications. The crushed limestone supplier 'shall submit certificates . stating that the materials provided are in conformance with these Specifications. 6. Concrete. Concrete used for reaction backing, pipe cover, or pipe encasement shall be in conformance with the Concrete section of these Specifications. 7. Affidavits of Compliance and Independent Laboratory Inspection; All ductile iron pipe and ductile iron pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. If evidence appears that all provisions of the applicable ASTM/AWWA Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. - 8. Polyethylene Encasement. All ductile, cast or iron buried have polyethylene encasement in conformance to ANSI latest revision, "Polyethylene Encasement for Ductile -Iron polyethylene film shall have a minimum nominal thickness and shall be provided in either flat tube or sheet form, Contractor. pipe and fittings shall /AWWA C105/A21.5, Pipe Systems." The of .008 inch (8 mils); at the option of the 9. Pipe Embedment Material. Pipe embedment materials shall be: a. Materials meeting either ASTM D448 Size No. .67 or ASTM D2774. b. Class 7 ABC (see paragraph C.6.b below). In no case shall the maximum dimension of rock exceed 1.5 inch; nor shall any products that contain lead be used. 10. Tracer Tape. Tracer tape shall be detectable marker tape 3 inches wide with the words "BURIED WATER LINE BELOW" printed along the tape in 1-1/4 inch minimum letter height. Magnetic tape shall be traceable by either conductive or inductive methods. 02565-3 Section 02565 ' DIP W/L C. DUCTILE IRON PIPE WATER LINE CONSTRUCTION 1. General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. 2. Alignment and Grade. The water main shall be laid and maintained to the required lines and grades with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. 3. Installing Ductile Iron Pipe. Ductile iron pipe and ductile iron pipe fittings shall be installed in conformance with the recommendations of AWWA C600, latest revision, for "Installation of Ductile Iron Water Mains and Their Appurtenances," and in conformance with the Specifications hereinafter set out. 4. Requirements Preparatory to Trench Excavation. In all areas where water lines, valves, or other appurtenances are to be constructed, the existing surface shall be removed prior to excavating the trench. There is no pay item for these requirements and shall be considered part of the trench excavation. These requirements are dependent upon the type of area in which water line construction occurs and are set out elsewhere in these Specifications. I 5. Trench Excavation. All excavation of any nature shall be unclassified and payment for same shall be included in the price bid. I The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as set out elsewhere in this Specification. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge of anytrench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or otherwise damaged. a. Trench Depth. The trench shall be excavated to at least 6 inches below the 1 grade required to provide a minimum of 36 inches of pipe cover. This pipe cover shall be measured and is defined as follows. (1) Land Level Normal to the Direction of the Pipeline. A minimum of 36 inches of cover shall be provided. This cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ground surface. 02565-4 1 Section 02565 DIP W/L • (2) Cut Sections; A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the adjacent low surface of the right of way. (3) Fill Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the natural ground surface underlying the fill. b. Trench Width. The excavated water line trench shall not exceed the width as shown on the standard detail sheet of the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel. If the Contractor overexcavates the trench, he shall provide additional pipe bedding gravel or concrete as necessary to prevent crushing of the water pipe due. to excessive earth loads. All additional bedding material or concrete required shall be furnished at the Contractors expense. c. Trench Length. The Engineer shall have the right to limit the amount of • trench excavated in advance of laying the pipe. In general, such excavation shall not exceed 300 feet, and trench excavated to grade shall not exceed 150 feet. Every trench in rock shall be fully opened at least 50 feet in advance of the place where pipe is being laid. 6. Ductile Iron Pipe Embedment. After the trench has been excavated as set out above, the ductile iron pipe • shall have, a bed . prepared according to the type of area through which construction is proceeding. a. Pipe Embedment. The ductile iron pipe shall be bedded in embedment material as specified elsewhere in these Specifications. The pipe shall be bedded from a point 6 inches below the bottom of the pipe barrel to a point 12 inches above the top of pipe. All overexcavation below the pipe shall be backfilled with pipe embedment material at the Contractors expense. The additional material required will be placed in 8 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. There is no separate pay item for embedment material. This item shall be subsidiary to the pipe. I!! Underlain by Solid F(ock). Where the water line excavation is within the limits and approximately perpendicular. to or crossing curb and gutter or driving surfaces, including paved and unpaved roads, driveways or parking lots, the bedding material shall be aggregate base course, Class 7. Where the. bottom of the trench is solid rock, the pipe bedding material shall be aggregate base course, Class 7. • All overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractors expense. The additional material required will • be placed in 3 inch lifts and thoroughly tamped. This procedure will be • 02565-5 Section 02565 DIP W/L repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. U 7. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with aggregate base course, Class 7, in 8 inch uncompacted layers. The layers shall be hand or machine tamped as directed by the Engineer so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Extra payment will be made for the additional trench backfill required in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the Contractor for the additional excavation. 8. Bracing and Shoring. The sides of any excavation, when deemed necessary, shall be properly supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left in place, and the water line trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting, or shoring whether it is withdrawn or left in the trench. 9. Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with dry loam, sand, or crushed limestone bedding gravel at his own expense. Under no conditions will ductile iron pipe water line be laid in a trench that has not been properly dewatered. 10. Deviations Occasioned by Other Structures. Whenever obstructions not shown on the Plans are encountered during the progress of the work and interfere to such an extent that an alteration in the plan is required, the Engineer shall have the authority to change the Plans and order a deviation from the line and grade or arrange with the owners of the structures for the removal, relocation or reconstruction of the obstruction. 11. Concrete Reaction Backing. Unless restrained joints are required as shown on I Plans, all ductile iron pipe fittings shall have concrete reaction backing. Backing shall be placed between solid ground and the fitting to be anchored. The area of - bearing on the pipe shall be that shown on the detail sheet of the Plans or as directed by the Engineer. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with Visqueen prior to the placement of reaction backing. 12. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by the Engineer, concrete cover shall be placed over the top of the water line to the dimensions shown on the Plans. Where in the opinion of the Engineer additional concrete cover is required, it shall be provided and installed by the Contractor. 02565-6 I Section 02565 DIP W/L 13. Concrete Encasement. Where shown on the Plans or otherwise directed by the Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where •in the opinion of the Engineer additional encasement is required, it shall be provided and installed by the Contractor. Pipe joints shall not be encased for a distance of 2 feet either side of the joint. 14. Replacement and Repair of Driving Surfaces. Replacement and repair of driving surfaces shall be made in accordance with these Specifications, as applicable. 15. Polyethylene Encasement. Polyethylene encasement shall be provided on all buried fittings, and on ductile iron pipe where shown on the Plans, in accordance with ANSI/AWWA C105/A21.5, latest revision, for either Method A, B, or C installation. Double thickness of polyethylene encasement shall be provided on ductile iron pipe and fittings at the locations as shown on the Plans. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. END OF SECTION 02565-7 Section 02566 Polyethylene Encasement TECHNICAL SPECIFICATIONS POLYETHYLENE ENCASEMENT A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for polyethylene encasement of pipe, fittings, valves and other appurtenances as shown on the Plans and hereinafter specified. B. MATERIALS Polyethylene Encasement. Polyethylene shall be in conformance to ANSI/AWWA C105, latest revision. The polyethylene film shall have a minimum nominal thickness of .008 inch (8 mils), and shall be provided in either flat tube or sheet form, at the option of the Contractor. C. LOCATION Polyethylene encasement shall be provided on all buried ductile iron pipe and fittings, except where ductile iron pipe is placed in steel encasement. Double thickness of polyethylene encasement shall be provided on ductile iron pipe and fittings at the locations as shown on the Plans. D. CONSTRUCTION Polyethylene encasement shall be installed in accordance with ANSI/AWWA C105, latest revision, for either Method A, B or C installation. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. END OF SECTION 02566-1 Section 02570 HDPE Pipe/Fittings TECHNICAL SPECIFICATIONS HIGH -DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of HDPE pipe water lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. The pipe and fittings shall be made Extra High Molecular Weight (EHMW) high - density polyethylene with a standard thermoplastic material designation code of PE3408 and having a cell classification of 345464C per ASTM D3350. 2. Materials used to manufacture pipe and fittings shall be • listed under the manufacturer's name in the Plastics Pipe Institute (PPI) TR-4, "PPI Listing of Hydrostatic Design Basis (HDB), Strength Design Basis (SDB), Pressure Design Basis (PDB), and Minimum Required Strength (MRS) Ratings for Thermoplastic Piping Materials or Pipe." The manufacturer shall supply a product with a standard grade HDB rating of 1,600 psi (minimum) at 73°F and .800 psi (minimum) for 140°F. Upon request, the manufacturer shall supply certification that the materials used to manufacture the pipe and fittings meet the above requirements. 3. All materials, which come in contact with water, including lubricants, shall be evaluated, tested and certified for conformance with ANSI/NSF Standard 61. L'I I I The materials shall meet the following nominal physical property requirements: PROPERTY TEST METHOD (1) NOMINAL VALUE Material Designation PPI/ASTM PE3408 Cell Classification O3350 345464C Density, Natural D1505 0.946 gm/cc Density, Black D1505 0.955 gm/cc Melt Index 190°C/21.6 kg) D1238 0.07 m/10 min Flow Rate 190°C/21.6 kg) O1238 8.5 m/10 min Tensile Strength at Ultimate O638 5,000 psi Tensile Strength at Yield D638 3,500 psi Ultimate Elongation D638 >800% Flexural Modulus, 2% Secant D790 136,000 psi Environmental Stress Crack Resistance (ESCR) F0, Condition C PENT D1693 F1473 >10,000 hrs. >100 hrs. Brittleness Temperature • D746 <-180°F Hardness, Shore D D2240 64 Vicat Softening Temperature D1525 255°F Izod Impact Strength, Notched D256 7 ft-Ib,/in . . 02570-1 Section 02570 HDPE Pipe/Fittings C. Modulus of Elasticity (short-term) 0638 125,000 psi Modulus of Elasticity (long-term) D638 30,000 psi Thermal Expansion Coefficient D696 1.0 x 10 in/in/°F Average Molecular Weight GPC 330,000 PPI Hydrostatic Design Basis: (As listed in PPI TR-4 D2837 1,600 psi @73.4°F 800 psi @ 140°F 1) Test procedures are ASTM unless otherwise specified. (PPI = Plastics Pipe Institute, and GPC = Gel Permeation Chromatography.) POLYETHYLENE PIPE AND FITTINGS Pipe and tubing furnished under this Specification shall be manufactured from compounds in compliance with above requirements. The dimensional and performance characteristics shall conform to the requirements of the most current version of AWWA C-901 (1/2" through 3") or C-906 (4" through 63"). Each lot of material shall be tested for melt index, density and percent carbon. Upon request, the manufacturer shall furnish test data. I 1 I I 2. Polyethylene fabricated fittings shall be manufactured from polyethylene pipe, sheet stock or molded fittings meeting the material requirements of this Specification and all appropriate requirements of AWWA C-901 or AWWA C-906. 3. Pipe shall be pressure rated using the certified HDB shown above and shall be determined in accordance with the following formula: P= 2.S.DF DR -f Where DR = Dimension Ratio = D/t P = Internal Pressure, psi S = Long-term hydrostatic strength, psi (1,600) D = Actual outside diameter, inches t = Minimum wall thickness, inches DF = Design Factor, dimensionless (0.5 for water @ 73.4°F) The Pressure Class (PC) of the polyethylene pipe and fittings shall be specified on the basis of the Working Pressure Rating (WPR) of the water system as defined in AWWA C-906. Recurring pressure surges (RS) are those that occur frequently and are inherent in the design and operation of the system such as normal pump startup or shutdown and normal valve opening and closing. Occasional pressure surges (OS) are those that occur infrequently and are usually the result of a malfunction such as pipe seize -up, valve stem or pressure relief valve failure. The WPR shall be the lesser of the following: (a) WPR=PC PC (b) WPR = 1.5PC — RS (c) WPR = 2.OPC - OS All pipe shall have a DR of 9. The WPR as determined above shall be 200 psi. I I I I I 02570-2 Li I Section 02570 HDPE Pipe/Fittings I 4. Polyethylene fittings, including custom fabrications, shall have the same internal pressure rating as the mating pipe. At the point of fusion, the wall thickness and outside diameter of the fitting shall be in accordance with AWWA C-901 or AWWA C-906 for the same pipe size. 5. The pipe. manufacturer's quality system shall be certified to be in accordance with ISO 9001:2000. D. JOINING Heat. Fusion. Pipe and fittings shall be joined by one of the following types of thermal fusion per the manufacturer's recommended procedures: Butt fusion, Saddle fusion, or Socket fusion. Upon request, the manufacturer shall provide fusion training by authorized personnel or an authorized representative. The Contractor shall be responsible for ensuring that personnel have received proper training per the manufacturer's recommended procedure. Records of training shall be maintained by the ■ Contractor and should not exceed 12 months from date of construction. I I I I' I I I Butt fusions performed between pipe ends or pipe ends and fitting outlets shall be within the' following allowable wall mismatches: a. 2 DR difference for b. 1 DR difference for C. No difference for di The difference in • DR's is 13.5, 17; 21,26 and 32.5. pipe and fitting diameters 6 inch IPS and smaller. above 6 inch through 18 inch. ameters above 18 inch. determined from the following DR values: 7.3, 9, 11, 2. Other Methods of Joining. Polyethylene pipe and fittings may be joined together or to other materials through the use of electro-fusion fittings, flange adapters with back-up rings, mechanical couplings designed for connecting polyethylene pipe and fittings to itself or to another material, or MJ adapters. The manufacturer of the joining device shall be consulted for proper installation procedures. E. MARKING Pipe and tubing shall be. permanently marked in accordance with all applicable standards per this Specification. Marking shall be. heat stamped indent print and shall remain legible under normal handling, and installation practices. 2. Fittings shall be marked on the body or hub. Marking shall be in accordance with the applicable standard, depending upon the fitting type. Mechanical fittings shall be marked with size, body, material designation code, pressure rating and the manufacturer's name or trademark. F. WORKMANSHIP Pipe, tubing and fittings shall be homogenous throughout, and free of visible cracks, holes, foreign inclusions, blisters, dents or other injurious defects. The pipe, tubing and fittings shall be as uniform as commercially practicable in color, opacity, density, and other physical properties. I 02570-3 Section 02570 HDPE Pipe/Fittings G. TESTING 1. The Contractor shall be responsible for field set-up and performance of the fusion equipment and the fusion procedure used by the operator. Upon request, the Contractor shall verify the fusion quality by making and testing per the manufacturer's recommended qualification procedure. The Contractor shall be responsible for the necessary adjustments to the set-up, equipment, operation and fusion procedure. Fusions that fail the qualification procedure shall be remade. 2. Hydrostatic testing shall be conducted in accordance with the manufacturer's recommended testing procedures. H. THIRD -PARTY CERTIFICATION 1. The performance requirements of the pipe and fittings shall comply with the most current version of AWWA C-901 or AWWA C-906. The manufacturer shall be listed with NSF -61 certification and include the third -party certification within the print -line of the product. END OF SECTION I Ii 02570-4 1 Section 02595 PVC W/L TECHNICAL SPECIFICATIONS POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR WATER LINE A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of polyvinyl chloride (PVC) pipe water lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. - B. MATERIALS 1. Polyvinyl Chloride (PVC) Pipe. PVC pipe shall conform to the requirements of AWWA C900 and ASTM D-2241, latest revisions. 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. The PVC pipe provided on this project shall be designed to the following pressure • rating: Diameter Standard DR. 2"-3" ASTM D2241 17 4"-8" AWWA C900 14 Joints for PVC Pipe. All joints for PVC pipe shall comply with ASTM Specification D-3139, "Joints for Plastic Pressure. Pipes Using Flexible Elastomeric Seals." Joint bells shall be formed integrally with the pipe and shall have a raceway or groove which is specially formed to accept and retain the gasket. Pipe spigots shall be beveled and shall have insertion stop marks. Qualification tests of the joint design shall result in no leakage under various laboratory test conditions of joint alignment and pressure at 2-1/2 times rated pressure and at 22 inches (560 mm) Hg vacuum. 3. Fittings for PVC Pipe. All fittings for PVC pipe shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C153/A21.53, latest revision, for "Ductile Iron Compact Fittings, 3 Inch Through 16 Inch, for Water and Other Liquids." All fittings shall have a minimum pressure rating of 350 psi and shall be light -weight (compact) fittings, unless otherwise shown on the.Plans and shall be "Made in U.S.A." All' fittings shall be restrained using Megalug glands and reaction backing. 4. Gaskets for PVC Joints and Fittings. Gaskets shall be molded or extruded from a high grade, properly vulcanized, elastomeric compound consisting of either a basic natural or synthetic rubber. Gaskets shall be marked to show IPS for pressure 02595-1 Section 02595 r PVC W/L rated pipe, nominal pipe size, manufacturer's identification, and year of manufacture. Gaskets shall be color striped on the side of the gasket that faces the open bell to facilitate proper installation. Gaskets shall comply with the 1 requirements of ASTM Specification F-477, "Elastomeric Seals (Gaskets) for Joining Plastic Pipes." 5. Lubricant for PVC Joints and Fittings. Lubricant shall be suitable for water piping ■ use at temperatures from 5° to 120° F (-15° to 50° C). It shall have no deteriorating effect on the gasket or pipe material. It shall be non-toxic and not support the growth of bacteria. It shall be water soluble and shall not impart taste or odor to water in the water line which has been properly flushed. Containers shall be labeled with the manufacturer's name and identified as PVC pipe joint lubricant. Each lubricant container shall have printed instructions for usage and joint assembly. Pipe Embedment Material. Pipe embedment materials shall be: a. Materials meeting either ASTM D448 Size No. 7 or ASTM D27754. I In no case shall the maximum dimension or rock exceed 0.5 inch; nor shall any products that contain lead be used. 7. Independent Laboratory Inspection. PVC pipe and PVC pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The Contractor shall furnish to the Engineer, prior to delivery, manufacturers' certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipe proposed to be furnished. i If evidence appears that all provisions of the applicable ASTM Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. 8. Tracer Tape. Tracer tape shall be detectable marker tape 3 inches wide with the words "BURIED WATER LINE BELOW" printed along the tape in 1-1/4 inch minimum letter height. Magnetic tape shall be traceable by either conductive or inductive methods. 9. Tracer Wire. Tracer wire shall be 14 gauge coated copper for underground burial. 10. Tapping Sleeve and Valve. Tapping sleeves shall be designed for 200 psi and shall be JCM Type 432 for pipe 6 through 12 inches and JCM Type 412 for pipe greater than 12 inches, or approved equal. Tapping sleeves shall be vinyl coated. 02595-2 1 Section 02595 PVC W/L C. POLYVINYL CHLORIDE PIPE WATER LINE CONSTRUCTION General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water, provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. 2. Alignment and Grade. The water main shall be laid and maintained to the required lines and grades with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. 3. Installing Butterfly Valves in Polyvinyl Chloride Pipe. When installing butterfly valves in PVC pipe, the Contractor shall hone, if necessary, the inside of diameter of the pipe to ensure that the disc of the butterfly valve will operate in its full range. Contractor shall perform this task in the presence of the Engineer or his representative. 4. Installing Polyvinyl Chloride Pipe. Pipe fittings shall be installed in conformance with the recommendations of ASTM D-2774, "Underground Installation of Thermoplastic Pressure Piping," and in conformance with the Specifications hereinafter set out. 5. Trench Excavation. The trench shall be excavated to at least 6 inches below the grade required to provide a minimum of 36 inches of pipe cover. 6. Polyvinyl Chloride Pipe Embedment. All PVC pipe shall be embedded. The pipe shall be bedded from a point a minimum of 6 inches below the bottom of the pipe barrel. Bedding above the pipe shall be 12 inches above pipe barrel. All overexcavation below the pipe shall be backfilled with pipe embedment material at the Contractor's expense. The additional material required will be placed in 8 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shalt be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe 'barrel. 7. Concrete Reaction Backing. All PVC pipe fittings shall have concrete reaction backing as well as Megalug restraints. Backing shall be placed between solid ground and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail sheet of the Plans or as directed by the Engineer. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with Visqueen prior to the placement of reaction backing. There is no pay item for concrete for reaction backing. This item shall be considered subsidiary to water line installation. 02595-3 Section 02595 PVC W/L 8. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed as specified elsewhere in these Specifications. 9. Testing of Polyvinyl Chloride Water Lines. Newly laid water lines shall be hydrostatically tested as specified elsewhere in these Specifications for flushing, disinfecting and testing of water lines. 10. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. END OF SECTION 02595-4 II Section 02639 Fire Hydrants II II II I I I TECHNICAL SPECIFICATIONS FIRE HYDRANTS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, . equipment, tools, supplies, and incidentals necessary for the construction of fire hydrant assemblies. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS Catalog Data and Assembly Drawings. For all fire hydrants, auxiliary gate valves and valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer prior to delivery, catalog data, including illustrations and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the fire hydrant as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for review by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve: All valves shall be furnished in accordance with the certified drawings after they have been reviewed by the Engineer. 2. Fire Hydrants. All fire hydrants furnished and installed on this project shall be dry 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 Chrome Yellow above ground line. Three-way hydrants shall be Mueller Centurion hydrants, Catalog No. A-423, or equal. a. Hydrant Inlet. The hydrant shall have a 6 inch mechanical joint inlet in conformance to the dimensions shown in ANSI/AWWA C110/A21.10, latest revision. b. Main Valve Openings. Three-way hydrants shall have a 5-1/4 inch valve opening. c. Fire Hydrant Connecting Pipe. The connecting pipe shall be ductile iron pipe as specified elsewhere in these Specifications. Three-way hydrants shall have 6 inch connecting pipes. d. Hydrant Barrels and Extensions. All fire hydrants shall be equipped with a two-piece barrel having a flange at the ground line. The pipe shoe shall be designed for. a minimum 42 inch bury. However, the Contractor shall provide extensions (Mueller A-320 or equal) as necessary to set the hydrants to the proper elevations at each location. 02639-1 Section 02639 ' Fire Hydrants e. Nozzles. Three-way hydrants shall be equipped with two 2-1/2 inch hose nozzles and one 4 inch pumper nozzle. Operating Nut. The operating nut shall be a nominal 1-1/2 inch pentagon, National Standard operating nut designed to open left (counterclockwise). Safety Stem Coupling and Safety Flange. All fire hydrants shall be equipped with a safety stem coupling and flange which are intended to fail upon vehicle impact without damage to the stem or main valve. h. Testing. All fire hydrants shall be tested in accordance with AWWA C502, latest revision. ' i. Affidavit of Compliance. The manufacturer shall furnish to the Engineer, prior to delivery, an affidavit stating that the fire hydrant and all materials used in its construction conform to the requirements of AWWA C502, latest revision, and these Specifications, and that all tests specified therein have been performed and that all test requirements have been met. 3. Auxiliary Gate Valves, Valve Boxes, and Valve Box Collars. All fire hydrant installations shall have auxiliary gate valves, valve boxes, and valve box collars meeting all provisions specified elsewhere in these Specifications. 4. Connecting Pipe. The fire hydrant assembly shall have a connecting pipe between the mechanical joint end of the auxiliary gate valve and the fire hydrant. The connecting pipe shall be of the length indicated by the Engineer and shall be a locked hydrant adapter so that no joint separation will occur under pressure. 5. Concrete. All concrete used for reaction backing and valve box collars shall be in conformance with the Concrete section of these Specifications. There is no additional pay for concrete for reaction backing or for valve box collars. This item shall be considered subsidiary to fire hydrant installation. C. CONSTRUCTION All fire hydrants shall be installed at the location shown on the Plans or at the direction of the Engineer and shall be installed in accordance with the detail sheet of the Plans and these Specifications. 1. Examination of Material. Prior to installation, all hydrants shall be inspected for direction of opening, cleanliness of inlet elbow, handling damage, and cracks. 2. Placement. All hydrants shall stand plumb within a tolerance of 1/8 inch 1 horizontally in 12 inches vertically. The nozzles shall be parallel with, or at right angles to, the street with the pumper I nozzle facing the curb or street. Hydrants shall be set to established grade with the nozzle centerline at least 18 inches above the ground, unless otherwise directed by the Engineer. 02639-2 1 Section 02639 1. Fire Hydrants 3. Location. Unless otherwise shown on the Plans, the hydrants shall be placed as I. follows. a. When placed beyond the curb, the hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be less than 6 inches nor• more than 12 inches from the gutter face of the curb. b. When set in the lawn space between the curb and the sidewalk, or between the sidewalk and the property line, no portion of the hydrant or nozzle cap• shall be within 6 inches of the sidewalk. 4. Connection to Mains. Each hydrant shall be connected to the main with a 6 inch ductile iron pipe branch and independent 6 inch gate valve as shown on the Plans. The 6 inch branch of the main line fittings shall be equipped with retaining lip and swivel gland for positive restraint without tie rods. 5. Hydrant Drainage in Pervious Soil. Wherever a hydrant is set in soil that is pervious, drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with coarse sand from the top of the concrete reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance of 1 foot around the elbow. No drainage system shall be connected to a sewer. Waste opening shall not be blocked by polyethylene encasement or concrete encasement. ' 6. Hydrant Drainage in Impervious Soil. Wherever a hydrant is set in clay or other impervious soil, drainage shall be provided at the base of the hydrant by placing I. coarse gravel or crushed stoneS mixed with sand from the top of the reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance 3 feet around the elbow.. No drainage system shall be connected to a sewer. 7. Reaction Backing. The bowl of each hydrant shall be braced against unexcavated earth at the end of the trench with concrete reaction backing as shown on the Plans or directed by the Engineer. IN NO CASE SHALL THE CONCRETE BACKING BLOCK OR IMPEDE FLOW FROM THE FIRE HYDRANT DRAIN PORTS. END OF SECTION I I 02639-3 Section 02640 Air ReleaseNacuum Valve TECHNICAL SPECIFICATIONS AIR RELEASE AND VACUUM VALVE ASSEMBLIES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of combination air release and vacuum valve assemblies. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Manholes and Vaults. All manholes and vaults housing the valve assemblies shall be cast -in -place or precast reinforced concrete manholes and vaults as set out below. a. Cast -In -Place Manholes. Cast -in -place manhole walls shall be constructed of nonreinforced concrete meeting the requirements of the Concrete section of these Specifications. 1) Manhole Diameter and Wall Thickness. Each manhole shall have an inside diameter as shown on the Plans with an 8 inch wall thickness. 2) Manhole Top. The manhole shall have a flat slab top constructed of I. steel reinforced concrete. b. Precast Manholes. All precast manholes shall be manufactured in conformance with ASTM C478, latest revision, for `Precast Reinforced Concrete Manhole Sections." 1) Manhole Diameter and Wall Thickness. Each manhole shall have an inside diameter as shown on the Plans and have a designed wall thickness depending upon the required depth of bury. 2) Manhole Top. The manhole shall have a flat slab top constructed of steel reinforced concrete. The top shall be equipped with lifting eyes and have an opening compatible for use with the manhole bolted ring and lid as specified. 3) Joint Sealer. The Contractor shall provide a watertight preformed flexible plastic gasket joint sealer, "Ram -Neck," or approved equal. 4) Affidavit of Compliance and Assembly Drawings. The manufacturer shall furnish to the Engineer prior to delivery an affidavit stating that • all materials used in the construction of precast manhole sections are in compliance with the requirements of ASTM C478, latest revision, and that all tests specified therein have been performed. • The manufacturer shall also submit prior to delivery three sets of 02640-1 Section 02640 Air ReleaseNacuum Valve certified drawings for approval by the Engineer. The drawings shall show the principal dimensions, construction details, depth, and materials used for construction of the manhole for each location. 2. Watertight Manhole Rings and Lids. All castings for manhole frames, covers and other purposes must be of tough gray iron, free from cracks, holes, swells and cold shuts, shall be of workmanlike finish, and shall conform to the Plans. The quality shall be such that a blow from a hammer will produce an indentation on a rectangular edge of the casting without flaking the metal. Before leaving the foundry, all castings shall be thoroughly cleaned and subjected to a hammer inspection. Manhole rings and lids shall have a combined weight of not less than 300 pounds and shall be in accordance with the dimensions shown on the Plans. The manhole frame and lid shall be of watertight construction with gasket seals and bolted covers. Bolts shall be stainless steel, brass, or equal. 3. Pipe and Pipe Fittings. Pipe shall be of the type shown on the Plans or specified in conformance to the Pipe Sections of these Specifications. 4. Gate Valves. Gate valves shall be as set out elsewhere in these Specifications and shown on the detail sheet of the Plans. Steel Pipe and Pipe Fittings. Steel pipe shall be Schedule 40 welded or seamless steel pipe. All fittings and joints shall be seal welded unless otherwise shown on the Plans. Spot welding will not be allowed. 6. Combination Air Vacuum/Air Release Valves. The Contractor shall provide and install combination air release valves according to the size shown on the Plans and these Specifications. All valves shall be manufactured by Apco Valve and Primer Corporation, Val-Matic, or approved equivalent. Combination air valves shall be of the custom built style consisting of a standard air release valve piped with a shutoff valve to a standard air/vacuum valve. The custom built combination air valve shall have a 4 inch 250 lb. flanged inlet with a 4 inch diameter plain outlet having a protective hood to prevent debris from entering the valve. The air release valve shall have a 2 inch NPT inlet, 1/2 inch NPT outlet and 1/8 inch diameter orifice for 200 psi maximum working pressure. Materials of construction shall be as follows: bodies and covers shall be of cast iron; floats, leverage mechanism and all other trim shall be stainless steel with the exception of the Buna-N seat and adjustable Viton orifice button. 7. Crushed Limestone. Crushed limestone aggregate shall be provided as shown on the Plans. The aggregate shall be of the size passing a 2 inch sieve and retained on a 1-1/2 inch sieve. 8. Manhole Steps. Manhole steps shall be 10 inches wide and shall be constructed of steel reinforced fiberglass. Manhole steps shall be Perma-Step Model 100-2 as manufactured by Utility Products, Inc., or equal. 02640-2 I Section 02640 Air ReleaseNacuum Valve I I I I I I I I 9. Painting Ferrous Metals Above Grade. All above -ground vent piping from the air release valve installations shall be painted as follows: Field Primer. Tnemec Series 66 H.B. Epoxoline, 4-6 mils. Finish Coat(s): Tnemec Series 73 Encura-Shield, 2-4 mils. 10. Painting Ferrous Metals Below Grade. All underground vent piping from the air release valve installations shall be coated as follows: Prime Coat: None. Finish Coat: 1 coat (heavy) Bitumastic 300-M. 11. Paint Color. Colors not specified or indicated on the Plans shall be as selected by the Engineer. C. EXECUTION Location and Grade. Air release and vacuum valves shall be located as generally set out on the Plans. However, the exact location of the valve assembly shall be determined in the field. Pipeline shall be laid on a positive grade approaching the air release and vacuum valve assemblies and on a negative grade leaving the assemblies. 2. Excavation for Manholes and Vaults. Excavation for, manholes and vaults housing the air release and vacuum valves will be made of such dimension and depth as to allow the construction of the manhole and vault as shown on the Plans. No extra payment shall be made for excavation, and all surface removal shall be as set out elsewhere in these Specifications. 3. Curing. On cast -in -place manholes and vaults, curing compounds or covers may not be used. However, it will be the responsibility of the Contractor to protect the concrete to prevent cracking during the curing process and to protect the manhole and vault during freezing temperatures. 4. Backfilling. All structures shall be backfilled evenly around their perimeter no less than 12 hours after the forms have been removed. Extra care shall be taken to compact all backfill to the top of the highest pipe entering the structure. Backfill shall be graded so that drainage is away from the structure in all directions. END OF SECTION 1 02640-3 I Section 02642 Gate/BF Valves i C I I I TECHNICAL SPECIFICATIONS GATE VALVES AND BUTTERFLY VALVES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the installation of gate valves and butterfly valves. The work, shall include every item of construction necessary fora complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS Valves specified in this section are intended for buried use on water distribution lines, for use as auxiliary valves for fire hydrants, and for use within structure walls. Unless otherwise shown on the Plans, all valves 12 inches (nominal diameter) and larger shall be butterfly valves. All valves smaller than 12 inches (nominal diameter) shall be gate valves. Catalog Data and Assembly Drawings. For all gate valves, butterfly valves and valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer prior to delivery, catalog data, including illustrations. and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the valve as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for approval by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve. All valves shall be furnished in accordance with the certified drawings after they have been approved by the Engineer. Gate Valves (0-200 psi Working Pressure). Unless otherwise shown on the plans, all gate valves furnished and installed shall be non -rising stem gate valves, in conformance with the requirements of AWWA C509, latest revision, for "Resilient Seated Gate Valves; 3 Through 12 NPS, for Water and Sewage Systems." All gate valves shall be Mueller resilient seat gate valves, Catalog No. A 2360-20, or approved equal, and shall be designed for 200 psi minimum working pressure. a. Stem Seal. All gate valvesshall have "O" ring stem seals. The "O" ring stem seal shall be so designed that the seal above the stem collar can be replaced with the valve under pressure in the full -open position. b. Valve Ends. All gate valves shall have standard mechanical joint ends unless tapping valves, valves with flanged ends, or valves of a special nature are indicated on the Plans. • c. Operation. All buried gate valves shall be designed for, operation with a nominal 2 inch square operating nut. The standard direction of opening shall be open left (counterclockwise) as viewed ,from the top. Where shown on the Plans or specified, handwheels in conformance to AWWA C509 shall be provided. d. Interior Protective Coating. The interior of the valve shall have a protective interior coating in compliance with• AWWA C550, latest revision,. for "Protective Interior Coatings for Valves and Hydrants." 02642-1 Section 02642 , Gate/BF Valves I e. Testing. The valve shall be tested in accordance with AWWA C509, latest revision. I f. Affidavit of Compliance. The manufacturer shall furnish to the Engineer prior to delivery, an affidavit stating that the valve and all materials used in its construction conform to the requirements of AWWA C509 and AWWA C550, latest revisions, and that all tests specified therein have been performed and that all test requirements have been met. 3. Butterfly Valves (Buried). Butterfly valves shall be in complete conformance to AWWA C504 for Class 250B and shall be mechanical joint, Pratt Groundhog or DeZurik, as set out below: a. Working Pressure: 250 psi. b. Closure: Bubble -tight at working pressure differential. c. Valve Body: ASTM A-1 26 Class B cast iron. The use of a stop in the valve body for limiting travel of the disc will not be acceptable. Valves 30 inches or larger shall have a valve port diameter no more than 1 inch smaller than nominal. d. Valve Disc: 4 Inch through 20 Inch: ASTM A-126 Class B with 316 stainless steel edge. 24 Inch: ASTM A-48 Class 40 cast iron with 316 stainless steel edge. 30 Inch through 48 Inch: ASTM A-536 ductile iron with 316 stainless steel edge. Valves 30 inches and larger shall be of flow -through design, with no hollow chambers or ribs transverse to the flow. e. Valve Seat: Buna-N rubber located in the valve body only. The seat shall be retained in the body without the use of retaining rings, segments, or screws of any kind in the flowstream. Valves through 20 inch size shall have a bonded seat design. f. Valve Shaft: ASTM A-276, 304 stainless steel. g. Hand Operator: Pratt MDT traveling nut operator with 2 inch standard AWWA operating nut. Operator components shall withstand an input of 450 ft-lbs of torque at extreme operator position. h. Valve Box and Appurtenances: All buried valves shall be equipped with iron valve boxes, Clow F2450, 5-1/4 inch shaft diameter, or equal, consisting of base, extension, and cover. All valves with greater than 6 foot bury shall be equipped with a permanent extension stem, extending to the ground with operating nut. The covers shall be marked "WATER." i. Opening: Open left (counter -clockwise). j. Alignment Ring: Valve box self -centering alignment ring by American Flow Control of Birmingham, Alabama, or equal. 4. Outside Coating. All gate or butterfly valves shall have either a bituminous exterior coating or shall be delivered to the site factory cleaned and primed as set out below. 02642-2 1 Section 02642 Gate/BF Valves Factory Primed Valves. Unless otherwise shown on the Plans, all exposed valves within the limits of structure walls or any valves exposed above ground shall be delivered to the job site factory blasted, cleaned and primed with one coat of Tnemec 140-1211 Pota-Pox Plus, or approved equal. (See also Section 09800 of these Specifications.) b. Bituminous Coating. All valves indicated for. buried service shall have a bituminous coating in accordance with applicable AWWA Standards. 5. Valve Boxes. All buried valves shall be equipped with cast iron valve boxes. The valve boxes, including all appurtenances, shall be 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. The manufacturer shall submit three sets of drawings prior to delivery for approval by the Engineer, showing the principal dimensions, construction details, and materials used in construction of the valve box. 6. Concrete. All concrete used for the placement of valve box collars shall be in conformance to the Concrete section of these Specifications. C. CONSTRUCTION All valves shall be installed at the locations shown on the Plans or at the direction of the Engineer, and shall be installed in accordance with the detail sheet of the Plans and these Specifications. 1. Valve Installation. Gate and butterfly valves shall be installed in accordance with AWWA C600, latest revision, Sections 3.3 and 3.6, and with either AWWA C504 or AWWA C509, as applicable, latest revisions (appendices included), the manufacturer's recommendations, and these Specifications. 2. Visual Inspection. Prior to installation, all valves shall be visually inspected for defects, and, any foreign material in the valve interior removed. The valve shall also be operated through its full range and compared to the manufacturer's published information. 3. Valve Boxes. A valve box as specified shall be provided for each valve used in a buried service application. The valve box shall be installed so as not to transmit shock or stress to the valve. The valve box shall be centered and plumb over the operating nut of the valve with the box cover flush with the surface of the finished pavement or such. level as directed by the Engineer. The valve box shall be backfilled evenly around its perimeter with select material. The material shall be hand tamped so that the ground will not settle after placement of the concrete collar. 4. Valve Box Collar... All valve box lids shall have an 18 inch square concrete collar placed around them. The collar shall be centered on the valve box lid and shall be 6 inches thick. The top of the pad shall be flush with the top of the box and the surrounding ground or roadway surface. Valve box collars shall not be installed until every item of cleanup has been completed. 5. Dead Ends. Valves located at the end of pipelines shall have ductile iron plugs or caps with or without blowoff cocks as shown on the drawings. All dead end valves 02642-3 Section 02643 Testing/Disinfection TECHNICAL SPECIFICATIONS FLUSHING, HYDROSTATIC TESTING, DISINFECTION AND DYNAMIC TESTING OF WATER LINES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the flushing, hydrostatic testing, disinfection, and dynamic testing of water lines. The. Owner will make application, and pay the fee to secure the test water discharge permit. Water for flushing, testing and disinfecting all facilities will be supplied by the Owner. The Contractor shall discharge testing and disinfection water in accordance with NPDES General Permit ARG670000. The Contractor shall schedule and coordinate this work to. ensure that it will not be carried on during periods of high water usage. B. FLUSHING. TESTING AND DISINFECTION After completion of construction of all water lines, the Contractor shall flush, test and disinfect the new water lines as set out below. A reasonable amount of water will be furnished to the Contractor by the Owner, free of cost to the Contractor. Should the Contractor require additional amounts of water due to water line breaks or neglect on the part of the Contractor, water shall be purchased from the Owner at their bulk rate. Quantities of water which will be paid for by the Contractor shall be determined by the Engineer. Flushing. The Contractor shall, fill and flush the newly constructed lines and visually check all combination air release and vacuum valves, blowoff valve assemblies, line valves, and fire hydrants to assure proper operation. The Contractor may use fire hydrants for flushing of water lines. If no fire hydrants exist; the Contractor shall provide the necessary equipment in order to flush lines. All flushing shall comply with AWWA 651, latest revision. 2. Hydrostatic Testing. All pipe on this project shall be tested as set out in AWWA C600, latest revision. Tests will be conducted after the line is completed and backfill made, except those areas around valves and fire hydrants may be left open at the discretion of the Contractor. Test Pressure and Duration. The line shall be tested at 150 percent of the normal working pressure. The Engineer, will assist the Contractor in determining test pressure at any given point.. The Contractor shall provide all pumps or other equipment necessary to maintain the test pressure within ±5 pounds per square inch at the test point for a period of two hours. b. Definition of Leakage. The leakage test shall be conducted concurrently with the pressure test. Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain pressure within 5 psi of the above specified test pressure after the air in the pipeline has been expelled and the pipe has been filled with water. Leakage shall not be measured by a drop in pressure in a test section over a period of time. 1 02643-1 Section 02643 Testing/Disinfection The Contractor shall be responsible for providing all pumps, equipment and I appurtenances necessary to maintain the above specified test pressure, and to meter the water supplied to the line in order to maintain the test pressure within the limits specified. c. Allowable Leakage. Leakage for water pipe shall be within the limits set out in AWWA C600, latest revision. Should any test of pipe laid disclose leakage greater than that specified, the Contractor shall, at his own expense, locate and repair the defective joints, and retest the line until the leakage is within the specified allowance. d. Visible Leaks. All visible leaks are to be repaired regardless of the amount of leakage. 3. Disinfection. After successful testing, the Contractor shall empty the line of water. The line shall then be disinfected in accordance with AWWA C651, latest revision, for "Disinfecting Water Mains," continuous feed method, except that the placing of hypochlorite granules into the main during construction will not be permitted. The transmission line and facilities shall be considered sterilized after the Owner has received negative reports on samples taken along the line and at each facility and sent to the Arkansas Department of Health for testing. Negative reports must be received on samples taken at 24 -hour intervals. The Owner shall obtain and deliver samples to the Arkansas Department of Health for testing. 4. Dynamic Testing. After sterilization is complete the Contractor shall then flush the sterilizing solution from the lines, and the lines will then be placed into service. The Contractor shall furnish personnel to assist the Owner in the operation of all valves, etc., to initially start up the system. 5. Acceptance. Upon successful completion of the sterilization, the dynamic test, and final cleanup, this contract will be considered complete. I END OF SECTION I 1 I 02643-2 1 II Section 02660 Water Service Reconnection 11 TECHNICAL SPECIFICATIONS WATER SERVICE RECONNECTION A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of water service settings. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified: B. MATERIALS I. 1. Meter Box. Meter boxes shall be PVC 18 inches diameter x 24 inches high, PVC, Mueller/McCullough, having a cast iron locking lid, Crouch Foundry C-109. 2. Corporation Stops. Corporation stops shall be 3/4 inch Mueller B-25008, or approved equal, with Pack -Joint coupling for copper tubing size tubing. I II II Ii 3. Service Lines. Type "K," soft tempered, seamless copper in accordance with ASTM B-88. 4. U -Branch. U -branch shall be 3/4 inch and 7.5 inch width Mueller 15363. 5. Meter Yoke. Meter yoke shall be 5/8 inch x 3/4 inch, having angle key valve and check, Mueller H-1402. 6. Trace Wire. Trace wire shall be 14 gauge coated copper for underground burial. 7. Tapping Saddles. All 1 inch service saddles shall be made from ductile or malleable iron provided with a shop coat and designated for a working pressure of 200 psi. A rubber gasket shall be provided between the casting and pipe surface. Saddle straps and bolts shall be high strength corrosive resistant alloy steel; Saddles shall be as manufactured by Mueller & Romac. C. EXECUTION The service settings shall include everything necessary except the meter itself which will be installed by the Fayetteville Water and Sewer Department after receipt of a safe report from the Arkansas Department of Health. Service lines shall be laid to a minimum depth of 2 feet 6 inches, or as required by specific conditions. Ditches shall be of a minimum width. A 14 gauge coated copper trace wire shall be installed in the ditch line adjacent to the service line from the main line to the point of connection or to the meter box. The trace wire shall be connected to the water line and to the meter yoke. Backfill, compaction, II 02660-1 Section 02660 Water Service Reconnection 1, cleanup and pavement repair shall be as provided for elsewhere in these Specifications. I The surface area disturbed in the construction of water service settings shall be cleaned up and seeded in accordance with the appropriate section of these Specifications. The Contractor shall set the new meter boxes, service lines, etc. at the general location 1 shown on the Plans and specific location as directed by the Engineer. In order for the Engineer to designate the exact location for the new meter setting location, the Contractor shall first excavate or otherwise spot the exact location of the existing service line in the 1 general area the new service is to be set. After the new line is in service, the Contractor shall furnish the services of a licensed 1 plumber to connect the new meter setting to the existing customer service line. This portion of the service setting will require inspection by the Plumbing Inspection Department of the City of Fayetteville. The Contractor is responsible for paying permit I fees related to the required inspection END OF SECTION I fl I 1 I I I 02660-2 1 Section 02920 Pipeline Cleanup/Seeding TECHNICAL SPECIFICATIONS PIPELINE CLEANUP AND SEEDING A. GENERAL The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, materials, supplies and incidentals necessary for completing cleanup of the entire work area utilized for the construction of pipeline work and for completing successful seeding, fertilizing and mulch of work areas except those areas shown on the Plans not to be seeded. There is no separate pay item for cleanup, and this work shall be considered subsidiary to the unit price bid for sewer pipe. Cleanup shall be considered an important part of this project, and adequate equipment and qualified personnel shall be applied to this phase of the work from the very beginning of the project. A portion of the price bid for pipeline may be retained from periodic payment estimates of pipeline lengths for "incomplete work" commensurate with the Engineer's estimate of the cost of completing the cleanup and required successful seeding, fertilizing and mulching. There are generally four classifications of cleanup to be used on this project, as set out below. Class I Cleanup. Areas of construction within lawns, gardens, or other well -kept areas, including street. rights -of -way that are kept as lawns by adjacent landowners. Class II Cleanup. Areas of construction within fields, meadows and street rights - of -way which are mowed or cultivated (gardens excepted). Class III Cleanup. Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it is not practical for the area to be .cultivated. Special Cleanup. Unless otherwise noted under. paragraph B.4 of this Specification, no special cleanup will be required. Schedule. Cleanup of all classes shall be performed immediately after pipe installation. Cleanup shall be completed on each pipeline segment, including seeding and mulching. The Owner reserves the right to require cleanup be completed prior to installing other pipelines. B. METHOD OF CLEANUP The method of cleanup for each of the classes defined above shall be as set out below: Class I Cleanup - Lawns, Gardens, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the topsoil has been spread over the damaged areas, the Contractor shall proceed immediately to hand rake the entire construction area to remove all rock 1 inch or larger in diameter. Debris of 02920-1 Section 02920 Pipeline Cleanup/Seeding every type shall be removed and all damaged tree limbs shall be pruned. After the area has been raked and accepted by the Engineer, the area shall be seeded at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent expressed in terms of weight). Lawn Fescue 30% Blue Grass 30% Rye Grass (Annual) 30% White Clover (Common) 10% 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 and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Where the existing ground cover does not contain any of the grasses as set out in the seed mixture above (Bermuda grass, Zoysia, etc.), the Contractor shall be responsible for cutting, removing and stockpiling the existing sod on the job site. After constructing the sewer line and backfilling the trench, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and installing new ground cover of the existing type to complete the cleanup. 2. Class II Cleanup - Fields, Meadows, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the backfill is completed and the surface over the trench left slightly rounded, the area shall be machine raked to remove all rock to a condition equal to the existing surface on the better side of the adjacent existing right of way. All excess excavated material shall be removed from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired .as though it were a part of the actual trench excavation. Seeding and fertilizing of these areas is required using the seed mixture and application rates set out below (percent expressed in terms of weight). Field Fescue 40% Rye Grass (Annual) 40% White Clover (Common) 20% �I 02920-2 1 Section 02920 Pipeline Cleanup/Seeding After the area has been.accepted by the Engineer, the area shall be seeded at the rate of 0.15 pounds per 100 square feet. During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Where the existing field grass is Bermuda, or other type not specified above, the Contractor shall place such topsoil as required, and shall seed with the existing type grass so that an equivalent ground cover will be provided. Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. 3. Class III Cleanup - Steep, Wooded or Rocky Areas. The trench shall be backfilled in accordance with the Pipe Specifications. After the trench backfill is complete, all damaged brush of every type shall be cut just below ground surface and all damaged limbs shall be trimmed. All brush and debris shall be disposed of by the Contractor and the entire area shall be machine raked so that the area of construction is in a condition equal to the existing surface on the better side of the existing adjacent right of way. The area of the trench line shall then be seeded and fertilized at the rate of 0.15 pounds per 100 square feet using the same seed mixture, fertilizer and application rates as set out under Class II cleanup, except that tall fescue (Kentucky 31) shall be used in place of field fescue. Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Special Cleanup. No special cleanup required on this job. 5. All Areas. All work within the construction area shall be cleaned to the satisfaction of the Owner and the Engineer. In general, all rocks, trash or rubbish of any nature shall be removed from the site of the work. During construction, the Contractor shall at all times keep work areas in a clean, neat and workmanlike condition. Excess pipe, excavation, brush and materials of construction shall be removed and disposed of as the work progresses. In built-up areas, including lawns, the job site shall be cleaned up immediately behind construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. 02920-3 Section 02920 Pipeline Cleanup/Seeding I If the trench should settle while the Contractor is still on the job or within one year of the project completion date, the Contractor shall make the required repairs attic additional cost to the Owner in accordance with the continuing responsibility provisions of these Specifications. 6. Restoration of Damaged Surfaces and Property. Where any pavement, trees, shrubbery, fences, poles or other property and surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to. carry out the requirements of the contract documents, state laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor, 7. Access after Construction. Unless otherwise directed by the Engineer, all areas I shall be graded after construction so as to be accessible by four -wheel -drive vehicle. _. Erosion Control. The Contractor shall terrace slopes where, in the opinion of the Engineer, potential erosion problems may arise after construction. END OF SECTION 1 1 I 1 I I 02920-4 1 Section 03300 Concrete TECHNICAL SPECIFICATIONS CONCRETE A. GENERAL , All concrete shall be ready -mix concrete. Class A concrete is defined as concrete with six bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 3,500 psi. Class A concrete shall be used for pouring manholes and other structures, concrete driveway repair, sidewalk, thrust collars, and curb and gutter repair. Class B concrete is 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. Class B concrete will be used for reaction backing, pipe encasement, and where otherwise directed by the Engineer. All concrete shall have air entrainment (3 percent to 6 percent) added at the ready -mix plant by the concrete supplier. Concrete will be supplied by a ready -mix concrete company approved by the Engineer. Mix designs must be submitted to the Engineer'for approval for Class A and Class B concrete. Concrete must be placed within 1-1/2 hours of the time it is batched. Batch tickets must have the batch time written on them. Concrete shall be poured. during suitable weather conditions and be protected from freezing and other inclement conditions until initial set is obtained. Concrete tests may be made at the direction of the Engineer. If the concrete meets the above requirements, the cost of the tests will be borne by the Owner. If the concrete does not meet the above requirements, the cost of the tests will be borne. by the Contractor. Concrete shall not be poured with a slump of over 5 inches. Concrete shall not be used after it has taken its initial set. Where shown on the Plans, bar reinforcement for concrete shall be of the deformed type and shall conform to either of the standards below: 1. ASTM A 615-82, "Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement." 2. ASTM A 617-8za, "Standard Specification for Axle -Steel Deformed and Plain Bars for Concrete Reinforcement." All reinforcing bars shall be Grade 60 as defined in the above. referenced standards, unless otherwise shown on the Plans. END OF SECTION I 03300-1 City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: Operations Date Requested H Adjustment Number 2006 Division: Water & Sewer Maintenance 7/28/2006 Program: Capital Water Mains . Project or Item Added/Increased: - Project or Item Deleted/Reduced: $241,700 is requested in the 24 inch Water Line $191,700 from the Water Line Projects As Needed capital Replacement capital project. project. $50,000 from the Sanitary Sewer Rehabilitation capital project. tk Justification of this Increase: The additional budget is needed to cover the cost of construction for the project. Justification of this Decrease: The 2006 original project budget stated that funds will be used from the Water Line Projects As Needed capital project. $161,000 of the contract for the project is related to improvements made to the Sanitary Sewer System: Increase Expense Budget (Decrease Revenue Budget) Account Name Account Number Amount Project Number . Water line improvements 5400 5600 5808 00 241.700 05040 1 Decrease Expense Budget (Increase Revenue Budget) Account Name Account Number Amount Project Number, Water line improvements 5400 Sewer improvements 5400 Approval Signatures Requested By, V1 5600 5808 5700 5815 Date 7-z3 -0' Date Date 00 191,700 04020 1 00 50,000 02017 1 Budget Office Use Only Type: A B. C E Posted to General Ledger Initial Date Posted to Project Accounting Initial Date Entered in Category Log Initial Date o O O d 'O (O m V m m A to N + N W N p 4 � S d C A O£ y Q O ry WZOC U) C m �. d N m. d a w o o w CD d -'a N J O (p J O )O W N o O G N w C v °C' O m O a x a N d 3 m ? y o m N ° n Z� C N C W O a,'-, C n o '' (O C) T v n d N am N 0 3 O J J m o m o w m v. a a 4, a a a w n w O O O O O O O O O O Co y fD O O O O O O O O O O O r a o o O O O O O O O O O a O a o N O' d a o n � • N ' 0 m • s y c N o� Co m C V o O O o m yt o w c m m m o ≤. to mm x v m x m °1 n 0) ? I I J N N G y j N C o cCD Q N n l obi m 0 A m a In CD # o Z o e m m C x w N m m j N N O N O D O O O O O # O O � N o T fD N Z City of Fayetteville Staff Review Form City Council Agenda Items Contracts 15 -Aug -06 City Council Meeting Date nc, _ Sid Norbash, Staff Engineer.t/" Engineering Operations Submitted By Division Department Action Required: 'al of: (1) The Construction Contract withCrossland Heavy , Inc. in the amount of $908,710.00 for 24' Main Replacement Project (W. Custer Ln. I Morningside Dr.) (2) A project Contingency in the amount of 0. (3) The related Budget Adjustment in the amount of $241,700. $998,710.00 Cost of this request 5400-5600-5808-00 Account Number 05040 Project Number Budgeted Item �X $882,800 category/Project Budget $105,590 Funds Used to Date $777,210 Remaining Balance Budget Adjustment Attached E:JX Department irector Date 24" Water Main Replacement Relocation Project Program Category / Project Name Water System Improvements Program / Project Category Name Water & Sewer Fund Name Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: City Attorney Received in City Clerk's Office ina and Internal Service Direct Received in Mayor's Off ce EH ED Date Mayor e� Tayveleve le City Council Meeting Date: August 15, 2006 ARKANSAS The City of Fayetteville, Arkansas City Council Agenda Memo To: CITY COUNCIL Thru: Mayor Dan Coody Gary Dumas, Director of Operations David Jurgens, Water & Wastewater Director Ron Petrie, City Engineer From: Sid Norbash, Staff Engineer Date: July 27, 2006 Subject: 24 -inch Water Main Replacement Project (W. Custer Ln. / Morningside Dr.) . Award of Construction Contract Recommendation: Approval of a Resolution authorizing the award of the construction contract to Crossland Heavy Contractors, Inc., in the amount of $908,710.00, for 24 -inch Water Main Replacement Project. Also approval of a Project Contingency in the amount of $90,000 (10%), and the related Budget Adjustment in the amount of $241,700. Background: This project is identified in the 2002-2006 Capital Improvement Program and scheduled for construction in 2006. This portion of the 24" waterline was installed in 1979. The pipe is unwrapped ductile iron, which has experienced several large leaks, due to external corrosion. Portions of this main are located in close proximity of some homes, which presents risk of flooding. A shed has already been destroyed, along with some minor damages to some residents and yards. Discussion: This project was advertised in July 2006, and official bids were received on July 26, 2006. Five bidders submitted bids and the results are as follows: Crossland Heavy Contractors, Inc $ 908,710.00 (Low Bid) C-2 Projects, LLC $ 926,267.00 Goodwin & Goodwin, Inc $ 755,555.00 Kraus Construction Co., LLC $1,039,400.00 Franks Construction, Inc. $1,140,500.00 •McGoodwin, Willams & Yates ESt. $1,100,000.00 As part of the East side line improvements, a proposed 42" sewer line will cross the existing 24" water main. There is a grade conflict at this point between the water line and the sewer line. Per request of David Jurgens an additional 1000 feet of the existing 24" water line is scheduled to be replaced and installed at a lower elevation to accommodate the new 42" sewer line. This adjustment as part of this contract will simplify construction as well as reduce the cost of the 42" sewer line construction. Budget Impact: Budget Division has prepared the following details on budget impact: The 2006 Capital Improvements Program (CIP) project budget included $1,074,500 for the 24 Inch Water Line Replacement capital project. The budget contained 2005 existing funds from the Water Lines As Needed project ($285,500) and was supplemented with 2006 funds ($789,000). Project Budget: - 2006 Project Budget (24 Inch Water Line Replacement) - 2005 Funds (Water Line As Needed) Total Project Budget Available Estimated Project Cost: - Engineering - Construction Contract - Contingency (10%) - Easements - Engineering Contra Total Estimated Project Cost Funds Needed: $ 789,000 285,500 $ 1,074,500 $ 104,800 908,710 90,000 15,000 5,990 $ 1,124,500 $ 50,000 A budget adjustment is attached that will combine the remaining $191,700 Water Lines As Needed capital project and will add the Sanitary Sewer Rehabilitation capital project. An increase to improvements that are made to the Sanitary Sewer system additional $50,000 in the project scope from the from the was due RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $908,710.00 FOR 24" WATER MAIN REPLACEMENT PROJECT (W. CUSTER LANE/ MORNINGSIDE DRIVE); APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $90,000.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $214,700.00. 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 approves a Contract with Crossland Heavy Contractors, Inc. in the amount of $908,710.00 for 24" Water Main Replacement Project (W. Custer Lane/Morningside Drive). 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 $90,000.00. Section 3. That the City Council of the City of Fayetteville, Arkansas approves a Budget Adjustment in the amount of $214,700.00. PASSED and APPROVED this 15th day of August, Mayor Ia1 By: JUL-28-2006 FRI 11:51 AM CROSSLAND HEAVY, _ ^ . . FAX NO, 620 429 2977 P, 02 THIS AGREEMENT is dated as of the ___ day of in the year by and between the City:,of! Fayetteville. Arkansas !(hereinafter called OWNER) and Crossland Heavy Contractors, Inc, of Columbu Owner and Contractor, in consideration of the mi agree as follows: Article 1. WORK Contractor shall complete all Work as specified or The Work is generally described as follows: 24 -Inch Water Main Replacement: West C Drive Areas, and all associated items of wor set out in the Bid, these Specifications and 2006, including all work required for a compi Article 2. ENGINEER nsas covenants hereinafter set forth, in the Contract Documents. Street and Morningside h consists of all items as No. Fy-332, dated June The Project has been designed by McGooawir)1 ypmid hereinafter called Engineer and who is to act a cpwnei' duties and responsibilities and have the rights andi aHthori' Contract Documents in connection with completion of the Contract Documents. Article 3. CONTRACT TIMES 3.1 The Work will be substantially completed when the Contract Times commence to run as pi Conditions, and completed and ready for final 14.13 of the General unc ContractTimes cConditions commence to run. These n one h Cot (average) weather -related events, such as rain, may affect the progress of the construction in the as hereinafter set out. Only weather -related de' considered for time extensions, if requested by th a and Yates, Inc., who is representative, assume all assigned to Engineer in the fork in accordance with the n ninety (90) days after the date id in paragraph 2.3 of the General ant in accordance with paragraph 100) days after the date when the Times include delays for normal and freezing temperatures which Wing amounts on a per -month basis n excess of these amounts will be 6-1 JUL-28-2006 FRI 11:51 AM CROSSLAND HEAVY FAX NO. 620 429 2977 P. 03 Days Included in Contract Times for Normal Weather -Related Events (On A Monthly Basis) January 11 February 9 March 8 April 8 May 8 June 8 July 5 August 6 September October i6 November 6 December The Contractor shall include within the Contract Times the respective number of days (as shown above for each month during the Contract) for normal weather -related events twhich may cause he project to ensure icompletio not the Work within the Conays in the prress of the Work, arid lace a sufficient work force on tract Times. 3.2 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will. suffer financial losif the extensionsrk is not thereof allowed ileted within the times specified in paragraph 3.1 above, plus any n accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Owner If the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper QO OOofl thereof ) for each day thatdby owner, expires after Contractor shall pay Owner five hundred dollars (� the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds for the performance of the Contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, for unit and lump sum prices in the Bid; the total sum being Nine Hundred Eight Thousand Seven Hundred Ten and no/100. 908,710,00). (use words) I t (figures) As provided in paragraph 11.9 of the General Cgnflitions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by JUL-28-2006 FRI 11:51 AM CROSSLAND HEAVY FAX NO. 620 429 2977 P. 04 neral Conditions. computed as provided in paragraph the e ph 11.9.2 of the Geneal Conditions. n� prices have been Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1 Progress Payments; Retainage, Owner shall make progress payments on account of the Contract Price on the basis of Contractors Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2,9 of the General Conditions (and in the case of Unit no schedule of vvales as proe Work basevided n the General Requ m number of unitseirments. ) or, in the event there is 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amount$ as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been they Work have as atisfalned ctory terOwn if the andcharacter Engineer,and Ownress of er,, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to then, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will he in an amount equal to 95% of the Work completed. 100% of materials and equipment not incorporated in the Work (but delivered, suitably uita provided stored and accompanied of p the dGeneraldocCouentaiOfl satisfactory to Owner as in 14.5.1.2 Upan Substantial Completion, in an amount sjfficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage). less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General CoiasOwner providedinhsalidparagraph eremainder of the Contract Price as recommended by Engineer P Article 6. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6-3 JUL-28-2006 FRI 11:51 AM CROSSLAND HEAVY FAX NO. 620 429 2977 P. 05 -_-.-- 6.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed In paragraph 7 and the other related data identified in the Bidding Documents Including "technical data," 6.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 6.3 Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 6.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Contractor accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely as provided in paragraph 4.2 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.5 Contractor is aware of the general nature of Work to be performed by Owner and others at the site that relates to the Work as indicated In the Contract Documents. 6.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract.Documents. 6.7 Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6-4 JUL-28_2006 FRI 11:52 AN CROSSLAND HEAVY _ FAX NO. 620 429 2977 P. 06 Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement. 7.3 Performance, Payment and other Bonds. 7.4 Notice to Proceed. 7.5 General Conditions. 7.6 Supplementary Conditions, 7.7 Specifications consisting of divisions and sections as listed in the Table of Contents. 7.8 Drawings consisting of 15 sheets. 7.9 Addenda numbers - to 1 , inclusive. 7.10 Contractor's bid. 7.11 Documentation submitted by Contractor prior to Notice of Award. 712 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated In the General Conditions. 8.2 The Contractor and all Subcontractors shall pay not less than the minimum etrihourly y wage rates as o found w workmen performing ng wansas ork under the Cartment of ontract. r or as determined by the Court on Appeal p 6-5 JUL-28-2006 FRI 11:52 AM CROSSLAND HEAVY FAX NO. 620 429 2977 P. 07 8.3 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto w)thout the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.4 Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents, 8.5 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. One counterpart each has been delivered to Owner, Contractor and Engineer. Ail portions of the Contract Documents have been signed, initialed or identified by Owner and Contractor or identified by Engineer on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: CITY OF FAYETTEVILLE, ARKANSAS By: Dan Coady, Mayor [Corporate Seal] Attest Sondra Smith, city Clerk Address for Giving Notices 113 West Mountain Fayetteville, AR 72701 CONTRACTOR: CROSSLAND HEAVY CONTRACTORS, INC. 11 By'; Mark r 1, resid nt! [Corporate Seal] Attest —_ iss for Giving Notices Office Box 350 umbus, KS 66725 kT •l•M1 M.V"r.�UFJ •r. J LA•I=. L."V - 1 • >tSn �. nJY . r yr Ir CITY OF FAYETTEVILLE, ARKANSAS 2006 - 2010 CAPITAL IMPROVEMENTS PROGRAM PROJECT DETAIL PROJECT TITLE: 24 Inch Water Line Replacement REQUESTING DIVISION: Water & Sewer Maintenance FUNDING SOURCE: Water & Sewer Fund PROJECT CATEGORY: Water & Sewer Improvements CATEGORY PRIORITY: 3 PROJECT TYPE: REPLACEMENT Y EXPANSION PROJECT COST 2006 $ 789,000 2007 0 2008 0 2009 0 2010 0 $ 789,000 PROJECT DESCRIPTION AND JUSTIFICATION: This project will replace 2,500' of existing 24" water main on West Custer Lane south of 18th Street and 2,500of existing 24" water main parallel to and running west from Momingside Drive near 15th Street. The existing line has experienced a number of major leaks due to external corrosion and averages six leaks per year. The line runs in backyards, within 20 feet and uphill from some homes. If not replaced, the line presents a risk of flooding these homes. The cost estimate is based on the September 2005 report from McGoodwin, Williams, and Yates. PROJECT SCHEDULING & STATUS (IF IN PROGRESS): Preliminary design is complete and the contract for final design has been awarded to McGoodwin, Williams, and Yates. Estimate for all work is $1,074,000, of which $285,000 will be funded from the 2005 Water Lines As Needed project (number 04020). EFFECT OF THE PROJECT ON ANNUAL OPERATIONS: This project will reduce the number of major water leaks by six per year. p� Ctodwin Williams G 4 Engineering Confidence Mayor Dan Coody Members of the City Council City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 July 27, 2006 Re: Recommendation of Award 24 -Inch Water Main Replacement (West Custer Street and Morningside Drive Areas) Fayetteville, Arkansas Project No. Fy-332 Dear Mayor Coody and Council: As you are aware, bids were received July 26, 2006, for the above referenced project. The low bid was submitted by Crossland Heavy Contractors, Inc. of Colombus, Kansas in the amount of $908,710.00. Five bids were received, and the bid totals are shown below: Bid Totals Crossland Heavy Contractors, Inc. $ 908,710.00 C-2 Projects, LLC $ 926,267.00 Goodwin & Goodwin, Inc. $1,039,400.00 Kraus Construction Co., LLC $1,080,370.00 Franks Construction, Inc. $1,140,500.00 A copy of the certified bid tabulation is included for your reference, along with a copy of the list of persons attending the bid opening. Our construction cost estimate on this project, for the chosen bid option, prior to receipt of bids was approximately $1.0 million. We have reviewed the Statement of Bidders Qualifications submitted by Crossland Heavy Contractors, and based upon the information provided, believe them to be qualified for this project. Crossland Heavy Contractors has been in business for 13 years doing general heavy construction. They list numerous jobs on -hand (primarily in Arkansas and Oklahoma) in the approximate amount of $53.5 million to be completed in 2006-2007. Recent contracts they have completed which are of similar size to your project include the Wedington Drive Waterline for the City of Fayetteville for $1.59 million, and the Highway 62 Waterline Replacement project for the Washington Water Authority for $1.88 million. While we have no way of verifying the present financial condition of Crossland Heavy Contractors, the contract documents require the furnishing of 100 percent performance and payment bonds prior to authorization of the notice to proceed of construction. 4elleyilie 43-3404 p 4i--4s40 CF Mayor Dan Coody Members of the City Council July 27, 2006 Page 2 Therefore, we recommend that the City Council award this contract to Crossland Heavy Contractors, Inc. in the amount bid of $908,710.00. We trust the Council will concur in this recommendation. The contract documents require substantial completion of the project within 90 days and full completion and ready for final payment within 100 calendar days from the date of the issuance of the notice to proceed. If you have any questions or need any additional information, please let us know. Sy,J Brad B. Hammond, P. E. President BBH:sc Enclosures ff { X � i t j ' j W W i ya{N N + +l i S lWN +:O't0 lP ViO xN +A iw 7N + N N + F. J O�--' +r, fr 'r •!r iri 1 1 5r r` CZ 3 z Da 1? 4a , la da fv '( 1 yy Didi9 9 g] D o o Dfa� j O m m �S��. m r r 0 to y yd,�, v•p ,^3 ` h c 1 a is Ioc is is f'0+o'IN 3 W c c ,1 c c a¢ = C7 < —3X_— 3 3_ ,1 " a'�G7 m —•—P — e t—_ { O — Os - Po m$ e - .. -1 O m�m 1d E�X<a°: oi�°i<m�m �0 '.ma ' mid '1m im ipi Rio. m"�t"O N 0 n O1C)imi mam .m; m N3' n} pn 9. _'It G c tl ci n o,m m ��n In n'fO �'�? O 'O' 3 2 2 0�n 1n �n mim ,m c m, o p o 0 m i {r .S lm �m .fN = 0 3 0, . � po�u 10g„3•m,p= It mm,m >•,<ca7. 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O 0» O A p O, p i 2 2 o>> m o m m w 2 m n° O o' o n o m ! ,' m ii m m m C x m m m 2 m 3 m '� p� O. '�'� 'a g C C °>> d≥≥ m 3 n o Z m 0] Z m O Z m m t ip a D W I N m ° n J J m J J J m m J D m N m ( m m D v m m o m m m m m! H h $q 3Lv- e m m m o m i x a s m J T{JJ t� ryX'✓;1 a ] m m ig n f At a 5 Q i! w C, 0 r . ti 5 a t l z! •a a. C 47t .fe. co• Y - LfiV Y.. 3 Y W m V W W 0 w 0 O' "�� Zi•.00tlll O { 1 0 0 0 0 O p O p O $$ W $.81 O p O i c mtt^OUp a : 0 0 0 0 0 0 8 8 0 0 0 A 0 0 O o $ 8, ' 35l°%`Q.i]♦ a S y 88888888 0 0 0 0 0 0 0 0 0 0 0 O O o 0 o S S o 0 0 0 0 0 0 8 0 0 o S o 8• -a 2. Fr 40 4 j �, :0 0 H w4dy.•6 O fO A r N q ° Fii^ w G W p N W N W N N W m N r W WI N N V A W w W N V N V O+ 0 •� N "yxe'F+'���` !•v W € O O O O O O O° w ° N n a p O z '! S 0 8 8 0 8. 8 0 0 0 0 0 0 0 # a o t;'ialin', -' 0 0 ;8888o08S888S88 88 88 o8S = rs '",.; N +' % O----;}i 1 N V mJ C' �A,NIn 08°4 O O A w O O 8 8 o w 8 8 8 SS 8 8 0 0 0 W+' a Z Vii Z i D?` N In a a o tD O ': -i W�4`irr" .Jt NI O O o O w O gg u' O w O O W O o O a O w O G. D X:'a$ O 0$ 8 0 S Y 0 8 S o 0 0 0 p0 0 o 0 pp O O 8888888888888 8 8 o88 S 88 :i .)N1lv'H From: Amber Wood To: Norbash, Sid Date: 8/17/06 9:24AM Subject: Crossland Heavy Contractors Sid, I am currently processing the ordinances and resolutions from the August 15, 2006 City Council Meeting. The item that you submitted titled "Crossland Heavy Contractors, Inc." does not have an original signed agreement and the budget adjustment form is lacking the signature of the requestor and department head. Please forward this agreement to our office and obtain original signatures on the budget adjustment form ASAP so that we may complete the resolution and obtain the Mayor's Signature. Thanks for your help! Amber Wood Deputy City Clerk City of Fayetteville City Clerk Division Phone: (479) 575-8323 Fax: (479) 718-7695 awoodc ci.fayetteville.ar.us Amber Wood -Crossland Heavy Contractors, Inc. Page 1 From: Amber Wood To: Jones, Shannon; Norbash, Sid Date: 9/1/06 3:54PM Subject: Crossland Heavy Contractors, Inc. Sid or Shannon, This is just a friendly reminder that the item that you submitted titled "Crossland Heavy Contractors, Inc." does not have an original signed agreement. Please forward this agreement to our office as soon as possible so that we may complete the resolution and obtain the Mayor's Signature. Thanks for your help! Amber Wood Deputy City Clerk City of Fayetteville City Clerk Division Phone: (479) 575-8323 Fax: (479) 718-7695 awood(o ci.favetteville.ar.us From: Clarice Pearman To: Jones, Shannon Date: 9.11.06 3:08PM Subject: Crossland Heavy Contractors Shannon, First of all let me ask how Sidney is doing, has anybody heard? Now for the business at hand, I am waiting for contracts for Crossland for the Custer/Morningside replacement project passed by Council, August 15, 2006. Sid said it would two weeks and that you would be the one to contact while he was gone, Have you received the contracts yet? The mayor will be gone until Oct. 1st. I would like to tied up the loose ends before he leaves and I can't his signature on documents. Please let me know if there is a possibility we can get the contracts for signature tomorrow. . Thanks. . Clarice RECEIVED ACEC SEP12 National ctoawin Williams a Yates ENGINEE EEAA,uard Engineering Confidence RING DIV. September 12, 2006 Ms. Sondra Smith, City Clerk City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Bid Documents 24 -Inch Water Main Replacement West Custer Street & Morningside Drive Areas Fayetteville, Arkansas Project No. Fy-332 Dear Ms. Smith: Enclosed for the City's permanent files is the original bound bid submitted July 26, 2006, by Crossland Heavy Contractors, Inc. for the referenced project. Also enclosed for the City's files are pertinent unbound bid documents submitted by the four unsuccessful bidders on this project. Our records indicate that all five bid bonds were retained by the City on July 26, 2006. Sincerely, 'd /,, Brad B. Hammond, P. E. President BBH:sc Enclosures 9p9 g y///s Or've . � y f 04elleyille By S72703 O 479.443-3404 0 479-443-4340•WWW.MW9US�.00M Ctodwin R�C� 1VE!SEP1?2006 Williams I} Yd QjwEERING DIV. Engineering Confidence September 12, 2006 Ms. Sondra Smith, City Clerk City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Contract Documents 24 -Inch Water Main Replacement (West Custer Street & Morningside Drive Areas) Fayetteville, Arkansas Project No. Fy-332 Dear Ms. Smith: Enclosed for execution by Mayor Coody and you are four copies of the Contract Documents for the referenced project. The page requiring signatures has been tagged. For your convenience we have dated the contracts, bonds and powers -of -attorney. The copy marked "Owner" is for your files. this office for distribution: If you have questions, please let me know. BBH:sc Enclosure Say Of've Please return the remaining three copies to Sincerely, Brad B. Hammond, P. E. President "'048t,e vile. AR 72703O 479-443-3404 0 499-443-4340•WWW.MWIUSO.COM I i I I 1, III I. I 1 Plans No. Fy-332 June 2006 SPECIFICATIONS AND CONTRACT DOCUMENTS 24 -INCH WATER MAIN REPLACEMENT WEST CUSTER STREET AND MORNINGSIDE DRIVE AREAS FOR CITY OF FAYETTEVILLE, ARKANSAS City of Fayetteville Project No,*05040 OFAu McGoodH'ot, Williams y ¢ end gales, Inc. --t L J _z No. 732 ��rrnnnnmuo` McGoodwin Williams fr Yates - Engineering Confidence Fayetteville, Arkansas O2006 McGoodwin, Williams and Yates AT PROFESSIONAL ENQIER � No. 9240 �a ., 8�6 g. F3A1vr.`; 1. RECEIVED SEP 12 2006 ENGINEERING DIV, ^,„., 47443 4340 McGOODWIN WILLIAM 01:44:15 p.m. 07-25-2006 1/2 Ctodwin Williams & Yates f noineerinq Cooficenee 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone: 479443.3404 FAX: 479-443-4340 TO: Planholders DATE: July 25, 2006 FROM: Brad B. Hammond TOTAL PAGES: 2 RE: Addendum No. 1 24 -Inch Water Main Replacement West Custer Street and Momingside:Drive Areas City of Fayetteville, Arkansas =`' Plans No. Fy-332 ACKNOWLEDGMENT • ♦ Please attach this addendum to your bid documents -in accordance with instructions in your specifications. . • Please acknowledge receipt of the above refere_nct-addendum by signing below and returning via FAX as soon as possible. FAX No 479-443-4340. Contractcr/Planholder ecipient for the above referenced company PLEASE FAX ACKNOWLEDGMENT TO MWY FAX NO: (479) 4434340 r G 47P 434340 McGOODWIN WILLIAM 4 r 7 01:44:33 p.m. 07-25-2006 212 ADDENDUM'Nd.1 24 -INCH WATER MAIN REPLACEMENT West Custer Street and Momingside Drive Areas City of Fayetteville; Arkansas Plans No. Fy-332 Dated June 2006 The Specifications and Contract Documents for the above project are hereby changed or clarified in the following particulars: SPECIFICATIONS. Section 02565 — Ductile Iron Pipe and Fittings forWater Lines 1) On page 02565-1, paragraph B1.b'.i)j delete: sentence, "All fittings shall have a minimum pressure rating of 250 psi, ad• shall. be "Made in U.S.A." and replace with sentence, "All fittings shall have a minimum pressure rating of 250 psi and shall be certified in accordahce'with'ISO90b1-" Section 02570 — High Density Polyethylene Pipe and Fittings 1) On page 02570-1, at the end of Section 6.4 add the following sentence: "The HDPE pipe dimensions shall be in accordance with the DIPS sizing system." GENERAL Acknowledge receipt of this Addendum -by retuming`the attached acknowledgment form by facsimile transmission to the Engineer at (479)443-4340. Also acknowledge receipt of the Addendum in the space provided on pagd;511'of the -Bid. July 25, 2006 McGoodwin, Williams and Yates. Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (479)443-3404 FAX (479)443-4340 I V RECEIVED SEP 12 20M ENGINEERING DIV. SPECIFICATIONS AND CONTRACT DOCUMENTS 24 -INCH WATER MAIN REPLACEMENT WEST CUSTER STREET AND MORNINGSIDE DRIVE AREAS FOR CITY OF FAYETTEVILLE, ARKANSAS City of Fayetteville Project No. 05040 Plans No. Fy-332 June 2006 rMcGoodwin Williams 0 Yates Ingineerin.g Confidence Fayetteville, Arkansas ©2006 McGoodwin, Williams and Yates 1 TABLE OF CONTENTS ADVERTISEMENT FOR BIDS 2 4 5 6 7 8 SC INSTRUCTIONS TO BIDDERS ARKANSAS DEPARTMENT OF LABOR WAGE DETERMINATION AGREEMENT PERFORMANCE BOND AND PAYMENT BOND GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS DIVISION 1 - GENERAL REQUIREMENTS 01000 PROJECT REQUIREMENTS 01025 METHODS OF MEASUREMENT AND PAYMENT 01301 SCHEDULES 01335 SUBMITTALS 01620 STORAGE AND HANDLING OF MATERIALS 01660 TESTING DIVISION 2- SITEWORK 02110 CLEARING RIGHTS OF WAY, CUTTING AND REBUILDING/REPAIRING FENCES 02113 SURFACE REMOVAL 02211 CLASSIFICATION OF EXCAVATION FOR CONST. OF WATER LINE 02221 PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL 62461 AGGREGATE BASE COURSE, CLASS 7 02510 STREET AND COUNTY ROAD CROSSINGS 02512 ARK. STATE HIGHWAY CROSSINGS AND ACCESS ROAD CROSSINGS 02565 . DUCTILE IRON PIPE AND FITTINGS 02566. POLYETHYLENE ENCASEMENT 02570 HIGH -DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS 02595 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR WATER LINE 02639 FIRE HYDRANTS 02640 AIR RELEASE AND VACUUM VALVE ASSEMBLIES 02642 GATE VALVES AND BUTTERFLY VALVES 02643 FLUSHING, HYDROSTATIC TESTING, DISINFECTION AND DYNAMIC TESTING OF WATER LINES 02660 WATER SERVICE RECONNECTION 02920 PIPELINE CLEANUP AND SEEDING DIVISION 3- CONCRETE 03300 CONCRETE I ADVERTISEMENT FOR BIDS 24 -Inch Water Main Replacement: West Custer Street and Morningside Drive Bid 06-49 I. Notice is hereby given -that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street, until 2:00 p.m. on Wednesday, July 26th, 2006, for furnishing all tools, materials and labor, and performing the necessary work for construction of 24 -Inch Water Main Replacement: West Custer Street and Momingside Drive Areas. At this time the bids received will be publicly opened and read aloud in Room 326 of City Hall. The work generally consists of: Replacement of approximately 4,200 linear feet of 24 -inch water line including valves and all other appurtenances necessary for a complete installation. Bids for approximately 1,500 linear feet of replacement near Custer Street will include three options: 1) Removal and replacement of existing water line using 24 -inch ductile iron pipe; 2) Construction of a parallel water line using 24 -inch ductile iron pipe; and 3) Slip lining approximately 1,100 linear feet of existing 24 -inch ductile iron pipe with 18 -inch HOPE pipe and construction of approximately 400 linear feet of 24 -inch ductile iron pipe. Plans and specifications are on file and may be examined in the office of McGoodwin, Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703. Copies of these documents may be obtained from the office of said engineers upon request and upon the payment. of $50.00 for plans and $50.00 for specifications, a total of $100.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. ,, Each bid must be accompanied by an acceptable statement of bidders qualifications. The requirements of the bidders statement. of qualifications will be furnished to prospective bidders with plans and specifications. Each bid must be accompanied by an acceptable form of bid guaranty in the amount equal to at least five percent of the whole bid, and such bid bond or cashiers check shall be subject to the conditions provided in the Instructions to Bidders. Bids must be made upon the official bid sheets contained in the specifications, and such bid sheets shall not be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelopes addressed to the City of Fayetteville, Purchasing Office, City Hall, 113 W. Mountain Street, Fayetteville, AR 72701. All bids shall be plainly marked on the outside.of the envelope specifying that it is a bid for construction of 24 -Inch Water Main Replacement: West Custer Street and Momingside Drive Areas, the time for opening of bids, and the name and current contractors license number of the bidder. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. 11 t. I 11 Attention is called to the fact that the minimum prevailing wage rates for each craft or type of worker and the prevailing wage rate for overtime work as determined by the Arkansas Department of Labor shall be paid. Pursuant to Arkansas Code Annotated 22-9-203, the Owner encourages all qualified small, minority, and women business enterprises to bid on and receive contracts for goods, services and construction. The Owner also encourages all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterprises. The City reserves the right to reject any and all bids and to waive any informalities in the proposal deemed to be in the best interests of the City. The City further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids. _ Peggy Vice, Purchasing Officer I I I Ii II II Ii Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8) (1990 Edition) .have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1 "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. 1.2 "Issuing Office" means• the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.3 "Successful Bidder means the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owners -evaluation as hereinafter provided) makes an award. - 1.4 "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the amount, if any, stated. in the Advertisement or Invitation to. Bid may be obtained from the Engineer upon request. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit with his Bid the following Statement of Bidders Qualifications. Each Bid must contain evidence of Bidders qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized: If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 2-1 Instructions to Bidders 1) Name of Bidder. CYD j3 uuj (D- vatk rs 1 1 tt 2) Permanent main office address. Po tux 3SO '533 S. E j CaQMb05, KS UU7125 3) When organized. Igg3 4) If a corporation, where incorporated. KircaS 5) How many years have you been engaged in the contracting business under your 1 present firm or trade name? l� 6) Contracts on hand. (Schedule these, showing amount of each contract and the I appropriate anticipated dates of completion.) 5cL d3AdCVn. 7) General character of work performed by your company. Wdk-s' 4 5-).LL'V tas, Warr + W mewaly +rc.1 'as- p4av%, VU slabzr6' pump tp&5, eonereie. 8) Have you ever failed to complete any work awarded to you? (\u 9) Have you ever defaulted on a contract? If so, where and why? lO 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 5 \cAccX. 11) List your major equipment available for this contract. ' 12) Experience in construction similar in size to this project, along with project owners and engineers. cee pc-- I 13) Background and experience of the principal members of your organization, including the officers. e %cLc- 1 14) Credit available: $ t Kf 1.�->1 15) Give bank reference: eJ t pteyes TW%V1 l OAli on i5,% I 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? ycS Dated at XUMn VS tL-Vlw-) this %( day I of lML ZcD(0 Name of Organization: L/49?/ C}o I'$ f ye. By Title I 2-2 1 U) JOB NAME I. Contract Amount Completion Date 45TH STREET/PERRY ROAD $ 326,953.10 08/06 APACHE EAST SEWER LINE 1$ 1,2.06,844.00 09/06 BELLA VISTA ELEMENTARY WL $ 44,084.28 . 09/06 BELLA VISTA SCHOOL $ 131,000.00 08/06 BENTON COUNTY FAIRGROUND $ 340,500.00 '11/06 BEST BUY UTILITIES $ 337,374.00 08/06 BORELAND PUMP STATION I ; $ 271,382.58 09106 BORELAND PUMP STATION II $ 1,126,500.00 I 09/06 BROKEN ARROW SOUTH LOOP II & III $ 2,213,045.00 11/06 DON'S COLD STORAGE $ - 215,307.00 07/06 EMBASSY STORM BOXES $ 158,410.00 07/06 EMBASSY SUITES HOTEL $ 16,750.00 ; 07/06 HWY 62 WATERLINE REPLACEMENT $ 1,884,702.00 07/06 MERCY HOSPITAL $ 1,550,822.00 ; 08/06 NEWBLOCK LIFT STATION $ 2,485,826.11 07/06 NORTHSIDE WWTP $ 5,816,000.00 ' 02/07 OAK TREE SUBDIVISION I $ 2,197,353.00 11/06 OKMULGEE WWTP $ 6,272,174.00 02/08 OZARK MOUNTAIN POULTRY $ 29,750.00 07/06 PINNACLE HILLS PROMENADE $ 6,394,289.20 08/06 RAINBOW JUNCTION $ 1,269,333.00 07/06 SAM'S CLUB BENTONVILLE $ 370,995.55 07/06 SPAVINAW DAM IMPROVEMENTS $ 6,721,700.00 04/07 SOUTHSIDE WWTP $ 5,638,783.05 07/06 TYSON HOME OFFICE $ 499,837.32 09/06 WAGONER RWD #4 WTP $ 4,227,209.21 ' 08/06 WEDINGTON DRIVE WATERLINE $ 1,591,426.20 10/06 WPC CARBON VESSEL $ ' 87,465.00 07/06 WPC CHEMICAL SYS REPLACEMENT ; $ 153,800.00 07/06 t ¼0) IMPORTANT PROJECTS RECENTLY COMPLETED: GROVE WASTEWATER TREATMENT PLANT $7,068,270.00 JANUARY 2005 FLINT RIDGE WATER SYSTEM IMPROVEMENT $1,501,370.00 SEPTEMBER 2005 CREEK TURNPIKE TRAIL EXTENSION $1,585,000.00 OCTOBER 2005 We plan to rent any equipment needed for the job that we do not own. EQUIPMENT DESCRIPTION: SEMI TRAILERS: 1968 DORSEY VAN TRLR 1978 TRAILMOBILE STORAGE TRAILER 1978 KENT 45' STORAGE VAN 1984 FRUEHAUF VAN TRLR/STORAGE 1985 UTILITY STORAGE REEFER VAN 1989 FONTAINE PLTF TRAILER 2001 EAGER BEAVER 50 -TON LOWBY GOSENK TRLR 2001 TRAILKING TK24 12 -TON EQUIPMENT TRLR EQUIPMENT DESCRIPTION: OFFICE TRAILERS: 1993 MSI OFFICE TRAILER 1994 MSI 824F0 OFFICE TRAILER 1996 MSI OFFICE TRAILER MODEL #820F0 1997 MSI OFFICE TRAILER 8 X 20 1997 AMI OFFICE TRAILER MODEL 820 1997 AMI OFFICE TRAILER MODEL 825 LARRY WARNER 12 X 50 OFFICE TRLR 2000 AMI OFFICE TRAILER MODEL 1035 2002 ACTON 12 X 50 OFFICE TRAILER EQUIPMENT DESCRIPTION: OTHER TRAILERS: 1966 STRICKLAND TRAILER 1969 FRUEHAUF VAN TRAILER 1991 WHITESTAR DT20 TRAILER 1996 HULL TRLR 7X16HD SN #19134 1996 HULL TRLR 7X16HD SN #19135 1996 HULL TRLR 7X1 6HD SN #19136 1997 INTERS 24DT TRLR 1998 PARIS CARHOULER 18' TRLR 2000 HOMEMADE 17' DOVETAIL TRLR 2001 CARHAULER 18TWO AXLE TRLR 2001 CARHAULER 18' TWO AXLE TRLR 2003 DISCOUNT 20' TRAILER 2005 STARLITE 83-185CR FLATBED TRLR 2005 CARHAULER 20' TRLR 2005 DOOLITTLE 7 X 16 TRLR EQUIPMENT DESCRIPTION: SHIPPING CONTAINERS 2002 MOBILE MINI 18' X 10' DELUXE DR 181X 2003 MOBILE MINI 18' X 10' DELUXE DR 181X 2004 20' SHIPPING/STORAGE CONTAINER 2004 40' SHIPPING/STORAGE CONTAINER 2005 MOBILE 20' STORAGE CONTAINER EQUIPMENT DESCRIPTION: MUSTANGS: 1998 2040 MUSTANG LOADER W/ FERTILZER BUKT EQUIPMENT DESCRIPTION: LARGE EQUIPMENT: 1988 FELCO BEDDING CONVEYOR 1989 DITCH WITCH P-80 PIPEPUSHER 1991 I -RAND VIBRATOR ROLLER SD407 1996 CAT 320L HYDRAULIC EXCAVATOR 1998 CAT IT28F RUBBER TIRE LOADER 1998 CAT 416C BACKHOE LOADER 1998 KOMATSU D38 -E-1 DOZER 1998 CAT 325 BIL EXCAVATOR 1998 CAT 330 BL EXCAVATOR 1998 CASE 580SL LOADER/BACKHOE 1998 QUIPNET OKB305 HYD BREAKER 1998 CAT 416C RUBBER TIRE BACKHOE 1998 CAT O5M DOZER 1998 CASE 580 SL EXTENDAHOE LOADR 1999 BOBCAT 773 SKIDSTEER 1999 BOBCAT 773 SKIDSTEER 1999 CAT 416C BACKHOE 2000 CAT 950F WHEEL LOADER 2001 CAT 416C BACKHOE 2001 GATOR 6X4 WI DUMP BED 2001 GATOR 6X4 W/ DUMP BED 2002 GAS GATOR 6X4 W/ DUMP BED 2002 GAS GATOR 6X4 W/ DUMP BED 2002 GAS GATOR 6X4 W/ DUMP BED 2003 CAT 232 SKID STEER LOADER 2003 KOMATSU WHEEL LOADER WA250-3L 2003 KOBELCO 2K235SKLC HYDRAULIC EXC 2003 IHI MINI EXCAVATATOR 2003 CAT 420DIT BACKHOE LOADER 2003 CAT 420DIT BACKHOE LOADER 2003 CAT EXCAVATOR 330CL 2003 LORRAIN 350D CRANE 2003 CASE 580M BACKHOE LOADER 2003 CAT 320C LH HYDRAULIC EXC 2005 VOLVO L120E LOADER EQUIPMENT DESCRIPTION: CONCRETE EQUIPMENT 2001 GARBRO CONCRETE BUCKET 458 2002 ALLIED 770CS CONCRETE HAMMER 2004 WHEELER REX 466000 HYDROSTATIC TEST PUMP EQUIPMENT DESCRIPTION: LASERS, SURVEY EQUIPMENT&TEST SYSTEMS: 1995 LASER SPEC SURV INSTRUMENT 1997 LASER BEACON LB -1 PACKAGE 1997 THEOTOLITE 1997 SOKKIA DATA COLLECTOR SDR31 1997 TRIPOD 1997 MIRROR PRISM (SINGLE TILT) 1997 PRISM POLE ACCUTECH SOKKIA LASER WI TRIPOD 1997 4700 PIPE LASER 1997 4700 PIPE LASER 1997 4700 PIPE LASER 1997 TRANSIT LEVEL & ROD 1998 SOKKIA TOTAL STATION SET 5E 2000 DIALGRADE 1280 PIPE LASER 2000 DIALGRADE 1280 PIPE LASER 2000 DIALGRADE 1280 PIPE LASER 1999 TOPCON AT -G6 LEVEL LB -1 BEACON PACKAGE LASER 2002 DIALGRADE 1285 LASER 2004 U. G .ULTRASONIC LEAK TEST SYSTEM 2004 U. G .ULTRASONIC LEAK TEST SYSTEM EQUIPMENT DESCRIPTION: e WELDERS, GENERATORS: MULTIQUIP GENERATOR MDL W1-390 MULTIQUIP GENERATOR TBD MILLER 40G WELDER TBD 2 MILLER BOBCAT WELDERS 225G 1997 WACKER GENERATOR 3.7 1997 HONDA GENERATOR 1998 MULTIQUIP/HONDA 11 HP WELDERIG 1998 HY CYCLE GENERATOR 1999 LISTER HP3TS3CA4 GENERATOR 1999 LINCOLN WELDER RANGER 8 1999 MULTIQUIP GENERATOR 3600 2000 HIGH -CYCLE GEN GDP -5000H 2004 MILLER BLUE STAR 6000 ELEC WELDER 2004 MULEGAW 180 HE WELDER/GENSET 2005 MILLER BLUE402D WELDER 2005 MILLER BLUESTAR 185 WELDER 2005 DEWALT DG4300 HD GENERATOR EQUIPMENT DESCRIPTION: OTHER EQUIPMENT: 1991 I -R VIBRATORY ROLLER SD407 1996 PREMIER 2400 PUP TRAILER HITCH 1997 JUMPING JACK WACKER BS621 1997 STOW 130 ER VIBRATOR 1997 STOW 130 ER VIBRATOR (2) CONCRETE VIBRATORS 1997 8" GORMAN RUPP TRASH PUMP 1997 125 CFM IR AIR COMP W/TEST STND 1997 CC MIXER 112 CY TRLR MOUNTED 1997 SHEEPS FOOT DITCH COMPACTER 1997 300 GAL FUEL TANK WI ELEC PUMP 1997 CONCRETE PIPE HOOK 1997 CONCRETE PIPE HOOK 1997 BUCKET FORKS 1997 8'X12TRENCH BOX 1997 8'X12' TRENCH BOX 1997 4'X12' TRENCH BOX 19973 YAMAHA PUMP 19973' HOMELITE PUMP 1997 100 GAL FUEL TANK W/ELEC PUMP 1997 TOOL BOX FOR PICKUP 19978" PIPE TONGS 1997 8" PIPE TONGS 1997 12" PIPE TONGS 1997 12" PIPE TONGS 1997 16" PIPE TONGS 1997 16" PIPE TONGS 1997 3:13 VOLT PUMP 1997 PIPE HIGH PRESSURE WATER TEST 1997 MANHOLE VACUUM TESTER 19974" TEST PLUG 1997 6" TEST PLUG 1997 8"-12" TEST PLUG 1997 12-16" TEST PLUG 1997 18" TEST PLUG 1997 PIPE BLOWER 1997 MANDRELL 8"-15" 1997 MUELLER TAP MACH 3/4-1" SERVICE 1997 MUELLER TAP MACH 3/4-1" SERVICE 1997 STIHL CUT OFF SAW 1997 ASPHALT GUTTER 1997 WATER VALVE WRENCHES 1 LOT 1997 ROCK DRILL 1997 1/2" DRIVE IMPACT GUN 1997 ROCK RIPPER FOR SMALL BACKHOE 1997 ROCK RIPPER FOR BIG BACKHOE 1997 34" PIPE WRENCH 1997 24" PIPE WRENCH 1997 36" PIPE WRENCH 1997 3/4" CRAFTSMAN DRIVE SET 1997 HAND TOOLS 1997 MISC. WATER LINE TOOLS 1997 PINTLE HITCH 1997 YAMAHA GRIZZLEY 600 AN 1998 GRAPPLE FOR CAT 320/325 G-4200 1998 TOSHIBA SATTELLITE PRO 430CDT 1998 HUSQVARNA 272K CUT SAW 1998 MIKASA TAMPER MAA931 1998 MULTIQUIP HONDA 3" TRASH PUMP 1998 MULTIQUIP JUMPING RAMMER 75HS 1998 46"PALLET FORK W/MOUNT FRAME 1998 2-HY CYCLE VIBRATORS 1998 (1) SET 48" SPREADERS 1998 USED IR COMP 175 CFM 1998 USED 4" HOLD HOG 1998 USED PZ-27 SECTION STEEL 1998 INGERSOL RAND 125 CFM COMP W/TEST SHEET PILING 1999 GAR-BRO CONC BUCKET 423G 1999 HUSQVARNIA 14" CUT OFF SAW 1999 MILSA JUMPING JACK 1999 HONDA EPT2-80HA 3" TRASH PMP 1999 HONDA EPT2-50HA 2" TRASH PMP 1999 CHICAGO PNEU 60 LB JACKHAMMR MODEL CP1230-1.25 1999 CONCRETE VIB MINNICH 14 FOOT 1999 WACKER PT6LT 6" TRASH PUMP W/ TRLR 2000 FORD DMK-1-12A 77 DRILL MACH 2000 KENT HYTAMPER 6000 KHP65 2000 HONDA MULEQP204H PUMP 2000 TARGET QUICKIE SAW 2000 HUSQVARNA 371 K-14 POWERCUTTER 2000 SIMONS FORMS 2002 NORTHERN PRESSURE WASHER 2003 POLARIS RANGER 4 X 4 2003 16" PELSU EXPLOSION PROOF MANHOLE FAN 2003 ROCK HOPPER 458 12} U U cc 0'0 .Ll N O1 C C_ CC) d W W N 6 c) C C C J J w cc O O N 000 "O t cc m m cow N N Q U U 0 cC C •� C O C 4) O C �LL CO w -coo N T o co O N O E O N l0 N- V M Q o 0) O mj W N C 0 U f» a» <n C m E m E c E E o m m O o N d L L N c m 3 � m m > m N > (� c 0) o= @ o) c 3 o L O C O) N _ > m e KEY PERSONNEL EXPERIENCE HISTORY Mark Sell President Bachelor of Science in Construction Science, Kansas State University Peter Kiewit Sons, Inc. Omaha, NE (1982— 1993) Work history included numerous road & bridge projects throughout the Midwest. River intake pump station, sheet pile river weir across the Kansas River. Subway renovation and light commuter rail projects in Chicago. Lock & Dam #16 renovation in Muscatine Iowa. Crossland Heavy Contractors, Inc. Columbus, KS ( 1993 —. Present ) Started Crossland Heavy Contractors to pursue civil oriented projects including bridge work, water & wastewater treatment facilities, site utilities and pipe work. Darrell Moorman Vice President Bachelor of Science in Engineering Technology, Oklahoma State University Utility Contractors, Inc. Tulsa, OK ( 1995 —1996) Work history includes managing projects that include sewer and storm sewer line installation, wastewater treatment facilities, along with road work. M.L. Young Construction, Inc. Jenks, OK (1996— 1997) Managed construction of wastewater treatment facilities. Crossland Heavy Contractors, Inc. Columbus, KS ( 1998 — Present ) Over construction of several utility projects, pump stations and treatment plant work In 2001 took over Vice President responsibilities and oversees operations in Tulsa area. Work included in this roll are a number of utility, storm drainage, trails and plant work. Ivan Crossland, Jr. - Corporate Secretary Bachelor of Science in Engineering Technology, Construction Management, Pittsburg State University Crossland Construction Company, Inc. Work experience includes 25 years as project superintendent, estimator, and project manager. Served as president of Crossland Construction from 1991 to 2002 and is currently serving as C.E.O. . Bennie Crossland Corporate Treasurer Crossland Construction, Company Inc. Work experience includes over twenty years of experience with Crossland Construction, and currently serves as President of Crossland Construction. He oversees the company financial operations, assists in project Design/Build and Construction Management negotiations, and also acts as Project Manager. • -.k l_ ?t.0 being duly sworn deposes and say that he (she) is the Pis i 01 ynss kind ykcw(A Ct"nh--j 0:twS. I tle . , Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of a'l ) - . My commission expires (Seal) EXAMINATION OF CONTRACT DOCUMENTS AND SITE It is the responsibility of each Bidder before submitting 1 to examine thoroughly the Contract Documents and other related data identified Bidding Documents (including "technical data" referred to below); 4.1.2 to visit the site to become familiar with an and site conditions that may affect cost, progress, consider federal, state and local Laws performance or furnishing of the Work; 4.1.4 to study and carefully correlate Bidder's Contract Documents and such other related data; Bidder as to the general, local ince or furnishing of the Work; to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies Bidder has discovered in or between the Contract Documents and such other documents. made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the Instructions ! to Bidders completeness thereof for the purposes of bidding or construction. 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions has been identified and established in paragraph SC -4.2 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.3 Information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and I Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to ' prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to j conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests and studies. 4.7 Reference is made to the Supplementary Conditions for the identification of the , general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or 2-4 1 IJ Instructions to Bidders 11 11 copies of Contract Documents (other than portions thereof related to price) for such work. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder. that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated or expressly required by the Contract Documents, the Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are -generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work., 4.9 The provisions of 4.1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by paragraph 4.5 of the General Conditions. • 5. AVAILABILITY OF LANDS FOR WORK, ETC. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents, 6. INTERPRETATIONS AND ADDENDA 6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may hot be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. L7. BID SECURITY ' 7.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety a meeting the requirements of paragraph 5.1 of the General Conditions. 7.2 The Bid security of the Successful Bidder will be retained until. such Bidder has executed the Agreement, furnished the required contract security and met the other N conditions of the Notice of Award, whereupon the Bid security will be returned. If the 1 2-5 Instructions to Bidders Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 8. CONTRACT TIMES. The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the term "Contract Times" is defined in paragraph 1.12 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form). 9. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 10. SUBSTITUTE OR "OR -EQUAL" ITEMS. The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Whenever I it is indicated in the Drawings or specified in the Specifications that a substitute or "or - equal" item of materials or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in I the General Requirements. 11. SUBCONTRACTORS, SUPPLIERS AND OTHERS. The Contractor shall not ' assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the Contractor allow such Subcontractor to commence Work until he has provided such workers' compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 12. BID FORM ' 12.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 12.2 All blanks on the Bid Form must be completed in ink or by typewriter. 12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 2-6 1 • Instructions to Bidders 12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12.5 All names must be typed or printed below the signature. 12.6 The Bid shall contain an acknowledgment of receipt of all :Addenda (the numbers of which must be filled in on the Bid Form). i12.7 The address and telephone number for communications regarding the Bid must be shown. 1 12.8 Evidence of authority to. conduct business as an out-of-state corporation in the state where the Work, is to be performed shall be provided in accordance with paragraph 3 above. State contractor license number must also be shown. 13.. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion. of the • Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUMENTS. 14. MODIFICATION AND WITHDRAWAL OF BIDS• 1 14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that. Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 15. OPENING OF BIDS. Bids will be opened and (unless obviously nonresponsive) read aloud publicly at the place where Bids are to be submitted. A tabulation of the • amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer. 16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 17. AWARD OF CONTRACT 17.1 Owner reserves the right to reject any and all Bids, including without limitation the �. 2-7 Instructions 1 to Bidders rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right ' to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies in the multiplication of units of - Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in - favor of the words. 17.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices , and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work , as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and I guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 17.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 17.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. I 18. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 19. SIGNING OF AGREEMENT. When Owner gives Notice of Award to the , Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings 2-8 r IInstructions to Bidders with appropriate identification. 20. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. , 21. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, • and the ' Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. a.. 22. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In. case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi- skilled labor, if available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14- 630). The provisions are summarized below. The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. I. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by a this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been or is being paid a rate of wages less than the rate of wages required by this Contract, the I. Owner may by written notice to the Contractor, terminate his right to proceed with the 2-9 Instructions , to Bidders Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. 23. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought into the state. It further - provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. Ii 24. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. 25. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT I AND ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987. The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond 1 regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing. work or undertaking to perform any duties under any contract within the State of Arkansas. 26. COMPLIANCE WITH ACT 22-9-203. Pursuant to Arkansas Code Annotated 22-9-203, the Owner encourages all qualified small, minority, and women business enterprises to bid on and receive contracts for goods, services, .and construction. The Owner also encourages all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterprises. 1 I I L✓' 2-10 , • ♦ -'iM*_4IiM L 10421 WEST MARKHAM • LITTLE ROCK, AR 72205-2190 Phone: 501-682-4536 Fax: 501-682-4508 TRS: 800-285-1131 July 6, 2006 Brad Hammond McGoodwin Williams and Yates Inc 909 Rolling Hills Dr Fayetteville, AR 72703 JAMES SALKELD DIRECTOR RECEWED JUL -i r, 2006 McGoodwin, Witliams andYaies.. Re: 24 -INCH WATER MAIN REPLACEMENT: WEST CUSTER ST. & MORNINGSIDE DR. AREAS FAYETTEVILLE, ARKANSAS WASHINGTON COUNTY Dear Mr. Hammond: In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 06.012 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. Please be advised that this determination supersedes #05.272 issued January 9, 2006. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann. § 22-9-308 (b) (2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. § 22-9-308 (c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark, Code Ann. § 22-9-309 (a). Also enclosed is a "Statement of Intent to Pay Prevailing Wages" form that should be put in your specifications along with the wage determination. The General/Prime Contractor is responsible for getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this project. office. 1 When you issue the Notice to Proceed for this project, please mail or fax a copy of the notice to my If you have any questions, please call me at (501) 682-4536 or fax (501) 682-4508. Enclosures I Sincerely, Don Cash Prevailing Wage Division 4-1 Arkansas Department of Labor Prevailing Wage Determination HEAVY RATES Date: 07/06/2006 Determination #: 06-012 Project: 24 -Inch Water Main Replacement: Project County: Washington West Custer St. & Morningside Dr. Areas . Expiration Date: 01/06/2007. City: Fayetteville, Arkansas Survey#: 706-AH05 Basic Hourly Fringe CLASSIFICATION ! Rate Benefits Bricklayer/Pointer, Cleaner, Caulker $9.65 $0.00 Carpenter $14.05 $1.75 Concrete Finisher/Cement Mason $12.80 $0.00 Electrician/Alarm Installer $13.30. $1.00 Ironworker $16.30 $0.00 Laborer $9.65 $0.00 Pipelayer $9.65 $0.00 Truck Driver $12.55 $0.00 Asphalt Paving Machine $12.55 $0.00 Backhoe - Rubber Tired (1 yard or less) $13.90 $0.00 Bulldozer, finish $14.95 $0.00 Bulldozer, rough $10.60 $0.00 Distributor $12.35 $0.00 Front End Loader, finish $13.70. $0.00 Front End Loader, rough $10.65 $0.00 Mechanic $14.70 $0.00 Motor Patrol, finish $13.05 $0.00. Motor Patrol, rough $9.65 $0.00 Roller $12.40 $0.00 Scraper, finish $11.75 $0.00 Scraper, rough $11.25 .$0.00 Trackhoe $14.00 $0.00 Crane, Derrick, Shovel, Dragline & Backhoe $14.90 $0.00 Welders -receive rate prescribed for craft performing operation to which welding is incidental. Certified 07/03/2006 Classifications that are required, but not listed above, must be requested in writing from the Arkansas Department of Labor, Prevailing Wage Division. Please call (501) 682-4536 for a request form. 07/06/2006 10:01 AM Page 1 of 1 4-2 WGJkO -15 /\ - t P' m flfl ro § ■§ > 2i_ a- $�z Lo � � ® j (1) . / 1 7 m 0w $Eo2 k2/ \gyp/ O . ± f 2 2 . §. § _& k\\» \�/ -k §� / \ ` w . w Ott\ 2Ek 0) LU2/ \(f/ ' 0 . o k\(0 ( C Cw- \ilk@ z \2=mot �o /® a,uJ §§ f\/Ef E ul z O.O z zo\ :m Eb= ce _ 0 LLI ® a 9 $ t e §k /k§f1 Z S \§�. �ef 0 ooe uo� E& \kz#w .. \ \ \ c k\§ C�§2 2 / u � \>.t7} QJ E J) 9zz § �\�/7 a{ )§§ § § \ §I\ �aa_ \ a I\ 2 \$ e 4-3 IBID 24 -INCH WATER MAIN REPLACEMENT WEST CUSTER STREET AND MORNINGSIDE DRIVE AREAS City of Fayetteville, Arkansas City of Fayetteville Project No. 05040 , Plans No. Fy-332 Dated June 2006 I. Purchasing Office ' City of Fayetteville City Hall 113W. Mountain Street • Fayetteville, Arkansas 72701. To the City of Fayetteville: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and ' furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. j2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within fifteen days after the date of ,' Owners Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following taddenda (receipt of which is hereby acknowledged) ' • Date Number -1'25(�l0 and such addenda are attached to the Bid. r 5-1 b) Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. c) Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. Id) Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site I. (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Bidder accepts the determination set forth in paragraph SC -4.2 of the Supplementary ' Conditions of the extent of the "technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidders purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, ' explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. e) Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. ' f) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. g) • Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the ContractDocuments are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. 5-2 h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or' solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder orover Owner. 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashier's check for ' -P1 O . o bcL ($ ). 5. The Bidder will complete the Work for the following lump sum prices: (Note: Bidders shall submit a bid on one of three options shown below in Schedule A. The words "No Bid" shall be written in the blanks for the two options not chosen. Bidders shall submit bid prices on all items in Schedule B.) SCHEDULE A - WEST CUSTER STREET AREA Option 1 — Removal and Replacement of Existing Waterline Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount m Removal and Replacement of Existing Waterline, inc all connections and all items of work as set out in the Plans and Specifications II II II 1.Z Lump Sum i rencn or 5atety txcavation system, as required by Act 291 of the 1993 Arkansas General Assembly ��// NO Bid dollars /U, St TOTAL BID — OPTION I .......................................................................... $ /t/D Option 2 —Construct Parallel Waterline Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 2.1 Lump Sum Construct Parallel Waterline, including all connections and all llitems of work as set out in the Plans and Specifications ���,CJI dollars $ ;0( IL 5-3 I1 II Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount I rencn or satety txcavation system, as required by Act 291 of the 1993 Arkansas General Assembly I1 I I I I TOTAL BID — OPTION 2.......................................................................... $ 4g. Option 3 — Sliplining and Partial Reconstruction Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 3.1 Lump Sum Sliplining and Reconstruction of Existing Waterline, including all connections and all items of work as set out in the Pla �/ and Specifications f ' J ;Q� cnn���b o /7' .4 3 t6e44 f dollars s1Z3 %SO m I rench or satety Excavation System, as required by Act 291 of the 1993 Arkansas General Assembly 3. 000 TOTAL BID — OPTION 3........................................................................... $ :frc 8 .75 . SCHEDULE B- MORNINGSIDE DRIVE AREA Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 1. 3,720 Linear Feet, 24" Diameter Ductile Iron Pipe Class 200 Water Line, complete in place L. a,uuu Pounds, Compact Ductile Iron Pipe Fittings, complete in place Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 3. 3 Each, 24" Butterfly Valves, complete in place F II I1 4. Each, Fire Hydrant and Valve complete in place j /41 c. 0)/Each 5. 500 Each, Cubic Yards, Crushed Stone for Undercut, complete in place c 1.h _ d dollars ( 311 ch /?OOO 6. Lump Sum 36" Encasement, State Highway Bore, complete in place ce1.Lal Woisx %s.mjji4 44 �dollars -s/ S!Ud ' 7. Lump Sum 36" Encasement, Town Branch Bore, complete in place 00 3'4 tea u nd 4&5 dollars 4'2 000 8. Lump Sum 36" Encasement, Bore under Sewer, complete in place Qollars ot a� ya_ 9. 300 Cubic Yards, Rock Excavation, complete in place 4j ., / O ter/75C")/C.Y. Sdd_� 10. Lump Sum . 8" Water Line Reconnection, including 8" x 8" tapping sleeve and valve, 8" C900 PVC pipe, complete.in place £YJ&t d a -it 2& dollars (a ODD 11. 1 Each, Connections to Existing System (Sta. 13+10±), complete in place 00 ( A ) . t dollars aJOO9iiEach g 12. 2 Each, Connections to Existing 24" System (at each end),' complete in place tO 2, (te cMtdzsk1donars (4S00'rEach DDD 00 II 5-5 , Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount ' 13. Lump Sum Trench or Safety Excavation System, as required by Act 291 of the 1993 Arkansas General Assembly. 1 cJ•� ;rte � ,eG�<.J �/< dollars TOTAL BID, SCHEDULE B........................................................................ D TOTAL BID, SCHEDULES A AND B ........................ ................................ .. $ ?O a 7I" 5. (continued) ' The contract, if awarded, will be based on the lowest bid accepted by the City of ' Fayetteville, Arkansas. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. ' Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. ' The above unit and lump sum prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. ' The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 6. The Bidder agrees that the Work will be substantially complete within 90 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with .paragraph 14.13 of the General Conditions within 100 calendar days after the date when the Contract Times commence to run. ' Bidderaccepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 1 . 5-6 Arkansas License No. mtn_?O1 1 Ol« 8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. Submitted this Z14 day of Respectfully submitted, ntvadOKS Thee. (Firm Name) By _ J a. • Title prP to ie _a_I n 5-7 II AGREEMENT THIS AGREEMENT is dated as of the in the year by and between day of , (hereinafter called OWNER) and (hereinafter called CONTRACTOR). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree,as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: 24 -Inch Water Main Replacement: West Custer Street and Morningside Drive Areas, and all associated items of work, which consists of all items as set out in the Bid, these Specifications and Plans No. Fy-332, dated June 2006, including all work required for a complete installation. Article 2. ENGINEER The Project has been designed by McGoodwin, Williams and Yates, Inc., who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of thefl Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1 The Work will be substantially completed within ninety (90) days after the date, when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within one hundred (100) days after the date when the Contract Times commence to run. These Contract Times include delays for normal (average) weather -related events, such as rain, snow, and freezing temperatures which may affect the progress of the construction in the following amounts on a per -month basis as hereinafter set out. Only weather -related delays in excess of these amounts will be considered for time extensions, if requested by the Contractor. 6-1 LI 1 I1 I I Days Included in Contract Times for Normal Weather -Related Events (On A Monthly Basis) • January 11 February 9 March 8 April 8 May 8 June 8 July 5 August 6 September 6 October 6 November 6 December 9 The Contractor shall include within the Contract Times the respective number of days (as shown above for each month during the Contract) for normal weather -related events which may cause delays in the progress of the Work, and place a sufficient work force on the project to ensure completion of the Work within the Contract Times. 3.2 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness -for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds for the performance of the Contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, for.unit and lump sum prices in the Bid, the total sum being (use words) (figures) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by Iii 6-2 1 Engineer as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1 Progress Payments; Retainage. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for . Payment as recommended by Engineer, on or about the 15th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. ' 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of • the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of. Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case. the remaining progress • payments prior to Substantial Completion will be in an amount equal to 95% of the Work completed. 100% of materials and.equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.2 of the General Conditions). ' 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 95% of the. Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7,of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14:13 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.13. Article 6. CONTRACTOR'S REPRESENTATIONS I. In order to induce Owner to enter into this Agreement, Contractor makes the following representations: I. 6-3 6.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 7 and the other related data identified in the Bidding Documents including "technical data." • 6.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 6.3 Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 6.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Contractor, accepts the determination set forth in paragraph SC -4.2 of. the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely as provided in paragraph 4.2 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests; studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in• accordance with the other terms and conditions of the Contract Documents. LJ •.1 I 6.5 Contractor is aware of the general nature of Work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. 6.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract. Documents. 6.7 Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Li Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement. 7.3 Performance, Payment and other Bonds. 7.4 Notice to Proceed 7.5 General Conditions. 7.6 7.7 7.8 7.9 7.10 Supplementary Conditions. Specifications consisting of divisions and sections as listed in the Table of Contents. Drawings consisting of 15 sheets. Addenda numbers Contractor's bid. to , inclusive. 7.11 Documentation submitted -by Contractor prior to Notice of Award. 7.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 8. MISCELLANEOUS 8.1 Terms used in this Agreement which- are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 82 The Contractor and all Subcontractors shall pay not less . than the minimum prevailing hourly wage rates as found by the Arkansas Department of Labor or as determined by the Court on Appeal to all workmen performing work under the Contract. 6-5 8.3 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be, limited by law), and unless specifically stated to the contrary in any written consent to an assignment no. assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.4 Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. .. 8.5 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. One counterpart each has been delivered to Owner, Contractor and Engineer. All portions of the Contract Documents have been signed, initialed or identified by Owner and Contractor or identified by Engineer on their behalf. This Agreement will be effective on (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: I I I By: By:_ [Corporate Seal] . Attest Attest Address for Giving Notices [Corporate Seal] Address for Giving Notices Ii 6-6 I-! I II u Ii I I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) called "Principal" and (3) hereinafter of , State of , hereinafter called the "Surety;" are held and firmly bound unto (4) hereinafter called the "Owner," in the penal sum of ' dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of a copy of which is hereto attached and made a part hereof for the construction of: 24 -Inch Water Main Replacement: West Custer Street and Momingside Drive Areas, City of Fayetteville, Arkansas; Plans No. Fy-332. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted .by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or.addition .to the terms of the. contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. I 7-1 +1 11 Il • This bond is .given in compliance with Act 261, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of Attest: Principal (Principal) Secretary (Seal) Witness as to Principal Address Attest: (Surety) Secretary (Seal) Witness as to Surety Address By Address Surety By _ Attorney -in -Fact Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 7-2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) hereinafter called "Principal" and (3) of , State of , hereinafter called the "Surety," are held and firmly bound unto (4) hereinafter called the "Owner," in the penal sum of dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal. entered into a certain contract with Owner, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: 24 -Inch Water Main Replacement: West Custer Street and Morningside Drive Areas, City of Fayetteville, Arkansas; Plans No. Fy-332. NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract; and any authorized extension or modification thereof, all amounts due forbut not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in. connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. i I I The Surety agrees the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms. of the contract or to the work or to the specifications. Ii 7-3 PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any ,beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 261, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of Attest: Principal (Principal) Secretary (Seal) Witness as to Principal Address Attest: O Address Surety (Surety) Secretary By (Seal) Witness as to Surety Address Attorney -in -Fact Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. Ii 7-4 I This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. 11 If I1 LI GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee Issued and Published Jointly By `NN 1* - UE .� • eA s DUNG PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the 4. NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General & Contractors of America These General Conditions have been prepared for use with the Owner -Contractor, Agreements (No. 1910 -8 -A -I or I910 -8-A-2) (1990 Editions). Their provisions are interrelated and a change in one -may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved; the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. EJCDC No. 1910-8(19% Edition) _ Reprinted 5)91 I, © 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 HI TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph - Page Number & Title Number Number & Title Number 1. DEFINITIONS ....................................13 2.5-2.7 BeforeStarting Construction; 1.1 Addenda ............................. 13 CONTRACTOR's Responsibility to 1.2 Agreement '........................... 13 Report: PreliminarySchedules; 1.3 Application for Payment .............. 13 Delivery of Certificates of 1.4 Asbestos ............................. 13 Insurance .......................... 15 1:5 ;-..=: an Bid ......................................... 13 - 2.8 Preconstruction Conference ........... 15 1.6 bidding Documents ................... 13 2.9 Initially Acceptable Schedules ......... 16 1.7 Bidding Requirements ................ 13 3. CONTRACT DOCUMENTS: INTENT, 1:8 Bonds................................13 1.9 Change Order 13 AMENDING, REUSE ............................ 16 ................... 3.1-3.2 Intent ............................... 16 1.10 Contract Documents .....:............ 13 . 3.3 ' Reference to Standards and 1.11 Contract Price ...... ..................13 1.12 Contract Times ....................... 13 Specifications of Technical Societies; • 1.13 CONTRACTOR ...................... 13 - Reporting and Resolving 1.14 defective . ............ 13 Discrepancies ...................... " 16 ................. ------" -" -- - -- - "-......... -- - -- - - --3.4 _ --- Intent of Certain Terms or Ad ectives :. -17 - - - 1.15 Drawings .......................0.... 13 j 1.16 Effective Date of the Agreement .....: 13 3.5 Amending Contract Documents ....... 17 1.17 ENGINEER .......................... 13 3.6 Supplementing Contract Documents ... 17 1.18 ENGINEER's Consultant .............13 3.7 Reuse of Documents .......... 4....... 17 1.19 Field Order.......: ..............;...... ..,,.,.:13 ."`4.-AVAILABIL'ITYOFLANDS SUBSURFACE AND - 1.20 General Requirements ................ 14 PHYSICAL CONDITIONS; REFERENCE POINTS. - 17 1.21 Hazardous Waste ..................... 14 4.1 Availability of Lands ..................17 1.22 Laws and Regulations; Laws or 4.2 Subsurface and Physical Conditions ... 17 Regulations 14 4.2.1 Reports and Drawings ................ 17 1.23 Liens.................................14 4.2.2 Limited Reliance by CONTRACTOR 1.24 Milestone .............................14 Authorized; Technical Data ......... 18 1.25 Notice of Award ...................... 14 _ 4.2.3 Notice of Differing Subsurface or 1.26 Notice to Proceed ....................14 Physical Conditions ................. 18 1.27 OWNER .............................14 4.2.4 ENGINEER's Review ................ 18 1.28 Partial Utilization ..................... 14 4.2.5 Possible Contract Documents Change . 18 1.29 PCBs ................................. . 14 4.2.6 Possible Price and Times Adjustments . 18 1.30 Petroleum ............................. 14 4.3 Physical Conditions —Underground 1.31 Project ...............................14 - Facilities 18 1.32 Radioactive Material .....0........4... 14 4.3.1 Shown or Indicated ................... 18 1.33 Resident Project Representative ....... 14 4.3.2 Not Shown or Indicated .............. 19 1.34 Sazitples .............................. 14 -ence1.35 Shop Drawings ......... 4.4 - Asbe s os, Points P e t r o l .. m . Hazardous .. 19 '""""""" 14 4.5 Asbestos, PCBs, Petroleum, Hazardous 1.36 Specifications .........................14 Waste or Radioactive Material ...... 19 1.37 Subcontractor "..............:......... 14 1.38 Substantial Completion ............... 14 1.39 Supplementary Conditions 5. BONDS AND INSURANCE .....................20 1.40 Supplier .............. . • ... . . . ... . 14 14 5.1-5.2 Performance, Payment and Other Bonds . " 20 1.41 Underground Facilities ................14 5.3 Licensed Sureties and Insurers; 1.42 Unit Price Work 14 Certificates of Insurance ............ 20 5.4 CONTRACfOR's Liability Insurance . 20 - 1.43 Work .......................... 15 5.5 OWNER's Liability Insurance ........ 21 1.44 Work Change Directiirective ...............15 1.45 Written Amendment 5.6 Property Insurance 21 ..'.."•"•••""• IS 5.7 Boiler and Machinery or Additional 2. -PRELIMINARY MATTERS ...................... 15 Property Insurance ................. 21 2.1 Delivery of Bonds .................... 15 5.8 Notice of Cancellation Provisions ..... 21 2.2 Copies of Documents .................IS 59 CONTRACTOR's Responsibility for 2.3 Commencement of Contract Times; Deductible Amounts ................ 22 Notice to Proceed .................. 15 5.10 Other Special Insurance ............... 22 2.4 Starting the Work .....................15 5.11 Waiver of Rights ...................... 22 I I Article or Paragraph . Page Article or Paragraph Page Number & Title Number Number & Title Number 5.12-5.13 Receipt and Application of Insurance 8.6 Change Orders ........... ............ 29 Proceeds ........................... 22 8.7 Inspections, Tests and Approvals ...... 29 5.14 Acceptance of Bonds and Insurance; 8.8 Stop or Suspend Work; Terminate Option to Replace ................. 22 CONTRACTOR's Services ......... 29 5.15 Partial Utilization —Property 8.9 Imitations on OWNER's Insurance .......23 Responsibilities ..................... 30 1 8.10 Asbestos, PCBs, Petroleum, Hazardous 6. CONTRACTOR'S RESPONSIBILITIES .......... 23 Waste or Radioactive Material ...... 30 6.1-6.2 Supervision and Superintendence ...... 23 8.11 Evidence of Financial Arrangements .. 30 6.3-6.5 Labor, Materials and Equipment ...... 23 9. ENGINEER'S STATUS DURING '' 6.6 Progress Schedule .................... 23 CONSTRUCTION ................. 30 6.7 Substitutes and "Or -Equal" Items; 9.1 OWNER's Representative 30 CONTRACTOR's Expense; p """""" I Substitute Construction 9.2 Visits to Site ...............4.......... 30 9.3 Project Representative ................ 30 Methods or Procedures; 9.4 Clarifications and Interpretations ...... 30 ENGINEER'S Evaluation .......... 23 9.5 Authorized Variations in Work ........ 30 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 24 9.6 ShReop Drawings, nCh Work ...n a ...... 30 6.12 Patent Fees and Royalties 25 9.7-9.9 Shop Change Orders and y ............. Payments ..........................31 6.13 Permits .. Regulations ................. 25 9.10 Determinations for Unit Prices ........ 31 6.14 Laws and Regulations ................ 25 9.11-9.12 Decisions on Disputes; ENGINEER as 6.15 Taxes.......................4........ 25 Initial Interpreter ...................31 6.16 Use of Premises ......::::.::.......... 7b 9.13 Limitations on ENGINEER's 6.17 Site Cleanliness ....................... 26 Authority and Responsibilities ...... 31 6.18 Safe Structural Loading ............... 26 6.19 Record Documents ................... 26 10. CHANGES IN THE WORK ..................... 32 6.20 Safety and Protection ............. 26 10.1 OWNER Ordered Change ............ 32 6.21 Safety Representative .................26 10.2 Claim for Adjustment ................. 32 6.22 Hazard Communication Programs ..... 27 10.3 Work Not Required by Contract 6.23 Emergencies ..........................27 Drawings Documents ....4 .................... 6.24 Shop 32 and Samples .......... 27 10.4 Change Orders 6.25 Submittal Procedures; 10.5 Notification of Suret CONTRACTOR's Review Prior to Y • • • • • • • • • • • • • 32 Shop Drawing or Sample Submittal 27 11. CHANGE OF CONTRACT PRICE .............. 32 6.26 Shop Drawing & Sample Submittals 11.1-11.3 Contract Price; Claim for Adjustment; Review by ENGINEER ............ 27 Value of the Work .................. 32 6.27 Responsibility for Variation From 11.4 Cost.of the Work ..................... 33 Contract Documents ................ 27 11.5 Exclusions to Cost of the Work ....... 34 6.28 Related Work Performed Prior to 11.6 CONTRACTOR's Fee ................ 34 ENGINEER's Review and Approval 11.7 Cost Records ......................... 34 of Required Submittals ............. 27 11.8 Cash Allowances ..................... 35 6.29 Continuing the Work .................. 28 11.9 Unit Price Work ...................... 35 6.30 CONTRACTOR's General Warranty and Guarantee .... 4 ....... 28 12. CHANGE OF CONTRACT TIMES .............. 35 6.31-6.33 Indemnification ................ . . . . , • . 28 12.1 Claim for Adjustment ................. 35 6.34 Survival of Obligations ........ 4....... 28 12.2 Time of the Essence .................. 35 12.3 Delays Beyond CONTRACTOR's ' 7. OTHER WORK..................................29 Control ............................ 35 7.1-7.3 Related Work at Site .................. 29 12.4 Delays Beyond OWNER's and 7.4 Coordination CONTRACTOR's Control .......... 35 8. OWNER'S RESPONSIBILITIES ................. 29 ' 8.1 Communications to Contractor ........ 29 13. TESTS AND INSPECTIONS; CORRECTION, 8.2 Replacement of ENGINEER .......... 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE 8.3 Furnish Data and Pay Promptly When WORK..........................................36 1 Due ................................ 29 13.1 Notice of Defects ..................... 36 8.4 Lands and Easements; Reports and 13.2 Access to the Work ................... 36 Tests ............................... 29 13.3 Tests and Inspections; Contractor's 8.5 Insurance ............................. 29 Cooperation ........................ 36 I Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 13.4 OWNER's Responsibilities; 14.12 Final Application for Payment ......... 40 Independent Testing Laboratory .... 36 14.13-14.14 Final Payment and Acceptance ........ 40 13.5 CONTRACTOR's Responsibilities ..... 36 14.15 Waiver of Claims ..................... 40 13.6-13.7 CoveringWork Prior to Inspection, Testing or Approval ................ 36 I5. SUSPENSION OF WORK AND 13.8-13.9 Uncovering Work at ENGINEER'S TERMINATION ......... ...................... 40 Request ............................ 36 15.1 OWNER May Suspend Work ......... 40 13.10 OWNER May Stop the Work ......... 36 15.2-15.4 .OWNER May Terminate .............. 40 - -13:11Correction or -Removal of Defective 15.5 -CONTRACTOR MayStop Work or • Work r 37 Terminate ........... ............... 41 13.12 ............................... Correction Period 13.13 ..........�" Acceptance of Defective Work ........ 37 16. DISPUTE RESOLUTION :... 41 13.14 OWNER May Correct Defective Work ............................... 37 17. MISCELLANEOUS ............................. 42 - - 17.1 Giving Notice ........................ 42 17.2 Computation of Times ................ . 42 14. PAYMENTS TO CONTRACTOR AND 17.3 Notice of Claim 42 COMPLETION.............................37 ....................... 17.4 Cumulative Remedies ................. 42 -14.1- -- - -. Schedule of Values ........................ . 37- - -- - - — 17.5 -- •-- Professional Fees and CourtCosts--- _---- 14.2 Application for Progress Payment ..... 38 Included ........................... 42 . 14.3 CONTRACTOR's Warranty of Title ... 38 14.4-14.7 Review of Applications for EXHIBIT GC=A (Optional): Progress Payments ._ 38 ,;," ,Dispute;Resolution Agreement,,(Optional) .. .. GC -Al 14.8.14.9 Substantial Completion ... . .•39 16.1-16.6 Arbitration GC -Al 14.10 Partial Utilization .....................39 .................... 16.7 Mediation ..................... GC -A2 14.11 Final Inspection ...................... 39 1 I INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Bonds and Insurance ................................ 5.14 defective Work ....................... 10.4.1, 13.13, 13.15 final payment.................................9.12, 14.15 insurance...........................................5.14 other Work, by CONTRACTOR ...................... 7.3 Substitutes and "Or -Equal" Items .................. 6.7.1 Work by OWNER ........................ 2.5, 6.30, 6.34 Access to the — Lands, OWNER and CONTRACTOR responsibilities.....................................4.1 site, related work .................................... 7.2 Work . .................................. 13.2, 13.14, 14.9 Acts or Omissions—, Acts and Omissions — CONTRACTOR ............................ 6.9.1, 9.13.3 ENGINEER ...6.....6.......66 ............. 6.20, 9.13.3 OWNER ....................................... 6.20, 8.9 Addenda —definition of (also see definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1 Additional Property Insurances ...........................53 Adjustments Contract Price or Contract Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4, 11, 12, 14.8, 15.1 progress schedule....................................6.6 Agreement — definition of.....................6........6........... 1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash .........66.......6....6 ............. 11.8 Amending Contract Documents ......................... 3.5 Amendment, Written — in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1,10.4,11.2,12.1,13.12.2,14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment — definition of..........................................1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general ....................... 2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of......................................l4.4-l4.7 Arbitration (Optional) .............................16.1-16.6 Asbestos — claims pursuant thereto .................... .. 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ... _.. _.... 4.5.2 definition of ...................... 1.4 OWNER responsibility for .................... 4.5.1, 8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work ........... 3.6, 6.25, 6.27, 9.5 Availability of Lands ............................... 4.1, 8.4 Award, Notice of —defined ............................ 1.25 Before Starting Construction ........................2.5-2.8 Bid —definition of......................................1.5 (1.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) Article or Paragraph Number Bidding Documents —definition of ................ 1.6 (6.8.2) Bidding Requirements —definitions of ...... 1.7 (1.1, 4.2.6.2) Bonds — acceptance of.......................................5.14 additional bonds ........................... 10.5, 11.4.5.9 Cost of the Work .................................. I1.5.4 definition of ........................................... 1.8 delivery.of................................... ... 2.1, 5.1 finalapplication for payment ................. 14.12-14.14 general ...............1.10, 5.1-5.3,5.13,9.13,10.5, 14.7.6 performance, Payment and Other .................5.1-5.2 Bonds and Insurance —in general .......................... 5 Builder's risk "all risk" policy form ................... 5.6.2 Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15 Cash Allowances......................................11.8 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of inspection ................9.13.4,13.5,I4.12 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, ...46.446...4...66 ..................... 5.14, 9.13.4, 14.12 Change in Contract' Price— ' Cash Allowances ................................... 11.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 I I 1 CONTRACTOR's fee ...............................116 Cost of the Work general ..........6.6.......66 ................ 11.4-11.7 Exclusions to.......................................11.5 Cost Records .................................... .. 11.7 in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing ................................ I1.3.2 -_ Notification of Surety .....6...6....6 ..............6. 10.5 Scope of.......................................10.3-10.4 Testing and Inspection, Uncovering the Work ......... 13.9 Unit Price Work .................................... 11.9 Value of Work......................................11.3 , Change in Contract Times — Claim for times adjustment .... ..4J,4.2.6,4.5,5.15,6.8.2, 4.5, 5.15, 6.8.2, - 9.4,9.5,9.11,10.2,10.5,12.1,13.9,13.13, 13.14,14.7,15.1,15.5 1 Contractual time limits .............................. 12.2 Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR'.s con- trol............................................... 12.4 Notification of surety .. 10.5 .......... Scope of change ...............................10.3-10.4 Change Orders — Acceptance of Defective Work ..................... 13.13 Amending Contract- Documents ...................... 3.5 Cash Allowances ................................... 11.8 Change of Contract Price ............................. 11 Change of Contract Times ............................ 12 Changes in the Work ................................... 10 CONTRACTOR's fee ............................... 11.6 Cost of the Work ...............................11.4-11.7 I 11 I I Article or Paragraph Article or Paragraph Number Number• 1 I I Cost Records ....................................... 11.7 general .................................... 6.2, 6.9.2, 8.1 definition of .......................................... I.9 Hazard Communication Programs ................... 6.22 emergencies.........................................6.23 Completion— ENGINEER's responsibility ......... 9.8, 10.4, 11.2, 12.1 Final Application for Payment ...................... 14.12 execution of ........................................ 10.4 Final Inspection ................................... 14.11 Indemnification ..................... 6.12, 6.16, 6.31, 6.33 Final Payment and Acceptance ...............14.13-14.14 Insurance, Bonds and ................... 5.10, 5.13, 10.5 Partial Utilization .................................. 14.10 OWNER may terminate ........................ 15.2-15.4 Substantial Completion ................... 1.38, 14.8-14.9 OWNER's Responsibility ....................... 8.6, 10.4 Waiver of Claims .................................. 14.15 Physical Conditions— Computation of Times ......................... 17.2.1-17.2.2 Subsurface and 4.2 Concerning Subcontractors, . ...................................... Underground Facilities ........................... 4.3.2 Suppliers and Others ............................6.8-6.11 Record Documents ................................. 6.19 Conferences — Scope of Change ............................... 10.3-10.4 initially acceptable schedules ......................... 2.9 Substitutes...................................6.7.3, 6.8.2 preconstruction......................................2.8 Unit Price Work.....................................11.9 Conflict, Error, Ambiguity, Discrepancy — value of Work, covered by .......................... 11.3 CONTRACTOR to Report ..................... 2.5, 3.3.2 Changes in the Work....................................10 Construction, before starting by CONTRACTOR .... 2.5-2.7 Notification of surety . c :......:..::::. .::........... 10.5 - - Construction Machinery, Equipment, etc........: .-......6.4- OWNER's an......................... 10.4 Continuing the Work ............................. 6.29, 10.4 Right to an adjustment ...............................10:2 Contract Documents — Scope of change ...............................10.3-10.4 Amending...........................................3.5 Claims— Bonds...............................................5.1 against CONTRACTOR . ,616' Cash'Allowances .... " ...:.............. 11.8 against ENGINEER ................................ 6.32 Change of Contract Price ............................. 11 against OWNER....................................6.32 Change of Contract Times ............................ I2 Change of Contract Price ................. 9.4, 11.2 Changes in the Work ...........................10.4-10.5 Change of Contract Times .................... 9.4, 12.1 check and verify.....................................2.5 CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.11 12.1, 14.8, 15.1, 15.5, 17.3 definition of..........................................1.10 CONTRACTOR's Fee .............................. 11.6 ENGINEER as initial interpreter of ................. 9.11 CONTRACTOR's liability ............ 5.4, 6.12, 6.16,-6.31 ENGINEER as OWNER's representative ............9.1 Cost of the Work .............................. 11.4, 11.5 general................................................3 Decisions on Disputes ......................... 9.11, 9.12 Insurance............................................5.3 Dispute Resolution..................................16.1 Intent............................................3.1-3.4 Dispute Resolution Agreement ..................16.1-16.6 minor variations in the Work ......................... 3.6 ENGINEER as initial interpreter .................... 9.11 OWNER's responsibility to furnish data .............. 8.3 Lump Sum Pricing................................11.3.2 OWNER's responsibility to make Notice of...........................................17.3 prompt payment ....................... 8.3, 14.4, 14.13 OWNER's 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, precedence....................................3.1, 3.3.3 ........... 13.9, 13.13, 13.14, 17.3 Record Documents.................................6.19 OWNER's liability..................................._5.5 Reference to Standards and Specifications OWNER may refuse to make payment .............. 14.7 of Technical Societies .............................. 3.3 Professional Fees and Court Costs Included .......... 17.5 Related Work........................................7.2 request for formal decision on ....................... 9.11 Reporting and Resolving Discrepancies ........... 2.5, 3.3 Substitute items .................................. 6.7.1.2 Reuse of.............................................3.7 Time Extension.....................................12.1 Supplementing.......................................3.6 Time requirements .......... .................. 9.11, 12.1 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work .................................. 11.9.3 Unit Price Work .................................... 11.9 Value of ............................................ 11.3 variations.................................. 3.6, 6.23, 6.27 Waiver of —on Final Payment ................ 14.14, 14.15 Visits to Site, ENGINEER's ..........................9.2 Work Change Directive .............................10.2 Contract Price — written notice required ................... 9.11, 11.2, 12.1 adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 Change of............................................II Clean Site............................................6.17 Decision on Disputes ............................... 9.11 Codes of Technical Society, Organization or definition of........................................1.11 Association......................................3.3.3 Contract Times — Commencement of Contract Times ..................... 2.3 adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 12 Communications— Change of ...................................... 12.1-12.4 I L Article or Paragraph Number Commencement of...................................2.3 definition of ........................................ 1.12 CONTRACTOR — Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work................................6.29, 10.4 coordination and scheduling ......................... 6.9.2 definition of .......................................... 1.13 May Stop Work or Terminate ....................... 15.5 provide site access to others ....................7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21.6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal. 6.25 Stop Work requirements ........................... 4.5.2 CONTRACTOR's— Compensation..................................11.1-11.2 Continuing Obligation .......................... 14.15 Defective Work .......................... . ... 9.6, 13.10-13.14 Duty to correct defective Work ..................... 13.11 Duty to Report — Changes in the Work caused by Emergency ........................4..4..................4.-4. 6.23 Defects in Work of Others ......................... 7.3 Differing conditions .............................. 4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies........................................6.23 Equipment and Machinery Rental, Cost of the Work ............................... ... 11.4.5.3 Fee— ost-Plus ..................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12, 6.16, 6.31-6.33 Inspection of the Work ......................... 7.3, 13.4, Labor, Materials and Equipment ..................6.3-6.5 Laws and Regulations, Compliance by ............. 6.14.1 Liability Insurance ............4.4......4........4.... 5.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds .........................5.1 Permits, obtained and paid for by 4444 ................ 6.13 Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes ............. 9.11 Responsibilities — Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACTOR's expense ....................... 6.7.1 CONTRACTOR's General Warranty and Guaran- tee...............................................6.30 CONTRACTOR's review prior to Shop Drawing or Sam- ple submittal ...............4444.................. 6.25 Coordination of Work .............................. 6.9.2 Emergencies.....................................6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items .....4....4..4.4.......... 6.7.3 Article or Paragraph Number For Acts and Omissions of Others .....6.9.1-6.9.2, 9.13 for deductible amounts, insurance ..................5.9 general.................................6, 7.2, 7.3, 8.9 Hazardous Communication Programs ............. 6.22 Indemnification .............................. 6.31-6.33 Labor, Materials and Equipment ................6.3-6.5 Laws and Regulations ............................ 6.14 Liability Insurance..................................5.4 Notice of variation from Contract Documents .....6.27 Patent Fees and Royalties .........................6.12 Permits.....................................:....0 6.13 Progress Schedule ................................. 6.6 Record Documents ............................... 6.19 related Work performed prior to ENGINEER's approval of required submittals ................. 6.28 safe structural loading ..444...........4........... 6.18 Safety and Protection ....4........44.4.. 6.20, 7.2, 13.2 Safety Representative ..........44 ..............44. 6.21 Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review by ENGINEER .4........4 .............4......4 6.26 Site: Cleanliness .,. ..................................... 6.17 Submittal Procedures ............................. 6.25 Substitute Construction Methods and Procedures.........4......4....4........4..... 6.7.2 Substitutes and "Or -Equal" Items .4......4.4..4.. 6.7.1 Superintendence ........4......4...........4..4..... 6.2 Supervision .....................4...4......4....4... 6.1 Survival of Obligations 4.4........4..4 .............. 6.34 Taxes............................................6.15 Tests and Inspections ............................. 13.5 To Report ....................4.4.......4....4..... 2.5 Use of Premises .................... 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ..........10.2 right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17,3 Safety and Protection .................6.20-6.22,7.2,13.2 Safety Representative ...........4.........4......44. 6.21 Shop Drawings and Samples Submittals .........6.24-6.28 Special Consultants ........................ 11.4.4 . ...... Substitute Construction Methods and Procedures ..... 6.7 Substitutes and "Or -Equal" Items, Expense .6 .7.1,6.7.2 6.7.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Supervision and Superintendence ........... 6.1, 6.2, 6.21 Taxes, Payment by .................................. 6.15 Use of Premises ..........4...4....4.......4.... 6.166.18 Warranties and guarantees .4...4...44.....4444 .. 6.30, 6.5 Warranty of Title ........4........4.......44........ 14.3 Written Notice Required — CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions..............................44......4.4.... 4.2.3 Substantial Completion ..4...4 .............4.4.... 14.8 CONTRACTORS —other .................................7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination I L I Article or Paragraph r Article or Paragraph Number Number zj. CONTRACTOR's responsibility ....................6.9.2 Determinations for Unit Prices ........................ 9.10 Copies pe s of Documents..................................2.2 Differing Subsurface or Correction Period....................................13.12 Physical Conditions Correction, Removal or Acceptance of Notice of..........................................4.2.3 Defective Work ENGINEER's Review ............................. 4.2.4 in general ......................::::::: 10.4.1' 13.10-13.14 Possible Contract Documents Change ............... 4.2.5 Acceptance of Defective Work .. 13.13 Possible Price and Times Adjustments .. .. 4.2.6 _ Correction or Removal of Defective Work ..... 6.30, 13.11 Discrepancies -Reporting and Resolving ... 2.5, 3.3.2, 6.14.2 Correction. Period....................................13.12 Dispute Resolution — OWNER May Correct Defective Work .............13.14 . Agreement ..................................... 16.1-16.6 OWNER May Stop Work .......................... 13.10 Arbitration ..................................:.. 16.1-16.5 Cost— general...............................................16 of Tests and Inspections ............................. 13.4 Mediation..........................................16.6 Records ............. ............................... 11.7 Dispute Resolution Agreement ....................16.1-16.6 Cost of the Work— Disputes, Decisions by ENGINEER ..............9.11-9.12 Bonds and insurance, additional ................. 11.4.5.9 Documents — Cash Discounts ................................... 11.4.2 Copies of ........................_................... 2.2 CONTRACTOR's-Fee .. 11.6 Record .. ..6.19 Employee Expenses .............................11.4.5.! Reuse of.............................................3.7 Exclusions to.......................................11.5 Drawings —definition of ............................... 1.15 General .................. .. 1..4-I 1.5 Easements .............................................4. 1 Home office and overhead expenses .. ... 11.5 Effective date of Agreement —definition of ............. 1.16 .Lossesanddamages....,.. ...,_ ... .._ 1i14,5,6,F,- .:Emergencies, .....................................6.23 Materials and equipment ..........................11:42 " ENGINEER= Minor expenses ........... . . ... ..... .. . . .. . .. .: . 11.4.5.8 as initialinterpreter on disputes ...........; ..... 9.11-9.12 Payroll costs on changes .. 11.4.1 definition of .. .. 1.17 performed by Subcontractors ......... ........... 11.4.3 Limitations on authority and -""-" Records ............................................31.7 responsibilities 9.13 Rentals of construction equipment and machinery . 11.4.5.3 Replacement of ...................................... 8.2 Royalty' payments, permits and license fees ...... 11.4.5.5 Resident Project Representative .... 9.3 'flkl' Site office and temporary facilities ...............11.4.5.2 . ENGINEER's Consultant —definition of ................ 1.18 Special Consultants, CONTRACTOR,s ........;... 11.4.4 ENGINEER's— Supplemental .....................................11.4.5 authority and responsibility, limitations on .. ... 9.13 • Taxes related to the Work .... .. 11.4.5.4 Authorized Variations in the Work .................... 9.5 Tests and Inspection................................13.4 Change Orders, responsibility for .......... 9.7, 10, 11, 12 Trade Discounts..................................11.4.2 Clarifications and Interpretations ............... 3.6.3, 9.4 Utilities, fuel and sanitaryfacilities ............... 11.4.5.7 Decisions on Disputes ............. .. 9.11-9.12 Work after regular hours .......................... 11.4.1 defective Work, notice of ........................... 13.1 Covering Work...................................13.6-13.7 -Evaluation of Substitute items ...................... 6.7.3 Cumulative Remedies ............................17.4-17.5 Liability.......................................6.32, 9.12 Cutting, fitting and patching .................... ....... 7.2 Notice Work is Acceptable .........................14.13 Data, to be furnished by OWNER .............:........ 8.3 Observations ................................. 6.30.2, 9.2 Day —definition of ..... .......: ..... 17.2.2 OWNER's Representative .....37.2.2 O'NER's Representative ....... 9.1 Decisions on Disputes ......... .. 9.11, 9.12 Payments to the CONTRACTOR, _ defective —definition of................................1.14 Responsibility for .. ... 9.9, 14 defective Work— Recommendation of Payment ................. 14.4, 14.13 .I Acceptance of .............................• . 10.4.1, 13.13 Responsibilities — Correction or Removalof ................... 10.4.1, 13.11 Limitations on ...............................9.11:9.13 • Correction Period..................................13.12 Review of Reports on Differing Subsurface in general.................................13, 14.7, 14.11 and Physical Conditions ..........................4.2.4 Observation by ENGINEER ......................... 9.2 Shop Drawings and Samples, review OWNER May Stop Work .......................... 13.10 responsibility.....................................6.26 Prompt Notice of Defects ........................... 13.1 Status During Construction— Rejecting............................................9.6. authorized variations in the Work .................. 9.5 IUncovering the Work .......................::...... 13.8 Clarifications and Interpretations ...................9.4 _ Definitions ...............................................I Decisions on Disputes ........................9.11-9.12 Delays.................................. 4.1, 6.29, 12.3-12.4 Determinations on Unit Price ..................... 9.10 Delivery of Bonds ...................................... 2 1 ENGINEER as Initial Interpreter ..............9.11-9.12 Delivery of certificates of insurance ...................:A 2.7 ENGINEER's Responsibilities ................9.1-9.12 7 - 1 I Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities ................................... 9.13 OWNER's Representative ......................... 9.1 Project Representative ............................. 9.3 Rejecting Defective Work .......................... 9.6 Shop Drawings, Change Orders and Payments....................................9.7-9.9 Visits to Site........................................9.2 Unit Price Determinations ........................... 9.10 Visits to Site.........................................9.2 Written consent required ......................... 7.2, 9.1 Equipment, Labor, Materials and ...................6.3-6.5 Equipment rental, Cost of the Work ................ 11.4.5.3 Equivalent Materials and Equipment .................... 6.7 Errors or omissions...................................6.33 Evidence of Financial Arangements ................... 8.11 Explorations of physical conditions ........... .. 4.2.1 Fee, CONTRACTOR's—Costs-Plus ................... 11.6 Field Order — definition of........................................1.19 issued by ENGINEER ......................... 3.6.1, 9.5 Final Application for Payment..._.......-... _ ........_ ..1412 Final Inspection......................................14.11 Final Payment — and Acceptance ..............................14.13-14.14 Prior to, for cash allowances ............... .. 11.8 General Provisions ............................... 17.3-17.4 General Requirements— defintion of.........................................1.20 principal references to .............. 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................17.1 Guarantee of Work —by CONTRACTOR .............................. 6.30, 14.12 Hazard Communication Programs ..................... 6.22 Hazardous Waste — definition of........................................1.21 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Indemnification ........................ 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules .......................... 2.9 Inspection — Certificates of ......................... 9.13.4, 13.5, 14.12 Final..............................................14.11 Special, required by ENGINEER .................... 9.6 Tests and Approval ........................ 8.7, 13.3-13.4 Insurance — Acceptance of, by OWNER ......................... 5.14 Additional, required by changes in the Work.................................11.4.5.9 Before starting the Work ............................. 2.7 Bonds and —in general.................................5 Cancellation Provisions .............................. 5.8 Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations .............................. 5.4.13 CONTRACTOR's Liability ........................... 5.4 CONTRACTOR's objection to coverage .............5.14 Contractual Liability .............................. 5.4.10 Article or Paragraph Number deductible amounts, CONTRACTOR's responsibility....................................5.9 Final Application for Payment ...................... 14.12 Licensed Insurers ....................................5.3 Notice requirements, material changes..................................5.8, 10.5O Option to Replace..................................5.14 other special insurances ............................. 5.10 OWNER as fiduciaryfor insureds .............. 5.12-5.13 OWNER's Liability..................................5.5 OWNER's Responsibility ............................ 8.5 Partial Utilization, Property Insurance ............... 5.15 Property..........4............................. 5.6-5.10 Receipt and Application of Insurance Proceeds .. 5.12-5.13 Special Insurance...................................5.10 Waiver of Rights....................................5.11 Intent of Contract Documents .......................3.1-3.4 Interpretations and Clarifications ................. 3.6.3, 9.4 Investigations of physical conditions .................... 4.2 Labor, Materials and Equipment .................... 6.3-6.5 Lands — and Easements.......................8.4 Availability of...................................4.1, 8.4 Reports & Tests.....................................8.4 Laws and Regulations —Laws or Regulations — Bonds ................................. .. 5.1-5.2 Changes in the Work................................10.4 Contract Documents ................................. 3.1 CONTRACTOR's Responsibilities ................... 6.14 Correction Period, defective Work .................. 13.12 Cost of the Work, taxes ......................... 11.4.5.4 definition of........................................1.22 general .................................... .. 6.14 Indemnification................................6.31-6.33 Insurance............................................5.3 Precedence.....................................3.1, 3.3.3 Reference to .......................................3.3.1 Safety and Protection .......................... 6.20, 13.2 Subcontractors, Suppliers and Others ............6.8-6.11 Tests and Inspections ............................... 13.5 Use of Premises....................................6.16 Visits to Site.........................................9.2 Liability Insurance— CONTRACTOR's.................................... 5.4 OWNER's..........................................4 5.5 Licensed Sureties and Insurers ......................... 5.3 Liens — Application for Progress Payment ................... 14.2 Contractor's Warranty of Title ....................... 14.3 Final Application for Payment ...................... 14.12 definition of........................................1.23 Waiver of Claims ................................... 14.15 Limitations on ENGINEER's authority and responsibilities.....................................9.13 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2 Maintenance and Operating Manuals— FinalApplication for Payment ...................... 14.12 Manuals (of others)— Precedence........................................3.3.3.1 1 CI I 1 Li I 1 I 1 I J.I !J IL f= II I I '1 .I Article or Paragraph Article or Paragraph Number I Number Reference to in Contract Documents ................ 3.3.1 Inspections, tests and approvals ................. 8.7, 13.4 Materials and equipment— Liability Insurance ................................... 5.5 furnished by CONTRACTOR ........................ 6.3 •Notice of Defects...................................13.1 not incorporated in Work ............................ 14.2 Representative —During Construction, Materials or equipment —equivalent ..................... 6.7 ENGINEER's Status ............................ 9.1 Mediation (Optional) .................................. 16.7 Responsibilities — Milestones -definition of .............................. 1.24 Asbestos, PCB's, Petroleum, Hazardous Miscellaneous— - _ - Waste on Radioactive Material .................. 8.10 Computation of Times .............................. 17.2 Change Orders....................................8.6 Cumulative Remedies ............................... 17.4 Changes in the Work .............................. 10.1 Giving Notice.......................................17.1 communications............................D......8.1 Notice of Claim.....................................17.3 CONTRACTOR's responsibilities .................. 8.9 Professional Fees and Court Costs Included .......... 17.5 . evidence of financial arrangements ................ 8.11 Multi -prime contracts.....................................7 inspections, tests and approvals .................... 8.7 Not Shown or Indicated ...............................4.3.2 4.3.2 Insurance.........................................8.5 Notice of— I lands and easements ............................... 8.4 Acceptability of Project ............................ 14.13 prompt payment by................................8.3 Award, definition of.................................1.25 replacement of ENGINEER ....................... 8.2 Claim...............................................17.3 reports and tests ................................... 8.4 Defects . ............................................ 13.1 stop or suspend Work .................. 8.8, 13.10, 15.1 Differing Subsurface or Physical Conditions ..........4.2.3 terminate CONTRACTOR's services .......... 8.8, 15.2 Giving ......................................................17.1 . separate representative at site ........................ 9.3 Tests and Inspections t.:... .::.::.....:?....:.. .......... 13.4 Variation; Shop Drawing and Sample ................ 6.27 use or occupancy of the Notice to Proceed— Work .................................... 5.15, 14.10 definition of........................................1.26 written consent or approval giving of.............................................2.3 required ................................9.1, 9.1, 6.3,,1 1.4 Notification to Surety ................................. 10.5 written notice Observations, by ENGINEER .................... 6.30, 9.2 required ...........7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 Occupancy of the Work ................ 5.15, 6.30.2.4, 14.10 PCBs — Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form, Insurance ...................5.6.2 Option to Replace ................:...................'.5.14 "Or Equal" Items......................................6.7 Otherwork..............................................7 Overtime Work —prohibition of ......................... 6.3 OWNER — Acceptance of defective Work ...................... 13.13 appoint an ENGINEER .............................. 8.2 as fiduciary .....................................5.12-5.13 Availability of Lands, responsibility ................... 4.1 definition of ........................................ 1.27 data, furnish.........................................8.3 May Correct Defective Work ....................... 13.14 May refuse to make payment ........................ 14.7 May Stop the Work ................................ 13.10 may suspend work, terminate ....................... 8.8, 13.10, 15.1-15.4 Payment, make prompt ................... 8.3, 14.4, 14.13 performance of other Work ............................ 7.1 permits and licenses, requirements .................. 6.13 purchased insurance requirements ............... 5.6-5.10 OWNER's— Acceptanceof the Work .......................... 6.30.2.5 Change Orders, obligation to execute.................................... 8.6, 10.4 Communications.....................................8.1 Coordination of the Work ............................ 7.4 Disputes, request for decision ....................... 9.11 definition of.........................................1.29 general..............................................4.5 OWNER's responsibility for ........................8.10 Partial Utilization — definition of .................................... .... 1.28 general- ................................... 6.30.2.4, 14.10 Property Insurance.................................5.15 Patent Fees and Royalties ............................. 6.12 Payment Bonds ..................................... 5.1-5.2 Payments, Recommendation of .............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for Progress Payments ..................142 CONTRACTOR's Waranty of Title .................143 Final Application for Payment ...................... 14.12 Final Inspection...................................14.11 Final Payment and Acceptance ...............14.13-14.14 general ........................................... 8.3, 14 Partial Utilization..................................14.10 Retainage...........................................14.2 Review of Applications for Progress - Payments..................................14.4-14.7 prompt payment.....................................8.3 Schedule of Values..................................14.1 Substantial Completion .........................14.8-14.9 Waiver of Claims..................................14.15 when payments due .......................... 14.4, 14.13 withholding payment................................14.7 Performance Bonds.................................5.1-5.2 Permits...............................................6.13 I Article or Paragraph Number Petroleum — definition of ........................................ 1.30 general.............................................. 4.5 OWNER's responsibility for ........................ 8.10 Physical Conditions — Drawings of, in or relating to ................. .. 4.2.1.2 ENGINEER's review .............................. 4.2.4 existing structures..................................4.2.2 general...........................................4.2.1.2 Subsurface and.......................................4.2 Underground Facilities ............................... 4.3 Possible Contract Documents Change ................ 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings .............................. 4.2.1 Notice of Differing Subsurface or . .................. 4.2.3 Subsurface and......................................4.2 Subsurface Conditions ............................ 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................4.2.2 Underground Facilities— general..........................................4.3 Not Shown or Indicated .....: ,.... ................4.3.2 Protection of ............................... 4.3, 6.20 Shown or Indicated ............................ 4.3.1 Technical Data ............................. ... 4.2.2 Preconstruction Conference ............................ 2.8 Preliminary Matters......................................2 Preliminary Schedules..................................2.6 Premises, Use of ........................... .. 6.16.6.18 Price, Change of Contract ............................... II Price, Contract —definition of .......................... 1.11 Progress Payment, Applications for .................... 14.2 Progress payment—retainage ............... .. 14.2 Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2. ] Project —definition of..................................1.31 Project Representative— ENGINEER's Status During Construction ............ 9.3 Project Representative, Resident definition of......................................1.33 prompt payment by OWNER ........................... 8.3 Property Insurance Additional ........................................... 5.7 general ................................6....6...4 5.6.5.10 Partial Utilization ........................... 5.15, 14.10.2 receipt and application of proceeds..................................5.12-5.13 Protection, Safety and ....................... 6.20-6.21, 13.2 Punchlist ............................................ 14.11 Radioactive Material— definition........................................... 1.32 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Recommendation of Payment .............. 14.4, 14.5, 14.13 Record Documents ............................. 6.19, 14.12 Records, procedures for maintaining .................... 2.8 Reference Points.......................................4.4 Reference to Standards and Specifications of Technical Societies................................3.3 Article or Paragraph Number I Regulations, Laws and (or) ............................ 6.14 Rejecting Defective Work ............................... 9.6 Related Work — 1 atSite...........................................7,1-7.3 Performed prior to Shop Drawings and Samples submittals review .................. 6.28 Remedies, cumulative ..................... .. 17.4, 17.5 Removal or Correction of Defective Work....................................13.1! agreements, OWNER approval Irental required ...................................... 11.4.5.3 replacement of ENGINEER, by OWNER .............. 8.2 Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2 Reports — , and Drawings......................................4.2.1 and Tests, OWNER's responsibility .................. 8.4 Resident Project Representative— I definition of........................................1.33 provision for.........................................9.3 Resident Superintendent, CONTRACTOR's ............. 6.2 Responsibilities— , CONTRACTOR's;ingeneral ................. .......... 6 ENGINEER's-in general ............................... 9 Limitations on....................................9.13 OWNER's-in general ............. .. .. 8 Retainage..............................................14.2 Reuse of Documents...................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.25 p; Review of Applications for Progress Payments ...................................... 14.4.14.7 Right to an adjustment................................10.2 Rights of Way..........................................4.1 Royalties, Patent Fees and ............................. 6.12 Safe Structural Loading ............................... 6.18 Safety — ' and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 general........................................6.213-6.23 Representative, CONTRACTOR's ................... 6.21 Samples — , definition of........................................1.34 general........................................6.24-6.28 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER ....................... 6.26, 6.27 related Work.............................4.......... 6.28 submittal of.......................................6.24.2 submittal procedures ................................6.25 , Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6, 2.8-2:9, 6.24-6.28 Schedule of Values ........................ 2.6, 2.8-2.9, 14.1 ' Schedules — Adherence to ........ 15.2.1 Adjusting............................................6.6 .. ' Change of Contract Times .......................... 10.4 Initially Acceptable ...............................2.8-2.9 Preliminaryry.......................................... 2.6 Scope of Changes ..............................10.3-10.4 Subsurface Conditions .............................. 4.2.1.1 10 I t II r - u II II Article or Paragraph Number Shop Drawings and Samples, general ........................... 6.24-6.28 Change Orders & Applications for Payments, and ............................... 9.7-9.9 definition of ........................................ 1.35 ENGINEER's approval of ......................... 3.6.2 ENGINEER's responsibility for review ............................... 9.7, 6.24-6.28 related Work ........................................... 6.28 • review procedures .........................2.8,5.24-6.28 submittal required ................................. 6.24.1 Submittal Procedures................................6.25 use to approve substitutions ........................ 6.7.3 Shown or Indicated.....................................4.3.1 Site Access.......................................7.2, 13.2 Site Cleanliness ....................................... 6.17 Site, Visits to — by ENGINEER................................9.2, 13.2 by others ...........................................13.2 "Special causes of loss" policy form, insurance ...:...5.6. Specifications — definition of........................................1.36 of Technical Societies, reference to 3 3 1 .Supplemental costs .. .......................... 11.4.5 precedence ..... ......... ................. ...3.3.3 .- - Supplementary Conditions Standards and Specifications of Technical definition of ........................................ 1.39 Societies..........................................3.3 principal reference to .... 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1, Starting Construction, Before .......................2.5-2.8 5.3, 5.4, 5.6-5.9, 5.11, 6.8, 6.13, 7.4, 8.11, 9.3, 9.10 Starting the Work ....................................... 2.4 Supplementing Contract Documents ............ ........ 3.6 Stop or Suspend Work-- Supplier — by CONTRACTOR ................................. 15.5 definition of ........................................ 1.40 by OWNER ............................. 8.8, 13.10, 15.1 principalreferences to .................. 3.7, 6.5, 6.8-6.11, Storage of materials and equipment ................. 4.1, 7.2 6.20, 6.24, 9.13, f4.12 Structural Loading, Safety ............................. 6.18 Waiver of Rights....................................6.11 Subcontractor— - Surety — Concerning . ...................................... 6.8-6.11 consent to final payment ...................... 14.12, 14.14 definition of ........................................ 1.37 ENGINEER has no duty to ......................... 9.13 delays..............................................12.3 Notification of ........................... 10.1, 10.5, 15.2 waiver of rights ........................:............ 6.11 qualification of ................................... 5.1-5.3 Subcontractors —in general ........................6.8-6.11 Survival of Obligations................................6.34 Subcontracts —required provisions ........ 5.11, 6.11, 11.4.3 Suspend Work, OWNER May .........:........ 13.10, 15.1 Submittals— Suspension of Work and Termination— .................. 15 Applications for Payment ........................... 14.2 CONTRACTOR May Stop Work or Maintenance and Operation Manuals ............... 14.12 Terminate ........................................ 15.5 Procedures.........................................6.25 OWNER May Suspend Work ....................... 15.1 Progress Schedules .............................. 2.6, 2.9 OWNER May Terminate .......................15.2-15.4 Samples.......................................6.24-6.28 Taxes -Payment by CONTRACTOR .................... 6.15 Schedule of Values ............................. 2.6, 14.1 Technical Data — Schedule of Shop Drawings and Limited Reliance by CONTRACTOR ............... 4.2.2 Samples Submissions .................... 2.6, 2.8-2.9 Possible Price and Times Adjustments .............. 4.2.6 Shop Drawings ................................. 6.24-6.28 Reports of Differing Subsurface and Substantial Completion— Physical Conditions ..............................4.2.3 certification of ........................6.30.2.3. 14.8-14.9 Temporaryconstruction facilities ........................ 4.1 definition of........................................1.38 Termination — Substitute Construction Methods or Procedures ....... 6.7.2 by CONTRACTOR .......................... ....... 15.5 Substitutes and "Or Equal" Items .......................6.7 by OWNER ............................... 8.8, 15.1-15.4 CONTRACTOR's Expense ....................... 6.7.1.3 of ENGINEER's employment ........................ 8.2 ENGINEER's Evaluation .......................... 6.7.3 Suspension of Work-in general ........................ 15 „Or-Equal" Terms and Adjectives ........................................6.7.1 Substitute Construction Methods of Procedures ..... 6.7.2 ..................................3.4 Tests and Inspections — Article or Paragraph Number Substitute Items .................................. 6.7.1.2 Subsurface and Physical Conditions — Drawings of, in or relating to ............. .... 4.2.1.2 ENGINEER's Review .............................4.2.4 4.2.4 general.............................................. 4.2 Limited Reliance by CONTRACTOR Authorized ....................................422 4.2.2 Notice of Differing Subsurface or Physical Conditions• ................................4:2.3 Physical Conditions.................................4.2.1.2 Possible Contract Documents Change .................4.2.5 Possible Price and Times Adjustments ............"... 4.2.6 Reports and Drawings................................4.2.1 Subsurface and......................................4.2 Subsurface Conditions at the Site .................4.2.1.1 Technical Data.....................................4.2.2 Supervision— CONTRACTOR's responsibility ......................6.1 OWNER shall not supervise .......................... 8.9 2 ENGINEER shall not supervise ...............9.2, 9.13.2 Superintendence ....................................... 6.2 6 Superintendent, CONTRACTOR's resident ........... 6.2 II I Article or Paragraph Number Access to the Work, by others ...................... 13.2 CONTRACTOR's responsibilities .................... 13.5 costof .................................... .. 13.4 covering Work prior to .........................136-13.7 Laws and Regulations (or) .......................... 13.5 Notice of Defects ................................... 13.1 OWNER May Stop Work .......................... 13.10 OWNER's independent testing ...................... 13.4 special, required by ENGINEER ..................... 9.6 timely notice required ............................... 13.4 Uncovering the Work, at ENGINEER's request .................................... 13.8-13.9 Times— Adjusting............................................6.6 Change of Contract ................................... 12 Adjusting............................................6.6 Computation of.....................................17.2 Contract Times —definition of ....................... 1.12 day ................................................17.72 Milestones ........................................... 12 Requirements— appeals..........................................16 clarifications, claims and ' . disputes ............................. 9.11, 11.2, 12 commencement of contract times ................... 2.3 preconstruction conference ......................... 2.8 schedules ................................. 2.6, 2.9, 6.6 starting the Work..................................2.4 Title, Warranty of.....................................14.3 Uncovering Work................................13.8-13.9 Underground Facilities, Physical Conditions — definition of........................................1.41 Not Shown or Indicated ............................ 4.3.2 protection of...................................4.3, 6.20 Shown or Indicated................................4.3.1 Unit Price Work — claims .......................... ....... 11.9.3 definition of ................................. .. 1.42 general..................................11.9, 14.1, 14.5 Unit Prices— general...........................................11.3. Determination for ................................... 9.10 Use of Premises ........................ 6.16, 6.18, 6.30.2.4 Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2 Article or Paragraph Number Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10 Value of the Work ..................................... 11.3 Values, Schedule of ....................... 2.6, 2.8-2.9, 14.1 Variations in Work —Minor Authorized ................................ 6.25, 6.27, 9.5 Visits of Site —by ENGINEER ......................... 9.2 Waiver of Claims -on Final Payment...........................................14.15 Waiver of Rights by insured parties ............... 5.11, 6.11 Warranty and Guarantee, General —by CONTRACTOR .................................... 6.30 Warranty of Title, CONTRACTOR's ................... 14.3 Work — Accessto ........................................... 13.2 byothers . ............................................. 7 Changesin the ....................................... 10 Continuing the . ..................................... 6.29 CONTRACTOR May Stop Work - or Terminate ................................... 15.5 Coordination of.......................................7.4 Cost of the ..................................... 11.4-11.5 definition of........................................1.43 :neglected byiCONATRACTOR ::... 4 ........ 4 ........ 13.14 other Work ............................... OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work ................. 13.10, 15.1 Related, Work at. Site ............................. 7.1-7.3 Starting the..........................................2.4 Stopping by CONTRACTOR ........................ 15.5 Stopping by OWNER ..........................15.1-15.4 Variation and deviation authorized, minor...........................................3.5 Work Change Directive — claims pursuant to .................................. 10.2 definition of ........................................ 1.44 principal references to ..................... 3.5.3, 10.1-10.2 Written Amendment — definition of .... .. 1.45 principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations ........................... 3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 11.2, 12.1 by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 I I L I I 12 hi II II I II LI GENERAL CONDITIONS ARTICLE I -DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which ate applicable to both the singular and plural thereof: . I.I. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. ment, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. - 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: () to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. I.J. Application for Payment —1 he torn accepted by EN- GINEER which is to be used by CONTRACTOR in requesting 1.13. CONTRACTOR —The person, firm or corporation progress or final payments and which is to be accompanied by with whom OWNER has entered into the Agreement. such ��supporting documentation as. is required by. the Contract Documents. / •V p...)/`•..a,.'.-.\1.:..Ll n]. :Mn. 4:P_ t•... G. 4# i p' _ if [W: .! 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or 1.4. Asbestos —Any material that contains more than one deficient, in that it does not conform to the Contract Docu- percent asbestos and is friable or is releasing asbestos fibers ments, or does not meet the requirements of any inspection, into -the air above current action levels established by the reference standard, test or approval referred to in the United States Occupational Safety and Health Administration. Contract Documents, or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi-. 1.5. Bid —The offer or proposal of the bidder submitted on bility for the protection thereof has been assumed by OWNER the prescribed form setting forth the prices for the Work to be at Substantial Completion in accordance with paragraph 14.8 performed. or 14.10). 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract. Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as.an.exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree - 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm orcorporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order—Atwritten order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve.a change in the Contract Price or the Contract Times. - - II 13 Li 1.20. General Requirements —Sections of Division I of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens —Liens, charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone —A principal event specified in the Cori - tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward—The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified;aOWN,ER+will sign and deliver the Agreement. 1.26. Notice toProceed—A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform. CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined'by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative— The authorized representative of ENGINEER who may be assigned tome site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any -„:other. Subcontractor for$heperformance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when. the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. UndergroundFacilities—All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. I I I II I I I I 14 I Zn J I 1 1 I I1 I L] 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. • 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or, after -the , Effective , -Date - of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work isto be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work.Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- five will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written -Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. (Addition; SC -1) ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. (Addition; SC -2.2) Commencement of Contract Times; Notice to Proceed: 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the EffectiveDate of the Agreement. In no event will.the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work: . 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract --Times commence to run. Before Starting Construction: ,7 2.5. Before. undertaking each part of the Work,. CON- TRACTOR. shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or. discrepancy in the Contract Doc- • umenis, unless CONTRACTOk knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a. preliminaryprogress schedule indicating the times (numbers of days or dates) for starting and completing the various.stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit - tat; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Preconstruclion Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference 1 15 I attended by CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will. meither:?impose,,on-:ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's ful l responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any.governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. -3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, ,.„'CONTRACTOR shhll report'it to ENGINEER in writing at once, and. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: I I I I I I I 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWN ER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or I I I 16 I I I I 1 1 I J i' U I I performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required;" "as allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable, 'suitable," "acceptable, "`proper" or "satisfactory" or adjectives of like effect or import are used- to describe a requirement; direction, review or judg- ment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of -any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the piovi-. sions of paragraph 9.13 or any other provision of the. Contract Documents. . Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terns and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5). 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). _ Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any, title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances. or restrictions not of general application but specifically relaied=to use of lands so furnished with which CONTRACTOR will have to comply in performing ,,..: the Work. Easements for; perinanentswctures or permanent ..i.: t ll',,. changes in existing facilities' wrll'&,be obtained and paid for by OWNER, unless otherwise', prioyrded in the Contract Docu- ments. If CONTRACPDR'and OWNER are unable to agree on entitlement to or the amount dr exTtent of any adjustments in the Contract Price or the Contract "Times as a result of any delay in OWNER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. I 17 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not bean automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to -or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions --Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on ft ,1 I I I] I I 1 L I H PS I I ii;] I I I information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for. (i) reviewing and checking all such information and data, pi) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such• Underground. Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection. therewith. (except in an - eme emergency as required by � '-�' rg y eq paragtaph� 6:23); identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any,to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes.that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time, CONTRACTOR. shall be respon- sible for the safety and protection of such Underground Facility as provided in paragraph 6.20.. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and, that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. . Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or.requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- active Material: . 4.5.1. , OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- .r3:.:+quired:by-;paragraph 6.23),;and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous- condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which.such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles II and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. OWNER may have such deleted portion of the Work performed by. OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations, OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's I Wi I Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5 —BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. (Addition; SC -5.1.1) 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the juris- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. (Addition; SC -5.3.1) 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. CONTRACTOR's Liability Insurance: (Addition SC -5.4) 5.4. CONTRACTOR shall.•purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. I I I I I St I I I I 20 I I J II II The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officersand employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater;. 5.4.9. include completed operations insurance; a ce upon the Work at the site in the amount of the ft1ll relacement cost thereof (subject to such deductible amou is as ay be provided in the Supplementary Condition or req ed by Laws and Regulations). This insurance shall/ \Rb include the interests of OWNER, CON RAC- TOcontractors, ENGINEER, ENGINEE s Con- sulnd any other persons or entities identifi in the Suntary Conditions, each of whom is deem to have anble-interest and shall be -listed asan- nsured or 5.6.2. written on a Builder's Risk' peril or spec1l causes of loss. policy form include insuth�ce for physical loss or dan l inns. falsework and Work ui temporary b insure against extended cove 5.4.10. include contractual liability insurance covering earthquake, co1L CONTRACTOR's indemnity obligations under paragraphs, .._.....by enforcement 6.12, 6.16 and 6.31 through 6.33; and such other 1 5.4.11. contain a provision or endorsement that the Supplementary i coverage afforded will not be cancelled, .materially,changed ..... . /..L.:.. . ,....,, ..-. I., or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.12 will so pro- vide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be corrrect- ing, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: (Replacement; Property Insurance: ((Replacemennts; WA i{ /adc6tlaa� aWrfu(ir((tAitt �r6� 4AW- 21 least the following theft, vandalism a , debris removal, Laws and Reguh ril as may be specj !lftisk" or open t shall at least.. e to the Work, transit and shall fire, lightning, licious mischief, ition occasioned water damage,.. required by the S b.3.-• include ek,�des-i�thrtf m the repair or replace- ment of any insured prdperty (i luding but not limited to fees and charges of engin ers architects); 5.6.4. cover materials a quipment stored at the site or at another location that was ed to in writing by OWNER prior to being incorporated - he Work, provided that such materials and equipment h ve en included in an Applica- tion for Payment recomm nded y ENGINEER; and 5.6.5. be maintain n effect u til final payment is made unless otherwise agr to in writ by OWNER, CON- TRACTOR and ENG EER with th y days written notice to each other additi nal insured to horn a certificate of insurance has been ssued. 5.7. OWNER s I purchase and main 'n machinery insuran a or additional property \n be requiredJaany Supplementary Conditio Regulationwill include the interest) CONTRACSubcontractors, ENGINEER. Consultantother persons or entities i Supplemennditions, each of whom is c an insurabl interest and shall be listed as an additional i sured. t!p such boiler and surance as may s or Laws and of OWNER, d in the to have ired or 5.8. AI the policies of insurance (and the certi tes or other a dente thereof) required to be purchased an main- tained Iy OWNER in accordance with paragraphs 5.6 a d 5.7 will c main a provision or endorsement that the cov rage afforled will not be cancelled or materially changed or ren wal refs ed until at least thirty days' prior written notice has b�en giv n to OWNER and. CONTRACTOR and to each othr a4ftitional insured to whom a certificate of insurance has bee i ued and will contain waiver provisions in accordance with aragraoh 5.11. I 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. AV ��$1.A(7b X/rkcr(tds(s/if /u/ri(dir/ ,WIttl%F A' (Replacement; SC -5.10) 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. (Replacements; Receipt and Application of Insurance Proceeds SC —S. 12 5.13 & x.14) • 2. Any insured loss under the policies of insu e requi by paragraphs 5.6 and 5.7 will be adjusted ith OWNE and made payable to OWNER as fiduciary or the insureds, their interests may appear, subject to t require- ments of any plicable mortgage clause and of pa h5.13. OWNER shall eposit in a separate account ny money so received, and sha distribute itin.accordanc ith such agree- ment as the parties interest may reach f no other special agreement is reached e damaged Wo shall be repaired or replaced, the moneys so eceived a ied on account thereof and the Work and the cost ereo overed by an appropriate Change Order or Written Am ent. 5.13. OWNER as fiduci s I have power to adjust and settle any loss with the I.p<urers uMEss one of the parties in interest shall object inftiiting withi fifteen days after the "p occurrence of loss to WNER's exercis f this power. If such objection be made WNER as fiduciary slNj make settlement with the insure in accordance with such ≥&eement as the parties in int st may reach. If no such agree t among the parties in i erest is reached, OWNER as fiduciarthall adjust and sett the loss with the insurers and, if required writing by an party in interest, OWNER as fiduciary shall gi bond for a proper performance of such duties. Acceptance of Bonds and Insurance; Option to Replace: 4. If either party (OWNER or CONTRACTOR) has object to the coverage afforded by or other provision the Bonds or ' surance required to be purchased and ntained by the other y in accordance with Article 5 o he basis of non-conforman with the Contract Docume , the objecting party shall so noti he other party in w ' ' g within 'ten days after receipt of the ce ficates (or of evidence requested) required by paragraph 2.. WNE nd CONTRACTOR shall each provide to the other suc rtional information in respect of insurance provided as th th may reasonably request. If either party does not pu ase or m ' tam all of the Bonds and insurance required o ch party by th Contract Documents, such party shall n y the other party in ' ing of such failure to purchase p ' r to the start of the Work, or such failure to maintain p r to any change in the required cove e. Without prejudi to any other right or remedy, the other y may elec o obtain equivalent Bonds or insurance to prote such er party's interests at the expense of the party who as 22 - ' `I I I I I I I I I 1 7 q(S p ApA 196YI5}S�SJ1 fth ye 911 AcbflYP' I'M) Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in -accordancewith provided that•no such use or. occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by. endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. the Specifications shall expressly run to the benefit of OWNER. If required. by ENGINEER, CONTRACTOR shall furnish - - .. ._ satisfactory.evidence (including reports of required tests) as to ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions < m . -*.es: ": rr-:z=...c.l:.,. ,: t, ofdhe:applieable SUpplieq'exceptas otherwise provided in the Supervision and Superintendence: Contract Documents. CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the. General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, con- struction equipment and machinery, tools, appliances, fuel, -'power; light;-heat,telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and comple- tion of the Work. �• 6.5. All materials and equipment shall be of, good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance -with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by. a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: U 23 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER'• s sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If.CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or -in the provisions of any other directcontract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such 24 I I I 1 I I substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to. OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or =indirect -contract [with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due _ - - any such Subcontractor, Supplier or other person or organi- zation --- except as may otherwise be required by Laws and_ Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling arid coordinating ;the•Work,of:Subcontractors,. Suppliers and other persons and organizations performing or furnishing any of the Work under a director indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. .... ... F9... Permits: 6.13. Unless otherwise provided in the Supplementary :..Conditions;.CONTRACTOR=�shall;obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. (Addition; SC -6 . 13)j Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. (Addition; SC -6:14.3) Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of 25 I the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the. storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all.claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work, At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record. documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecutionlof the Work may affect them, and shall cooperate with them in the protection, removal; relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, .shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and I I I I I :`1 I I 1 L 1 .1 I responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro - grains. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to,or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON-" TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby.' If ENGINEER•deterininesthafa`change in' the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. (Addition; SC -6.24.1) 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple. CONTRACTOR shall have determined and verified: 27 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto, . - 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings. and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop -Drawing and Sample submitted to ENGINEER for review and approval of each such variation. .6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample .submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract L Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and "CONTRAC- TOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR'sobligationtoperformandcom- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5, any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval byothers; or 6.30.2.8. any correction of defective Work by OWNER. Indemnifuasion: 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them maybe liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability isimposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence. errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with :1 I L I I C U I l] I the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles II and 12 if CONTRACTOR believes that such performance will involve additional -expense.,,16 CONTRAM. M.or.,re-,. quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each -utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute -an -acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordinaflon: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will'be identified; 7.4.2. -thespecific matters to be covered by such -author- ity and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of -such coordination. (Addition SC -7.5) - ARTICLE 8 —OWNER'S RESPONSIBILITIES i. 8.1. Except as otherwise. provided in these General Condi- ti%o OWNER -shall issue' all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments -to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 4 8.4. OWNER's duties in respect of providing lands and. easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. -" /s!Y./0AMXX/rowolrt�rvivtti�s(ifr/ds�i�cf bd �UW( �sl'rt� V*W0r0P6/iYY d'� VY/1VWt�dV S6,{ViA 000*YYYt$�)tVVA9(Replacement SC -8.5) 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection: with OWNER's'right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances: 29 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist. ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions, If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. (Addition; SC -9.3) ARTICLE 9 —ENGINEER'S STATUS'DURING ': . ='. sCk ficaRonswnddnteipretntions: CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article II or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work - I I I I I I 9.6. ENGINEER will have authority to disapprove or a ;' reject Work which ENGINEER believes to be defective, or I I! II I I I 1a I that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments. --9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER-wilFdetermioe'the'tictual`gitantitiesand. classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal. from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty.days after receipt of the.claimant'.s last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this - paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Reso- lution Agreement," entered into between OWNER and CON- TRACTOR pursuant to Article 16,.or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to rtr:ENGlNEER within3hirty days.aftenlhe date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.1 I, -ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, -impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- ployee or agent of any of them. . II 31 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER,s review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance.with,.the Contract Doer 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice.of.anyJdhange affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- tiesand obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a.result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will 1 I I 11 I I be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or .of anyclaim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the. Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved ::(subject:'to the provisions- of -paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which • may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may be obtained. r9 11.4.3. Payments made byOCONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the 11.4.4. Costs of special consultants (including but not basis of the Cost of the Work (determined as provided in limited to engineers, architects, testing laboratories, survey - paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for ors, attorneys and accountants) employed for services spe- overhead and.profits(determiiiedeasiprovided}iin(sp'aragraph• .: �aQ,-:,cifically+related tdthe Work,'' .' 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than.those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules ofjob classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on theWork. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage. thereof, and Suppliers field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR; any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 1 33 I 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone•,service<at•.the;site; ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 —all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTORis required bythe Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determinedas follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: .1, 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that tire Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 1 I.4.2 and that any higher tier' Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. I I I I I I C L1 11 I I im I II a C I. it I C Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and ?equipmentrequired by the allowances to be delivered at the site; and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. .- , .. .. .. .<,..�> .,,c . 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Workare not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: (Replacement;,. 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 —CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim.to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the .claimanb.has reasonSo believe it.is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTQR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts. of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) 35 delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel df(OWNER; "independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. (Addition; SC -13.5) 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, . f requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work I Il L. r I IL i I I 1 I 36 I shall not give rise to any duty on the part of OWNER to pay all claims, costs, losses and damages attributable to exercise this right for the benefit of CONTRACTOR or any OWNER's evaluation of and determination to accept such surety or other party. defective Work (such costs to be approved by ENGINEER as • to reasonableness). If any such acceptance occurs prior to • ENGINEER's recommendation of final payment, a Change Correction or Remavai of Defective Work. Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER 13.11. If required by ENGINEER, CONTRACTOR shall shall be entitled to an appropriate decrease in the Contract promptly, as directed, either correct all defective Work, whether Price, and, if the parties are unable to agree as to the amount .or -not fabricated, installed.or..completed, or„if thekWork has thereof, OWNER may.make.a claim therefor as provided in been rejected by ENGINEER, remove it from the site and Article 11. If the acceptance occurs after such recommenda- replace it with Work that is not defective. CONTRACTOR shall tion, an appropriate amount will be paid by CONTRACTOR to pay all claims, costs, losses and damages caused by or resulting OWNER. from such correction or removal (including but not limited to all OWNER May Correct Defective Work: costs of repair or replacement of work of others). 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective 13.12. Correction Period• / Work or to remove and replace rejected Work as required by 1 ENGINEER in accordance with paragraph 13.11, or if CON - 13.12.1. If within one year after the date of Substantial TRACTOR fails to perform the Work in accordance with the Completion or such longer period of time as may be. pre- Contract Documents, or if CONTRACTOR fails to comply scribed by Laws or Regulations or by the terms of any with any other provision of the Contract Documents, OWNER applicable special guarantee required by the Contract Doc- may, after seven days' written notice to CONTRACTOR, uments or by any .specific;provision,of:the.Contract Docu- 3;;;;. ;correct and remedy any. such deficiency...ln exercising the ments, any Work is found to be defective, CONTRACTOR rights'and remedies under this paragraph'OWNER shall pro - I. shall promptly, without cost to OWNER and in accordance. ceed expeditiously. In connection with such corrective and with OWNER's written instructions: (i) correct such defec- remedial action, OWNER may exclude CONTRACTOR from tive Work, or, if it has been rejected by OWNER, remove it all or part of the site, take possession of all or part of the Work, -from the site and replace it with Work that is not defective, and suspend CONTRACTOR's services related thereto, take �, and (ii) satisfactorily correct or remove and replace any possession of CONTRACTOR's tools, appliances,*construc- re damage to other Work or the work of others resulting lion equipment and machinery atthe site and incorporate in the therefrom. If CONTRACTOR does not promptly comply Work all materials and equipment stored at the site or for which • with the terms of such instructions, or in an emergency OWNER has paid CONTRACTOR but which are stored 1 where delay would cause serious risk of loss or damage, elsewhere. CONTRACTOR shall allow OWNER, OWNER's OWNER may have the- defective- Work- corrected or the - representatives, agents and employees, OWNER's other con - rejected Work removed and replaced, and all claims, costs, tractors and ENGINEER and ENGINEER's Consultants ac - losses and damages caused by or resulting from such re- cess to the site to enable OWNER to exercise the rights and moval and replacement (including but not limited to all costs remedies under this paragraph. All claims, costs, losses and of repair or replacement of work of others) will be paid by damages incurred or sustained by OWNER in exercising such CONTRACTOR. rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; 13.12.2. In special circumstances where a particular item and OWNER shall be entitled to an appropriate decrease in the of equipment is placed in continuous service before Substan- Contract Price, and, if the.parties are unable to agree as to the tial Completion of all the Work, the correction period for that amount thereof, OWNER may make a claim therefor as item may start to run from an earlier date if so provided in provided in Article 11. Such claims, costs, losses and damages the Specifications or by Written Amendment. will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, II13.12.3. Where defective Work (and damage to other removal or replacement of CONTRACTOR's defective Work. Work resulting therefrom) has been corrected, removed or CONTRACTOR shall not be allowed an extension of the replaced under this paragraph 13.12, the correction period Contract Times (or Milestones) because of any delay in the -hereunder with respect to such Work will be extended for an performance of the Work attributable to the exercise by OWN ER I. additional period of one year after such correction or red of OWNER's rights and remedies hereunder. moval and replacement has been satisfactorily completed. ARTICLE IIPAYMENTSTO CONTRACTOR AND Acceptance of Defective Work: COMPLETION 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- Schedule of Values: NEER's recommendation of final payment, also ENGINEER) 14.1. The schedule of values established as provided in • prefers to accept it, OWNER may do so. CONTRACTOR shall paragraph 2.9 will serve as.the basis for progress payments and 37 I will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (1) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible forCONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORs performance or furnishing of the Work, I I I I I I] U I kfl Li LI I 14.7.6. Liens have been filed in connection with the ENGINEER in writing prior to ENGINEER's issuing the Work, except where CONTRACTOR has delivered a definitive certificate of Substantial Completion, ENGINEER's specific Bond satisfactory to OWNER to secure the aforesaid recommendation will be binding on OWNER and satisfaction and discharge of such Liens, CONTRACTOR until final payment. 14.7.7. there are other items entitling OWNER to a 14.9. OWNER shall have the right to exclude CONTRAC- set-off against the amount recommended, or TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to 14.7.8. OWNER has actual knowledge of the occur- complete or correct items on the tentative list. rence of any of the events enumerated in paragraphs 94.7:1=through 14:7.3 or paragraphs 15.2:1 through 15.2.4 inclusive; , Finial Utilization: but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intendeduse CONTRACTOR`shalltitotify'O WNER' and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have, seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work is not substantially complete,ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, EN- GINEER considers the Work substantially complete, ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentativecertificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the, tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payinent.between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utili- ties, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents; or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Corn- - ""k pletion of all the Work subject to the.following: 14.10.1. OWNER at any time may request CON- „ TRACTOR in writing to permit OWNER to use any such part'of the Work Which'OWNER`believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at: any time may notify OWNER and ° ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part' of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all 39 particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER;rCONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: -r 14.15. The making and acceptance of final payment will constitute: I 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. OWNER,May Terminate: 15.2. Upon the occurrence of any one or more of the following events: I. I 1 I I. I I F I I I W I-1 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15:2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to the extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability_to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid balance, CONTRACTOR shall pay ,the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing. or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may; without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): ' ,t 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or,revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: • 15.5; If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or.,ENGINEER$ails to..act. on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to. OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty- days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due; CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles II and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16 —DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise 41 I such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 —MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Times: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable. jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, ,are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, Obligation; right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs,.losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. [The remainder of this page was left blank intentionally.] 1 I 1 I I I I I I 1 I 11 r 42 I TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS Page SC -1 Definitions and Abbreviations ............1.1..11.1111,1....1................................ SC -1 SC -2 Preliminary Matters ........ ............................................SC -2 SC 5 Bonds arid.lnsurance........................................................................... SC 3 SC -6 Contractor's Responsibilities ..........SC -5 SC -7 Other Work ...................:............................• ......................................... SC -6 SC -8 Owners Responsibilities .................•SC -7 SC -9 Engineer's Status During Construction.,.,..1.........................................SC-7 SC -11 Change of Contract Price .............................. .. SC -10 SC -13 Tests and Inspections; Correction, Removal or Acceptance of Defective Work...11.11 ............................... SC -10 i I I. SC-i Supplementary Conditions 1I SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 Edition) and other provisions of the Contract. Documents as indicated below. All provisions which. are, not so amended or supplemented remain in full force and effect. SC -1 DEFINITIONS AND ABBREVIATIONS 'I In addition to the provisions of Article 1, the following respective supplemental definitions apply: The word "OWNER" shall mean the City of Fayetteville, Arkansas, acting through its duly authorized representatives. The words "Mayor" and "City Council" shall mean the Mayor and City Council, respectively, for the City of Fayetteville, Arkansas. The words "Purchasing Officer" shall mean the Purchasing Officer for the City of Fayetteville, Arkansas. The words "City Attorney" shall mean the City Attorney for the City of Fayetteville, Arkansas. The word "ENGINEER" shall mean the engineering firm of McGoodwin, Williams and Yates, .Inc., Consulting Engineers, or their duly authorized agent, who has been employed by the City of. Fayetteville for this Work. The words "Resident Project Representative" shall mean the authorized representative of the ENGINEER who is assigned to the site or any part thereof. The word "surety" or "sureties" shall mean the bondsmen or party or parties who have made sure the fulfillments of the Contract by Bonds, and whose signatures are attached to said Bonds. The word "Advertisement" shall mean all the legal publications pertaining to the Work of this Contract. I.The word "Plans" shall mean, collectively, all of the Drawings pertaining to the Contract and made a part thereof, and also such Supplementary Drawings as the ENGINEER may issue from time to time in order to clarify the Drawings, or for the purpose of showing I. changes in the Work as authorized under the section "Modifications and Alterations," or for showing details which are not shown thereon. I. The term "grade" used in these Specifications is understood to refer to and indicate the established elevations of the paving, flow line of sewers or other appurtenances as shown on the Plans on file in the office of the official designated in the "Advertisement for Bids." Whenever the following abbreviations are used, they shall have the meanings given below: I ' SC -1 Supplementary Conditions 1 AASHTO - American Society of State Highway Officials ' ACI - American Concrete Institute AGA - American Gas Association AISC - American Institute of Steel Construction ANSI - American National Standards Institute APA - American Plywood Association ASA - American Standards Association I. ASTM - American Society for Testing Materials AWG - American Wire Gauge AWPA - American Wood Products Association AWS - American Welding Society AWWA - American Water Works Association GSA - General Services Administration, U. S. Government NBHA - National Builders Hardware Association NEC - National Electrical Code NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPT - National Pipe Thread SBC - Standard Building Code SPA - Southern Products Association UL - Underwriters' Laboratories A - ampere 1 abc - aggregate base course cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe C.Y. - cubic yard DIP - ductile iron pipe Ea. - each gpm - gallons per minute Hp - horsepower L.F. - linear foot L.S. - lump sum 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 S.F. - square foot S. Y. - square yard T.D. - time delay TDH - total dynamic head V - volt V.F. - vertical foot SC -2 PRELIMINARY MATTERS Add the following language at the end of paragraph 2.2 of the General Conditions: 1 SC -2 I I Supplementary Conditions r I I rI SC -2.2 Copies of Contract. Not less than six copies of the bound volumes of the proposal, Contract and stipulations shall be prepared, each containing an exact copy of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed and Contracts. signed by both parties thereto.. However, the CONTRACTOR and the surety executing the Bond shall not date the Contract or the Bond upon submission for execution by the OWNER. These documents will be dated the date the OWNER executes the Contract. SC -5 BONDS AND INSURANCE Add a new paragraph immediately after paragraph 5.1 of the General Conditions which is to read as follows: SC -5.1.1 Resident Agent. The CONTRACTOR shall furnish performance and payment bonds as provided for by Article, 5 of the General Conditions executed by a resident agent ornon-resident 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. SC -5.3.1 Licensed Sureties and Insurers: Certificates of Insurance. Add the following sentences at the end of the existing paragraph 5.3.1 of the General Conditions: "The surety on the bond shall be from a corporate surety company duly authorized to do business in the State of Arkansas.. Bonds must be written by an 'A' rated bonding company." SC -5.3.2 Licensed Sureties and Insurers; Certificates of Insurance. In paragraph 5.3.2•of the General Conditions, delete the last sentence (which is crossed out). SC -5.4.. CONTRACTOR'S Liability Insurance • Add the following paragraphs immediately after the respective paragraphs contained in SC -5.4 of the General Conditions: SC -5.4 The limits of liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: I SC -5.4i and SC -5.4.2 Workers' Compensation etc. under paragraphs 5.4.1 and 5.4.2 of the General Conditions: 1) State: Statutory .2) Applicable Federal (e.g. Longshoreman's): Statutory 3) Employer's Liability: I. $ 100,000 Each Occurrence. CONTRACTOR agrees to waive all rights of subrogation against McGoodwin, Williams and Yates, Inc., Consulting. Engineers, and the I. OWNER for Work performed under Contract. SC -5.4.3. SC -5.4.4 and SC -5.4.5 Comprehensive General Liability (under paragraphs 5.4.3 through 5.4.5 of the General Conditions): SC -3 Supplementary Conditions I $2,000,000 Combined Single Limit Policies will include premises/operations, products, completed operations, independent contractors, Explosion, Collapse, Underground Hazard, Broad Form Contractual, Personal Injury with employment exclusion deleted, and Broad Form Property Damage. _ SC -5.4.6 Comprehensive Automobile Liability Bodily Injury: $1,500,000 Each Person $3,000,000 Each Occurrence Property Damage: ' $ 600,000 Each Occurrence or a combined single limit of $2,000,000. SC -5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General Conditions in its entirety and insert the following in its place: 5.5 OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and save harmless the OWNER and ENGINEER from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the CONTRACTOR, his agent or employees in the execution of the Work or in the guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $2,000,000 for property damage and bodily injury limits, and with such provisions as will protect the OWNER and ENGINEER from contingent liability under this Contract. SC -5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 5.6 Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the Total Bid Price. This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom shall be listed as insureds or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all- risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all-risk" insurance or otherwise provided in these Supplementary Conditions, SC -4 I I Supplementary Conditions CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to. be •purchased and maintained by CONTRACTOR in accordance with this paragraph 5.6 shall contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to OWNER by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. SC -5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: 5.7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all. losses, the CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. SC -5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: 5.8 Policies shall also specify insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. All .policies will provide for 30 days written notice prior to any cancellation or nonrenewal of insurance policies required under Contract. "Will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives" wording will be deleted from certificates. SC -5.10 Delete paragraph 5.10 of the General Conditions in its entirety. • SC -5.12 Receipt and Application of Insurance Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. I SC -5.13 Delete paragraph 5.13 of the General Conditions in its entirety. SC -5.14 Acceptance of Bonds and Insurance. Delete paragraph 5.14 of the General Conditions in its entirety. SC -6 CONTRACTOR'S RESPONSIBILITIES SC -6.13 Permits. Add the following language at the end of the existing paragraph 6.13. of the General Conditions: "The CONTRACTOR shall obtain a Permit for Discharge of Stormwater from Construction Activities as required by the Arkansas Department of Environmental Quality. The responsibility for obtaining the permit (including any permit fees) and complying with all applicable regulations shall be borne by the CONTRACTOR." SC -5 Supplementary Conditions SC -6.14 Laws and Regulations. Add a new paragraph immediately after I paragraph 6.14.2 of the General Conditions which shall read as follows: SC -6.14.3 The CONTRACTOR shall prevent the pollution of drains and ' watercourses by sanitary wastes, sediment, debris, and other substances - resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris, or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. SC -6.24 Shop Drawings and Samples. Add the following language at the end of the first sentence of paragraph 6.24.1 of the General Conditions: "The Shop Drawing Review by the ENGINEER is for general compliance with the Contract Documents. No responsibility is assumed by the ENGINEER for correctness of dimensions or details." SC -7 OTHER WORK SC -7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: SC -7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER or ENGINEER, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work •by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER or ENGINEER on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12. An • Extension of the Contract Time shall be CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective responsibilities. SC -6 II Supplementary Conditions U El II SC -8 OWNER'S RESPONSIBILITIES SC -8.5 Delete paragraph 8.5 of the General Conditions in its entirety. SC -9 ENGINEER'S STATUS DURING CONSTRUCTION SC -9.3 Add the following language at the end of paragraph 9.3 of the General Conditions: SC -9.3 General The Resident Project Representative (RPR), who is the ENGINEER'S agent, will act as directed by and under the supervision of the ENGINEER and will confer with the ENGINEER regarding its actions. The Resident Project Representative's dealings in matters pertaining to the on -site Work shall, in general, be only with the ENGINEER and.the CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of the CONTRACTOR. Written communication with the OWNER will be only through or as directed by the ENGINEER. Duties and Responsibilities of RPR 1) Schedules. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2) Conferences and Meetings. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. • 3) Liaison. • a) Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on -site operations. b) Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4) Shop Drawings and Samples. a) Record date of receipt of Shop Drawings and samples. b) Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c) Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a .Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5) Review of Work, Resection of Defective Work, Inspections and Tests. I SC -7 Supplementary Conditions ' a) Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b) Report to ENGINEER whenever RPR believes than any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c) Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6) Interpretation of Contract Documents. Report to ENGINEER when 1 clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7) Modifications. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8) Records. , a) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b) Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive , Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c) Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. I 9) Reports. a) Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawings and sample submittals. b) Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. c) Draft proposed Change Orders and Work Directive Changes, obtaining SC -8 I 1 Supplementary Conditions backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. d) Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10) Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11) Certificates, Maintenance and Operation Manuals. During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. ,' 12) Completion. . a) Before ENGINEER issues a Certificate of Substantial Completion, submit Ito CONTRACTOR a list of observed items requiring completion or correction. b) Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or ' corrected. c) Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. ,' Limitations of Authority (except upon written instruction of the ENGINEER). iResident Project Representative: shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. shall not exceed limitations of ENGINEER'S authority as set forth in the Agreement or the Contract Documents. • shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'S superintendent. • shall not advise on, issue directions relative to or assume control ' over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. ' shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. shall not accept Shop Drawing or sample submittals from anyone -other than CONTRACTOR. L] SC -9 Supplementary Conditions I shall not authorize OWNER to occupy the Project in whole or in part. 1 shall not participate in specialized field or laboratory tests or I inspections conducted by others except as specifically authorized by ENGINEER. SC -11 CHANGE OF CONTRACT PRICE SC -11.9 Unit Price Work. Delete paragraph 11.9.3.1 of the General Conditions and add the following in its place: 11.9.3.1 the total cost of a particular item of Unit Price Work amounts to 15 percent or more of the Total Contract Price and if the units of work of the particular item of Unit Price Work performed by CONTRACTOR amounts to 125 percent or more of the estimated quantity of work set out in the Contract, the quantity of the unit price item in excess of 125 percent shall be subject to reevaluation and adjustment provided that documentation is presented that substantiates the claim; and TFQTC ANl IAICDCrTIfnM1C• PnDDCrTlfkl DCKAn /AI no A!`f`CnTAKIrC SC -13.5 Tests and Inspections. Add the following at the end of paragraph 13.5 of the General Conditions: All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and ENGINEER. END OF SUPPLEMENTARY CONDITIONS II I SC -10 I Section 01000 Project Requirements TECHNICAL SPECIFICATIONS 24 -INCH WATER MAIN REPLACEMENT WEST CUSTER STREET AND MORNINGSIDE DRIVE AREAS CITY OF FAYETTEVILLE, ARKANSAS City of Fayetteville Project No. 05040 Plans No. Fy-332 Dated June 2006 PROJECT REQUIREMENTS A. SCOPE OF WORK The work to be done under this contract is as shown on the Plans and as provided for in these Specifications, and shall include the furnishing of all materials, equipment, tools and supplies and performing all labor in the construction of work generally as follows: Replacement of • approximately 5,200 linear feet of 24 -inch water line including valves and all other appurtenances necessary for a complete installation. Schedule A: Bids for approximately 1,500 linear feet of replacement near Custer Street will include three options: 1) Removal and replacement of existing water line using 24 -inch ductile iron pipe; 2) Construction of a parallel water line using 24 -inch ductile iron pipe; and 3) Sliplining approximately 1,100 linear feet. of existing 24 -inch ductile iron pipe with 18 -inch HDPE pipe and construction of approximately 400 linear feet of 24 -inch ductile iron pipe. Schedule B: The installation of 2,720 linear feet of 24 -inch ductile iron pipe together with Highway 156 crossing and Town Branch Creek crossing. B. SEQUENCE OF THE WORK After the contract, bonds, and certificates of insurance have been furnished to the Owner, and the contract has been executed, the Engineer will issue a Notice to Proceed designating the date the Contract Times will commence. The Contractor shall complete the contract within the Contract Times set out in the Agreement. C. LANDS AND RIGHTS -OF -WAY The work to be performed under this contract shall be on permanent and temporary construction easements obtained by the City of Fayetteville, and on public rights -of -way. All access to the rights -of -way across private property, other than along the route shown on the Plans, shall be exercised by the Contractor only after having obtained written permission from each landowner for that particular access. All construction activities shall be limited to those areas defined within the permanent easements and temporary construction easements. Any activities outside these areas 01000-1 Section 01000 ' Project Requirements across private property will require written permission from the landowner(s). D. CONSTRUCTION STAKING , The Contractor shall furnish, without charge, competent men from his force and such , tools, stakes and other materials as the Engineer may require for setting horizontal and vertical control monuments and in making measurements and surveys and in establishing temporary or permanent reference marks in connection with said work. The Engineer shall provide at least two horizontal and vertical control monuments on -site. It shall be the Contractors responsibility to protect these monuments during the course of the contract. Any replacement costs incurred to reset these monuments shall be at the Contractors expense. All other stake -out on site shall be by the Contractor. E. STORAGE OF MATERIALS Materials shall be stored so as to ensure the preservation of their quality and fitness for the work. When directed by the Engineer, they shall be placed on a wooden platform or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be located so as to facilitate prompt inspection. F. SAFETY ' Act 291 of the 1993 Arkansas General Assembly requires that whenever any agency of the state, county, municipality, or school district, or other local taxing unit or improvement district enters into a contract for public works improvements which involves any trench or excavation which equals or exceeds five (5) feet in depth, the agency shall include in their specifications for the project the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P. This document is hereby incorporated into these Specifications by reference. G. SUNDAY, HOLIDAY AND NIGHT WORK Unless otherwise specified, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays, except work as is necessary for the proper care and protection of work already performed, or in case of any emergency, or in case of work which must be performed during periods of minimum water usage by water customers. 1- H. SECURITY The Contractor shall be responsible for protection of the site, and all work, materials, equipment and existing facilities thereon against vandals and other unauthorized persons. I No claim shall be made against the Owner by reason of any act of an employee or trespasser, and the Contractor shall make good all damage to Owners property resulting from his failure to provide security measures as specified. I 01000-2 Section 01000 Project Requirements II C 1 II II ACCESS ROADS The Contractor shall establish and maintain temporary access roads to various parts of the site as required to complete the project. The Contractor must show written agreement with the landowner for use of any land other than the land specified by the permanent and temporary construction easements. Scheduling, materials and construction procedures are specified in other sections of the documents: Such roads shall be available for the use of all others performing work or furnishing services in connection with the project. J. PARKING The Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the project, as required, to avoid any need for parking personal vehicles where they may interfere with Owner's operations or construction activities, or normal traffic movement do public roads, or parking by City employees. K.. DUST CONTROL The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. Dusty materials in piles or in transit shall be covered when practicable to prevent blowing. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected. Existing or new machinery, motors, instrument panels or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. L. TEMPORARY DRAINAGE PROVISIONS The Contractor shall provide for the drainage of stormwater and such water as may be applied or discharged on the site in performance of the work. Drainage facilities shall be adequate to prevent damage to the work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels) to protect Owner's facilities and the work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. M. EROSION CONTROL The Contractor shall prevent erosion of soil on the site and adjacent property resulting from his construction activities; Effective measures shall be initiated prior to the commencement of clearing, grading; excavation, or other operation that will disturb the natural protection. Work shall be scheduled to expose areas subject to erosion for the shortest possible LT 01000-3 Section 01000 Project Requirements time, and natural vegetation preserved to the greatest extent practicable. Temporary storage and construction buildings shall be located, and construction traffic routed, to minimize erosion. Temporary fast-growing vegetation and other suitable ground cover shall be provided as necessary to control runoff. N. POLLUTION CONTROL The Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. O. TREE AND PLANT PROTECTION All trees and other vegetation which must be removed to perform the work shall be removed and disposed of by Contractor. However, care shall be taken in yard areas not to remove trees or cultured plants unless specifically called for on the Plans. Trees and plants not removed shall be protected from direct injury from Contractor operations. Trimming and repair of tree and plant damage shall be performed by qualified nursery workers or horticulturists. P. MONTHLY ESTIMATES AND PAYMENTS Monthly payments under this contract shall be made for work completed through the payment date. The payment date shall be defined as the third Friday of each month, except in months containing five Fridays. In that event, the payment date shall be the fourth Friday of the month. A pay period shall be defined as time between consecutive payment dates. Exceptions may be made for special circumstances upon mutual agreement between the Owner and the Contractor. On or before the payment date of each month the Engineer will make an approximate estimate of the value of the work done and materials furnished in place on the work during the previous calendar month. The Engineer will include the cost value (including freight) of materials properly stored on the job site or within a thirty -mile radius of the job site. Stored materials shall include materials readily accounted for, but not such items as cement, aggregate, lumber, nails and miscellaneous items. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor the amount of such estimated value of materials furnished and work done during said previous calendar month, less retainage as provided by state law. If the Owner shall at any time fail to make the Contractor a monthly estimate at the time herein specified, such failure shall not be held to vitiate or void the contract. 01000-4 I Section 01000 Project Requirements Q. PAYMENT Payment shall be made in accordance with the bid items as set out in the Methods of Measurement and Payment. IR. CONNECTIONS TO EXISTING FACILITIES Connections to existing facilities are required for the water line work. All connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuously (around the clock) if necessary to complete connections in the minimum time. Operation of valves or other appurtenances on existing utilities, when required, shall be by or under the direct supervision of the owning utility. 4 S. PROTECTING AND REPLACING UTILITY SERVICES In some instances, the pipe will be installed under, alongside, and/or over existing public and/or private utility services: The Contractor shall be responsible for locating and protecting such services. In the event of Contractor damage to such utility lines, the Contractor shall be responsible for the repair and/or replacement of the damaged utility service. The Contractor may repairthe utility with his own labor, equipment and materials provided the Contractor has received prior written permission from the affected utility to do so. Otherwise, the Contractor shall coordinate with the various utility companies to make repairs to all services, and such costs will be charged to the Contractor. The Contractor shall make arrangements for utility service repair with the various utilities prior to start of construction. Where portions of the lines are to be laid adjacent to or under power lines, it shall be the responsibility of the Contractor to make arrangements with the power company for tying - off poles where necessary. It shall also be the responsibility of the Contractor to take whatever steps and precautions necessary to provide for the safety of the workmen and equipment when working in the vicinity of power lines. T. ABBREVIATIONS AND SYMBOLS Abbreviations and symbols used in these Specifications are described in the Supplementary Conditions, Article SC -1. U. CLEANUP. During construction, the Contractor shall keep the construction area in a clean, neat and workmanlike condition at all times. Pipe, equipment, and all other material shall be stored and protected in an area away from the construction operations. As soon as practicable, the area around all structures. 01000-5 Section 01000 Project Requirements shall be backfilled, and the entire area shall be maintained in a smooth condition at all times insofar as is practical. After construction work has been completed, the Contractor shall clean the entire area. Tops of structures, sidewalks, building walls (both exterior and interior), floors, equipment, ' and all painted and glass surfaces shall be cleaned of clay stain, mortar, or other materials, washing down with soap or other cleaning materials as required. Such touch-up work as required shall then be done to leave the area in a clean and neat ' condition. END OF SECTION 1 I I I 1 L 01000-6 1 LI Section 01025 Measurement & Payment I I I II II TECHNICAL SPECIFICATIONS METHODS OF MEASUREMENT AND PAYMENT A. GENERAL Methods of measurement and payment as set out in the Specifications covering the various items of construction are hereby clarified and superseded as set out herein. Wherever they are not clarified or superseded herein, methods of payment as provided in the applicable section of the Specifications shall govern. Payment for all work under this contract shall be made at the lump sum prices bid under the various items of the Bid as hereinafter set out. SCHEDULE A Bid Item 1.1 — Removal and Replacement of Existing Waterline Payment for the Removal and Replacement of Existing Waterline shall be made in accordance with the lump sum price bid. The price shall be full compensation for all materials, labor, and equipment necessary for every item of work as set out in the Plans and Specifications, including surface removal, trenching, excavation, bedding, backfilling, cleanup, pipe materials, polyethylene encasement, joint restraint where required, testing, sterilization, fittings, valves, fire hydrant assemblies; crushed stone bedding material required for undercut, thrust collars, connections to existing facilities, and all other items required for a complete installation. Bid Items 1.2. 2.2, and 3.2 — Trench or Excavation Safety System Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for trench or excavation safety system requirements in accordance with Act 291 of the 1993 Arkansas General Assembly. Payment under this item will not be made until project is completed, accepted, and the Contractor certifies that he has met all requirements as set out in said Act 291. Bid Item 2.1 — Construction of Parallel Waterline Payment for the Construction of Parallel Waterline shall be made in accordance with the lump sum price bid. The price shall be full. compensation for all materials, labor, and equipment necessary for every item of work as set out in the Plans and Specifications, including surface , removal, trenching, excavation, bedding, backfilling, cleanup, pipe materials, polyethylene encasement, joint restraint where required, testing, sterilization, fittings, valves, fire hydrant assemblies, crushed stone bedding material required for undercut, thrust collars, connections .to existing facilities, curb and gutter replacements, asphalt surface course repair, and all other items required for a complete installation. I 01025-1 Section 01025 Measurement & Payment Bid Item 3.1 — Sliplining and Partial Reconstruction Payment for the Sliplining and Partial Reconstruction shall be made in accordance with the lump sum price bid. The price shall be full compensation for all materials, labor, and equipment necessary for every item of work as set out in the Plans and Specifications, including surface removal, trenching, excavation, bedding, backfilling, cleanup, pipe materials, polyethylene encasement, joint restraint where required, testing, sterilization, fittings, valves, fire hydrant assemblies, crushed stone bedding material required for undercut, thrust collars, connections to existing facilities, sliplining, and all other items required for a complete installation. ' SCHEDULE B Bid Item 1 — Ductile Iron Pipe Water Line Payment for ductile iron water pipe shall be paid for at the unit price as given in the ' Bid. The price shall include surface removal, trenching, backfill, cleanup, polyethylene encasement, joint restraint where required, embedment materials, crushed stone on surface at driveways, testing, sterilizing, and all other work, materials, and equipment required for the complete installation of the line not specifically set out to be paid under other items of the Bid. Bid Item 2 — Compact Ductile Iron Fittings Payment for ductile iron fittings will be made at the unit price bid per pound under this item, as provided. The unit price bid shall include the furnishing and installation of the fittings, and all other related work not specifically compensated for under other items of the Bid, including retainer glands at locations specified on the Plans. The weight of the fittings will be based on standard AWWA C153/A21.53 weight tables for naked, compact mechanical joint fittings. The price bid shall include furnishing and installing the fittings and the required concrete reaction backing in accordance with the reaction detail schedule set out on the Plans. Bid Items 3 — Butterfly Valves Payment for butterfly valves (except 6 inch gate valves required for fire hydrant installations) shall be made at the unit price bid for each of the various types and sizes of valves, complete in place. The price shall include furnishing and installing the valves, valve boxes, concrete pad at ground surface, valve operator extension stems (if required), and every other item of work required for a complete installation as specified. , I 01025-2 1 I Section 01025 Measurement & Payment 1 Bid Item 4 —.Fire Hydrant Assembly (including Valve and Valve Box) Fire hydrant assemblies shall be paid for at the unit price given in the Bid. The bid price shall include the fire hydrant, fire hydrant valve and valve box, 6 -inch ductile ' iron pipe, concrete, and Class 7 base. The price bid shall include the cost of all other materials, labor, supplies, and equipment required to construct complete the fire hydrant installation as called for on the Plans and described in these ' Specifications. Payment for fittings in"water line shall be made under Item 2 of the Bid. I. Bid Item 5 — Crushed Stone Pipe Bedding Material for Undercut Payment for crushed stone trench backfill for undercut shall be made at the unit '• price bid per cubic yard. The unit price bid shall . be full compensation for furnishing, installing and compaction of aggregate base course, Class 7 crushed stone trench backfill in undercut trench bottom as directed by the Engineer and in accord with these Specifications. Bid Items 6, 7 and 8 — Steel Encasement and Bores Payment under this item shall be made in accordance with the lump sum price bid. The bid price shall include all of the labor, materials, equipment, and supplies required for a complete installation. This includes, but is not limited to, boring, furnishing the steel encasement, pipe casing spacers, and end seals, complete as shown on the Plans. IBid Item 9 — Rock Excavation Payment for rock excavation shall be made in accordance with the unit price bid per cubic yard. Measurement for rock excavation shall be as specified. Trench excavation classified as "rock excavation" in accordance with the Specifications shall be paid for under this Bid item. Bid Items 10, 11 and12 —Connections to Existing System ' Payment for connections to existing line shall be made at the unit price bid for each tie-in. The price bid shall be full compensation for all excavation, cutting ,existing lines, dewatering as required, coordination of taking existing lines out of • service and placing back into service after tie-in is complete, backfilling, cleanup, seeding, fertilizing, mulching, and every other item of work required for a complete I. tie-in as specified. This item also includes 8 x 8 tapping sleeve and valve and 8 inch water line. Payment for fittings and valves shall be made under appropriate bid items. Bid Item 13— Trench or Excavation Safety System Payment under this item shall be made in accordance with the lump sum price bid. The, price bid shall be full compensation for trench or excavation safety system 1 01025-3 Section 01025 Measurement & Payment requirements in accordance with Act 291 of the 1993 Arkansas General Assembly. Payment under this item will not be made until project is completed, accepted, and the Contractor certifies that he has met all requirements as set out in said Act 291. END OF SECTION Section 01301 Schedules 1 H. TECHNICAL SPECIFICATIONS ' SCHEDULES ' A. GENERAL The Contractor shall utilize and maintain through project completion critical path scheduling of all phases of work required for completion of the project within the contract time. Such schedule shall be submitted to the Engineer as required by the General Conditions and as specified herein. B. CRITICAL PATH SCHEDULE The Contractor shall show various phases of work to be performed, submittals, materials and equipment orders, receipt of materials and equipment, manpower,, skills, and equipment required, and completion dates of various phases of work to be performed for completion of the project. With reference to paragraphs 2.6 and 2.9 of the General Conditions, the Contractor shall have submitted all approvable critical path scheduling at least ten days before submission of the first application for payment. Coincident with all applications for payment, the Contractor shall submit to the Engineer I critical path progress status reports and revised schedules as required to show completion of the project. IEND OF SECTION I I I L I I. 01301-1 I I. I TECHNICAL SPECIFICATIONS SUBMITTALS A. GENERAL Section 01335 Submittals The Contractor shall submit a minimum of five copies of all materials and equipment proposed to be furnished on the project. Any items not in compliance with the Specifications shall be noted on the submittals. B. NON -SPECIFIED MATERIALS OR EQUIPMENT •Any equipment submitted other than that specified, which requires additional work to be performed, shall be noted by the Contractor prior to submittal. The cost of any additional work required shall be borne by the Contractor. I. C. COORDINATION OF WORK The Contractor shall allow two weeks for initial review by the Engineer. The Engineer I. may withhold action on any submittal which requires coordination with other submittals until such submittals are received. I I .1 I i I I END OF SECTION 01335-1 II • Section 01620 Materials Storage/Handling TECHNICAL SPECIFICATIONS STORAGE AND HANDLING OF MATERIALS A. GENERAL The Contractor shall be responsible for all material furnished by him and shall replace at his own expense all such material found defective in manufacture or damaged in handling after delivery by the manufacturer. This shall include the furnishing of all material and labor required for the replacement of installed material discovered defective prior to the final acceptance of the work. B. STORAGE OF MATERIALS The Contractor shall be responsible for the safe storage of material furnished by or to him and accepted by him, and intended for the work, until it has been incorporated in the completed project. The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign matter at all times. All materials shall be stored in strict conformance to the manufacturer's recommendations. C. HANDLING OF MATERIALS All materials furnished by the Contractor shall be delivered and distributed at the site by the Contractor. Pipe and accessories shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. Care of Pipe Coating and Lining. Pipe shall be so handled that the coating and lining will not be damaged. However, if any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense in a manner satisfactory to the Engineer. END OF SECTION 01620-1 Section 01660 Testing & Certifications TECHNICAL SPECIFICATIONS TESTING A. GENERAL The Contractor shall be responsible for and shall pay all costs associated with any inspection or testing required in connection with Owner's or Engineer's acceptance of materials• or equipment incorporated in the work, as provided for in Article 13 of the General Conditions. B. CERTIFICATES OF COMPLIANCE The Contractor shall be responsible for furnishing to the Engineer materials and equipment manufacturers' duly sworn certificates of compliance with all requirements and provisions of applicable standards such as, but not limited to, AWWA, ASTM, ANSI, AASHTO, AHTD, or others for all materials and equipment delivered to this project. C. SPECIFIC REQUIREMENTS Specific. -requirements for testing and. certificates of compliance are set forth in the Technical Specifications for each item of work. END OF SECTION 01660-1 Section 02110 Clear ROW/Fence Repair I. TECHNICAL SPECIFICATIONS CLEARING RIGHTS OF WAY, CUTTING AND REBUILDING/REPAIRING FENCES A. GENERAL The Owner has acquired both permanent and temporary. construction easements for the construction of water mains. The Contractor shall confine his activities to the rights -of - way obtained and to properties of the Owner. These Specifications allow debris to be disposed of at the option of the Contractor. It is specifically understood that all waste material and debris shall be disposed of in accordance with applicable federal, state, and local regulations. B. CLEARING RIGHTS -OF -WAY Parts of construction are indicated on the Plans as being through lawns, brush, timbered areas and fields of tall grass. There is not a separate pay item for the clearing of rights - of -way or for the disposing of brush, timber or other debris resulting from the clearing operation. Nor is. there a separate pay item for cutting and repairing/rebuilding fences. 1. Brush, Timbered Areas, Fields. Where construction is indicated on the Plans as being through brush, timbered areas, and fields of tall grass, the Engineer shall ' stake the centerline of the• proposed pipe line. The Contractor shall clear the • rights -of -way of brush and other debris and do such right-of-way construction as is necessary to provide an adequate working area within the easement limits. Upon completion of this work, the Engineer will then provide line and grade stakes required for construction. In clearing right-of-way, the Contractor shall remove only those trees necessary for the construction of improvements. Where the water line is to be constructed in close proximity to shade trees or other trees of significant`value, the Contractor will be expected to work near the trees without removing or damaging them. All brush, timber and other debris required to be removed from the construction of the work shall be hauled from the site and disposed of at the option of the Contractor. Burning of brush will be permissible, provided that there is full compliance with the provisions •of all state and local agencies controlling and • supervising these activities. • A portion of the work may cross private property in which livestock are at large. It is 1 the responsibility of the Contractor to see that the livestock are kept in the original pastures. It has been found that wilted wild cherry leaves are poisonous to livestock. Consequently, wherever wild cherry is removed or damaged, the I. branches shall be removed immediately from the site of the work, and shall be burned or disposed of so that it will be impossible for the livestock to have access to them. I.. . . •I 02110-1 Section 02110 ' Clear ROW/Fence Repair 2. Lawns and Other Well -Kept Areas. Where construction is shown on the Plans as being through lawns or other well -kept areas, the Engineer shall stake the general location of the rights -of -way, and shall provide line and grade stakes. The Contractor shall then clear any debris from the rights of way. All shrubbery, small trees (less than 4 inches in diameter), and other items of landscape shall either be I protected or shall be replaced at the Contractors expense. All limbs and other debris requiring removal shall be hauled from the site and disposed of at the option of the Contractor. 3. Utilities. The Contractor shall be responsible for uncovering all existing utilities which cross the water line easement in advance of construction. The Engineer shall be notified of any utility which is found to be within 10 feet of the outside diameter of the proposed new water line at utility crossing so that grades may be evaluated and adjusted, if required. ' 4. Power Lines. Where the Plans show a portion of the line to be laid adjacent to or under power lines, it shall be the responsibility of the Contractor to make any arrangements with the power company for "tying off' poles. It shall also be the responsibility of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and equipment when working in the vicinity of these power lines. The Contractor is advised of the extreme hazard to personnel from equipment contact or near contact with conductors of the transmission line. It is strongly recommended that low profile construction equipment be used and that a minimum 15 feet vertical clearance be maintained between any equipment and ' transmission conductors. Unless the water line is specifically set out to cross within the limits of the power line right-of-way, the Contractor shall not alter or work within the limits of the existing power line right-of-way. 5. Miscellaneous. Several signs, mailboxes, posts, fences, and other obstructions may require removal and replacement along the right-of-way. These shall be removed and protected. Temporary replacements shall be provided until the permanent installations are provided. After pipe construction in the immediate vicinity is complete, items damaged by the Contractor shall be replaced to their original conditions, at the expense of the Contractor. Payment for these items is to be included in the price bid per linear foot of pipe. 6. Fences - Cuffing and Repairing. The Plans show fences to be crossed during the course of construction. The fences are to be replaced to existing alignment as nearly as possible. Prior to cutting, the Engineer will witness the fence locations to points outside the right-of-way. Any stakes or other identification so used shall be protected by the Contractor J I I Prior to cutting of fences, the Contractor shall install a brace post assembly in the existing fence on each side of the pipeline. The exact location for the brace post 02110-2 Section 02110 Clear ROW/Fence Repair assembly shall be field determined. The tension of the existing fence shall not be reduced. The Contractor shall then construct temporary gates and fencing so as to maintain livestock in the original pasture during the construction period. There is no separate pay item for temporary gates and fencing, and shall be included in the price bid for pipe. Fencing shall be replaced according to the type of fence to be crossed during construction using new materials which are equal to or better than the original fencing material. • Where removal, replacement or repair of chain link, ornamental iron,.wood, rock or masonry fence is required, the Contractor shall retain a qualified specialty contractor to perform the work.. r After the pipeline has been installed, backfill placed and compacted, and excess material removed, the Contractor shall rebuild the fences across the right-of-way. 7. Restoration of Property Markers. Where property markers or public right-of-way markers have been disturbed or will be removed in the course of construction, the Contractor shall retain an Arkansas Registered Land Surveyor to witness the position of the marker prior to disturbance or removal. After the completion of construction, an Arkansas R.L.S. shall be retained to restore all disturbed or removed markers to their original position. I The Contractor is responsiblefor taking steps necessary.to assure the safety of livestock in the vicinity of the construction area. END OF SECTION 02110-3 Section 02113 Surface Removal TECHNICAL SPECIFICATIONS SURFACE REMOVAL A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, and incidentals necessary for removing surfaces within the limits of lawns, gardens, mowed, cultivated, or other well -kept areas or within the limits of any paved or unpaved driving surface. This specification does not apply to state or interstate highways, or driving surfaces within railroad rights of way unless otherwise directed by the Engineer. B. ALLOWABLE REMOVAL In all areas where water lines, sewer lines, force mains, sewer manholes, air release valve manholes, and other appurtenances are to be constructed, the surface shall be removed prior to excavating the trench. There is no pay item for surface removal and surface removal shall be considered part of trench excavation. The allowable limits of removal are dependent upon the type of area in or through which construction occurs and are set out below. No payment for surface repair will be made outside the width of allowable removal. 1. Lawns, Gardens, Mowed or Cultivated Areas, and Other Well -Kept Areas. In these areas, the Contractor shall excavate the top 6 inches of topsoil from the ditch line and store such along the ditch line so that it does not become mixed with the remaining excavation. The width of allowable surface removal shall be the standard trench width as defined in the Pipe section of these Specifications. The length of ground cover removed for the installation of pipe, fittings, manholes, or other appurtenances shall be the linear dimension of such structure plus 12 inches. 2. Wooded and Rocky Areas. In wooded or rocky areas the ground cover shall be removed as set out in paragraph B.1 above, except that the Contractor is not required to separate and store the top 6 inches of topsoil along the ditch line. 3. Driving Surfaces. Excavation within the limits of any driving surface, including paved and gravel streets or roads, driveways or parking areas shall be in • accordance with the following specifications.. The Contractor shall remove pavement and road surface as a part of the trench excavation, and the amount removed shall depend upon the width of trench specified for the installation of pipe, and the width and length of pavement area 02113-1 Section 02113 Surface Removal required to be removed for the installation of pipe, fittings, manholes, and other appurtenances. The Contractor shall use such methods, either drilling, chipping or sawing as will assure the breaking of the pavement along straight lines. The face of the remaining pavement shall be approximately vertical. Driving surface pavement and road surfaces shall be removed to the dimensions set out below, depending upon the type of driving surface to be removed. a. Asphaltic Pavement Removal. Asphaltic pavements shall be removed in accordance with the dimensions set out below. 1) Removal of Pavement for Pipe Construction. The width of asphaltic pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be the defined width of the trench plus 3 feet 6 inches each side of trench. The length of the asphaltic pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 12 inches. b. Concrete Pavement Removal. Concrete pavements shall be removed in accordance with the dimensions set out below. 1) Removal of Pavement for Pipe Construction. The width of concrete pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be as shown on the detail sheet of the Plans. The length of the concrete pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structures plus 12. inches. c. Unpaved Driving Surfaces. Gravel, dirt, or other unpaved driving surfaces shall be removed as follows. 1) Removal of Surface for Pipe Construction. The width of unpaved surface removed along the normal trench line for the installation of pipe shall be the standard trench width as defined on the detail sheet of the Plans plus 24 inches on each side of the trench. The length of unpaved surface removed along the normal trench line for the installation of fittings or other appurtenances shall be the dimension of such structure plus 12 inches. 02113-2 Section 02113 Surface Removal 4. Additional Surface Removal. Wherever, in the opinion of the Engineer, existing conditions make it necessary or advisable to remove additional surfaces, the Contractor shall remove it as directed by the Engineer. No extra compensation will be allowed for the extra surface removal. However, additional payment will be made at the unit price bid for the appropriate surface repair/replacement item as set out under the Methods of Measurement and Payment Section of these Specifications. However, if the Contractor removes or damages pavements beyond the limits specified above without approval of the Engineer, such surfaces shall be replaced or repaired at the expense of the Contractor. END OF SECTION El I 02113-3 Section 02211 Classification of Excavation TECHNICAL SPECIFICATIONS CLASSIFICATION OF EXCAVATION FOR CONSTRUCTION OF WATER LINE A. GENERAL Unless specifically provided for in the Bid and in the Methods of Measurement and Payment for rock excavation, all excavation shall be unclassified and considered subsidiary to related Bid items. B. DEFINITION OF ROCK EXCAVATION The work is underlain by broken chert, and/or solid chert, sandstone or limestone. The excavation required for construction of the pipeline may necessitate the excavation of solid chert, sandstone or limestone. The pay item for rock excavation in this project in the Bid and in the Methods, of Measurement and Payment for rock excavation will include: 1) solid chert, sandstone or limestone which requires blasting for removal; 2) solid or consolidated chert, sandstone or limestone which cannot be normally ripped and removed with the power -operated excavator without hammering with the bucket which causes undue damage to the equipment; or 3) boulders and pieces of masonry or concrete which exceed 1,000 pounds in weight. Layers of rock less than 12 inches in depth will not be considered for payment. Layers greater than 12 inches will be considered for payment only when the length exceeds 5 feet. Broken or weathered chert, sandstone or limestone which can be normally excavated with the power -operated excavator will not be classified as rock excavation. Rock and/or broken chert excavated in clearing of right of way and surface removal will not be classified nor will it be paid for as rock excavation. C.' MEASUREMENT Measurement for rock excavation will be made on the basis of depth measured from 4 inches below the bottom of the pipe to the top of the rock by a minimum width of either the pipe outside diameter plus 16 inches or the pipe outside diameter times 1.25 plus 12 inches, whichever is greater. No payment for rock excavation outside these limits will be made. !1 vu 02211-1 Section 02211 Classification of Excavation 1 Rock excavation shall be measured in place by the Resident Project Representative (RPR) before the trench is backfilled. At the end of each day's pipe laying operations, when the quantity of rock excavation has been determined, the RPR shall record the quantity of rock excavation to be paid for in his daily field report. The RPR will deliver a copy of the daily field report to the Contractor's representative. The Contractor's representative shall initial the RPR's copy of the daily field report indicating his agreement with the measured rock excavation for that day. END OF SECTION I LI I I 1 I" I I ii ii II I 02211-2 1 II Section 02221 Backfilling TECHNICAL SPECIFICATIONS PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL 1 A. GENERAL The work to be included under this section of the Specifications shall consist of providing �1 all materials, labor, equipment, tools, supplies and incidentals necessary for backfilling areas excavated during the construction of vaults, water lines, valves, fittings, fire hydrants, and other appurtenances. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. Areas of construction within creek or river crossings, county roads, or state highways shall be backfilled in accordance with other sections of these Specifications. B. MATERIALS Crushed Stone Backfill. Crushed stone backfill (where specified or directed by the Engineer) shall be AHTD aggregate base course, Class 7, as defined in the latest edition of the Arkansas State Highway Department Specifications. The Contractor shall submit suppliers' certificates stating that the material provided is in accordance with these Specifications. C. CONSTRUCTION . Areas excavated for the construction of water lines, valves, fittings, and other appurtenances shall have pipe protection cover placed, and shall be backfilled in accordance with these Specifications. 1. " Backfilling. After the pipe bedding has been placed (including up through 12 inches above top of 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 and in accordance with the following Specifications, depending upon the type of area in which excavation occurs. ' Extra care shall be exercised around valves and hydrants to assure that the backfill material is placed evenly around the perimeter of the appurtenance. a. Compaction. All pipeline trench backfill shall be placed in layers of appropriate thickness and compacted using a mechanical, hydraulically - powered vibratory trench compactor or other equivalent equipment. All trench. backfill (except under paved areas and sidewalks) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soil. Crushed stone trench backfill where required shall be compacted to 95 percent modified Proctor density (ASTM D1557-78). The density of backfill material, including crushed stone trench backfill, shall be determined at locations selected by the Engineer at no less than 500 foot intervals. Two additional tests will be made for each test failure at 02221-1 Section 02221 , Backfilling approximately 100 feet either side of failing test. The test shall be conducted at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil. All surfaces to be paved will be tested • at various depths below grade. Unpaved roadway surfaces shall be tested at 12 inches below finished grade. The cost for performing all density tests shall be borne by the Contractor. I The test shall be performed by a qualified soils laboratory technician approved by the Engineer. The equipment procedures shall also be I approved by the Engineer. b. Driving Surface Crossings (Perpendicular to Centerline). In all areas where excavation crosses within the limits of any driving surface, including paved and gravel streets or roads, driveways and parking lots, the trench shall be backfilled in 8 inch lifts with crushed stone trench backfill and compacted to 95 percent of modified Proctor density (ASTM 1557-78) immediately upon completion of the aforementioned portion of the backfilling operation. c. Lawns, Gardens and Other Well -Kept Areas. After the pipe protection cover has been placed, the trench shall then be backfilled and compacted with excavated material. Topsoil stored along the trench line shall then be replaced to a minimum depth of 6 inches over the trench and 3 inches over all damaged surfaces. In the event there is insufficient topsoil stored along the ditch line to accomplish the topsoiling requirement, then the Contractor shall haul in additional topsoil to meet this requirement and shall do so without additional cost to the Owner. The topsoil over the trench shall be left slightly rounded in order to allow for some settlement. It is the intent of these Specifications to ensure that no settlement of the trench occurs after I seeding and mulching the areas. In the event such does occur, it will be the responsibility of the Contractor to repair the settled areas. d. Mowed or Cultivated Areas (Excluding Gardens). The requirements for lI backfilling in these areas is identical to that specified in paragraph b above, except that it is the intent of the Specifications to replace the top 6 inches of the soil using the excavated topsoil, regardless of the quality of that material. Only when the Contractor allows the material excavated from the top of the trench to become mixed with the remaining excavation will he be required to haul in additional material to replace the top 6 inches. If the Contractor is required to haul in additional material, he shall haul in good grade topsoil (free of roots, weeds, clay and rocks, and from a source approved by the Engineer) and shall do so without additional cost to the Owner. e. Steep, Wooded or Rocky Areas. After the pipe protection cover has been placed, the trench shall be backfilled with excavated material. The trench shall be compacted to ensure that the backfill has been thoroughly consolidated. The trench backfill material shall be left slightly rounded to allow for additional settling. f. Sidewalks, Curb and Gutter Crossings. In all areas where excavation crosses or is parallel to and within the limits of a sidewalk or curb and 02221-2 Section 02221 Backfilling II gutter, the trench shall be backfilled with aggregate base course, Class 7, as specified in paragraph 1.b above. 3. Cleanup. Cleanup shallbe as specified elsewhere in these Specifications. END OF SECTION 02221-3 Section 02461 Aggregate Base Course TECHNICAL SPECIFICATIONS AGGREGATE BASE COURSE, CLASS 7 A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, testing and incidentals necessary for providing, placing and compacting aggregate base course, Class 7, as shown on the Plans and as hereinafter specified. B. MATERIALSAND EXECUTION The Contractor shall furnish materials and place and compact aggregate base course, Class 7, as specified by Section 303 of "Standard Specifications for Highway Construction," latest edition, published by the Arkansas State Highway Commission. These specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas. Aggregate base course, Class 7, shall be compacted to 95 percent of modified Proctor (ASTM D1557-78). C. TESTING All testing, gradation, plasticity, modified Proctor standards, and in -place densities of aggregate base course, Class 7, shall be performed by a laboratory acceptable to the Engineer. All costs associated with the required testing shall be borne by the Contractor. The number of tests required shall be one per street crossing, one per driveway location, one per 2,500 square feet in parking lot locations (unless otherwise directed by Engineer due to lack of consistency or failure of tests by Contractor), one per 500 linear feet for trench backfill, and one per 200 linear feet of trench bottom where overexcavation required trench filling, to be taken at the locations directed by the Engineer. All tests shall be taken at the locations directed by the Engineer performed at the option of the Contractor shall be at the expense shall not be included in the number of tests specified previously. END OF SECTION • Any retest or tests of the Contractor and 02461-1 Section 02510 Street/County Road Crossings TECHNICAL SPECIFICATIONS STREET AND COUNTY ROAD CROSSINGS A. GENERAL This item shall consist of obtaining permits and posting bonds and/or deposits which may be required by the City of Springdale, Washington County, and Benton County, and providing all labor, equipment, tools, supplies and incidentals necessary for the crossing, maintaining and restoring streets and roads to the satisfaction of the permitting entity. The work shall include every item of work necessary for a complete and acceptable installation. B. MATERIALS 1. Pipe Bedding Material. Pipe bedding material shall be as specified elsewhere in these Specifications. 2. Crushed Stone Backfill. Crushed stone backfill (where specified) shall be as specified elsewhere in these Specifications for crushed stone base. 3. Crushed Stone Base. Crushed stone base shall be in conformity with the gradation and hardness requirements asset forth in the latest edition of Arkansas State Highway Department Standard Specifications, aggregate base course Class 7. 4. Prime and Tack Coats. Prime and tack coat material shall be EPR-1 PRIME emulsified petroleum resin prime as manufactured by Blacklidge Emulsions, Inc., Gulfport, Mississippi, or equal. The application rate shall be approximately 0.25 gallon per square yard applied as recommended by the manufacturer. Application equipment and procedures shall be as set forth in the latest edition of the Arkansas State Highway Department Standard Specifications. 5. Asphaltic Concrete Hot -Mixed Surface Course. The asphaltic concrete hot -mixed surface, course shall be Type 2 as set forth in the latest edition of the Arkansas State Highway and Transportation Standard Specifications. C. REFERENCED MATERIALS AND CONSTRUCTION The following specifications are hereby referenced and made a part of these Specifications. These specifications are contained in the "Standard Specifications for Highway Construction," latest edition, published by the Arkansas State Highway and Transportation Commission. The page. numbers given below refer to pages in these "Standard Specifications for Highway Construction." These specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, 02510-1 Section 02510 II Street/County Road Crossings Arkansas, and are set out below. Asphalt Pavement, Part 400 Pages 1 Prime and Tack Coats and Emulsified Asphalt in Base Course, Section 401........................................................................117-120 Materials and Equipment for Prime Tack and Asphalt Surface Treatments, Section 403 ................................................... 124-127 Asphalt Concrete Hot -Mix Surface Course, Section 406 ..............................133-135 Materials and Equipment for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 409 ......................................140-151 Construction Requirements for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 410 ..................................... 151-158 1 D. EXECUTION The Contractor shall obtain required permits, and post required bonds and/or deposits with the permitting entity. Street crossings in the City of Springdale shall be performed in accord with the City of Springdale Code of Ordinances. County road crossings shall be j performed in accord with applicable county court orders and ordinances. The Contractor must provide a street closing plan to the Engineer one week prior to I closing street. The Contractor shall provide and maintain during his construction activities adequate barricades, construction signs, torches, lanterns and guards as required to protect persons from injury and to avoid property damage. All materials piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences and/or barricades and shall be protected by adequate torches and lanterns. Execution of adequate safety precautions set forth in the General and Special Conditions is the sole responsibility of the Contractor. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. The Contractor shall obtain permission from the City and notify the fire department, ambulance service, etc., prior to closing of any street. 02510-2 11 Section 02510 Street/County Road Crossings All areas excavated for the construction of sewer lines and appurtenances within city streets and/or county roads shall have bedding, pipe protection cover and backfill placed as specified elsewhere in these Specifications, and as detailed on the Plans. Crushed stone base shall be placed and compacted to 95 percent of modified Proctor density (ASTM D1557-78), as shown on the Plans. All asphaltic surfaces shall be replaced with asphaltic concrete hot -mixed surface course. Asphaltic concrete hot -mixed surface course, Type 2, shall be constructed as specified herein, and as shown on the Plans. All Portland cement surfaces shall be replaced with Portland cement concrete. Portland cement concrete surfacing shall be constructed as specified elsewhere in these Specifications, and as shown on the Plans. All unpaved driving surfaces shall be replaced with crushed stone base as specified elsewhere in these Specifications, and as shown on the Plans. All street and county road right-of-way disturbed by construction of these facilities shall be restored to its original.or equivalent condition as required by the permitting entity. END OF SECTION 02510-3 Section 02512 AHTD Crossings TECHNICAL SPECIFICATIONS ARKANSAS STATE HIGHWAY CROSSINGS AND ACCESS ROAD CROSSINGS A. GENERAL The:work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary to bore and insert a casing pipe existing Arkansas State Highway(s). B; MATERIALS Carrier Pipe. The carrier pipe shall be in conformance to that section of the Specifications governing water lines. 2. Casing Pipe. Unless otherwise shown on the Plans, all casing pipe shall be welded or seamless new steel pipe having a wall thickness as shown on the Plans and a minimum yield strength of 35,000 pounds per square inch. 3. Casing Spacers and End Seals. Casing spacers for use in the casing pipe shall be Model SSI (12 inch band, runners 2 inches wide and 11 inches long), as manufactured by Advance Products and Systems, Inc., or approved equal. The end seals shall be watertight and shall be Model AW wrap -around end seal as manufactured by Advance Products and Systems, Inc., or approved equal. C. CONSTRUCTION The Plans show the location of highway crossings to be made. The crossings shall be accomplished by boring and inserting a casing pipe of the type, thickness, diameter and length as specified or shown on the Plans. 1. Permit Application. The Owner has made application with the Arkansas State Highway and Transportation Department for permits which include all crossings and construction on AHTD right of way as shown on the Plans. A copy of the permit issued by the AHTD will be furnished to the Contractor by the Owner. A copy of the license or permit issued by the AHTD shall be kept on the job site at all times. 2. Bond Posted. The Owner will be required to post a deposit or acceptable bond with the Arkansas State Highway and ' Transportation Department prior to the issuance of the permit. Upon completion of all highway crossings, including repair and cleanup in accordance with these Plans and Specifications, and upon receiving final • approval from the Arkansas State Highway and Transportation • Department, the bond or deposit will be returned to the Owner. A percentage equal to the amount of the bond will be held from the Contractor's pay until the bond has been released. 3. Location of Utilities. The Contractor shall be responsible for the location of all utility lines located within the area of construction. 02512-1 Section 02512 AHTD Crossings 4. Traffic Control. It shall be the responsibility of the Contractor to provide sufficient flagmen, signs, barricades, lights and other items required to ensure complete safety of the public and the workmen at all times. Traffic control on state or federal highways shall be conducted and maintained as set forth in the Manual on Uniform Traffic Control Devices as published by the U. S. Department of Transportation, Federal Highway Administration. The following data sheets are intended as guidelines for typical sign dimensions and application for various types of installation. , 5. Borings. The crossing shall be made by boring or tunneling and inserting a casing pipe. The top of the casing pipe shall be a minimum of 3.0 feet below the low points of the roadbed cross section (including ditches) or 4.0 feet below the top of the pavement at any location along the casing pipe, whichever gives the greater depth. If rock is encountered and all available means of making the crossings by boring or tunneling have been exhausted, the Engineer will make application to the Arkansas State Highway and Transportation Department to make the installation by the open cut method. 6. Open Cut. If approval to open cut is received, the Contractor shall proceed with the installation in full accordance with all provisions and special conditions set forth by the Arkansas State Highway and Transportation Department. Any additional cost of deposits or bonds for open cutting shall be borne by the Contractor. Since the return of the deposit required by the AHTD depends upon returning the roadbed to its original or better condition, the Contractor will be required to complete this item of construction to the satisfaction of the Highway Department. 7. Restoration of Property. Any highway property disturbed by the installation of the I facility shall be restored to its original or equivalent condition including establishing a sod as required by the District Engineer. I 8. Casing Spacers and End Seals. The carrier pipe shall be inserted through the casing pipe using casing spacers. The casing spacers shall be installed in accordance with the manufacturer's recommendations. There shall be three casing spacers on each 20 foot joint of pipe. Each end of the casing pipe shall be sealed using an end seal, as specified elsewhere in this section. END OF SECTION 1 It 02512-2 1 n <=₹a> >≥N r I I o -- I TLI_I_L ,.a r z . C CI N O N I 1 .1 -- o o, - I - _ W I ^• U- —p i. I 111111 I I ¢DI W I i <W>- I I I o I I I •I I o b I I I I I 111 111 I I I 1 I I I g2 e I I a I I I o I I I W W Jge R¢ n I r I I 2 (= N I1 I W }a. r I F I =Q.i ( 2 I I s e. O W I I f¢ I I WW BLL CN _aN I. I i i w I N 1i I ZQK I Ux'O I 1 O 3 c I JOO I .2o .. �. t y N I N W W W U I I = cm W Q Y_J - T! r N ¢ r OU.rSi c �VI 00 on ₹Q0> a a JWS I 0-' SW1J�N cc 6 I¢> I N ZN o WU Yi�aja <≤ V I' g $Zm 1' 41 z¢ I oW =�gW y` G I I VOW It JS ` I W¢ �u woorS>J WLL5. J W WY J I r W E f I WQ<J N = J I I' '11. 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O•.O N • F-•.O':O N • w J'=O 3 y o �I JI I I I ry I I FIGURE �= �' Section 02565 DIP W/L TECHNICAL SPECIFICATIONS DUCTILE IRON PIPE AND DUCTILE IRON PIPE FITTINGS FOR WATER LINES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of ductile iron pipe water lines. The work shall include every item of = construction necessary' for a complete and acceptable installation as shown on the Plans i and hereinafter specified B. MATERIALS 1. Ductile Iron Pipe and Ductile Iron Pipe Fittings With Push -On or Mechanical Type Joints. Unless otherwise shown on the Plans or specified, all pipe and pipe fittings furnished on this project shall be ductile iron, with either push -on or mechanical type joints. Flanged pipe or pipe fittings shall be used only as indicated on the Plans, and shall be in conformance with this Specification. a. Ductile Iron Pipe (3 Inch Through 64 Inch). All ductile iron pipe furnished with either push -on or mechanical type joints shall conform to the requirements of "Thickness Design of Ductile Iron Pipe," ANSI/AWWA C150/A21.50, latest revision, and "Ductile Iron Pipe, Centrifugally Cast, for • Water," ANSI/AWWA C151/A21.51, latest version. Pipe shall be Pressure Class 200. b. Ductile Iron Pipe Fittings 1) 64 Inch). All fittings 3 inch through 24 inch and 54 inch through 64 inch shall be ductile iron, fittings and shall conform to the requirements of ANSI/AWWA C153/A21.53, latest revision, for "Ductile Iron Compact Fittings, 3 In. Through 24 In. (76 mm through 610 mm) and 54 In. Through 64 In. (1400 mm through 1600 mm), for Water Service." All fittings shall have a minimum pressure rating of 250 psi, and shall be "Made in U.S.A." -• 2) Ductile Iron Pipe Fittings (30 Inch Through 48 Inch). All fittings 30 inch through 48 inch shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C110/A21.10; latest revision, for "Ductile -Iron and Gray -Iron Fittings, 3 In. Through '48 In. (75 mm through 1200 mm), for Water and Other Liquids." I- c. Ductile Iron Pipe Joints. All ductile iron pipe and ductile iron pipe fittings with mechanical or push -on type joints shall have rubber gasket joints in conformance with "Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings," ANSI/AWWA C111/A21.11, latest revision. d.. Restrained Joints. Mechanical joint restraint shall be incorporated into the design of the follower gland. The restraining -mechanism shall consist of. individually actuated wedges that increase their resistance to pull-out as• 02565-1 Section 02565 1 DIPW/L pressure or external forces increase. The device shall be capable of full mechanical joint deflection during assembly and the flexibility of the joint shall be maintained after burial. The joint restraint ring and its wedging components shall be made of Grade 60-42-10 ductile iron conforming to ASTM A536-84. The wedges shall be ductile iron heat -treated to a minimum hardness of 370 BHN. Dimensions of the gland shall be such that it can be used with the standardized mechanical joint bell conforming to ANSI/AWWA C111/A21.11 and ANSI/AWWA C153/A21.53 of the latest revision. Torque limiting twist -off nuts shall be used to ensure proper actuation of the restraining wedges. The mechanical joint restraint shall be available in the 3 through 48 inch sizes. They shall have a rated working pressures of 350 psi in sizes 16 inch and smaller, and 250 psi in sizes 18 inch through 48 inch. The devices shall be listed by Underwriters Laboratories up through the 24 inch size and approved by Factory Mutual L up through the 12 inch size. The restraint shall be Series 1100 Megalug restraint as produced by EBBA Iron, Inc., or equal. e. Swivel Fittings and Fire Hydrant Tee. Fire hydrant shall be set using MJ, MJ, swivel joint fittings having retainer lip and swivel rotatable gland for positive restraint without tie rods. Restraint joints shall be used where testing will be done against closed valves, and at other locations at the Contractor's option. I f. Adapters. Foster adapters are approved for use for restraint of valve and/or fittings. 2. Cement Mortar Lining. All ductile iron pipe and ductile iron pipe fittings shall have 11 a standard thickness cement mortar lining in conformance to ANSI/AWWA C104/A21.4, latest revision, "Cement -Mortar Lining for Ductile -Iron Pipe and Fittings for Water." 3. Outside Coating. All ductile iron pipe shall have either a bituminous exterior coating, or shall be delivered to the site factory cleaned and primed as set out below. a. Factory Primed Pipe. Unless otherwise shown on the Plans, all exposed I •pipe and fittings within the limits of structure walls or all pipe exposed above ground shall be delivered to the job site factory blasted, cleaned and primed with one coat of Tnemec Series 140-1211 Pota-Pox Plus, or approved equal compatible with paint systems to be provided by the Contractor. (Also see Section 09800 of these Specifications.) b. Bituminous Coating. All pipe and fittings indicated for buried service shall have a bituminous coating approximately 1 mil thick. The coating shall be factory applied to the outside of all pipe and fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. I 4. Ductile Iron Pipe Joint Lubricant. Joint lubricant shall be provided by the pipe manufacturer, and applied as per the manufacturer's recommendations. 02565-2 Section 02565 DIP W/L 5. Crushed Stone Trench Backfill. Crushed limestone trench backfill, where required, shall be AHTD aggregate base course, Class 7, as defined in the latest edition of ij the Arkansas State Highway Department Specifications. The crushed limestone supplier shall submit certificates stating that the materials provided are in conformance with these Specifications. 6. Concrete. Concrete used for reaction backing, pipe cover, or pipe encasement shall be in conformance with the Concrete section of these Specifications. 7. Affidavits of Compliance and Independent Laboratory Inspection: All ductile iron pipe and ductile iron pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. If evidence appears that all provisions of the applicable ASTM/AWWA Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the • Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. 8. Polyethylene Encasement. All ductile, cast or iron buried pipe and fittings shall have polyethylene encasement in conformance to ANSI/AWWA C105/A21.5, latest revision, "Polyethylene Encasement for Ductile -Iron Pipe Systems." The polyethylene film shall have a minimum nominal thickness of .008 inch (8 mils), and shall be provided in either flat tube or sheet form, at the option of the Contractor. 9. Pipe Embedment Material. Pipe embedment materials shall be: a. Materials meeting either ASTM D448 Size No. 67 or ASTM D2774. b. Class 7 ABC (see paragraph C.6.b below). In no case shall the maximum dimension of rock exceed 1.5 inch; nor shall any products that contain lead be used. 10. Tracer Tape. Tracer tape shall be detectable marker tape 3 inches wide with the words "BURIED WATER LINE BELOW" printed along the tape in 1-1/4 inch • minimum letter height. Magnetic tape shall be traceable by either conductive or inductive methods. 02565-3 Section 02565 DIP W/L C. DUCTILE IRON PIPE WATER LINE CONSTRUCTION 1. General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. 2. Alignment and Grade. The water main shall be laid and maintained to the required L lines and grades with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. 3. Installing Ductile Iron Pipe. Ductile iron pipe and ductile iron pipe fittings shall be installed in conformance with the recommendations of AWWA C600, latest revision, for "Installation of Ductile Iron Water Mains and Their Appurtenances," and in conformance with the Specifications hereinafter set out. 4. Requirements Preparatory to Trench Excavation. In all areas where water lines, valves, or other appurtenances are to be constructed, the existing surface shall be removed prior to excavating the trench. There is no pay item for these requirements and shall be considered part of the trench excavation. These requirements are dependent upon the type of area in which water line construction occurs and are set out elsewhere in these Specifications. I 5. Trench Excavation. All excavation of any nature shall be unclassified and payment for same shall be included in the price bid. The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as set out elsewhere in this Specification. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. J The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and i unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or otherwise damaged. a. Trench Depth. The trench shall be excavated to at least 6 inches below the I grade required to provide a minimum of 36 inches of pipe cover. This pipe cover shall be measured and is defined as follows. a (1) Land Level Normal to the Direction of the Pipeline. A minimum of 36 inches of cover shall be provided. This cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ground surface. 02565-4 1 Section 02565 DIP W/L (2) Cut Sections; A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the adjacent low surface of the right of way. (3) Fill Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the natural ground surface underlying the fill. b. Trench Width. The excavated water line trench shall not exceed the width as shown on the standard detail sheet of the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel. If the Contractor overexcavates the trench, he shall provide additional pipe bedding gravel or concrete as necessary to prevent crushing of the water I. pipe due to excessive earth loads. All additional bedding material or concrete required shall be furnished at the Contractors expense. C. Trench Length. The Engineer shall have the right to limit the amount of trench excavated in advance of laying the pipe. In general, such excavation shall not exceed 300 feet, and trench excavated to grade shall not exceed 150 feet. Every trench in rock shall be fully opened at least 50 feet in advance of the place where pipe is being laid. 6. Ductile Iron Pipe Embedment. After the trench has been excavated as set out above, the ductile iron pipe shall have a bed prepared according to the type of area through which construction is proceeding. a. Pipe Embedment. The ductile iron pipe shall be bedded in embedment material as specified elsewhere in these Specifications. The pipe shall be , bedded from a point 6 inches below the bottom of the pipe barrel to a point 12 inches above the top of pipe. All overexcavation below the pipe shall be backfilled with pipe embedment material at the Contractor's expense. The additional material required will be placed in. 8 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. There is no separate pay item for embedment material. This item shall be subsidiary to the pipe. .b. Pipe Embedment and Backfill (Driving Surfaces. Curb and Gutter. or Areas limits and approximately perpendicular to or crossing curb and gutter. or driving surfaces, including paved and unpaved roads, driveways or parking lots, the bedding material shall be aggregate base course, Class 7. Where • the. bottom of the trench is solid rock, the pipe bedding material shall be aggregate base course, Class 7. All overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractor's expense. The additional material required will be placed in 3 inch lifts and thoroughly tamped. This procedure will be 02565-5 Section 02565 DIP W/L repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. 7. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with aggregate base course, Class 7, in 8 inch uncompacted layers. The layers shall be hand or machine tamped as directed .by the Engineer so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Extra payment will be made for the additional trench backfill required in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the I Contractor for the additional excavation. 8. Bracing and Shoring. The sides of any excavation, when deemed necessary, shall be properly supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left in place, and the water line trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting, or shoring whether it is withdrawn or left in the trench. I 9. Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with dry loam, sand, or crushed limestone bedding gravel at his own expense. Under no conditions will ductile iron pipe water line be laid in a trench that has not been properly dewatered. 10. Deviations Occasioned by Other Structures. Whenever obstructions not shown on the Plans are encountered during the progress of the work and interfere to such an extent that an alteration in the plan is required, the Engineer shall have the authority to change the Plans and order a deviation from the line and grade or arrange with the owners of the structures for the removal, relocation or. reconstruction of the obstruction. 11. Concrete Reaction Backing. Unless restrained joints are required as shown on Plans, all ductile iron pipe fittings shall have concrete reaction backing. Backing shall be placed between solid ground and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail sheet of the Plans or as directed by the Engineer. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with Visqueen prior to the placement of reaction backing. 12. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by the Engineer, concrete cover shall be placed over the top of the water line to the dimensions shown on the Plans. Where in the opinion of the Engineer additional concrete cover is required, it shall be provided and installed by the Contractor. 02565-6 1 Section 02565 DIP W/L 13. Concrete Encasement. Where .shown on the Plans or otherwise directed by the Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where in the opinion of the Engineer additional encasement is required, it shall be provided and installed by the Contractor. Pipe joints shall not be encased fora distance of 2 feet either side of the joint. 14. Replacement and Repair of Driving Surfaces. Replacement and repair of driving surfaces shall be made in accordance with these Specifications, as applicable. 15. Polyethylene Encasement. Polyethylene encasement shall be provided on all buried fittings, and on ductile iron pipe where shown on the Plans, in accordance with ANSI/AWWA C105/A21.5, latest revision, for either Method A, B, or C installation. Double thickness of polyethylene encasement shall be provided on ductile iron pipe and fittings at the locations as shown on the Plans. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. END OF SECTION 02565-7 Section 02566 Polyethylene Encasement TECHNICAL SPECIFICATIONS POLYETHYLENE ENCASEMENT A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for polyethylene encasement of pipe, fittings, valves and other appurtenances as shown on the Plans and hereinafter specified. B. MATERIALS Polyethylene Encasement. Polyethylene shall be in conformance to ANSI/AWWA C105, latest revision. The polyethylene film shall have a minimum nominal thickness of .008 inch (8 mils), and shall be provided in either flat tube or sheet form, at the option, of the Contractor. C.' LOCATION Polyethylene encasement shall be provided on all buried ductile iron pipe and fittings, except where ductile iron pipe is placed in steel encasement. Double thickness of polyethylene encasement shall be provided on ductile iron pipe and fittings at the locations as shown on the Plans. D. CONSTRUCTION Polyethylene encasement shall be installed in accordance with ANSI/AWWA C105, latest revision, for either Method A, B or.C installation. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. END OF SECTION 02566-1 Section 02570 HDPE Pipe/Fittings TECHNICAL SPECIFICATIONS HIGH -DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of HDPE pipe water lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. The pipe and fittings shall be made Extra High Molecular Weight (EHMW) high - density polyethylene with a standard thermoplastic material designation code of PE3408 and having a cell classification of 345464C per ASTM D3350. 2. Materials used to manufacture pipe and fittings shall be listed under the manufacturer's name in the Plastics Pipe Institute (PPI) TR-4, "PPI Listing of Hydrostatic Design Basis (HDB), Strength Design Basis (SDB), Pressure Design Basis (PDB), and Minimum Required Strength (MRS) Ratings for Thermoplastic Piping Materials or Pipe." The manufacturer shall supply a product with a standard grade HDB rating of 1,600 psi (minimum) at 73°F and 800 psi (minimum) for 140°F. Upon request, the manufacturer shall supply certification that the materials used to manufacture the pipe and fittings meet the above requirements. 3. All materials, which come in contact with water, including lubricants, shall be •evaluated, tested and certified for conformance with ANSI/NSF Standard 61. 4. I :1. I The materials.shall meet the following nominal physical property requirements: PROPERTY TEST METHOD (') NOMINAL VALUE Material Designation PPI/ASTM PE3408 Cell Classification D3350 345464C Density, Natural D1505 0.946 gm/cc Density, Black D1505 0.955 gm/cc Melt Index 190°C/21.6 kg) D1238 0.07 m/10 min Flow Rate 190°C/21.6 kg) D1238 8.5 m/10 min Tensile Strength at Ultimate D638 5,000 psi Tensile Strength at Yield O638 3,500 psi Ultimate Elongation D638 >800% Flexural Modulus, 2% Secant D790 136,000 psi Environmental Stress Crack Resistance (ESCR) F°, Condition C PENT D1693 F1473 >10,000 hrs. >100 hrs. Brittleness Temperature D746 <-180°F Hardness, Shore D D2240 64 Vicat Softening Temperature D1525 255°F Izod Impact Strength, Notched D256 7 ft-Ib�in . 02570-1 Section 02570 HDPE Pipe/Fittings Modulus of Elasticity short-term 0638 125,000 psi Modulus of Elasticity (long-term) D638 30,000 psi Thermal Expansion Coefficient D696 1.0 x 10 in/inl°F Average Molecular Weight GPC 330,000 PPI Hydrostatic Design Basis: (As listed in PPI TR-4) D2837 1,600 psi @73.4°F 800 psi @ 140°F Test procedures are ASTM unless otherwise specified. (PPI = Plastics Pipe Institute, and GPC = Gel Permeation Chromatography.) POLYETHYLENE PIPE AND FITTINGS Pipe and tubing furnished under this Specification shall be manufactured from compounds in compliance with above requirements. The dimensional and performance characteristics shall conform to the requirements of the most current version of AWWA C-901 (1/2" through 3") or C-906 (4" through 63"). Each lot of material shall be tested for melt index, density and percent carbon. Upon request, the manufacturer shall furnish test data. Polyethylene fabricated fittings shall be manufactured from polyethylene pipe, sheet stock or molded fittings meeting the material requirements of this Specification and all appropriate requirements of AWWA C-901 or AWWA C-906. Pipe shall be pressure rated using the certified HC determined in accordance with the following formula: Dimension Ratio = D/t Internal Pressure, psi Long-term hydrostatic strength, psi (1,600) Actual outside diameter, inches Minimum wall thickness, inches Design Factor, dimensionless (0.5 for water @ 73.4°F) The Pressure Class (PC) of the polyethylene pipe and fittings shall be specified on the basis of the Working Pressure Rating (WPR) of the water system as defined in AWWA C-906. Recurring pressure surges (RS) are those that occur frequently and are inherent in the design and operation of the system such as normal pump startup or shutdown and normal valve opening and closing. Occasional pressure surges (OS) are those that occur infrequently and are usually the result of a malfunction such as pipe seize -up, valve stem or pressure relief valve failure. The WPR shall be the lesser of the following: WPR = PC WPR = 1.5PC — RS WPR = 2.0PC - OS pipe shall have a DR of 9. The WPR as determined above shall be 200 psi. Section 02570 HDPE Pipe/Fittings 4. Polyethylene fittings, including custom fabrications, shall have the same internal pressure rating as the mating pipe. At the point of fusion, the wall thickness and outside diameter of the fitting shall be in accordance .with AWWA C-901 or AWWA C-906 for the same pipe size. 5. The pipe. manufacturer's quality system shall be certified to be in accordance with ISO 9001:2000. :j� D. JOINING u 1. Heat Fusion. Pipe and fittings shall be joined by one of the following types of thermal fusion per the manufacturer's recommended procedures: Butt fusion, II Saddle fusion, or Socket fusion. I Upon request, the manufacturer shall provide fusion training by authorized personnel or an authorized representative. The Contractor shall be responsible for ensuring that personnel have received proper training per the manufacturers recommended procedure. Records of training shall be maintained by the Contractor and should not exceed 12 months from date of construction. Butt fusions. performed between pipe ends or pipe ends and fitting outlets shall be within the following allowable wall mismatches: J- a. 2 DR difference for pipe and fitting diameters 6 inch IPS and smaller. b. 1 DR difference for above 6 inch through 18 inch. c. No difference for diameters above 18 inch: The difference in • DR's is determined from the following DR values: 7.3, 9, 11, 11 13.5, 17, 21, 26 and 32.5. 2. Other Methods of Joining. Polyethylene pipe and fittings may be joined together or to other materials through the use of'electro-fusion fittings, flange adapters with back-up rings, mechanical couplings designed for connecting polyethylene pipe and fittings to itself or to another material, or MJ adapters. The manufacturer of the joining device shall be consulted for proper installation procedures. E. MARKING 1. Pipe and tubing shall be. permanently marked in accordance with all applicable standards per this• Specification. Marking shall beheat stamped indent print and shall remain legible under normal handling and installation practices. 2. Fittings shall be marked on the body or. hub. Marking shall be in accordance with the.applicable standard, depending upon the fitting type. Mechanical fittings shall . be marked with size, body, material designation code, pressure rating and the •manufacturer's name or trademark. F. WORKMANSHIP - . 1. Pipe, tubing and fittings shall, be homogenous throughout, and free of visible cracks, holes, foreign inclusions, blisters, dents or other injurious defects. The pipe, tubing and fittings shall be as uniform as commercially practicable in color, opacity, density, and other physical properties. 02570-3 Section 02570 HDPE Pipe/Fittings G. TESTING 1. The Contractor shall be responsible for field set-up and performance of the fusion equipment and the fusion procedure used by the operator. Upon request, the Contractor shall verify the fusion quality by making and testing per the manufacturer's recommended qualification procedure. The Contractor shall be responsible for the necessary adjustments to the set-up, equipment, operation and fusion procedure. Fusions that fail the qualification procedure. shall be remade. 2. Hydrostatic testing shall be conducted in accordance with the manufacturer's `' recommended testing procedures. H. THIRD -PARTY CERTIFICATION I 1. The performance requirements of the pipe and fittings shall comply with the most current version. of AWWA C-901 or AWWA C-906. The manufacturer shall be listed with NSF -61 certification and include the third -party certification within the print -line of the product. END OF SECTION I �' I I L I I 02570-4 1 Section 02595 PVC W/L li I1 11 TECHNICAL SPECIFICATIONS POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR WATER LINE A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of polyvinyl chloride (PVC) pipe water lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS Polyvinyl Chloride (PVC) Pipe. PVC pipe shall conform to the requirements of AWWA C900 and ASTM D-2241, latest revisions. 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 manufacturers own production shall be acceptable as long as the pipe produced meets all the requirements of the Specifications. The PVC pipe provided on this project shall be designed to the following pressure rating: Diameter Standard DR 2"-3" ASTM D2241 17 4"- 8" AWWA C900 14 1 2. Joints for PVC Pipe. All joints for PVC pipe hall comply with ASTM Specification D-3139, "Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals." Joint bells shall be formed integrally with the pipe and shall have a. raceway or groove which is specially formed to accept and retain the gasket. Pipe spigots shall be beveled and shall have insertion stop marks. Qualification tests of the joint design shall result in no leakage under various laboratory test conditions of joint alignment • and pressure at 2-1/2 times rated pressure and at 22 inches (560 mm) Hg vacuum. 3. Fittings for PVC Pipe. All fittings for PVC pipe shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C153/A21.53, latest revision, for "Ductile Iron Compact Fittings, 3 Inch Through 16 Inch, for Water and Other Liquids." All fittings shall have a minimum pressure rating of 350 psi and shall be light -weight (compact) fittings, unless otherwise shown on the Plans and shall be "Made in U.S.A." All fittings shall be restrained using Megalug glands and reaction backing. I. 4. Gaskets for PVC Joints and Fittings. Gaskets shall be molded or extruded from a high grade, properly vulcanized, elastomeric compound consisting of either a basic natural or synthetic rubber. Gaskets shall be marked to show IPS for pressure 1 • • 02595-1 Section 02595 PVC W/L rated pipe, nominal pipe size, manufacturer's identification, and year of L manufacture. Gaskets shall be color striped on the side of the gasket that faces the open bell to facilitate proper installation. Gaskets shall comply with the requirements of ASTM Specification F-477, "Elastomeric Seals (Gaskets) for Joining Plastic Pipes." 5. Lubricant for PVC Joints and Fittings. Lubricant shall be suitable for water piping use at temperatures from 5° to 120° F (-15° to 50° C). It shall have no deteriorating effect on the gasket or pipe material. It shall be non-toxic and not support the growth of bacteria. It shall be water soluble and shall not impart taste or odor to water in the water line which has been properly flushed. Containers shall be labeled with the manufacturer's name and identified as PVC pipe joint lubricant. Each lubricant container shall have printed instructions for usage and joint assembly. 6. Pipe Embedment Material. Pipe embedment materials shall be: a. Materials meeting either ASTM D448 Size No. 7 or ASTM D27754. In no case shall the maximum dimension or rock exceed 0.5 inch; nor shall any products that contain lead be used. 7. Independent Laboratory Inspection. PVC pipe and PVC pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The Contractor shall furnish to the Engineer, prior to delivery, manufacturers' certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipe proposed to be furnished. If evidence appears that all provisions of the applicable ASTM Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the 1 responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. 8. Tracer Tape. Tracer tape shall be detectable marker tape 3 inches wide with the words "BURIED WATER LINE BELOW" printed along the tape in 1-1/4 inch minimum letter height. Magnetic tape shall be traceable by either conductive or inductive methods. 9. Tracer Wire. Tracer wire shall be 14 gauge coated copper for underground burial. 10. Tapping Sleeve and Valve. Tapping sleeves shall be designed for 200 psi and shall be JCM Type 432 for pipe 6 through 12 inches and JCM Type 412 for pipe greater than 12 inches, or approved equal. Tapping sleeves shall be vinyl coated. 02595-2 ' Section 02595 PVC W/L II I C. POLYVINYL CHLORIDE PIPE WATER LINE CONSTRUCTION General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. 2. Alignment and Grade. The water main shall be laid and maintained to the required lines and grades with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. 3. Installing Butterfly Valves in Polyvinyl Chloride Pipe. When installing butterfly valves in PVC pipe, the Contractor shall hone, if necessary, the inside of diameter of the pipe to ensure that the disc of the butterfly valve will operate in its full range. Contractor shall perform this task in the presence of the Engineer or his representative. 4.: Installing Polyvinyl Chloride Pipe. Pipe fittings shall be installed in conformance with the recommendations of ASTM D-2774, "Underground Installation of Thermoplastic Pressure Piping," and in conformance with the Specifications hereinafter set out. 5. Trench Excavation. The trench shall be excavated to at least 6 inches below the grade required to provide a minimum of 36 inches of pipe cover. 6. Polyvinyl Chloride Pipe Embedment. All PVC pipe shall be embedded. The pipe shall be bedded from a point a minimum of 6 inches below the bottom of the pipe barrel. Bedding above the pipe shall be 12 inches above pipe barrel. All overexcavation below the pipe shall be backfilled with pipe embedment material at the Contractor's expense. The additional material required will be placed in 8 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. L 7. Concrete Reaction Backing. All PVC pipe fittings shall have concrete reaction backing as well as Megalug restraints. Backing shall be placed between solid ground and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail sheet of the Plans or as directed by the Engineer. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with Visqueen prior to the placement of reaction backing. There is no pay item for concrete for reaction backing. This item shall be considered subsidiary to water line installation. 02595-3 Section 02595 PVC W/L 8. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed as specified elsewhere in these Specifications. 9. Testing of Polyvinyl Chloride Water Lines. Newly laid water lines shall be hydrostatically tested as specified elsewhere in these Specifications for flushing, disinfecting and testing of water lines. 10. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. END OF SECTION 02595-4 Section 02639 Fire Hydrants TECHNICAL SPECIFICATIONS FIRE HYDRANTS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, . equipment, tools, supplies, and incidentals necessary for the construction of fire hydrant assemblies. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS Catalog Data and Assembly Drawings. For all fire hydrants, auxiliary gate valves and, valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer prior to delivery, catalog data, including illustrations and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the fire hydrant as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for review by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve: All valves shall be furnished in accordance with the certified drawings after they have been reviewed by the Engineer. 2.. Fire Hydrants. All fire hydrants furnished and installed on this project shall be dry 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 Chrome Yellow above ground. line. Three-way hydrants shall be Mueller Centurion hydrants, Catalog No. A423, or equal. a. Hydrant Inlet. The hydrant shall have a 6 inch mechanical joint inlet in conformance to the dimensions shown in ANSI/AWWA C110/A21.10, latest revision. b. Main Valve Openings. Three-way hydrants shall have a 5-1/4 inch valve opening. c. Fire Hydrant Connecting Pipe. The connecting pipe shall be ductile iron pipe as specified elsewhere in these Specifications. Three-way hydrants shall have 6 inch connecting pipes. d. Hydrant Barrels and Extensions. All.fire hydrants shall be equipped with a •two-piece barrel having a flange at the ground line. The pipe shoe shall be designed for a minimum 42 inch bury. However, the Contractor shall provide extensions (Mueller A-320 or equal) as necessary to set the hydrants to the proper elevations at each location. 02639-1 Section 02639 ' Fire Hydrants e. Nozzles. Three-way hydrants shall be equipped with two 2-1/2 inch hose nozzles and one 4 inch pumper nozzle. f. Operating Nut. The operating nut shall be a nominal 1-1/2 inch pentagon, National Standard operating nut designed to open left (counterclockwise). g. Safety Stem Coupling and Safety Flange. All fire hydrants shall be equipped with a safety stem coupling and flange which are intended to fail upon vehicle impact without damage to the stem or main valve. Testing. All fire hydrants shall be tested in accordance with AWWA C502, latest revision. Affidavit of Compliance. The manufacturer shall furnish to the Engineer, prior to delivery, an affidavit stating that the fire hydrant and all materials used in its construction conform to the requirements of AWWA C502, latest revision, and these Specifications, and that all tests specified therein have been performed and that all test requirements have been met. ■ 3. Auxiliary Gate Valves, Valve Boxes, and Valve Box Collars. All fire hydrant installations shall have auxiliary gate valves, valve boxes, and valve box collars I meeting all provisions specified elsewhere in these Specifications. 4. Connecting Pipe. The fire hydrant assembly shall have a connecting pipe between the mechanical joint end of the auxiliary gate valve and the fire hydrant. The connecting pipe shall be of the length indicated by the Engineer and shall be a locked hydrant adapter so that no joint separation will occur under pressure. 5. Concrete. All concrete used for reaction backing and valve box collars shall be in conformance with the Concrete section of these Specifications. There is no additional pay for concrete for reaction backing or for valve box collars. This item shall be considered subsidiary to fire hydrant installation. C. CONSTRUCTION , All fire hydrants shall be installed at the location shown on the Plans or at the direction of the Engineer and shall be installed in accordance with the detail sheet of the Plans and these Specifications. 1. Examination of Material. Prior to installation, all hydrants shall be inspected for 1, direction of opening, cleanliness of inlet elbow, handling damage, and cracks. 2. Placement. 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 or street. Hydrants shall be set to established grade with the nozzle centerline at least 18 inches above the ground, unless otherwise directed by the Engineer. 02639-2 I Section 02639 Fire Hydrants 3. Location. Unless otherwise shown on the Plans, the hydrants shall be placed as follows. a. When placed beyond the curb, the hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be less than 6 inches nor more than 12 inches from the gutter face of the curb. b. When set in the lawn space between the curb and the sidewalk, or between the sidewalk and the property line, no portion of the hydrant or nozzle cap shall be within 6 inches of the sidewalk. 4. Connection to Mains: Each hydrant shall be connected to the main with a 6 inch - ductile iron pipe branch and independent 6 inch gate valve as shown on the Plans. The 6 inch branch of the main line fittings shall be equipped with retaining lip and swivel gland for positive restraint without tie rods. 5. Hydrant Drainage in Pervious Soil. Wherever a hydrant is set in soil that is pervious, drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with coarse sand from the top of the concrete reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance of 1 foot around the elbow. No drainage system shall be connected to a sewer. Waste opening shall not be blocked by polyethylene encasement or concrete encasement. 6. Hydrant Drainage in Impervious Soil. Wherever a hydrant is set in clay or other impervious soil, drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with sand from the top of the reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance 3 feet around the elbow. No drainage system shall be connected to a sewer. Reaction Backing. The bowl of each hydrant shall be braced against unexcavated earth at the end of the trench with concrete reaction backing as shown on the Plans or directed by the Engineer. IN NO CASE SHALL THE CONCRETE BACKING BLOCK OR IMPEDE FLOW FROM THE FIRE HYDRANT DRAIN PORTS. END OF SECTION J 02639-3 Section 02640 Air ReleaseNacuum Valve TECHNICAL SPECIFICATIONS AIR RELEASE AND VACUUM VALVE ASSEMBLIES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the constructionof combination air release and vacuum valve assemblies. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS Manholes and Vaults. All manholes and vaults housing the valve assemblies shall be cast -in -place or precast. reinforced concrete manholes and vaults as set out below. a. Cast -In -Place Manholes. Cast -in -place manhole walls shall be constructed of nonreinforced concrete meeting the requirements of the Concrete section of these Specifications. 1) Manhole Diameter and Wall Thickness. Each manhole shall have an inside diameter as shown on the Plans with an 8 inch wall thickness. 2) Manhole Top. The manhole shall have a flat slab top constructed of steel reinforced concrete. b. Precast Manholes. All precast manholes shall be manufactured in conformance with ASTM C478, latest revision, for "Precast Reinforced Concrete Manhole Sections." .1) Manhole Diameter and Wall Thickness. Each manhole shall have an inside diameter as shown on the Plans and have a designed wall thickness depending upon the required depth of bury. 2) Manhole Top. The manhole shall have a flat slab top constructed of steel reinforced concrete. The top shall be equipped with lifting eyes and have an opening compatible for use with the manhole bolted ring and lid as specified. r. 3) Joint Sealer. The Contractor shall provide a watertight preformed flexible plastic gasket joint sealer, "Ram -Neck," or approved equal. 4) Affidavit of Compliance and Assembly Drawings. The manufacturer shall furnish to the Engineer prior to delivery an affidavit stating that all materials used in the construction of precast manhole sections are in compliance with the requirements of ASTM C478, latest revision, and that all tests specified therein have been performed. The manufacturer shall also submit prior to delivery three sets of 02640-1 Section 02640 Air Release/Vacuum Valve certified drawings for approval by the Engineer. The drawings shall show the principal dimensions, construction details, depth, and materials used for construction of the manhole for each location. 2. Watertight Manhole Rings and Lids. All castings for manhole frames, covers and other purposes must be of tough gray iron, free from cracks, holes, swells and cold shuts, shall be of workmanlike finish, and shall conform to the Plans. The quality shall be such that a blow from a hammer will produce an indentation on a rectangular edge of the casting without flaking the metal. Before leaving the foundry, all castings shall be thoroughly cleaned and subjected to a hammer inspection. Manhole rings and lids shall have a combined weight of not less than 300 pounds and shall be in accordance with the dimensions shown on the Plans. The manhole frame and lid shall be of watertight construction with gasket seals and bolted covers. Bolts shall be stainless steel, brass, or equal. 3. Pipe and Pipe Fittings. Pipe shall be of the type shown on the Plans or specified in conformance to the Pipe Sections of these Specifications. 4. Gate Valves. Gate valves shall be as set out elsewhere in these Specifications and shown on the detail sheet of the Plans. 5. Steel Pipe and Pipe Fittings. Steel pipe shall be Schedule 40 welded or seamless steel pipe. All fittings and joints shall be seal welded unless otherwise shown on the Plans. Spot welding will not be allowed. 6. Combination Air Vacuum/Air Release Valves. The Contractor shall provide and install combination air release valves according to the size shown on the Plans and these Specifications. All valves shall be manufactured by Apco Valve and Primer Corporation, Val-Matic, or approved equivalent. Combination air valves shall be of the custom built style consisting of a standard air release valve piped with a shutoff valve to a standard air/vacuum valve. The custom built combination air valve shall have a 4 inch 250 lb. flanged inlet with a 4 inch diameter plain outlet having a protective hood to prevent debris from entering the valve. The air release valve shall have a 2 inch NPT inlet, 1/2 inch NPT outlet and 1/8 inch diameter orifice for 200 psi maximum working pressure. Materials of construction shall be as follows: bodies and covers shall be of cast iron; floats, leverage mechanism and all other trim shall be stainless steel with the exception of the Buna-N seat and adjustable Viton orifice button. 7. Crushed Limestone. Crushed limestone aggregate shall be provided as shown on the Plans. The aggregate shall be of the size passing a 2 inch sieve and retained on a 1-1/2 inch sieve. 8. Manhole Steps. Manhole steps shall be 10 inches wide and shall be constructed of steel reinforced fiberglass. Manhole steps shall be Perma-Step Model 100-2 as manufactured by Utility Products, Inc., or equal. 02640-2 Section 02640 Air ReleaseNacuum Valve 1. 9. Painting Ferrous Metals Above Grade. All above -ground vent piping from the air release valve installations shall be painted as follows: Field Primer: Tnemec Series 66 H.B. Epoxoline, 4-6 mils. Finish Coat(s): Tnemec Series 73 Encura-Shield, 2-4 mils. 10. Painting Ferrous Metals Below Grade. All underground vent piping from the air release valve installations shall be coated as follows: Prime Coat: None. Finish Coat: 1 coat (heavy) Bitumastic 300-M. 11. Paint. Color. Colors not specified or indicated on the flans shall be as selected by • !I the Engineer. C. EXECUTION . ,, 1. Location and. Grade. Air release'and vacuum valves shall be located as generally set out on the Plans. However, the exact location of the valve assembly shall be determined in the field. Pipeline shall be laid on a positive grade approaching the air release and vacuum valve assemblies and on a negative grade leaving the assemblies. 2. Excavation for Manholes and Vaults. Excavation for manholes and vaults housing the air release and vacuum valves will be made of such dimension and depth as to allow the construction of the manhole and vault as shown on the Plans. No extra payment shall be made for excavation, and all surface removal shall be as set out elsewhere in these Specifications. , 3. Curing. On cast -in -place manholes and vaults, curing compounds or covers may not be used. However, it will be the responsibility of the Contractor to protect the concrete to prevent cracking during the curing process and to protect the manhole and vault during freezing temperatures. S4. Backfilling. All structures shall be backfilled evenly around their perimeter no less ` than 12 hours after the forms have been removed. Extra care shall be taken to compact all backfill to the top of the highest pipe entering the structure. Backfill shall be graded so that drainage is away from the structure in all directions. END OF SECTION i T- 02640-3 Section 02642 Gate/BF Valves Li i li 1 TECHNICAL SPECIFICATIONS GATE VALVES AND BUTTERFLY VALVES A. GENERAL • The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and • incidentals necessary for the • installation of gate valves and butterfly valves. The work, shall include every item of construction necessary fora complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS Valves specified in this section are intended for buried use on water distribution lines, for use as auxiliary valves for fire hydrants, and for use within structure walls. Unless otherwise shown on the Plans, all valves 12 inches (nominal diameter) and larger shall be. butterfly valves. All valves smaller than 12 inches (nominal diameter) shall be gate valves. Catalog Data and Assembly Drawings. For all gate valves, butterfly valves and valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer prior to delivery, catalog data, including illustrations.and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the valve as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for approval by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve. All valves shall be furnished in accordance with the certified drawings after they have been approved by the Engineer. 2. Gate Valves (0-200 psi Working Pressure). Unless otherwise shown on the plans, all gate valves furnished and installed shall be non -rising stem gate valves, in conformance with the requirements of AWWA C509, latest revision, for "Resilient Seated Gate Valves, 3 Through 12 NPS, for Water and Sewage Systems." All gate valves shall be Mueller resilient seat gate valves, Catalog No. A 2360-20, or approved equal, and shall be designed for 200 psi minimum working pressure. • a. Stem Seal. All gate valves shall have "O" ring stem seals. The "O" ring stem seal shall be so designed that the seal above -the stem collar can be replaced with the valve under pressure in the full -open position. b. Valve Ends. All gate valves, shall have standard mechanical joint ends unless tapping valves, valves with flanged ends, or valves of a special • nature are indicated on the Plans. c. Operation. All buried gate valves shall be designed for operation with a • nominal 2 inch square operating nut. The standard direction of opening shall be open left (counterclockwise) as viewed from the top. Where •shown on the Plans or specified, handwheels in conformance to AWWA C509 shall be provided. Interior Protective Coating. The interior of the valve shall have a protective interior coating in compliance with AWWA C550, latest revision, for 'Protective Interior Coatings for Valves and Hydrants. I 02642-1 Section 02642 Gate/BF Valves e. Testing. The valve shall be tested in accordance with AWWA C509, latest revision. Affidavit of Compliance. The manufacturer shall furnish to the Engineer prior to delivery, an affidavit stating that the valve and all materials used in its construction conform to the requirements of AWWA C509 and AWWA C550, latest revisions, and that all tests specified therein have been performed and that all test requirements have been met. 3. Butterfly Valves (Buried). Butterfly valves shall be in complete conformance to AWWA C504 for Class 250B and shall be mechanical joint, Pratt Groundhog or DeZurik, as set out below: a. Working Pressure: 250 psi. b. Closure: Bubble -tight at working pressure differential. c. Valve Body: ASTM A-1 26 Class B cast iron. The use of a stop in the valve body for limiting travel of the disc will not be acceptable. Valves 30 inches or larger shall have a valve port diameter no more than 1 inch smaller than nominal. d. Valve Disc: 4 Inch through 20 Inch: ASTM A-126 Class B with 316 stainless steel edge. 24 Inch: ASTM A-48 Class 40 cast iron with 316 stainless steel edge. 30 Inch through 48 Inch: ASTM A-536 ductile iron with 316 stainless steel edge. Valves 30 inches and larger shall be of flow -through design, with no hollow chambers or ribs transverse to the flow. e. Valve Seat: Buna-N rubber located in the valve body only. The seat shall be retained in the body without the use of retaining rings, segments, or screws of any kind in the flowstrearn. Valves through 20 inch size shall have a bonded seat design. f. Valve Shaft: ASTM A-276, 304 stainless steel. g. Hand Operator: Pratt MDT traveling nut operator with 2 inch standard AWWA operating nut. Operator components shall withstand an input of 450 ft-lbs of torque at extreme operator position. h. Valve Box and Appurtenances: All buried valves shall be equipped with iron valve boxes, Clow F2450, 5-1/4 inch shaft diameter, or equal, consisting of base, extension, and cover. All valves with greater than 6 foot bury shall be equipped with a permanent extension stem, extending to the ground with operating nut. The covers shall be marked "WATER." i. Opening: Open left (counter -clockwise). j. Alignment Ring: Valve box self -centering alignment ring by American Flow Control of Birmingham, Alabama, or equal. , 4. Outside Coating. All gate or butterfly valves shall have either a bituminous exterior coating or shall be delivered to the site factory cleaned and primed as set out below. 02642-2 1 Section 02642 Gate/BF Valves I1 a. Factory Primed Valves. Unless otherwise shown on the Plans, all exposed valves within the limits of structure walls or any valves exposed above ground shall be delivered to the job site factory blasted, cleaned and primed with one coat of Tnemec 140-1211 Pota-Pox Plus, or approved equal. (See also Section 09800 of these Specifications.) b. Bituminous Coating. All valves indicated for. buried service shall have a bituminous coating in accordance with applicable AWWA Standards. 5. Valve Boxes. All buried valves shall be equipped with cast iron valve boxes. The valve boxes, including all appurtenances, shall be 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. The manufacturer shall submit three sets of drawings prior to delivery for approval by the Engineer; showing the principal dimensions, construction details, and materials used in construction of the valve box. 6. Concrete. All concrete used for the placement of valve box collars shall be in conformance to the Concrete .section of these Specifications. C. CONSTRUCTION All valves shall be installed at the locations shown on the Plans or at the direction of the Engineer, and shall be installed in accordance with the detail sheet of the Plans and • these Specifications. • 1. Valve Installation. Gate and butterfly valves shall be installed in accordance with I. AWWA C600, latest revision, Sections 3.3 and 3.6, and with either AWWA C504 or AWWA C509, as applicable, latest revisions (appendices included), the manufacturer's recommendations, and these Specifications. 2. Visual Inspection. Prior to installation, all valves shall be visually inspected for defects, and any foreign material in the valve interior removed. The valve shall also be operated through its full range. and compared to the manufacturer's I. published information. 3. Valve Boxes. A valve box as specified shall be provided for each valve used in a 1 buried service application. The valve box shall be installed so as not to transmit shock or stress to the valve. The valve box shall be centered and plumb over the operating nut of the valve with the box cover flush with the surface of the finished pavement or such level as directed by the Engineer. The valve box shall be backfilled evenly around its perimeter with select material. The material shall be hand tamped so .that the ground will not settle after placement of the concrete I. collar. 4. Valve Box Collar. All valve box lids shall have an 18 inch square concrete collar placed around them. The collar shall be centered on the valve box lid and shall be I. 6 inches thick. The top of the pad shall be flush with the top of the box and the surrounding ground or roadway surface. Valve box collars shall not be installed until everyitem of. cleanup has been completed. 1. 5. Dead Ends. Valves located at the end of pipelines shall have ductile iron plugs or caps with or without blowoff cocks as shown on the drawings. All dead end valves 02642-3 Section 02643 Testing/Disinfection TECHNICAL SPECIFICATIONS ' FLUSHING, HYDROSTATIC TESTING, DISINFECTION AND DYNAMIC TESTING OF WATER LINES A.. GENERAL The work to be included under this section of the Specifications shall consist of providing ' all materials, labor, equipment, tools, supplies, and incidentals necessary for the flushing, hydrostatic testing, disinfection, and dynamic testing of water lines. The. Owner will make application and pay the fee to secure the test water discharge permit. Water for flushing, testing and disinfecting all facilities will be supplied by the Owner. The Contractor shall discharge testing and disinfection water in accordance with NPDES General Permit ARG670000._ The Contractor shall schedule and coordinate this twork to. ensure that it will not be carried on during periods of high water usage. B. FLUSHING, TESTING AND DISINFECTION ' After completion of construction of all water lines, the Contractor shall flush, test and disinfect the new water lines as set out below. A reasonable amount of water will be furnished to the Contractor by the Owner, free of cost to the Contractor. Should the • Contractor require additional amounts of water due to water line breaks or neglect on the part of the Contractor, water shall be purchased from the Owner at their bulk rate. Quantities of water which will be paid for by the Contractor shall be determined by the Engineer. 1. Flushing. The Contractor shall fill and flush the newly constructed lines and visually check all combination air release and vacuum valves, blowoff valve assemblies, line valves, and fire hydrants to assure proper operation. The Contractor may use fire hydrants for flushing of water lines: If no fire hydrants exist; the Contractor,shall provide the necessary equipment in order to flush lines. All flushing shall comply with AWWA 651; latest revision. 2. Hydrostatic Testing. All pipe on this project shall be tested as set out in• AWWA C600, latest revision. Tests will be conducted after the line is completed and backfill made, except those areas around valves and fire hydrants may be left open at the discretion of the Contractor. a. Test Pressure and Duration. The line shall be tested at 150 percent of the normal working pressure. The Engineer will assist the Contractor in determining test pressure at any given point. The Contractor shall provide all pumps or other equipment necessary to maintain the test pressure within ±5 pounds per square inch at the test point for a period of two hours. ' b. Definition of Leakage. The leakage test shall be conducted concurrently with the pressure test. Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain pressure within 5 psi of the above specified test: pressure after the air in the pipeline has been expelled and the pipe has been filled with water. Leakage shall not be measured by a drop in pressure in a test section over a period of time. 02643-1 Section 02643 1 Testing/Disinfection The Contractor shall be responsible for providing all pumps., equipment and appurtenances necessary to maintain the above specified test pressure, and to meter the water supplied to the line in order to maintain the test pressure within the limits specified. c. Allowable Leakage. Leakage for water pipe shall be within the limits set out in AWWA C600, latest revision. Should any test of pipe laid disclose leakage greater than that specified, the Contractor shall, at his own expense, locate and repair the defective joints, and retest the line until the leakage is within the specified allowance. d. Visible Leaks. All visible leaks are to be repaired regardless of the amount of leakage. , Disinfection. After successful testing, the Contractor shall empty the line of water. The line shall then be disinfected in accordance with AWWA C651, latest.revision, for "Disinfecting Water Mains," continuous feed method, except that the placing of hypochlorite granules into the main during construction will not be permitted. The transmission line and facilities shall be considered sterilized after the Owner , has received negative reports on samples taken along the line and at each facility and sent to the Arkansas Department of Health for testing. Negative reports must be received on samples taken at 24 -hour intervals. The Owner shall obtain and deliver samples to the Arkansas Department of Health for testing. 4. Dynamic Testing. After sterilization is complete the Contractor shall then flush the sterilizing solution from the lines, and the lines will then be placed into service. The Contractor shall furnish personnel to assist the Owner in the operation of all valves, etc., to initially start up the system. 5. Acceptance. Upon successful completion of the sterilization, the dynamic test, and final cleanup, this contract will be considered complete. END OF SECTION Ii 02643-2 t v ti. A. IF n GENERAL Section'02660 Water Service Reconnection TECHNICAL SPECIFICATIONS q WATER SERVICE RECONNECTION l` The work to be included under this section of the Specifications shall consist of providing all materials, labor, -equipment, tools, supplies, 'and' incidentals` necessary for the construction of water service settings: The work shallinclude` every item of construction necessary for a complete and acceptable installation' as :shovvn on -the Plans and hereinafter. specified. B. MATERIALS 1 Meter Box.-„ Meter boxes shall be PVC 18 inches diameter x 24 inches high, PVC, Mueller/McCullough, having a cast iron locking lid; Crouch Foundry C-109. 2. Corporation Stops. Corporation stops shall be 3/4 inch Mueller B-25008, or approved equal, with Pack -Joint rcoupling for copper tubing size tubing. 3. Service. Lines. Type "K," soft tempered, seamless copper in accordance with ASTM B-88. ' 4. U -Branch. U -branch shall be 3/4 inch and 7.5 inch width Mueller 15363. 5. Meter Yoke. Meter yoke shall be 5/8 inch z 3/4 inch, having angle key valve and check, Mueller H-1402. 6. Trace Wire. Trace wire shall be 14 gauge coated copper for underground burial 7. Tapping Saddles. All 1 inch service saddles shall be made from ductile or malleable iron provided with a shop coat and'designated fora working pressure of 200 psi. A rubber gasket shall be provided between the casting and pipe surface. Saddle straps and bolts shall be high strength corrosive resistant alloy steel. Saddles shall be as manufactured by Mueller &'Romac. . C. EXECUTION ;• The service settings shall include everything necessary except the meter itself which will be installed by the Fayetteville Water and Sewer Department after receipt of a safe report from the Arkansas Department of Health. Service lines shall be laid to a minimum depth of 2 feet 6 inches, or as required by specific conditions. Ditches shall be of a minimum width. \I A 14 gauge coated copper trace wire shall be installed in the ditch line adjacent to the service line from the mainline to the point of connection or to the, meter box. The trace wire shall be connected to the water line and to the meter yoke. Backfill, compaction, 02660-1 Section 02920 Pipeline Cleanup/Seeding every type shall be removed and all damaged tree limbs shall be pruned. After the M area has been raked and accepted by the Engineer, the area shall be seeded at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent expressed in terms of weight). Lawn Fescue 30% Blue Grass 30% Rye Grass (Annual) 30% White Clover (Common) 10% a 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 and of a — quality approved by the Engineer prior to use, shall be placed over .seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Where the existing ground cover does not contain any of the grasses as set out in _ the seed mixture above (Bermuda grass, Zoysia, etc.), the Contractor shall be responsible for cutting, removing and stockpiling the existing sod on the job site. After constructing the sewer line and backfilling the trench, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and :installing new ground cover of the existing type to complete the cleanup. 2. Class II Cleanup - Fields, Meadows, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the backfill is completed and the surface over the trench left slightly rounded, the area shall be machine raked to a 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% 2 White Clover (Common) 20% 02920-2 ■ Section 02660 WaterService Reconnection TECHNICAL SPECIFICATIONS WATER SERVICE RECONNECTION A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of water service settings. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Meter Box. Meter boxes shall be PVC 18 inches diameter x 24 inches high, PVC, Mueller/McCullough, having a cast iron locking lid, Crouch Foundry C-109. 2. Corporation Stops. Corporation stops shall be 3/4 inch Mueller B-25008, or approved equal, with Pack -Joint coupling for copper tubing size tubing. 3. Service Lines. Type "K," soft tempered, seamless copper in accordance with ASTM B-88. 4. U -Branch. U -branch shall be 3/4 inch and 7.5 inch width Mueller 15363. 5. Meter Yoke. Meter yoke shall be 5/8 inch x 3/4 inch, having angle key valve and check, Mueller H-1402. 6. Trace Wire. Trace wire shall be 14 gauge coated copper for underground burial. 7. Tapping Saddles. All 1 inch service saddles shall be made from ductile or malleable iron provided with a shop coat and designated for a working pressure of 200 psi. A rubber gasket shall be provided between the casting and pipe surface. Saddle straps and bolts shall be high strength corrosive resistant alloy steel. Saddles shall be as manufactured by Mueller & Romac. C. EXECUTION The service settings shall include everything necessary except the meter itself which will be installed by the Fayetteville Water and Sewer Department after receipt of a safe report from the Arkansas Department of Health. Service lines shall be laid to a minimum depth of 2 feet 6 inches, or as required by specific conditions. Ditches shall be of a minimum width. A 14 gauge coatedcopper trace wire shall be installed in the ditch line adjacent to the service line from the mainline to the point of connection or to the meter box. The trace wire shall be connected to the water line and to the meter yoke. Backfill, compaction, 02660-1 Section 02660 Water Service Reconnection cleanup and pavement repair shall be as provided for elsewhere in these Specifications. The surface area disturbed in the construction of water service settings shall be cleaned up and seeded in accordance with the appropriate section of these Specifications. The Contractor shall set the new meter boxes, service lines, etc. at the general location , shown on the Plans and specific location as directed by the Engineer. In order for the Engineer to designate the exact location for the new meter setting location, the Contractor shall first excavate or otherwise spot the exact location of the existing service line in the general area the new service is to be set. After the new line is in service, the Contractor shall furnish the services of a licensed , plumber to connect the new meter setting to the existing customer service line. This portion of the service setting will require inspection by the Plumbing Inspection Department of the City of Fayetteville. The Contractor is responsible for paying permit fees related to the required inspection. END OF SECTION 02660-2 Section 02920 Pipeline Cleanup/Seeding TECHNICAL SPECIFICATIONS PIPELINE CLEANUP AND SEEDING A. GENERAL The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, materials, supplies and incidentals necessary for completing cleanup of the entire work area utilized for the construction of pipeline work and for completing successful seeding, fertilizing and mulch of work areas except those areas shown on the Plans not to be seeded. There is no separate pay item for cleanup, and this work shall be considered subsidiary to the unit price bid for sewer pipe. Cleanup shall be considered an important part of this project, and adequate equipment and qualified personnel shall be applied to this phase of the work from the very beginning of the project. A portion of the price bid for pipeline may be retained from periodic payment estimates of pipeline lengths for "incomplete work" commensurate with the Engineer's estimate of the cost of completing the cleanup and required successful seeding, fertilizing and mulching. There are generally four classifications of cleanup to be used on this project, as set out below. Class I Cleanup. Areas of construction within lawns, gardens, or other well -kept areas, including street rights -of -way that are • kept as lawns by adjacent landowners. Class II Cleanup. Areas of construction within fields, meadows and street rights - of -way which are mowed or cultivated (gardens excepted). . Class III Cleanup. Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it is not practical for the area to be cultivated. Special Cleanup. Unless otherwise noted under. • paragraph B.4 of this Specification, no special cleanup will be required. Schedule. Cleanup of all classes shall be performed immediately after pipe installation. Cleanup shall be completed on each pipeline segment, including seeding •and mulching. The Owner reserves the right to require cleanup be completed prior to installing other pipelines. B. METHOD OF CLEANUP The method of cleanup for each of the classes defined above shall be as set out below. Class I Cleanup - Lawns, Gardens, Etc. The trench shall be backfilled in accordance .with the Pipe Specifications. After the topsoil has been spread over the damaged areas, the Contractor shall proceed immediately to hand rake the entire construction area to remove all rock 1 inch or larger in diameter. Debris of 02920-1 Section 02920 ' Pipeline Cleanup/Seeding every type shall be removed and all damaged tree limbs shall be pruned. After the area has been raked and accepted by the Engineer, the area shall be seeded at ' the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent expressed in terms of weight). Lawn Fescue 30% , Blue Grass 30% Rye Grass (Annual) 30% White Clover (Common) 10% 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 and of a , quality approved by the Engineer prior to use, shall be placed overseeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. 1 Where the existing ground cover does not contain any of the grasses as set out in the seed mixture above (Bermuda grass, Zoysia, etc.), the Contractor shall be ' responsible for cutting, removing and stockpiling the existing sod on the job site. After constructing the sewer line and backfilling the trench, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and installing new ground cover of the I. existing type to complete the cleanup. 2. Class II Cleanup - Fields, Meadows, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the backfill is completed and the surface over the trench left slightly rounded, the area shall be machine raked to remove all rock to a condition equal to the existing surface on the better side of the , adjacent existing right of way. All excess excavated material shall be removed from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual trench excavation. Seeding and fertilizing of these areas is required using the seed mixture and application rates set out below (percent expressed in terms of weight). Field Fescue 40% Rye Grass (Annual) 40% White Clover (Common) 20% i 02920-2 Section 02920 Pipeline Cleanup/Seeding After the area has been accepted by the Engineer, the area shall be seeded at the • rate of 0.15 pounds per 100 square feet. During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be ' required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Where the existing field grass is Bermuda, or other type not specified above, the Contractor shall place such topsoil as required, and shall seed with the existing type grass so that an equivalent ground cover will be provided. Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spread so as to• provide a thickness of approximately • 2 inches when first spread. 3. Class III Cleanup - Steep, Wooded or Rocky Areas. The trench shall be backfilled in accordance with the Pipe Specifications. After the.trench backfill is complete, all damaged brush of every type shall be cut just below ground surface and all damaged limbs shall be trimmed. All brush and debris shall be disposed of by the Contractor and the entire area shall be machine raked so that the area of ' construction is in a condition equal to the existing surface on the betterside of the existing adjacent right of way. ' The area of the trench line shall then be seeded and fertilized at the rate of 0.15 • pounds per 100 square feet using the same seed mixture, fertilizer and application rates as set out under Class II cleanup, except that tall fescue (Kentucky 31) shall be used in place of field fescue. Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spreadso as to provide a thickness of approximately 2 inches when first spread. 4. Special Cleanup. No special cleanup required on this job. 5. All Areas. All work within the construction area shall be cleaned to the satisfaction of the Owner and the Engineer. In general, all rocks, trash or rubbish of any nature shall be removed from the site of the work. During construction, the Contractor shall at all times keep work areas in a clean, I. 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, 02920-3 Section 02920 ' Pipeline Cleanup/Seeding 11 If the trench should settle while the Contractor is still on the job or within one year ' of the project completion date, the Contractor shall make the required repairs at no additional cost to the Owner in accordance with the continuing responsibility provisions of these Specifications. 6. Restoration of Damaged Surfaces and Property. Where any pavement, trees, shrubbery, fences, poles or other property and surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to. carry out the requirements of the contract documents, state laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. 7. Access after Construction. Unless otherwise directed by the Engineer, all areas shall be graded after construction so as to be accessible by four -wheel -drive vehicle. , 8. Erosion Control. The Contractor shall terrace slopes where, in the opinion of the Engineer, potential erosion problems may arise after construction. END OF SECTION I I I I 02920-4 ' Section 03300 Concrete • TECHNICAL SPECIFICATIONS CONCRETE ' A. GENERAL All concrete shall be ready -mix concrete. Class A concrete is defined as concrete with six bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 3;500 psi. Class A concrete shall be used for pouring manholes and other • structures, concrete driveway repair, sidewalk, thrust collars, and curb and gutter repair. Class B concrete is 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. Class B concrete will be used for reaction. backing, pipe encasement, and where otherwise directed by the Engineer. All concrete shall have air entrainment (3 percent to 6 percent) added at the ready -mix plant by the concrete supplier. I. Concrete will be supplied by a ready -mix concrete company approved by the Engineer. Mix designs must be submitted to the Engineer for approval for Class A and Class B concrete. Concrete must be placed within 1-1/2 hours of the time it is batched. Batch tickets must have the batch time written on them. Concrete shall be poured. during suitable weather conditions and be protected from freezing and other inclement conditions until initial set is obtained. Concrete tests may be made at the direction of the Engineer. If the concrete meets the above requirements, the cost of the tests will be borne by the Owner. If the concrete does not meet the above requirements, the cost of the tests will be borne by the Contractor. Concrete shall not be poured with a slump of over 5 inches. • Concrete shall not be used after it has taken its initial set. Where shown on the Plans, bar reinforcement for concrete shall tie of the deformed type and shall conform to either of the standards below: 1. ASTM A 615-82, "Standard Specification for Deformed and Plain Billet -Steel Bars _ for Concrete Reinforcement." ' 2. ASTM A 617-81a, "Standard Specification for Axle -Steel Deformed and Plain Bars I. for.Concrete_ Reinforcement." All reinforcing bars shall be Grade 60 as defined in the above referenced. standards, unless otherwise shown on the Plans. iEND OF SECTION i 03300-1 Clarice Pearman - Res. 134-06 Page 1 From: Clarice Pearman To: Jones, Shannon Date: 9.14.06 5:53PM Subject: Res. 134-06 Shannon, Attached is a copy of the above resolution passed by City Council, August 15, 2006. This will also confirm that you pick up three of the four originals of the agreement with Crossland. I will forward to budget your budget adjustment. Also, I will forward via interoffice mail your original of the purchase requisition. If anything else is needed please let me know. Thanks. Clarice CC: Audit From: Clarice Pearman To: Fell, Barbara Date: 9.14.06 5:54PM Subject: Fwd: Res. 134-06 >>> Clarice Pearman 9.14.06 5:53:05 PM >>> Shannon, Attached is a copy of the above resolution passed by City Council, August 15, 2006. This will also confirm that you pick up three of the four originals of the agreement with Crossland. I will forward to budget your budget adjustment. Also, I will forward via interoffice mail your original of the purchase requisition. If anything else is needed please let me know. Thanks. Clarice City of Fayetteville Staff Review Form City Council Agenda Items Contracts Mayor's Approval City Council Meeting Date 517107 &t Iltciwt6 i< YoLto Sid Norbash, Staff Engineer ,r l+ l Engineering Operations Submitted By Division Department Action Required: •proval of: Amendment #2 to the Engineering Contract withMcGoodwin, Williams, and' $12,000 for 24" Water Main Replacement Project (W. Custer Ln. I Morningside Dr.) $12,500.00 Cost of this request 5400-5600-5808-00 Account Number 05040-10 Project Number Budgeted Item �X Project Contingency $90,000 Category/Project Budget $3,800 Funds Used to Date $86,200 Remaining Balance Budget Adjustment Attached 24" Water Main Replacement Relocation Project Program Category / Project Name Water System Improvements Program / Project Category Name Water & Sewer Fund Name Previous Ordinance or Resolution # i3 Original Contract Date: Original Contract Number: City Attorney Received in City Clerk's OM Ep 1 1 ..Q - blo.�a._ ?007 Finance and Internal Service Director Date Received in Mayor's Office Mayor Date Item Requiring Mayor's Approval To: Mayor Dan Coody Thru: Gary Dumas, Director of Operations Ron Petrie, City Engineer OF From: Sid Norbash, Staff Engineer Date: May 1, 2007 Subject: 24" Water Main Replacement (W. Custer Lane / Morningside) Approval of the Amendment #2 in the amount of $12,500, for the increase in the cost of Construction Inspection Phase. The construction of this project was approved by the City Council per Resolution 134-06, and construction began in late 2006. This project is currently under construction. Due to potential extreme damage to some residences caused by the large leaks with high pressure, it was decided by the Staff to start the construction while easement negotiations were still underway. To date certain property owners have refused to sign the necessary easements which has created some problems in completing the project. The Contractor and the Engineer have been asked to make certain adjustments in planning and construction, including re -mobilization. The length of the construction period has been extended to accommodate the contractor. This has resulted in additional needed construction observation for McGoodwin Engineers, as well as some additional expenses for alternative field work and designs. Contract Amendment #2, reflecting these costs, has been prepared, and is attached for approval. The cost of this Amendment is $12,500. The cost of Section 6.1.3.1 is changed from $42,000 to $54,500. BUDGET IMPACT Project Contingency approved by City Council ......$90,000 Used to date ............................................. $ 3,800 Available Balance .........................................$86,000 SN/sn Attachments: Amendment #2 / Copy of Resolution 134-06 RESOLUTION NO. 134-06 A RESOLUTION APPROVING A CONTRACT WITH CROSSLAND HEAVY CONTRACTORS, INC. IN THE AMOUNT OF $908,710.00 FOR 24" WATER MAIN. REPLACEMENT PROJECT (W. CUSTER LANE/MORNINGSIDE DRIVE); APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $90,000.00; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $214,700.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: S Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a Contract with Crossland Heavy Contractors, Inc. in the amount of $908,710.00 for 24" Water .Main Replacement Project (W. Custer Lane/Morningside Drive). 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 $90,000.00. Section 3. That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of $214,700.00. i91111 PASSED and APPROVED this 15th day of August, 2006. &1Y :FAYETfEVILLE: APPROVE ATTEST: ter'%s'9RKANSP. J@ y� •.folk• O By: DAN COODY, Mayor SO DRA SMITH, City Clerk a. AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND McGOODWIN, WILLIAMS AND YATES; INC. WHEREAS, on July 19, 2005, the City of Fayetteville, Arkansas (CITY OF FAYETTEVILLE) and McGoodwin, Williams and Yates, Inc. of Fayetteville, Arkansas (MWY) entered into an Agreement for engineering services in connection with the City of Fayetteville Water and Sewer Improvements; and in particular, the 24 -Inch Water Main Replacement at Custer and Morningside (the "Project"). The scope of these services included the final design and bidding services, and construction phase services, and. WHEREAS, on March 7, 2006, the CITY OF FAYETTEVILLE amended the Agreement to include additional lineal footage of water main replacement for the Project; and WHEREAS, due to project delays during construction beyond the control of MWY, the construction time period has been increased requiring additional hours of engineering services during construction; and NOW THEREFORE, in consideration of the mutual covenants and Agreements herein contained, CITY OF FAYETTEVILLE and MWY, the parties hereto, stipulate and agree that the Agreement for Engineering Services dated July 19, 2005, and amended on March 7, 2006, is hereby amended in the following particulars: SECTION 6— PAYMENTS TO MWY 6.1 Compensation Delete Paragraph 6.1.3.1 and replace with the following: 6.1.3.1 For the Scope of Services during the Construction Phase described herein, CITY OF FAYETTEVILLE shall pay MWY the sum not to exceed Fifty -Four Thousand Five Hudred United States Dollars (US $54,500.00), unless amended in accordance with Paragraph 6.1.5. All other provisions of the original Agreement remain in full force and effect. Fy-332 Amendment 2 Page 1 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed this day of ,200'7. auut°tII.n CITY OFF >YE 'TEV E ARKANSAS �'�RXITR�''�.,, ,�L,•G�ZY OF •G��� By: CGt *• Mayor E ;FAYETTEVILLE: %t %$J ATTEST: By: City Clerk McGOODW WIL I SAND ATES, INC. By: Bra . Hammon , P. E., President ATTEST: �p By: �JI t O%Lfr l l f1X C N? Sharon Collins, Acting Secretary END OF AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES Fy-332 Amendment 2 Page 2