HomeMy Public PortalAbout2003.03 Toothman-Orton Engineers - Airport Sewer Extention Project #02105 •
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AIRPORT SEWER PROJECT
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McCALL, IDAHO
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CONSTRUCTION DOCUMENTS AND SPECIFICATIONS
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FOR
SANITARY SEWER EXTENSION
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SCHEDULE D: CONSTRUCT SANITARY SEWER!IANHOLE AP-15 TO AP-26
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PROJECT NO. 02105
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MARCH 2003
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TOOTHMAN-ORTON ENGINEERING COMPANY
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714 DI"
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AIRPORT SEWER PROJECT
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McCALL, IDAHO
CONSTRUCTION DOCUMENTS AND SPECIFICATIONS
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FOR
SANITARY SEWER EXTENSION
TO INCLUDE:
SCHEDULE D: CONSTRUCT SANITARY SEWER MANHOLE AP-15 TO AP-26
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PROJECT NO. 02105
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' MARCH 2003y
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PREPARED BY:
' TOOTHMAN-ORTON ENGINEERING COMPANY M ANY
9777 CHINDEN BOULEVARD
BOISE, IDAHO 83714
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AIRPORT SEWER PROJECT
CITY OF McCALL, IDAHO
' Project No. 02105
TABLE OF CONTENTS
I. BIDDING INFORMATION
' Advertisement for Bids
Instruction to Bidders
{ ' Bid Forms
II. CONTRACT FORMS
' Notice of Award
Agreement
Construction Payment Bond
' Construction Performance Bond
Contractor's Certificate of Insurance
Notice to Proceed
' Field Order
Work Change Directive
Application for Payment
' Certificate of Substantial Completion
Certificate of Final Completion
' III. GENERAL CONDITIONS OF THE CONTRACT
General Conditions of the Construction Contract
IV. SPECIFICATIONS
Division One-General Requirements
' 1000 Special Provisions
1000.1 Coordination of Plans, Specification and Special Provisions
' 1000.2 1000.3 Supplementary Conditions—Owner
Supplementary Conditions for Protection of Cables, NAVAIDS and
Facilities
' 1010 1050 Summary of Work
Staking, Quantities and Drawings of Record
1091 Reference Standards
1110 Airport Project Safety Procedures
1200 Project Meetings
1310 Grantt-Bar Chart Schedule and Reporting
1340 Submittals, Shop Drawings and Samples
' 1400 Quality Control
1430 Leakage Tests
1500 Temporary Facilities and Controls
t1567 Erosion Control
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1610 Materials on Hand
I1710 Clean-up '`
Division Two- Site Work
' 2221 Trench Excavation, Bedding and Backfill
2223 Rock Excavation
2226 Pipe Boring and Jacking
' 2231 (ISPWC) Crushed Aggregate Base Course
2233 Shoulder Construction
2510 (ISPWC) Bituminous Concrete Pavement
A I 2575 Bituminous Surface Repair
2576 Pavement Removal
2665 Water Distribution
2730 Sanitary Sewer System
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Division Three-Concrete
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I3100 Concrete Formwork
3300 Cast-In-Place Concrete
# 3413 Precast Structures
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' I. BIDDING INFORMATION
' Advertisement for Bids
Instructions to Bidders
' Bid Forms
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CITY OF McCALL
' AIRPORT SEWER PROJECT SCHEDULE `D'
VALLEY COUNTY, IDAHO
IADVERTISEMENT FOR BIDS
Separate sealed BIDS for the City of McCall, Airport Sewer Project Schedule D, will be received
' by City of McCall, Valley County, Idaho, the OWNER, at 216 East Park Street, McCall, Idaho
83638 until 2:00 PM, prevailing time, Tuesday,April 08, 2003. Bids will then, at said location
and time, be publicly opened and read aloud.
Work associated with proposed improvements is generally described as follows:
SCHEDULE D: Construct Sanitary Sewer,Manhole AP-15 to AP-26. Includes
' approximately 1500 L.F. of sewer line and manholes and approximately 400 L.F. of
water line and appurtenances.
The CONTRACT DOCUMENTS are available for examination at the office of the ENGINEER,
TOOTHMAN-ORTON ENGINEERING COMPANY, 9777 Chinden Boulevard, Boise, Idaho 83714
and the following locations:
' City of McCall, 216 East Park Street, McCall, Idaho
Associated General Contractors, 110 North 27th Street, Boise, Idaho
t ' Intermountain Contractors, 110 North 27th Street, Boise, Idaho
The CONTRACT DOCUMENTS may be obtained only from the office of the ENGINEER upon
advance payment of a $50.00, NON-REFUNDABLE deposit. CONTRACT DOCUMENTS will be
sent by regular mail upon receipt of the required payment. If the Bidder requests special mail or
shipping of Contract Documents, the Bidder will be required to pay the additional shipping cost in
q ' addition to the$50.00 deposit in advance. Shipping costs will not be refunded. The ENGINEER will
maintain a PLANHOLDERS LIST. Contract documents will be made available after 2:00 p.m.,
Thursday, March 20, 2003.
' A BID GUARANTY of 5 percent of the BID AMOUNT is required. Separate PERFORMANCE AND
PAYMENT BONDS each in the amount of 100 percent of the CONTRACT AMOUNT will be
required. Each bidder must supply all the information required by the Bid Documents and
Specifications. A Public Works Contractor's License in the State of Idaho is required in order to
' submit a bid on this project.
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All prospective bidders are directed to the Instructions for Bidders for discussion of Bid policies,
procedures,and requirements. The Owner reserves the right to reject any and all Bids,to waive any
and all informalities and to negotiate contract terms with the successful Bidder, and the right to
' disregard all non-conforming, non-responsive or conditional Bids.
Dated this day of 2003.
' PUBLICATION DATES:
First Publication: March 27, 2003 Bill Keating, Public Works Director
Last Publication: April 3, 2003 City of McCall
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NOTICE INVITING BIDS 1
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INSTRUCTIONS TO BIDDERS
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1. Defined Terms:
ITerms used in these Instructions to Bidders,which are defined in the General Conditions of the
Construction Contract, have the meanings assigned to them in the General Conditions. The
term "Successful Bidder" means the lowest, qualified, responsive and responsible Bidder to
I whom Owner on the basis of Owner's evaluation as hereinafter provided makes an award.
2. Copies of Bidding Documents:
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2.1. Complete sets of the Bidding Documents in the number and for the deposit sum stated
in the Notice Inviting Bids (Advertisement for Bids) may be obtained from Engineer as
I designated in the Advertisement. The deposit will be refunded to Bidders or prospective
Bidders who return the Bidding Documents in good condition within 60 days of the Bid
Opening. Deposits will not be returned to the Successful Bidder or subcontractors
Icontracted by the Successful Bidder.
2.2. Complete sets of Bidding Documents shall be used in preparing Bids;neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from the
I use of incomplete sets of Bidding Documents. It is the Bidder's responsibility to assure
that he possesses complete sets of the 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.
I 2.4. Owner will provide delivery of documents by regular First Class ma
il service. If the
Bidder requests rapid delivery or special shipping service, the Bidder shall pay the
I additional shipping cost in advance. No reimbursement of shipping costs will be made to
a Bidder.
3. Qualifications of Bidders:
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To demonstratequalifications and to establish if a Bidder is"responsible"to perform the Work,
each Bidder must submit"Designation of Subcontractors and Suppliers" (Division I—Exhibit I),
' and evidence of authority to conduct business in the jurisdiction where the Project is located.
Each Bid must contain evidence of Bidder's qualification to do business in the state where the
Project is located, i.e. an Idaho Public Works Contractors License.
' 4. Examination of Contract Documents and Site:
' 4.1. It is the responsibility of each Bidder, before submitting a Bid, to (a) examine the
Contract Documents and other related data identified in the Bidding Documents
thoroughly, (b) visit the site to familiarize himself with local conditions that may in any
J ' manner affect cost,progress or performance of the Work, (c)familiarize himself with and
consider Federal, State and local laws, ordinances,rules and regulations that may in any
manner affect cost, progress or performance of the Work; and (d) study and carefully
correlate Bidder's observations with the Contract Documents, (e) to promptly notify
I Engineer of all conflicts, errors, ambiguities, or discrepancies which Bidder has
discovered in or between the Contract Documents and such other related documents. •
INSTRUCTIONS TO BIDDERS 1
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4.2. Reference is made to Specification Section 1000,Special Provisions for identification of
those reports of investigations and tests of subsurface and latent physical conditions at
the site which may have been utilized by Engineer in preparing the Contract Documents.
Bidder may rely upon the general accuracy of the "technical data" contained in such
reports if such data is included, but not upon other data, interpretations, opinions or
information contained in such reports or otherwise relating to the subsurface conditions
at the site, nor upon the completeness thereof for the purposes of bidding or
construction. These reports are not guaranteed as to accuracy or completeness,nor are
they part of the Contract Documents. Bidder is responsible for any interpretation or
conclusion drawn from any"technical data"or any such data,interpretations,opinions or
information. Before submitting his Bid each Bidder will, at his own expense, make such
additional investigations and tests as the Bidder may deem necessary to determine his
Bid for performance of the Work in accordance with the time, price and other terms and
conditions of the Contract Documents.
4.3. Information and data shown or indicated in the Contract Documents with respect to !
existing Underground Facilities at or contiguous to the site is based upon information
and data furnished 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.
4.4. On request, Owner may provide each Bidder access to the site to conduct such
investigations, subject to the approval of the Owner, as each Bidder deems necessary
for submission of his Bid.
4.5. The lands upon which the Work is to be performed, rights-of-way for access thereto,and
other land designated for use by Contractor in performing the Work are identified in
Specification Section 1000, Special Provisions or Drawings. Additional lands and
access thereto required for temporary construction facilities,construction equipment or
storage of materials and equipment to be incorporated in the Work, or disposal of
unsuitable or excess materials off-site (i.e. not on airport property) are to be obtained
and paid for by Contractor.
4.6. Before submitting a Bid each Bidder will 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.
4.7. The submission of a Bid will constitute an incontrovertible representation by the 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 applying the specific means, methods, techniques, sequences or
procedures of construction(if any)that may be shown or indicated or expressly required
by the Contract Documents,that Bidder has given Engineer written notice of all conflicts,
errors, ambiguities and discrepancies that Bidder has discovered in the Contract
Documents and the written resolutions thereof by Engineer if acceptable to Bidder, and
that the Contract Documents are sufficient in scope and detail and that the time
INSTRUCTIONS TO BIDDERS 2
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allocated for the preparation of the Bid was adequate to indicate and convey
Iunderstanding of all terms and conditions for performance of the Work.'
5. Interpretations
IAll questions about the meaning or intent of the Contract Documents shall be submitted to the
Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties
recorded by Engineer as having received the Bidding Documents. Only questions answered
yby formal written Addenda will be binding. Oral and other interpretations or clarifications will
be without legal effect.
I6. Bid Security:
6.1. Each Bid must be accompanied by Bid Security made payable to Owner, in an amount
of 5 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 5.01 of the General Conditions and licensed to
' do business in the State of Idaho.
6.2. The Bid Security of the Successful Bidder will be retained until such Bidder has executed
the Agreement and furnished the required Contract Security and met the other
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conditions of the Award, whereupon it will be returned. If the Successful Bidder fails to
execute and deliver the Agreement and furnish the required Contract Security within 15
days after the Notice of Award, Owners may annul the Notice of Award and the Bid
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Security of that Bidder will be forfeited.
6.3. 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 7th day after the
"effective date of the Agreement" (which term is defined in the General Conditions) by
Owner to Contractor and the required Contract Security is furnished or the 61 st day after
I the Bid Opening. Bid Security of other Bidders which are not competitive will be returned
within seven days of the Bid opening.
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7. Contract Time/Commencement of Construction:
The number of days within which, or the date by which, the Work is to be completed (the
Contract Times) are defined in the General Conditions and set forth in Article 3.1 of the
IAgreement.
8. Liquidated Damages:
IProvisions for liquidated damages are set forth in Article 3.2 of the Agreement.
I9. Substitute Material and Equipment:
The Contract, if awarded, will be on the basis of material 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 material or equipment may be furnished or used by Contractor,if
acceptable to Engineer, application for such acceptance will not be considered by Engineer until
I after the"effective date of the Agreement". The procedure for submittal of any such application
by Contractor and consideration by Engineer is set forth in paragraph 6.5 of the General
INSTRUCTIONS TO BIDDERS 3
G.',02105111PF ESISPECSUTLJTY SPECSb2105 BJST-BODOC
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Conditions and supplemented by Specification Section, 1000 Special Provisions;Specification
Section 1340, Submittals, Shop Drawings and Samples; and others. I
10.Subcontractors, Suppliers, etc.:
10.1. "Designation of Subcontractors and Suppliers", Division I-Exhibit I requires the identity
of Subcontractors, Suppliers, and other persons and organizations be submitted to
Owner as a part of the bid. The Bidder shall provide additional "Evidence of
Competency"for each such Subcontractor,Supplier,person and organization proposed I
for the work, upon the request of the Engineer. If Owner or Engineer after due
investigation has reasonable objection to any proposed Subcontractor,Suppliers,other
person or organization, either may before giving the Notice of Award request the
apparent Successful Bidder to submit an acceptable substitute without an increase in
Bid price. If the apparent Successful Bidder declines to make any such substitution,the
contract shall not be awarded to such Bidder, but his declining to make any such
substitution will not constitute grounds for sacrificing his Bid Security. Any
Subcontractor, Supplier, other person or organization so listed and to whom Owner or
Engineer does not make written objection prior to the giving of the Notice of Award will
be deemed acceptable to Owner and Engineer.
10.1.1. No Contractor shall be required to employ any Subcontractor, Supplier, other
person or organization against whom he has reasonable objection.
10. Bid Form and Bid Documents:
11.1 One Bid Form is provided in the Construction Documents and Specifications
11.2 All documents contained within the tab titled "Bid Documents" shall be submitted as
specified per Section 12. The forms to be submitted with the bid include the following:
Bid; Bid Schedule D; Contractor's Supplemental Equipment Rate Schedule; Bid Bond;
Additional Bid Forms, including: Designation of Subcontractor and Suppliers, Non-
Collusion Affidavit, and Joint Venture Statement.
11.3 Bid Schedule(s) must be completed in ink or by typewriter. The Bid unit price of each
item on the form must be stated in words and numerals; in case of a conflict,words will
take precedence. Discrepancies between the indicated sum of any column of figures
and the correct sum thereof will be resolved in favor of the correct sum.
11.4 Bids by corporations must be executed(signed)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 shall be shown
below the signature.
11.5 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.
11.6 All names must be typed or printed below the signature.
11.7 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of
which shall be filled in on the Bid Form).
INSTRUCTIONS TO BIDDERS 4
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11.8 The address and telephone number for communications regarding the Bid must be
Ishown in the space provided.
11.9 Each Bidder shall submit with and as a material part of his Bid a completed copy of all
"Additional Bid Forms"identified as Division I-Exhibits I through III. Owner reserves the
' right to reject any Bid submitted with incomplete or improperly completed Bid Forms or
Exhibits.
y ' 12 Submission of Bids:
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Bids shall be submitted at the time and place indicated in the Invitation to Bid and shall be
I enclosed in an opaque sealed envelope, marked with the Project title 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
I envelope with the notation "BID ENCLOSED" on the face thereof. Bids received after the
required time of submittal will be returned unopened to the prospective Bidders.
13. Modification and Withdrawal of Bids:
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13.1. Bids maybe modified or withdrawn
awn 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
Isubmitted at any time prior to the opening of Bids.
13.2. If, within 24 hours after Bids are opened, any Bidder files a duly signed written notice
I with Owner and promptly thereafter demonstrates to the reasonable satisfaction of
Owner that there was a material and substantial mistake in the preparation of his Bid,
that Bidder may withdraw his Bid and the Bid Security will be returned. Thereafter,that
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Bidder will be disqualified from further bidding on the Work to be provided under the
Contract Documents.
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INSTRUCTIONS TO BIDDERS 5
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14. Opening of Bids:
Bids will be opened publicly, and read aloud. A tabulation of the amounts of the Bids and bid
items will be available from the Engineer forty-eight hours after the opening of Bids.
15. Bids to Remain Subject to Acceptance:
All Bids shall remain subject to acceptance for 90 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.
16.Award of Contract: I
16.1. Owner reserves the right to reject any and all Bids, including without limitation the rights
to waive any and all informalities and to negotiate contract terms with the Successful
Bidder, and the right to disregard all nonconforming, non-responsive, unbalanced, or
conditional Bids. Failure to submit requited Bid Documents with the sealed Bid
shall be considered a Non-Responsive Bid.
16.2. In evaluatingBids,Owner shall consider thequalifications of the Bidders,whether or not
the Bids comply with the prescribed Bid requirements,and such alternates, unit prices,
and other data as requested in the Bid forms or by the Engineer prior to the Notice of
Award.
16.3. In evaluating Bids, 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 and other persons and
organizations must be submitted. Operating costs, maintenance considerations,
performance data and guarantees of materials and equipment may also be considered
by Owner when such information is required or requested by the Engineer prior to
issuance of the Notice of Award.
16.4. In evaluatingBids,Owner mayconduct such investigations as Owner deems necessary
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to establish the responsibility,qualifications and financial ability of the Bidders,proposed
Subcontractors, Suppliers, and other persons and organizations to perform and furnish
Work in accordance with the Contract Documents to Owner's satisfaction within the
prescribed time. Additional considerations in the Owner's evaluation may include the
following:
16.4.1. Bidder's failure to pay, or satisfactorily settle,all bills due for labor and materials on
previous contracts in a timely manner.
16.4.2. Bidder's failure to complete previous contracts in the time specified.
16.4.3. Bidder's failure to provide sufficient workers, equipment or materials to assure
completion of work in accordance with the terms of previous contracts.
16.5. Owner reserves the right to reject the Bid of any Bidder who does not pass to the
Owner's satisfaction any such evaluation conducted pursuant to paragraphs 16.2, 16.3,
and 16.4. Bidder that fails to pass to the Owner's satisfaction any such evaluation
shall be determined to be a Non-Responsible Bidder. I
INSTRUCTIONS TO BIDDERS 6
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16.6. If the contract is to be awarded it will be awarded to the lowest qualified,responsive and
' responsible Bidder whose evaluation by Owner indicates to Owner that the award will be
in the best interests of the Project. Refer to Section 19.4 for additional criteria. It is
Owner's intent to accept alternatives in the order in which they are listed in the Bid form;
however, Owner may choose to accept them in any order or combination.
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16.7 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award
within 60 days after the date of the Bid opening.
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16.7.1. Owner may issue a Notice of Award with additional condit
ions identified as
appropriate. Conditions shall be clearly stated on the Notice of Award.
17. Bonds and Insurance:
' Article 5 of the General Conditions — Bonds and Insurance and Specification Section 1000,
Special Provisions of the General Conditions set forth Owner's requirements as to Bonds and
Insurance. Whenthe Successful Bidder delivers the executed Agreement to Owner, it shall be
accompanied by the required Contract Security and documentation of required insurance
I coverages.
18.Signing of Agreement:
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the
required number of unsigned counterparts of the Agreement with other written Documents
attached. Within 15 days thereafter, unless otherwise stipulated in the Notice of Award,
Contractor shall sign and deliver the required number of the Agreement to Owner with all other
required Contract Documents attached. Within 15 days thereafter Owner will deliver one fully
' signed counterpart to Contractor. Engineer will identify those portions of the Contract
Documents not fully signed by Owner and Contractor and such identification shall be binding on
all parties.
' 19.Special Legal Requirements:
19.1 Bid Schedules
' 19.1.1 Bid Schedules in
cluded in the Bid are titled as follows:
ISCHEDULE D: Construct Sanitary Sewer Manhole Ap-15 to Ap-26
In addition to the above Schedules for Project Work elements a "Contractor's
I Supplemental Equipment Rate Schedule" is provided which will establish the
project hourly rates for equipment and labor used on the project. This
Supplemental Schedule is to be completed and provided as a part of the Bid.
I19.1.2 A "Responsive" Bidder shall submit a Bid including Schedule A along with the
required Bid Securities and additional Bid Forms.
' 19.1.3 A"Responsive" Bidder shall be determined by the Owner based on the evaluation
described in paragraphs 16.2, 16.3, 16.4 and 16.5.
I19.1.4 It is the Owner's desire and intent to award all schedules to the"Successful Bidder."
The Contractor is forewarned that Budget Limitations may require the deletion of
items or portions of the work scope of a given Schedule.
INSTRUCTIONS TO BIDDERS 7
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19.1.5 The"Successful Bidder"for the purpose of subsequent negotiations if necessary,
will be the responsive and responsible Bidder who submits the low Bid of Schedule
D in total.
19.1.6 The Bidders attention is directed to Section 16: "Award of Contract" of these
Instructions to Bidders for further discussion of evaluation of the Bid and to Section
18: "Signing of the Agreement".
19.1.7 The Owner reserves the right to delete all or a portion of individual Schedule(s)for
budget, weather, schedule or other circumstances and select those Schedules or
portions thereof which the Owner, at his sole discretion determines to be to the
benefit of the project.
19.1.8 Force Account Work Allowance: The Contractor shall maintain accurate records of
all equipment and labor used to complete Force Account work directed by the
Engineer. Signed copies of the records shall be provided to the Engineer with each
monthly pay request. Hourly rates for the labor and equipment shall be established
by the "Contractor's Supplemental Equipment Rate Schedule" or as may be
amended as a result of subsequent negotiations.
19.2 Contracts
19.2.1 The Bidder/Offeror certifies, by submission of this proposal or acceptance of this
contract,that neither it nor its principals is presently debarred,suspended,proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. It further agrees by submitting this
proposal that it will include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts, and subcontracts. Where the
Bidder/Offeror/Contractor or any lower tier participant is unable to certify to this
statement, it shall attach an etlanation to this solicitation/proposal.
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INSTRUCTIONS TO BIDDERS 8
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Bid Fonns
Bid
Bid Schedule D
Contractor's Supplemental Equipment Rate Schedule
' Bid Bond
Additional Bid Fors Exhibits I through Ill
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BID
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I PROJECT IDENTIFICATION: Airport Sewer Project
ICONTRACT IDENTIFICATION AND NUMBER:
THIS BID IS SUBMITTED TO OWNER: City of McCall
216 E. Park Street
McCall, ID 83638
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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 complete 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 Contract Documents.
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2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including
without limitation those dealing with the disposition of Bid Security. This Bid will remain open
' for 91 days after the day of Bid Opening. BIDDER will sign the Agreement and submit the
Contract Security and other documents required by the Contract Documents within 15 days
after the date of OWNER'S Notice of Award.
I3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
a) BIDDER has examined copies of all the Contract Documents and of the following
Iaddenda:
Addendum Date: Number of Addendum:
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(Receipt of all of which is hereby acknowledged) and also copies of the
Advertisement or Invitation to Bid and the Instructions to Bidders;
Ib) BIDDER has examined the site and locality where the Work is to be performed,the
legal requirements(Federal,State and local laws,ordinances,rules and regulations)
and the conditions affecting cost, progress or performance of the Work and has
Imade such independent investigations as BIDDER deems necessary;
c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
I 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 or induced any person,firm or a corporation to refrain from bidding;
and BIDDER has not sought by collusion to obtain for himself any advantage over
any other Bidder or over OWNERS; and
Id) The BIDDER currently possesses the appropriate Idaho Public Works
CONTRACTOR'S LICENSE.
' Idaho Public Works Contractors License No. .
e) All Subcontractors currently possess the appropriate Idaho Public Works
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CONTRACTOR'S LICENSE.
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4. BIDDER will complete the Work per the prices established in the attached Bid Schedule:
BID SCHEDULE SUMMARY:
Title Description Total Schedule Price
Schedule D Construct Sanitary Sewer Manhole Ap-15 to Ap-26 $
4.1 Bids shall include sales and other applicable taxes or fees.
4.2 Quantities shown are estimates and subject to change during construction. BIDDER agrees
to perform all work described in the Contract Documents at the Bid unit price.
5. BIDDER agrees that the:
a) Work will be Substantially Complete and Complete on or before the dates or within
the number of calendar days indicated in Article 3.1 of the Agreement.
b) BIDDER accepts the provisions of Article 3.2 of the Agreement as to Liquidated I
Damages in the event of failure to complete the Work on time.
6. The following documents are attached to, and made a condition of, and incorporated by I
reference into this Bid if not attached.
a) Required Bid Security in the form of(Bid Bond), (Certified Check) or
( )•
b) Bid Schedule D.
c) Supplemental Equipment Rate Schedule.
d) Identification of Subcontractors required to be identified in this Bid, "Designation of
Subcontractors and Suppliers", Division I-Exhibit I.
e) "Non-Collusion Affidavit", Division I-Exhibit III.
f) "Joint Venture Statement", Division I-Exhibit IV(if applicable).
7. Communications concerning this Bid shall be addressed to:
The address of BIDDER indicated below
I
8. The terms used in this Bid which are defined in the General Conditions of the Construction
Contract included as part of the Contract Documents have the meanings assigned to them
in the General Conditions, and as may be amended.
9. Bid Opening: 1
Date Time
SUBMITTED on , 20 . 1
BID Page 2 of 4
1
1
If BIDDER is:
A Corporation
I (Corporation Name)
(State of Incorporation)
1 By
(Signature of Person Authorized to Sign)
(Name and Title of Person Authorized to Sign)
9 )
(Corporate Seal)
1
I Attest
(Secretary)
Business Address
1
Phone No.
1
I A Joint Venture
By
(Signature)
I
(Name)
I (Address)
By
I (Signature)
(Name)
(Address)
I
(Each joint venturer must sign. The manner of signing for each individual, partnership and
corporation that is a party to the joint venture should be in the manner indicated above.)
' Attest
(Secretary)
Business Address
Phone No.
I
I
BID Page 3 of 4
G 12105\WPFIESISPECSVJTLINSPECS102105 BID DOC
i
1
A Partnership ...
(Firm Name)
' Si nature of General Partner)
9
I (Name of General Partner)
' Business address
1
Phone No.
' Attest
(Secretary)
f
Business Address
Phone No.
I
An Individual
IBy (SEAL)
(Signature of Individual)
' By
(Individual's Name)
Doing business as
I
Business address
I
Phone No.
Attest
I (Secretary)
Business address
Phone No.
I
I }
I
BID Page 4 of 4
G:‘02105\WPFLESISPECSvJTLRY SPECS,02105 BID.DOC
1
{ City of McCall
IAirport Sewer Project, Project No. 02105
BID SCHEDULE D
I
Est. Unit Total
Item Quantity Unit Price Price
1 1 Mobilization 1 LS
I2 Contractor Quality Control 1 LS
3 Contractor Safety 1 LS
4 8"Diameter PVC Sewer
' A.)7'To 10'Depth 470 LF
B.)10'To 13'Depth 60 LF
C.) 13'To 15'Depth 985 LF
{ Is Pipe Bedding&Foundation Stabilization
A.)Bedding 1,515 LF
B.)Stabilization 50 CY
I 6 Imported Backfill 75 CY
7 Rock Excavation
Boulder Removal,Over 1 C.Y. 20 CY
IA.)
B.)Blasting&Removal 10 CY
8 Standard Manholes to 7'Depth 6 EA
9 Extra Depth Standard manholes to 18' 22 VF
I10 Sewer Service Stubs
A.)Type"A" Service Stub 6 EA
B.)Type "B" Service Stub 13 EA
I 11 6"Water Main 400 LF
12 6"Gate Valve 2 EA
13 Install Fire Hydrant 1 EA
I14 Install Water Meter Pit and Service 2 EA
15 Force Account Allowance 1 LS 3000.00 3000.00
IBASE BID TOTAL Dollars
($ ). (use words)
I
I
I
I
I
Est. Unit Total
Item Quantity Unit Price Price
Add Alternate#I(Preferred)
16 Bore Under Taxiway"E" 1 EA I
ADD ALTERNATE BID SCHEDULE "I" TOTAL
Dollars ($ ).
(use words)
BASE BID PLUS ADD ALTERNATE BID SCHEDULE "I" TOTAL
Dollars ($ ).
(use words)
Est. Unit Total
Item Quantity Unit Price Price
Add Alternate#II
17 Trench Across Taxiway"E" 1 EA
ADD ALTERNATE BID SCHEDULE "II" TOTAL
Dollars ($ ).
(use words)
BASE BID PLUS ADD ALTERNATE BID SCHEDULE "II" TOTAL
Dollars ($ ).
(use words)
I
I
1
CONTRACTOR'S SUPPLEMENTAL EQUIPMENT RATE SCHEDULE
' Equipment and Labor Rates for Contractor Force Account Work:
' Make/Model/Description Hourly Rate
1. Dozers
I2., Backhoes
3. Tractors
4. Loaders
5. Scrapers: c.y.
6. Compactors
7. Trucks: 10 c.y.
' 20 c.y.
' pickup
water
8. Compressor
9. Generator
10. Paver
11. Asphalt Milling Equipment
12. Motor Grader
I13. Rollers
14. Foreman
15. Laborer
16. Electrician
Form shall be filled in at the time of bid submittal or an itemized rate schedule of the Contractor's
equipment may be attached in lieu of completion of the form. Hourly rates for equipment shall
include OWNERSHIP, OPERATING COST AND OPERATOR.
t E
CONTRACTOR'S SUPPLEMENTAL EQUIPMENT RATE SCHEDULE 1 OF 1
Gi021051WPFLESISPECS UTLfTY SPECS102105 EQUF ENTSCHEDULE DOC
PENAL SUM FORM
' BID BOND
BIDDER(Name and Address):
' SURETY(Name and Address of Principal Place of Business):
1
OWNER(Name and Address):
1
IfflQ
BID DUE DATE:
PROJECT (Brief Description Including Location):
BOND
BOND NUMBER:
' DATE: (Not later than Bid Due Date):
PENAL SUM:
' IN WITNESS WHEREOF,Surety and Bidder, intending to be legally bound hereby,subject to the
terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its
behalf by its authorized officer, agent or representative.
' BIDDER SURETY
(Seal) (Seal)
' Bidder's Name and Corporate Seal Surety's Name and Corporate Seal
By: By:
Signature and Title Signature and Title
' (Attach Power of Attorney)
Attest: Attest:
Signature and Title Signature and Title
Note: (1) Above addresses are to be used for giving required notice.
(2) Any singular reference to Bidder, Surety, Owner, or other party shall be
' considered plural where applicable.
' IMPORTANT—Surety companies executing BONDS must appear on the Treasury
Department's most current list (Circular 570 as amended)and be authorized to transact
business in the state where the project is located.
EJCDC NO. 1910-28-C(1990 Edition)
1
I
1. Bidder and Surety,jointly and severally,bind themselves,
their heirs, executors, administrators, successors, and 6. No suit or action shall be commenced underthis Bond prior
assigns to pay to Owner upon default of Bidder the penal to 30 calendar days after the notice of default,required in
sum set forth on the face of this Bond. Paragraph 4 above,is received by Bidder and Surety,and
in no case later than one year after Bid Due Date.
2. Default of Bidder shall occur upon the failure of Bidder to
deliver,within the time required by the Bidding Documents, 7. Any suite or action under this Bond shall be commenced
the executed Agreement required by the Bidding only in a court of competentjurisdiction located in the state
Documents and any performance and payment bonds in which the Project is located.
required by the Bidding Documents and Contract
Documents.
8. Notice required hereunder shall be in writing and sent to
3. This obligation shall be null and void if: Bidder and Surety at their respective addresses shown on
3.1. Owner accepts Bidder's bid and Bidder delivers within the face of this Bond. Such notices may be sent by
the time required by the Bidding Documents(or personal delivery,commercial courier,or by United States
any extension thereof agreed to in writing by Registered or Certified Mail, return receipt requested,
Owner)the executed Agreement required by the postage pre-paid, and shall be deemed to be effective
Bidding Documents and any performance and upon receipt by the party concerned.
payment bonds required by the Bidding
Documents and Contract Documents,or 9. Surety shall cause to be attached to this Bond a current
3.2. All bids are rejected by Owner,or and effective Power of Attorney evidencing the authority of
3.3. Owner fails to issue a notice of award to Bidderwithin the officer, agent, or representative who executed this
the lime specified in the Bidding Documents(or Bond on behalf of Surety to execute,seal,and deliver such
any extension thereof agreed to in writing by Bond and bind the Surety thereby.
Bidder and,if applicable,consented to by Surety
when required by paragraph 5 hereof). 10. This Bond is intended to conform to all applicable statutory
requirements. Any applicable requirement of any
4. Payment under this Bond will be due and payable upon applicable statute that has been omitted from this Bond
default of Bidder and within 30 calendar days after receipt shall be deemed to be included herein as if set forth as
by Bidder and Surety of written notice of default from length. If any provision of the Bond conflicts with any
Owner, which notice will be given with reasonable applicable provision of any applicable statute, then the
promptness, identifying this Bond and the Project and provision of said statue shall govern and the remainder of
including a statement of the amount due. the Bond that is not in conflict therewith shall continue in
full force and effect
5. Surety waives notice of any and all defenses based on or
arising out of any time extension to issue notice of award 11. The term "bid" as used herein includes a bid, offer, or
agreed to in writing by Owner and Bidder,provided that the proposal as applicable.
time for issuing notice of award including extensions shall
not in the aggregate exceed 120 dabs from Bid Due Date
without Surety's written consent
I
1
1
EJCDC NO. 1910-28-C(1990 Edition)
1
rz
I
I
IINDEX OF
ADDITIONAL BID FORMS
' Designation of Subcontractors and Suppliers, Division 1 —Exhibit 1
I Non-Collusion Affidavit, Division 1 —Exhibit II
f
Joint Venture Statement, Division I—Exhibit III
1
1
1
1
1
DESIGNATION OF SUBCONTRACTORS AND SUPPLIERS
1
Each bidder shall set forth below: (a)The name and the location of the place of business of each
I subcontractor and supplier who will perform work or labor or render service or provide materials or
equipment to the Contractor in or about the construction of the work in an amount in excess of one-
half(%)of one percent(1%)of the Contractor's total bid; and (b)The portion of the work which will
be done by each such subcontractor or provided by each such supplier.
I
The bidder's attention is directed to the provisions of Idaho Code Section 67-2310 which requires
subcontractors who will perform mechanical or electrical work to be named on the bid of the general
Icontractor. The Contractor shall not name more than one subcontractor for each work item. If the
Contractor intends to perform mechanical and/or electrical work under the provisions of his own
license, he shall name himself providing he is properly licensed.
I
The Contractor shall not,without written consent of the Engineer,make anysubstitution,
g t tulJon,alterations,
or additions to the following list of subcontractors or suppliers which is made a material part of this
' BID.
The following is a complete list of the proposed Subcontractors and Suppliers: (Attach additional
sheets if necessary.)
Name and Approximate Amount Idaho Public Works Type Work To DBE:
Address
Value of Materials of Subcontract or Contractor License No. Be Done Yes/No
' I
I
t
I
I
i
I (Name of Firm)
I (Date) (Signature)
' (Title)
1
DIVISION I-EXHIBIT I
G1021051WPFLESISPECSWTLRY SPEC502105 ADORIONAL BD FORMS.DOC
E
I
NON-COLLUSION AFFIDAVIT
Bidder's Name
I
Address
I
By submission of this bid,each bidder and each person signing on behalf of any bidder certifies,and
' in the case of a joint bid each party thereto certifies as to its own organization, under penalty of
perjury, that to the best of his knowledge and belief:
1. The Prices in this bid have been arrived at independently without collusion, consultation,
Icommunication, or agreement, for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
I 2. Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to opening, directly or indirectly, to any other bidder or to any competitor;
I3. No attempt has been made or will be made by the bidder to induce any other person,
partnership, or corporation to submit or not to submit a bid for the purpose of restricting
competition.
1
1
(Firm Name)
1
(Date) (Signature of Responsible Officer)
I (SEAL OF CORPORATION)
(Title)
I
I Subscribed and Sworn to before me, this day of
, 20 . My Commission Expires
1
(Notary Public)
I
1
DIVISION I- EXHIBIT II
G102105UNPFLESISPECS UTILITY SPECS02105 ADDITIONAL BID FORMS DOC
1
JOINT VENTURE STATEMENT
1
PROJECT:
ISTATE OF )
SS:
COUNTY OF )
I
We, undersigned, being duly sworn according to law, upon our respective oaths depose and say
I that:
1. The following named Contractors have entered into a joint venture for the purpose of
I
carrying out all the provisions of the above project:
( ) An Individual
' a. ( ) A Partnership
( ) A Corporation
I
( ) An Individual
b. ( ) A Partnership
( ) A Corporation
' ( ) An Individual
c. ( ) A Partnership
( ) A Corporation
I2. The Contractors, under whose names we have affixed our respective signatures, have duly
authorized and empowered us to execute this Joint Venture Statement in the name of and
Ion behalf of such Contractors for the purpose hereinbefore stated.
3. Under the provisions of such joint venture, the assets of each of the Contractors name in
I Paragraph 1 hereof, and in case any Contractor so named above is a partnership, the
assets of the individual members of such partnership,will be available for the performance
of such joint venture and liable therefore and for all obligations incurred in connection
therewith.
' 4. This Joint Ve
nture Statement is executed so that the named Contractors, as one
organization, may, under such joint venture, bid upon said Contract, and be awarded the
I contract if they should become the successful bidder therefore. Any bid, bond and
agreement relating to said Contract shall be executed by any of the undersigned, and when
so executed shall bind this joint venture and each and every Contractor named herein
I severally and jointly. Simultaneous with the execution of the Contract, the Contractors
entering into this joint venture shall designate and appoint a Project Supervisor to act as
their true and lawful agent with full power and authority to do and perform any and all acts or
Ithings necessary to carry out the work set forth in said Contract.
1
DIVISION I-EXHIBIT III
G1021O5WVPFLES\SPECSYJTLITY SPECS102105 ADDMONAL BD FORMS DOC
I
1
5. We bind the Contractors for whom we respectively execute this Joint Venture Statement in
firm Agreement with
(Owner)that each of the representations herein set forth is true.
Subscribed and Sworn to before me, this (a) day of , 20 1
By
(Print Name) 1
Notary Public 1
My Commission expires
Subscribed and Sworn to before me, this (a) day of , 20
By
(Print Name)
Notary Public
My Commission expires 1
Subscribed and Sworn to before me, this (a) day of , 20
By
(Print Name)
Notary Public
My Commission expires
•
1
i
DIVISION I-EXHIBIT III
G:102105MPFLESSPECSNUTLITY SPECS102105 ADDR10NAL BID FORMS.DOC
•
3
• IL CONTRACT FORMS
' Notice of Award
' Agreement
Construction Payment Bond
Construction Performance Bond
Contractor's Certificate of Insurance
Notice to Proceed
' Field Order
Contract Change O
tApplication for Paymenrdert
' Certificate of Substantial Completion
Certificate of Final Completion
s
I
1
I
NOTICE OF AWARD
w IDated: , 2003
TO:
' (BIDDER)
ADDRESS:
I
OWNER'S PROJECT NO.
PROJECT: McCall Airport Sewer Project
I
OWNERS' CONTRACT NO.
I CONTRACT FOR:
(Insert name of Contract as it appears in the Bidding Documents)
You are notified that your Bid dated ,2003 for the above Contract has been considered.
You are the apparent Successful Bidder and have been awarded a contract for
The Contract Price of your contract is Dollars
I
($ ).
Three copies each of the proposed Agreement and Contract Bond Forms accompany this Notice
I of Award.
_sets of the Construction Specifications and Drawings will be delivered separately or
Iotherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen days of the date of this Notice
I
of Award, or as may be stated in item 9 following, that is by , 2003.
1. You must deliver to the OWNER fully executed counterparts of the Agreement including all
Ithe Contract Documents.
2. You must deliver with the executed Agreement the Contract Security(Bonds)as specified in the
' Instructions to Bidders, paragraph 17, General Conditions, Article 5 and Special Provisions,
Section 1000.
3. You must deliver with the executed Agreement the Certificates of Insurance as specified in the
I
Instructions to Bidders, paragraph 17, General Conditions, Article 5, and Special Provisions,
Section 1000.
I
6. The Contractor shall possess a valid Idaho Public Works Contractor's License of the appropriate
classification prior to execution of the Agreement.
ICOPY to ENGINEER -
(Use certified Mail,
Return Receipt Reauested) '`
I
7. The Contractor shall assure that the Subcontractor(s) possess an Idaho'Public Works
Contractor's License of the appropriate category prior to commencing work on the project.
8. The Contractor should be prepared to receive a Notice to Proceed with an effective date for
commencement of construction on
9. Other Conditions and Precedents.
a.
I
I
Failure to comply with these conditions within the time specified will entitle OWNER to consider your
Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited.
Within fifteen days after you comply with those conditions, OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
1
City of McCall, Idaho ACCEPTANCE OF AWARD
(OWNER)
By: (CONTRACTOR)
(AUTHORIZED SIGNATURE)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
(TITLE) (DATE)
I
COPY to ENGINEER
(Use certified Mail,
Return Receipt Requested)
1
' AGREEMENT
THIS AGREEMENT is dated as of the day of the year 20_by and
between City of McCall, Idaho, (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:
The Project for which the Work under the Contract Documents may be the whole or only a part is
' generally described as follows:
' Airport Sewer Project
McCall, Idaho
Project No. 02105
Article 2 ENGINEER
The Project has been designed by TOOTHMAN-ORTON ENGINEERING CO., 9777 Chinden
Boulevard, Boise, Idaho 83714,who is hereinafter called ENGINEER and who will assume all duties
' and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract Documents.
Article 3 CONTRACT TIME
3.1 Work encompassed bythis Contract as identified in Article 1 above shall be Substantially
p av
Complete, as defined in Paragraph 1.38 and as stated in Paragraph 14.8 of the General
' Conditions,Section 1046 Sequencing and Phasing, Complete and ready for Final Payment,
in accordance with Paragraph 14.13 of the General Conditions, according to the following
schedule:
AGREEMENT 1
I
I
Bid Substantial Final Liquidated Damages
Schedule Completion Completion per Calendar Day
D 25 Calendar Days 30 Calendar Days $500
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 substantially
complete within the time 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 in a legal or arbitration proceeding the
actual loss suffered by OWNER if the Work is not substantially complete 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 the
amount(s) specified in Paragraph 3.1 for each day that expires after the time specified in
Paragraph 3.1 for Final Completion until the Work is complete.
Article 4 CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the
Contract Documents in current funds as follows: See copy of CONTRACTOR'S BID (and
attachments)marked Exhibit 1, attached.
Article 5 PAYMENT PROCEDURES
Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions on or about the 24th day of each month. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the Contract
Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, during construction as provided below. All progress payments will be on the
basis of the progress of the Work measured by the schedule of values provided for in
paragraph 14.1 of the General Conditions.
5.1.1 Prior to Substantial Completion, progress payments will be in an amount equal to:
90% of the Work completed, less aggregate of payments previously made.
5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to increase
total payments to CONTRACTOR to 95% of the Contract Price, less such
amounts as ENGINEER shall determine in accordance with paragraph 14.7 of1
the General Conditions.
1
AGREEMENT 2
I
I
5.1.3 Progress payments will be made between 30 and 45 days from the date of approval of
Ithe payment request by the Owner.
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
I
Price as recommended by Engineer as provided in said Paragraph 14.13.
IArticle 6. INTEREST
All moneys not paid when due hereunder shall bear interest at the legal rate set by 28-22-104, Idaho
I
Code.
I
Article 7 CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
I
representations:
I7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions and Federal, State and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress or
I performance of the Work.
I7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface
and latent physical conditions at the site or otherwise affecting cost, progress or
I performance of the Work which were relied upon by ENGINEER in the preparation of the
Drawings and Specifications and which have been identified in the Supplementary
Conditions-Owner.
I
7.3 CONTRACTOR has made or caused to be made examinations,investigations and tests and
studies of such reports and related data in addition to those referred to in paragraph 7.2 as
he deems necessary for the performance of the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
IDocuments;and no additional examinations,investigations,tests,reports or similar data are
or will be required by CONTRACTOR for such purposes.
I7.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
IDocuments.
I 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts,errors or discrepancies
that he has discovered in the Contract Documents and the written resolution thereof by
ENGINEER is acceptable to CONTRACTOR.
1
AGREEMENT 3
I
Article 8 CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Agreement between OWNER and I
CONTRACTOR consist of the following:
8.1 This Agreement, pages 1 to 6 inclusive.
8.2 Exhibits to this Agreement, 1 to_, inclusive.
8.3 Performance and Payment Bonds.
8.4 Certificates of Insurance.
8.5 Notice of Award.
8.6 General Conditions, pages 1 to 42, inclusive.
8.7 Specifications bearing the title:Airport Sewer Project dated March 2003 and consisting of
divisions and pages, as listed in table of contents thereof.
8.8 Drawings,consisting of a cover sheet and sheets numbered 1 through 5,inclusive with each
sheet bearing the following general title:Airport Sewer project, McCall, Idaho, Project No.
02105 dated March 2003.
8.9 Addenda, Numbers , , and , inclusive.
8.10 CONTRACTOR's Bid, including Bid Bond and additional Bid Forms, Exhibit
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.12 Any Modification, including Change Orders, duly delivered after execution of Agreement.
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be altered, amended or repealed by a Field Order, Work Change Directive,
Change Order, or Written Amendment as defined in Article 1 of the General Conditions
1
Article 9 MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall
have the meanings indicated in the General Conditions.
AGREEMENT 4
I
I9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound; and specifically, but without limitation, moneys that may become due and moneys
' that are due may not be assigned without such consent(except to the extent that the effect
of this restriction may be limited by law), and unless specifically stated to the contrary in any
I
written consent to an assignment no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
I9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and
legal representatives to the other party hereto, his partners, successors, assigns and legal
Irepresentatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
I
Article 10 OTHER PROVISIONS
10.1 Work shall not commence until Pre-Construction Conference has been held at a mutually
I
agreed to time and place.
I10.2
The Contractor shall not commence work on the project until receipt of the Notice To
Proceed. Contract time shall commence on the effective date of the Notice to Proceed.
I
I
I
l
7
I
•
I
I
I
AGREEMENT 5
n,minc wur a MIcor-rcu IT..ry cocrcvnlnc enos&c..rr re-sr
I
IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All
portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on
2003.
CONTRACTOR:
OWNER: City of McCall, Idaho
By:
By:
Title:
Date:
Dated:
(CORPORATE SEAL)
(CORPORATE SEAL)
Attest
Attest Address for giving notices:
Address for giving notices:
9 9
License No.:
Agent for service of process:
(If OWNERS are a public body, attach
evidence of authority to sign any resolution or
other document authorizing execution of
Agreement.)
1
AGREEMENT 6
I
I
Construction Payment Bond
Any singular reference to the Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
I
I OWNER(Name and Address):
l
CONSTRUCTION CONTRACT
Date:
Amount
Description(Name and Location):
I
I BOND
Date(Not earlier than Construction Contract Date):
Amount:
Modifications to the Bond Form:
I
CONTRACTOR AS PRINCIPAL SURETY
ICompany: (Corp.Seal) Company: (Corp.Seal)
I Signature: Signature:
Name and Title: Name and Title:
I
CONTRACTOR AS PRINCIPAL SURETY
ICompany: (Corp.Seal) Company: (Corp.Seal)
Signature: Signature:
IName and Title: Name and Title:
I
IEJCDC No.1910-28B(1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee,The
• Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the
Associated Specialty Contractors.
IReprinted 10/90
1
1
1.The Contractor and the Surety,jointly and severally,bind themselves,their
heirs,executors,administrators,successors and assigns to the Owner to pay for 10. The Surety hereby waives notice of any change,including changes of time,to the
litho;materials and equipment furnished for use in the performance of the Construction Contract or to related subcontracts,purchase orders and other obligations.
Construction Contract,which is incorporated herein by reference.
11.No suit oractionshall be commenced by a Claimant under this Bond other than in
2. With respect to the Owner,this obligation shall be null and void if the a courtof competent jurisdiction in the location in which thtworlc or part ofthe workis
Contractor located of after the expiration of one year from the date(1)on which the Claimant gave
2.1. Promptly makes payment,directly or indirectly,for all sums due the notice required by Subparagraph 4.1 or Clause 4.2(iii),or(2)on which the last
Claimants,and labor or service was performed by anyone or the last materials or equipment were
22. Defends,indemnifies and holds harmless the Owner from claims, furnished by anyone under the construction Contract,whichever of(1)or(2)first
demands,liens or suits by any person or entity whose claim,demand, occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum
lien or suit is for payment for laboi materials or equipment furnished period of limitationavailable to sureties as a defense in the jurisdiction of the suit shall
for use in the performance ofthe Construction Contract,provided the be applicable.
Owner has promptly notified the Contractor and the Surety(at the
address described in Paragraph 12)of any claims,demands,liens or 12. Notice to the Surety,the Owner or the Contractor shall be mailed or ddivered to
suits and tendered defense of suds claims,demands,liens or suits to the address shown on the signaturepage.Actual receipt of notice by Surety,the Owner
the Contractor and the Surety, and provided there is no Owner or the Contractor,however accomplished,shall be sufficient compliance as of the date
Default received at the address shown on the signature page.
3. With respect to the Claimants,this obligationshall be null and void if the 13. When this Bond has been furnished to comply with a statutory or other legal
Contractor promptlymakes payment,directly or indirectly,for all sums due requirement in the location where the construction was to be performed,any provision
in the Bond conflicting with said statutoryor legal requirement shall be deemed deleted
4. The Surety shall have no obligation to Claimants under this Bond until: herefrom and provisions conforming to such statutoryor other legal requirement shall
4.1. Claimants who are emplo}ed by or have a direct contract with the be deemed incorporated herein. The intent is,that this Bond shall be construed as a
Contractor have given notice to the Surety(at the address described in statutory bond and not as a common law bond.
Paragraph 12)and sent a copy,or notice thereof to the Owner,stating
that a claim is being made under this Bond and,with substantial 14. Upon request by any person orentityappearingtobeapotentialbeneficiaryofthis
accuracy,the amount of the claim. Bond,the Contractor shall promptly furnish a copy of this Bond or shall permit a copy
42. Claimants who do not have a direct contract with the Contractor: to be made.
1.Have furnished written notice to the Contractor and sent a copy,or
notice thereof to the Owner, within 90 days after having last 15. DEFINITIONS
performed labor or last furnished materials or equipment included in
the claim stating,with substantial accuracy,the amount of the claim 15.1 Claimant:An individual or entityhaving a direct contract with the Contractor
and the name of the party to whom the materials were furnished or or with a subcontractor of the Contractor to furnish Jabot materials or
supplied or for whom the labor was done or performed;and equipment for use in the performance of the Contract. The intent of this
2. Have either received a rejection in whole or in part from the Bond shall beto include without limitation inthe terms"Lebo;materials or
Contractor,or not received within 30 days of furnishing the above equipment"that part of water,gas,power,light,heat,oil,gasoline,telephone
notice any communication from the Contractor by which the service or rental equipment used in the Construction Contract,architectural
Contractor has indicated the claim will be paid directly or indirectly, and engineering services required for performance of the work of the
and Contractor and the Contractor's subcontractors,and all other items for which
3. Not having been paid within the above 30 days,have sent a a mechanids lien may be asserted in the jurisdiction where the labor,
written notice to the Surety(at the address described in Paragraph 12) materials or equipment were furnished.
and sent a copy,or notice thereof to the Owner,stating that a claim is 15.2 Construction Contract: The agreement between the Owner and the
being made under this Bond and enclosing a copy of the previous Contractor identified on the signaturepage,including all Contract Documents
written notice furnished to the Contractor. and changes thereto.
15.3 Owner Default: Failure of the Owner,which has neither been remedied nor
5. If a notice required by Paragraph 4 is given by the Owner to the Contractor waived,to pay the contractor as required by the Construction Contract or to
or to the Surety,that is sufficient compliance. perform and complete or comply with the other terms thereof.
6. When the Claimant has satisfied the conditions ofParagraph 4,the Surety
shall promptlyand at the Surety's expense take the following actions:
6.1. Send an answer to the Claimant,with a copy to the Owner,within 45
days after receipt of the claim,stating the amounts that are undisputed
and that basis br challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed amounts.
7. The Suretys total obligationshall not exceed the amount of this Bond,and
the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
8. Amounts owed by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract and to
satisfy claims,if any,under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond,they agree that all
funds earned by the Contractor in the performance of the Construction Contact
are dedicated to satisfy obligations of the Contractor and the Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the
•work.
9. The Surety shall not be liable to the Owner, Claimants or others for
obligationsof the Contract that are unrelated to the Construction Contact.The
Owner shall not be liable for payment of any costs or expenses of any Claimant
under this Bond,and shall have under this Bond no obligations to make
payments to, give notices on behalf of or otherwise have obligations to
Claimants under this Bond.
(FOR INFORMATION ONLY-Name,Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other party):
1
I
I
Construction Performance Bond
IAny singular reference to the Contractor,Surety,Owner or other party shall be considered plural where applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
I
IOWNER(Name and Address):
CONSTRUCTION CONTRACT
Date:
IAmount
Description(Name and Location):
I
I BOND
Date(Not earlier than Construction Contract Date):
Amount:
Modifications to the Bond Form:
I
CONTRACTOR AS PRINCIPAL SURETY
I
Company: (Corp.Seal) Company: (Cor
p.Seal)
I Signature: Signature:
Name and Title: Name and Title:
I
CONTRACTOR AS PRINCIPAL SURETY
1 Company: (Corp.Seal) Company: (Corp.Seal)
Signature: Signature:
IName and Title: Name and Title:
I
I
EJCDC No.1910-28A(1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, The
Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the
Associated Specialty Contractors.
IReprinted 10/90
1
1.The Contractor and the Surety,jointlyand severally,bind themselves,their 7. The Surety shall not be liable to the Owner or others for obligations of the
heirs,executors,administrators,successors and assigns to the Owner for the Contractor that are unrelated to the Construction Contract,and the Balance of the
performance of the Construction Contract,which is incorporated herein by Contract Price shall not be reduced or set off on account of any such unrelated
reference. obligations.No right of action shall accrue on this Bond to any person or entity other
2. If the Contractor performs the Construction Contract,the Surety and the than the Owner or its heirs,executors,administrators,or sucessors.
Contractor shall have no obligation under this Bond,except to participate in 8. The Surety hereby waives notice of any change,including changes of time,to the
conferences as provided in Subparagraph 3.1. Construction Contract or to related subcontracts,purchase orders and other obligations.
3. If there is no Owner Default,the Surety's obligation under this Bond shall 9. Any proceeding,legal or equitable,under this Bond may be instituted in any court
arise after of competent jurisdiction in the location in which the work or part of the work is
3.1. The Owner has notified the Contractor and the Surety at its address located and shall be instituted within two years after the Contractor Default or within
described in Paragraph 10 below that the Owner is considering two years after the Contractor ceased working or within two years after the Surety
declaring a Contractor Default and has requested and attempted to refuses or fails to perform its obligationsunder this Bond,whichever occurs first Ifthe
arrange a conference with the Contractor and the Surety to be held provisions of this Paragraph are void or prohibited by lava the minimum period of
not later than fifteen days after receipt of such notice to discuss limitation available to sureties as a defense in the jurisdiction of the suit shall be
methods of performing the Construction Contract. If the Owner,the applicable.
Contractor and the Surety agree,the Contractor shall be allowed a 10. Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to
reasonable time to perfonn the Construction Contract,but such an the address shown on the signature page
agreement shall not waive the Owner's right,ifany,subsequently to 11. When this Bond has been furnished to comply with a statutory or other legal
declare a Contractor Default;and requirement in the location where the construction was to be performed,any provision
3.2. The Owner has declared a Contractor Default and formally in the Bond conflicting with said statutoryor legal requirement shall be deemed deleted
terminated the Contractor's right to complete the contract. Such herefrom and provisions conforming to such statutoryor other legal requirement shall
Contractor Default shall not be declared earlier than twenty days after be deemed incorporated herein. The intent is,that this Bond shall be construed as a
the Contractor and the Surety have received notice as provided in statutory bond and not as a wmmon law bond.
Subparagraph 3.1;and 12. DEFINITIONS
3.3 The Owner has agreed to pay the Balance of the Contract Price to the 12.1 Balance of the Contract Price:The total amount payable by the Owner to the
Surety in accordance with the terms of the Construction Contract or Contractor under the Construction Contract after all proper adjustments have
to a contractor selected to perform the Construction Contract in been made,including allowance to the Contractor of any amamts received or
accordance with the terms of the contract with the Owner. to be received by the Owner in settlement of insurance or other claims for
4.When the Owner has satisfied the conditionsof Paragraph 3,the Surety shall damages to which the Contractor is entitled,reduced by all valid and proper
promptly and at the Surety's expense take one of the following actions: payments made to or on behalf of the Contractor under the Construction
4.1 Arrange for the Contractor,with consent of the Owner,to perform Contract.
and complete the Construction Contract or 12.2 Construction Contract: The agreement between the Owner and the
4.2 Undertake to perform and complete the Construction Contract itself Contractor identified on the signature page, including all Contract
through its agents or through independent contractors;or Documents and changes thereto.
4.3 Obtain bids or negotiated proposals from qualified contractors 12.3 Contractor Default: Failure of the Contractor, which has neither been
acceptable to the Owner for a contract for performance and remedied nor waived,to perfonn or otherwise to comply with the terms of
completion of the Construction Contract,arrange for a contract to be • the Construction Contract
prepared for execution by the Owner and the contractor selected with 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor
the Owner's concurrence, to be secured with performance and waived,to pay the Contractor as required by the Construction Contract or to
payment bonds issued on the Construction Contract,and pay to the perform and complete or comply with the other terms thereof
Owner the amount of damages as described in Paragraph 6 in excess
of the Balance of the Contract Price incurred by the Owner resulting
from the Contractor's default;or
4.4 Waive its right to peform and complete,arrange for completion,or
obtain a new contractor and with reasonable promptness under the
circumstances:
1. After investigation,determine the amount for which it may be
liable to the Owner and,as soon as practical after the amount is
determined,tender payment therefor to the Owner,or
2. Deny liability in whole or in part and notify the Owner citing
reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable
promptness,the Surety shall be deemed to be in default on this Bond fifteen
days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond,and the
Owner shall be entitled to enforce any remedy available to the Owner If the
Surety proceeds as provided in Subparagraph 4.4,and the Owner refuses the
payment tendered or the Surety has denied liability in whole or in part,without
further notice the Owner shall be entitled to enforce any remedy available to the
Owner.
6.After the Owner has terminated the Contractor's right to complete the
Construction Contract,and if the Surety elects to act under Subparagraph 4.1,
4.2,or 4.3 above,then the responsibilities of the Surety to the Owner shall not
be greater than those ofthe Contractor under the ConstruetionContract,and the
responsibilities of the Owner to the Surety shall no be greater than those of the
Owner under the Construction Contract. To the limit of the amount of this
Bond,but subject to commitment by the Owner of the Balance of the Contract
Price to mitigation of costs and damages on the Construction Contract,the
Surety is obligated without duplication for.
6.1 The responsibilities of the Contractor for correction of defective work
and completion of the Construction Contract;
6.2 Additional legal design professional and delay costs resulting from
the Contractor's Default,and resulting from the actions or failure to
act of the Surety under Paragraph 4;and
6.3 Liquidated damages,or if no liquidated damages are specified in the
Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
(FOR INFORMATION ONLY-Name,Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other party):
i
I
I
I
I
I
I
ICONTRACTOR'S CERTIFICATE OF INSURANCE
I Contractor to submit documentation of insurance as required in the General Conditions
and Specification Section 1000, Supplemental Conditions-Owner. Replace this sheet
with the appropriate Certificates of Insurance and other evidence of insurance.
IDocumentation of insurance shall be provided concurrent with submittal of the
Construction Payment and Performance Bonds.
I
1
I
I
I
I
i
1 I
NOTICE TO PROCEED
Dated: , 2003
TO:
(Contractor)
IADDRESS:
PROJECT: Airport Sewer Proiect Schedule D
1
CONTRACT NO.
I CONTRACT FOR
(Insert name of Contract as it appears in the Bidding Documents)
You are notified that the Contract Times under the above contract will commence to run on
I By that date,you are to start performing your obligations under the Contract Documents. In accordance with
Article 3 of the Agreement the dates of Substantial Completion and Final Completion for Phase 1 are
and , respectively.
I
II Before you may start any Work at the site,paragraph 2.7 of the General Conditions provides that you and Owner
must each deliver to the other(with copies to ENGINEER and other identified additional insureds)certificates of
insurance which each is required to purchase and maintain in accordance with the Contract Documents.
I
Also before you may start any work at the site,you must comply with the following:
(add other requirements)
I
I
ICity of McCall, Idaho
(OWNER)
By.
(AUTHORIZED SIGNATURE)
• (NAME)
I
(TITLE)
I ACCEPTANCE OF NOTICE TO PROCEED
(CONTRACTOR)
By:
I (AUTHORIZED SIGNATURE)
(NAME)
I (TITLE)
I (DATE)
Copy to ENGINEER
(Use Certified Mail,
IReturn Receipt Requested)
EJCDC No.1910-22(1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
1
FIELD ORDER
No.
PROJECT PROJECT Airport Sewer Project Schedule D
DATE OF ISSUANCE EFFECTIVE DATE:
' OWNER City of McCall, Idaho
OWNER's CONTRACT NO.
CONTRACTOR
' ENGINEER Toothman-Orton Engineering Company
Your are directed to proceed with the following work task(s):
DESCRIPTION:
REASON FOR WORK:
ATTACHMENTS:
•
Estimated Cost of Additional Work is:
Not-to-exceed Authorized Cost is:
Work accomplished pursuant to this Field Order shall be paid for on a time and materials basis in
' accordance with:
Bid Item(s)
Other
Authorized By: Accepted By:
ENGINEER CONTRACTOR
DATE: DATE:
t
3 G.i021051WPFLESISFECSYJTLfP/SFECS102105 FIELDORDER.DOC
I
I WORK CHANGE DIRECTIVE
(Instructions on reverse side) No.
1
PROJECT Airport Sewer Project Schedule D
IDATE OF ISSUANCE EFFECTIVE DATE
I
OWNER City of McCall, Idaho
Contract No.
ICONTRACTOR ENGINEER Toothman-Orton Engineering Co.
' You are directed to proceed promptly with the following change(s):
Description:
I
Purpose of Work Change Directive:
Attachments: (List supporting documents)
If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a
I change Order based thereon will involve one or more of the following methods of determining the effect of
the change(s).
I
Method of determining change in Contract Price: Method of determining change in Contract Times:
Unit Prices Contractor's records
ILump Sum Engineer's records
Other Other
I
Estimated increase(decrease) in Contract Price: Estimated increase(decrease) in Contract Times:
$
Substantial Completion: days;
I If the change involves an increase, the estimated Ready for final payment: days;
amount is not to be exceeded without further
authorization. If the change involves an increase, the estimated
I times are not to be exceeded without further
authorization.
IRECOMMENDED: AUTHORIZED
ENGINEER OWNER
By:I By:
(Authorized Signature) (Authorized Signature)
EJCDC No.1910-8-F(1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America
I
G:1021051WPFILES\SPECS\tJTIUfY SPECSW2105 WORKCHDIRECT-EJC.DOC
I
i
1
WORK CHANGE DIRECTIVE
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed for use in situations involving changes in the Work which, if not processed
expeditiously, might delay the Project. These changes are often initiated in the field and may affect the
Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work
that may be included in a subsequent Change Order. I
For supplemental instructions and minor changes not involving a possible change in the Contract Price or
the Contract limes a Field Order may be used.
B. COMPLETING THE WORK CHANGE DIRECTIVE FORM
Engineer initiates the form including a description of the items involved and attachments.
Based on conversations between Engineer and Contractor, Engineer completes the following:
METHOD OF DETERMINING CHANGE, IN ANY, IN CONTRACT PRICE: Mark the method to be I
used in determining the final cost of Work involved and the estimated net effect on the Contract
Price. If the change involves an increase in the Contract Price and the estimated amount is
approached before the additional or changed Work is completed, another Work Change Directive
must be issued to change the estimated price or Contractor may stop the changed work when the
estimated price is reached. If the Work Change Directive is not likely to change the Contract Price,
the space for estimated increase (decrease) should be marked "Not Applicable".
METHOD OF DETERMINING CHANGE, IN ANY, IN CONTRACT TIMES: Mark the method to be
used in determining the change in Contract Times and the estimated increase or decrease in
Contract Times. If the change involves an increase in the Contract Times and the estimated times
are approached before the additional or changed Work is completed, another Work Change
Directive must be issued to change the estimated times or Contractor may stop the changed work
when the estimated times are reached. If the Work Change Directive is not likely to change the
Contract Times, the space for estimated increase (decrease) should be marked "Not Applicable".
Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization I
because Engineer alone does not have authority to authorize changes in Price or Times. Once authorized
by Owner, a copy should be sent by Engineer to Contractor. Price and Times may only be changed by
Change Order signed by Owner and Contractor with Engineer's recommendation.
Once the Work covered by this directive is completed or final cost and times are determined, Contractor
should submit documentation for inclusion in a Change Order.
THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAYAFFECT THE CONTRACT PRICE OR
THE CONTRACT TIMES. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY.
1
EJCDC No.1910-8-F(1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America
G:1021051WPFILESISPECSIUTILI Y SPECS102105 WORKCHDIRECT-EJC.DOC
1
I To City of McCall, Idaho
APPLICATION FOR PAYMENT NO.
(OWNER)
Contract For Airport Sewer Project Schedule D
OWNER's Contract No. ENGINEER's Project No. 02105
' For Work Accomplished Through The Date Of
I Bid Schedule Work Completed Preceding Work Completed This Total Work Completed
Pay Application No. Payment Period To Date
I
Change Order(s)
9
I
Total(s)
' Gross Payment Amount Due $
Payment Calculation: Less _% Retainage $
Less Other Retainage $
I Payment Amount Due to Date $
Less Previous Payments $
• Payment Amount Due Contractor This Application $
Accompanying Documentation
1. Detailed Schedule of Values for Bid Items
' 2. Certification of Subcontractor Payment
3. Description of Other Retainage(if Necessary)
4. Change Order(s) No. , , , (if Appropriate)
I5. Other:
CONTRACTOR'S Certification:
I The undersigned CONTRACTOR certifies that:(1)all previous progress payments received from OWNER on
account of Work done under the Contract referred to above have been applied to discharge in full all
obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment
numbered 1 through_inclusive; (2)title to all Work, materials and equipment incorporated in said Work or
I
otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and dear
of all liens,claims,security interest and encumbrances(except such as are covered by Bond acceptable to Owner
indemnifying OWNER against any such lien,claim,security interest or encumbrance);and(3)all WORK covered
' by this Application for Payment is in accordance with the Contract Documents and not defective as that term is
defined in the Contract Documents.
Dated , 20
' CONTRACTOR
By
(Authorized Signature)
I Payment of the Above AMOUNT DUE THIS APPLICATION is recommended.
Dated , 20 Toothman-Orton Engineering Company
By (Authorized Signature)
IEJCDC No.1910-8-E(1990 Edition)
Prepared by the Engineers Joint contract Documents Committee and endorsed by The Associated General Contractors of America.
G:1021051WPFILES\SPECS\UTILITY SPECS\02105 PAYAPP-EJC.DOC
1
i
APPLICATION FOR PAYMENT
INSTRUCTIONS
A.GENERAL INFORMATION
This standard form is intended as a guide only. Many projects require a much more extensive form with space for
numerous items, descriptions of Change Orders, identification of variable quantity adjustments, summary of
materials and equipment stored at the site and other information. It is expected that a separate form will be
developed by Engineer or Contractor at the time Contractor's Schedule of Values is finalized.Note also that the
format for retainage must be changed if the Agreement permits(or the Law provides),and Contractor elects,the
deposit of securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning
payments to the Contractor.
B.COMPLETING THE FORM
The Schedule of Values, submitted and approved as provided in paragraphs 2.6.3 and 2.9 of the General
Conditions, should be copied in the space indicated on the Application For Payment form. Note that the cost of
materials and equipment is often listed separately from the cost of their installation. All Change Orders affecting
the Contract Price should be identified and include such supplemental Schedules of Values as required for
progress payments.
The form is suitable for use in the Final Application for Payment as well as for Progress Payments; however,the
required accompanying documentation is usually more extensive for final payment. All accompanying
documentation should be identified in the space provided on the form.
C.ENGINEER'S REVIEW
Engineer must review all Applications for Payment with care to avoid recommending any payments not yet earned
by Contractor. All accompanying documentation of legal nature, such as lien wavers, should be reviewed by
Owner's attorney,and Engineer should advise Owner.
1
I
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I
EJCDC No.1910-8-E(1990 Edition)
Prepared by the Engineers Joint contract Documents Committee and endorsed by The Associated General Contractors of America.
G:102105\WPFILES\SPECS\UTILITY SPECSW2105 PAYAPP-EJC.DOC
1
CERTIFICATE OF SUBSTANTIAL COMPLETION
' PROJECT Airport Sewer Project Schedule D
DATE OF ISSUANCE
OWNER City of McCall, Idaho
' OWNER's Contract No.
OWNER's Project No.
CONTRACTOR ENGINEER Toothman-Orton Engineering Co.
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the
' following specified parts thereof:
1
' TO City of McCall, Idaho
OWNER
' And To
CONTRACTOR
I The Work to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR, and ENGINEER, and that Work is hereby declared to be substantially
complete in accordance with the Contract Documents on
1
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-
inclusive, and the failure to include an item in it does not alterthe responsibility of CONTRACTOR to
' complete all the Work in accordance with the Contract Documents. The
items in the tentative list shall be completed or corrected by CONTRACTOR within
' days of the above date of Substantial Completion or by , 20
I
EJCDC No.1910 8-D(1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
G102105WYPF`ESISPECSHJTtnYSPECS102105 CERT4SUBSTANCOWIETEDOC
From the date of Substantial Completion the responsibilities between OWNER and CONTRACTOR
for security, operation, safety, maintenance, heat, utilities, insurance, and warranties and guarantees
shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
(For items to be attached, see definition of Substantial Completion as supplemented and other
specifically noted conditions precedent to achieving Substantial Completion as required by Contract
Documents.]
Executed by ENGINEER on , 20
Toothman-Orton Engineering Co.
ENGINEER
By:
(Authorized Signature)
CONTRACTOR accepts this Certificate of Substantial Completion on , 20
CONTRACTOR
By:
OWNER accepts this Certificate of Substantial Completion on , 20
City of McCall, Idaho
OWNER
By: 1
(Authorized Signature)
EJCDC No.1910-8-D(1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
GA0210511APFLESISPECSUTUTY SPECS02105 CeeT4SUBSTANCOMPLETE DOC
1
CERTIFICATE OF FINAL COMPLETION
1
OWNER: City of McCall, Idaho
OWNER'S CONTRACT NO:
' OWNER'S PROJECT NO:
' ENGINEER'S PROJECT NO:
PROJECT
1
' LOCATION: McCall, Idaho
' The Project to which this Certificate applies has been inspected by authorized representatives of
OWNER, CONTRACTOR,AGENCIES and ENGINEER, and that Project is hereby declared to be
final and complete in accordance with the Contract Documents. The CONTRACTOR's one year
warranty of all completed work shall commence as dated below.
DATE OF FINAL PROJECT COMPLETION:
ACCEPTANCE BY:
OWNER: City of McCall, Idaho
BY: DATE:
CONTRACTOR:
BY: DATE:
' ENGINEER: Toothman-Orton Engineering Co.
BY: DATE:
•
G102105UNPFLES\SPECSYITLITY SPECS`02105 CERT4FNALCONPLETION.DOC
1
1
' III. GENERAL CONDITIONS OF THE CONTRACT
1
1
1
i
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph Page Article or Paragraph Page
I. Number& TitleNumber Number& Title Number
• 1. DEFINITIONS 13 2.5-2.7 Before Starting Construction;
1.1 Addenda 13 CONTRACTOR'S Responsibility to
1.2 Agreement 13 Report: Preliminary Schedules;
I 1.3 Application for Payment 13 Delivery of Certificates of
1.5 Asbestos
13 Insurance 15
1.5 Bid 13 2.8 Proconsiruction Conference 15
I
1.6 Bidding Documents 13 2.9 Initially Acceptable Schedules 16
I 1.7 Bidding Requirements . 13 3. CONTRACT DOCUMENTS:INTENT,
1.8 Bonds 13 AMENDING,REUSE 16
1.9 Change Order 13 16
13 3.1-3.2 Intent
1.10 Contract Documents 13 3.3 Reference to Standards and
1.11 Contract Price. 13 Specifications of Technical Societies;
t 1.12 Contract Times' 13 Reporting and Resolving
1.13 CONTRACTOR
Discrepancies •' 16
1.14 defective 13
13 3.4 Intent of Certain Terms or Adjectives.. 17
1.15 Drawings 1.16 Effective Date of the Agreement13 3.6 Supplementing Contract Documents :.. 17
' 3 5 Amending Contract Documents 17
•
1.17 ENGINEER •-- 133 3.7 Reuse of Documents 17
1.18 ENGINEER's Consultant
1.19 Field Order.... 13 4.. AVAILABILITY OF LANDS;SUBSURFACE.AND
1.20 General Requirements 14 PHYSICALCONDITIONS;REFERENCEPOINTS. 17
I 1.21 Hazardous Waste 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 4.21 Limited Reliance by CONTRACTOR
1.24 Milestone 14 Authorized;Technical Data 18
1.25 Notice of Award 4.2.3 Notice of Differing Subsurface or
1.26 Notice to Proceed 14 Physical Conditions 18
I
1.27 OWNER ... ." 14 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
131 Project 14 Facilities 18
1.32 . Radioactive Material 4.3.1 Shown or Indicated 18
1.33 Resident Project Representative ....... 1414 4.3.2 Not Shown or Indicated 19
1.34 Samples • 4.4 Reference Points ' 19
135" Shop Drawings 14 4.5 Asbestos, PCBs,Petroleum,Hazardous
a 1.36 Specifications 14Waste or Radioactive Material 19
1.37 Subcontractor 14
II
1.38 Substantial Completion 14 5. BONDS AND INSURANCE ..... 20.
1.39 Supplementary Conditions 14 5.1-5.2 Performance,Payment and Other Bonds. 20
1.40 Supplier 14
14 5.3 Licensed Sureties and Insurers;
I
1.41 Underground Facilities •
Certificates of Insurance 20
1.42 Unit Price Work 5.4 CONTRACTOR'S Liability Insurance . 20
1.43 Work 1521
15 5.5 OWNER'S Liability Insurance ........
1.44 Work Change Directive 5.6 Property Insurance 21
1.45 Written Amendment 15 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
t 2.2 Copies of Documents 15 5.9 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 �
0
IN1
I
Ankle 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 79
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 Limitations on OWNER's
Insurance 23 Responsibilities 30
8.10 Asbestos, PCBs, Petroleum, Hazardous
6. CONTRACTOR'S RESPONSIBILITIES 23 Waste or Radioactive Material 30
6.1-62 Supervision and Superintendence 23 8.11 Evidence of Financial Arrangements .. 30
6.3-6.5 Labor, Materials and Equipment 239. ENGINEER'S STATUS DURING
6.6 Progress Schedule CONSTRUCTION
6.7 Substitutes.and"Or-Equal" Items; 30
CONTRACTOR'S Expense; 9-1 OWNER'S Representative 30
Substitute Construction : 9.2 Visits to Site 30
Methods or.Procedures; 9.3 ProjecC Representative 30
• ENGINEER'S Evaluation 23 9.4 Clarifications and Interpretations 30
6.8-6.11 Concerning Subcontractors, Suppliers• 9.5 Authorized Variations in Work 30
, and Others;Waiver of Rights 24 9.6 Rejecting Defective Work 30
..-1
6.12 Patent Fees and Royalties 9.7-9.9 Shop Drawings,Change Orders and
6.13 Permits 25 Payments 31
6.14 Laws and Regulations 25 9.10 Determinations for Unit Prices 31
6.15 Taxes 25 9.11-9.12 Decisions on Disputes;ENGINEER as
6.16 Use of Premises 26• Initial Interpreter 31
26 9.13 Limitations on ENGINEER'S
6.17 Site Cleanliness
• 6.18 Safe Structural Loading 26 Authority and Responsibilities 3d
7.7 6.t9 Record Documents 26 10. CHANGES.IN THE WORK 32
6 20 Safety.and Protection 26
6.21 Safety Representative 26 10.1 OWNER Ordered Change 32
6?.2 Hazard Communication Programs....... 27 10.2 Claim forNotAdjustment
Re u iced 32
E:` 10.3 Work Required by Contract
6.23. Emergencies 27 • Documents 32
6.24 Shop Drawings and.Samples 27 10.4 Change Orders
6.25 Submittal Procedures; 10.5 Notification of Surety 32
1 CONTRACTOR's Review Prior to
J Shop Drawing or Sample Submittal . 27 11. CHANGE OF CONTRACT PRICE 32
6.26 Shop Drawing&Sample Submittals 11.1-1.1.3 Contract Price;Claim for Adjustment;
r-; Review by ENGINEER 27 Value of the Work 32
.6.27 Responsibility for Variation From 11.4 Cost of the Work 33 I
L ) 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
Li 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 12. CHANGE OF CONTRACT TIMES 35
Warranty and Guarantee 28
L
6 31-6 33 Indemnification 28 12.1 Claim for Adjustment 35
..
6.34 Survival of Obligations 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
i 8. OWNER'S RESPONSIBILITIES 29 -
i_; 8.1 Communications to Contractor 29 13. TESTS AND INSPECTIONS;CORRECTION,
8.2 Replacement of ENGINEER 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE
1 8.3 Furnish Data and Pay Promptly When WORK 36
Due 29 13.1 Notice of Defects 36
t • . 8.4 Lands and Easements; Reports and 13.2 Access to the Work 36
Tests 29 13.3 Tests and Inspections; Contractor's
1 8.5 Insurance 29 Cooperation 36
I
2
L.
,
i
I
Article or Paragraph Page Article or Paragraph Page
I Number& Title Number Number& Title Number
13.4 OWNER's Responsibilities: 14.12 Final Application for Payment 40
2 ' 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
I 13.6-13.7 CoverintWork Prior to Inspection, 15. SUSPENSION OF WORK AND
Testing or Approval 36
TERMINATION 40
13.8-13.9 Uncovering Work at ENGINEER's
I Request
'"13.10 OWNER May Stop the Work 36
36 15.1 OWNER May Suspend Work
15.2-15.4 OWNER May Terminate 40
40
1 - 15.5 CONTRACTOR-May Stop Work or
13.11 Correction or Removal of Defective
16. DISPUTE RESOLUTION 41
Work
13.12 Correction Period 37 Terminate 41
I13.13 Acceptance of Defective Work 37
13.14 OWNER May Correct Defective •
I Work 37 17. MISCELLANEOUS
17.1 Giving Notice 42
421 - 17.2 Computation of Times 42
, .
14. PAYMENTS TO CONTRACTOR AND 17.3 - Notice of Claim 42
i COMPLETION
14.1 Schedule of Values 37 17.4 Cumulative Remedies
37 17.5 Professional Fees and Court Costs 42
j — 14.2 Application for Progress Payment ..... 38 Included 42
' 1 14.3 CONTRACTOR'S Warranty of Title ... 38
14.4-14.7 Review of Applications for EXHIBIT GC-A (Optional): •
1 t'I .
Progress Payments 38 Dispute Resolution Agreement(Optional) GC-Al
2 •
14.8-14.9 Substantial Completion 39 16.1-16.6 Arbitration GC-A 1
1 - 14.10 Partial Utilization 39
14.11 Final Inspection
- 39 16.7 Mediation GC-A2
1 •
[II •
; =
, .. „:...
3 4
3 [I
.
3 i 3
,
2 1
I
' .
2 .
I
II
I
3
,
I
INDEX TO GENERAL CONDITIONS
I
Article or Paragraph Article or Paragraph
Number a Number
Acceptance of- Bidding Documents-definition of 1 6(6.8.2)
Bonds and Insurance 5 14 Bidding Requirements-definitions of 1.7(1.1,4.2.6.2)
defective Work . 10.4.1. 13.13. 13.15 Bonds-
final payment 9.12, 14.15 acceptance of 5.14
insurance 5 14 additional bonds 10.5, 11.4.5.9
other Work,by CONTRACTOR 7,3 Cost of the Work 11.5.4
Substitutes and "Or-Equal" Items 6.7.1 definition of 1.8
Work by OWNER 2.5,630,6.34 delivery of 2..1,5.1
Access to the- final application for payment 14.12-14.14
Lands,OWNER and CONTRACTOR general 1 10,5.1-5.3,5.13,9.13,10.5, 14.7.6
responsibilities 4.1 performance, Payment and Other 5.1-5.2
site,related work .... 7.2 Bonds and Insurance-in general 5
_, Work, 13.2, 13.14, 14.9 Builder's risk"all risk" policy form 5.6.2
Acts or Omissions Acts and Omissions Cancellation Provisions, Insurance 5.4.11..5.8,5.15
CONTRACTOR .6.9.1, 9.13.3 Cash Allowances 11.8
ENGINEER 6.20,9.13.3 Certificate of Substantial Completion 1.38,630.2.3,
OWNER 6 20,8.9 14.8, 14.10
Addenda-definition.of(also see Certificates of Inspection 9.13.4, 13.5, 14.12.
definition of Specifications) (1.6, 1.10;b:19) l.T Certificates of Insurance ..2.7,5.3,5.4.11, 5.4.13.5.6.5,5.8,
Additional Property Insurances 5.7 5.14,9.13.4, 14.12
Ad'ustments Change in Contract Price-
Cash Allowances 11.8 •
1...'} Contract Price or Contract claim for price adjustment .....4.1,4,2.6,4.5,5.15, 6.8.2, 1
I Times 1S,3.5.4.I,4.33,45.2,43:3.9.4,9S. 9.4.9.5,9.11, 10.2, 10.5, 11.2, 13.9,
10.2-10.4, 11, 12, 14.8, 15.T
13.13, 13.14, 15.1, 15.5
progress schedule • 6.6 CONTRACTOR's fee 11.6 I
Agreement-' Cost of the Work
definition of I.2 general 11.4-11.7
All risk Insurance,policy form 5 6 2 Exclusions to 11.5
r Allowances, Cash 11.8 Cost Records - 11.7 I
Amending Contract Documents 3.5 in general 1.19, 1.44,9.11, 10.4.2, 10.4.3, 11
Amendment,Written- • Lump Sum Pricing 113.2
in general .... 1.10, 1.45,3.5,5.10,5.12, 6.6.2,6.82, 6.19, Notification of Surety 10.5(1( 10.1, 10.4,11.2, 12.1, 13.12.2, 14.7.2 Scope of 10.3-10.4
L; Appeal,OWNER or CONTRACTOR Testing and Inspection, Uncovering the Work 13.9 ill
intent to 9.10,9.11, 10.4, 16.2, 16.5 Unit Price Work 11.9
Application for Payment Value of Work 11.3
definition of 1.3 Change in Contract Times-
ENGINEER's Responsibility 9 9 Claim for times adjustment ....4.1,4.2.6,4.5,5.15,.6.8.2,
final payment 9.13.4,9.13.5, 14.12-14.15 9.4,9.5, 9.11. 10.2, 105, 12.1. 13.9, 13.13,
in general 2.8,2.9,5.6.4,9.10, 15.5 13.14, 14.7, 15.1, 15.5
progress payment 14.1, 14.7 Contractual time limits 12.2
review of 14.4-14.7 Delays beyond CONTRACTOR's control 12.3
Arbitration(Optional) _ 16.1-16.6 Delays beyond OWNER's and CONTRACTOR's con-
Asbestos- trol 12.4
4.5.2, 45.3 Notification of surety10.5
claims pursuant thereto -
CONTRACTOR authorized to stop Work 4.5.2 Scope of change 10.3-10.4
. definition of 1.4 Change Orders-
t .. OWNER responsibility for 4.5.1,8.1.0 Acceptance of Defective Work 13.13
possible price and times change 4.5.2 Amending Contract Documents 3.5
j Authorized Variations in Work 3.6,6.25 6.27,9.5 Cash Allowances . . 11.8
I Availability of Lands 4 1 8 4 Change of Contract Price I I
1 ` 1 25 Change of Contract Times 12
- Award, Notice of-defined g
Before Starting Construction 2.5-2.8 Changes in the Worki
10
## Bid-definition of 1 5 CONTRACTOR's fee 11.6
- (1.1, 1.10,2.3,3.3,4.2.6.4,6.13, 11.4.3, 11.9.1) Cost of the Work 11.4-11.7
I 4 I
1
I
t -
Article or Paragraph .- Article or Paragraph
Number Number
3
Cost Records 11.7 general 6.2,6.9.2,8.1
definition of 1.9 Hazard Communication Programs 6.''?
I
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
I Indemnification 6.12,. .1 ,631,6.33 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
I 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
II Record Documents 6.19 Conferences-
.' Scope of Change • 10.3-10.4 initially acceptable schedules 2.9
- Substitutes 6.73,6.8.2 •preconstruction 2.8
' Unit Price Work 11.9 Conflict, Error,Ambiguity,Discrepancy-
value of Work, covered by 'I Changes in the Work 11.3 ` CONTRACTOR to Report 2.5,3.3.2
10 Construction,before starting by CONTRACTOR ....2.5-2.7
Notification of surety .. 10.5 Construction Machinery, Equipment,etc. .6.4
I . OWNER's and CONTRACTOR'S responsibilities .... 10.4 Continuing the Work 6.29, 10.4
I Right to an adjustment .10.2 Contract Documents-
Scope of change 10.3-10.4 Amending Y 3.5
: Claims- Bonds 5.1
against CONTRACTOR 6.16 Cash Allowances 11.8
4 1 against ENGINEER 632 Change of Contract Price 11
against OWNER 632 Change of Contract Times 12
Change of Contract Price 9.4, 11.2 Changes in the-Work ...10.4-10.5
Change of Contract Times 9.4, 12.1 check and verify 2.5
CONTRACTOR'S 4,7.1 9.4,9.5, 9.11, 10.2, 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
CONTRACTiOR'S Fee
1i.6 ENGINEER.as initial interpreter of 9.11
I CONTRAChOR's liability 5.4,6.12,6.16,.631 ENGINEER as OWNER's representative . . 9.1
Cost of the Work 11.4, 11.5 general 3
1 Decisions on Disputes .. 9.11,9.12 Insurance 5.3
Dispute Resolution 16.1 Intent 3.1-3.4
I
Dispute Resolution Agreement 16.1-16.6 minor variations in the Work 3 6
ENGINEER as initial interpretor 9 11 OWNER'S responsibility to furnish data 8.3
113.2 OWNER's responsibility to make
Lump Sum Pricing
Notice of 17.3 prompt payment , 8.3, 14.4, 14.13
I
OWNER's ' 9.4,9.5, 9.11. 10.2, 11.2, 11.9, 12.1, precedence 3.1,3.3.3
Li 13.9,•13.13, 13.14, 17.3 Record Documents . 6 19
OWNER's liability 5.5 Reference to Standards and Specifications
:1.11
OWNER may refuse to make payment . 14.7 of Technical Societies 3,3
- Professional Fees and Court Costs Included 17.5 Related Work 2
`..I 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
I Value of I I.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.t 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 11
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
--4 Communications- Change of 12.1-12.4
I 5
-
I
Article or Paragraph Article or Paragraph
Number Number
Commencement of 2.3 For Acts and Omissions of Others 6.9.1-6.9.2,9.13
definition of 1.12 for deductible amounts,insurance 5.9
CONTRACTOR- general ,. 6,7.2,7.3, 8.9
Acceptance of Insurance 5.14 •Hazardous Communication Programs 6.22
Limited Reliance on Technical Data Authorized 4.2 2 Indemnification 6.31-6.33
Communications 6.2, 6.9 2 Labor, Materials and Equipment 63-6.5
Continue Work 6.29, 10.4 Laws and Regulations 6.14
coordination and scheduling 6.9.2 Liability Insurance 5.4
definition of 1.13 Notice of variation from Contract Documents 6 27
May Stop Work or Terminate 15.5 Patent Fees and Royalties 6.12
provide site access to others 72, 13 2 Permits 6.13
Safety and Protection 4.3.1.2.6.16,6.18,6.21-6.23. Progress Schedule 6.6
7.2. 13.2 Record Documents 6.19
Shop Drawing and Sample Review Prior to Submittal . 6.25 related Work performed prior to ENGINEER's
Stop Work requirements 4.52 . approval of required submittals 6.28
CONTRACTOR'S- safe structural.loading 6.18
Compensation 11.1-11.2 Safety and Protection 6.20.7.2. 13.2
Continuing Obligation 14.15 Safety Representative• 6.21
Defective Work 9.6,:13.10-13.14 Scheduling the Work 6.9 2
Duty to correct defective Work 13.11 Shop Drawings and Samples ..6.24
Duty to Report- Shop Drawings and Samples Review
Changes in the Work caused by by ENGINEER 6.26
;at. Emergency 6 3 Site Cleanliness 6.17
Defects in Work of Others 7.3 Submittal Procedures 6.25
Differing conditions 4.23 Substitute Construction Methods and
• 1 Discrepancy in Documents 2.5,3.3.2,6.14.2 Procedures .. 6.7.2
t ' Underground Facilities not indicated 4.3.2 Substitutes and "Op-Equal" items 6.7.1
Emergencies 623 Superintendence 6.2
.l Equipment and Machinery Rental,Cost Supervision 6.1
Li of the Work -' _ 11.4.5.3 Survival of Obligations 6.34
Fee-Cost-Plus - • 11.4.5.6, 11.5.1, 11.6 Taxes 6.15
- General Warranty and Guarantee ............. 6.30 Tests and Inspections • 13.5
Hazard Communication Programs 6.22 To Report 2.5
-t Indemnification 6.12, 6.16, 6.31-6.33 Use of Premises 6.16-6.18, 6,30.2.4
Inspection of the Work • 7.3, 13.4, Review Prior to Shop Drawing or Sample Submittal..6.25
Labor, Materials and Equipment 6.3-6.5 Right to adjustment for changes in the Work 10.2
Laws and Regulations,Compliance by"; 6.14.1 right to claim ..4,7.1,9.4,9.5,9.11, 10.2, 11.2, 11.9, 12.1.
. Liability Insurance 5.4 13.9, 14.8, 15.1, 15.5, 17.3
Notice of Intent to Appeal 9.10, 10.4 Safety and Protection 6.20-6.22,7.2, 13.2
F . obligation to perform and complete the Work ........ 6.30 Safety Representative 6 t
t;,; Patent Fees and Royalties.paid for by.. 6 12 Shop Drawings and Samples Submittals 6.24-6.28
Performance and Other Bonds 5.1 Special Consultants • 11.4.4
s Permits,obtained and paid Tor by 6 13 Substitute Construction Methods and Procedures 6.7
Progress Schedule 2.6,2.8,2.9,6.6, 6.29, 10.4, 15.2.1 . Substitutes and"Or-Equal" Items, Expense .. 6.7.1,6.7.2
"
Request e t for formal decision on disputes 9.11 Subcontractors,Suppliers and Others 6 8-6.11
Responsibilities- Supervision and Superintendence 6.1, 6.2, 6.21
Changes in the Work 10.1 Taxes, Payment by 6.15
L.
6.8- Use of Premises 6.16-6.18
Concerning Subcontractors,Suppliers and Others .
6.11 Warranties and guarantees 6 30, 6.5
Continuing the Work 6.29, 10.4 Warranty of Title 14.3
! CONTRACTOR'S expense 6.7.1 Written Notice Required-
CONTRACTOR'S General Warranty and Guaran- CONTRACTOR stop Work or terminate ........... 15.5
tee 6.30 Reports,of Differing Subsurface and Physical Condi-
f 4.2.3
CONTRACTOR's review prior to Shop Drawing or Sam- bons 14 8
pie submittal 6.25 Substantial Completion 7
Coordination of Work 6.9.2 CONTRACTORS-other
Emergencies 6.23 Contractual Liability Insurance 5 4 10
i Contractual Time Limits 12.2
1 ENGINEER'S evaluation. Substitutes
or"Or-Equal" Items 6.7.3 Coordination
I 6 1
x I
Article or Paragraph
f Article or Paragraph
I
Number Number
CONTRACTOR's•responsibility 6 9 2 Determinations for Unit Prices 9.10
2 2
' Copies of Documents ....r Differing Subsurface or
I
Correction Period 13.12 Physical Conditions -
Correction,Removal or Acceptance of Notice of • 4/3
• Defective Work ENGINEER'S Review 41.4
I 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 11.45.9 Documents-
- Cash Discounts . . 11.4.2 Copies of 1,
, 11 CONTRACTOR'S Feer 11.6 Record 6.19
Employee Expenses 11.4.5.1 Reuse of 3.7
I 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 11.4.5.6 Emergencies -•6.23
I Materials and equipment
11 A.2 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
i " 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,- a ments,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-
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 1.1.4.2 Clarifications and Interpretations 3.6.3,9.4
Utilities,fuel and sanitary facilities 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-i7.5 Liability 6.32,9.12
r 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 171 2 OWNER'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
I defective Work- Recommendation of Payment 14.4, 14.13
Acceptance of .10.4.1, 13.13 Responsibilities-
4 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
I
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
I Prompt Notice of Defects 13.1 Status During Construction-
Rejecting 9 6 authorized variations in the Work 9.5
Uncovering the Work 13.8 Clarifications and Interpretations 9 4
Definitions 1 Decisions on Disputes 9.11-9.12
I
Delays 4.1 6 29,12.3-12.4 _ Determinations on Unit Price 9 10
Delivery of Bonds 1.1 ENGINEER as Initial Interpreter 9.11-9.12
I Delivery of certificates of insurance 2.7 ENGINEER's Responsibilities 9.1-9.12
7
I
Article or Paragraph Article or Paragraph
Number Number
Lir actions on ENGINEER'S Authority and deductible amounts. CONTRACTOR'S
Responsibilities 9.13 responsibility +a 5 9
OWNER's Representative 9.1 Final Application for Payment 14.12
Project Representative 93 Licensed Insurers 5.3
Rejecting Defective Work 9.6 Notice requirements. material
Shop Drawings,Change Orders and changes 5.8. 1050
Payments 9.7-9.9 Option to Replace 5.14 I
Visits to Site 9.2 other special insurances 5.10
Unit Price Determinations 9.10 OWNER as fiduciary for insureds 5.12-5.13
Visits to Site 9.7 OWNER'S Liability 5.5
Written consent required 7 2,9.1 OWNER'S Responsibility 8.5
Equipment,Labor,Materials and 6.3-6.5 Partial Utilization. Property Insurance 5 15 I
Cost of the Work 11.4.5.3 Property 5.6-5.10
Equipment Materialsater, 6.7 Receipt and Application of Insurance Proceeds ..5.12-5.13
' Equivalent and EquipmentSpecial Insurance 5.10
Errors or omissions 6.33
11
of Rights 5
Waiver .
Evidence of Financial Arrangements 8.11 Intent Contract Documents 3.1- 11
�, Explorations of physical conditions 4.2.1
3.4
Fee,CONTRACTOR'S-Costs•Plus 11.6 Interpretations and Clarifications 3.63,9.4
Investigations of physical conditions 4.2
Field Order- 1.19 Labor, Materials and Equipment 6.3.6.5
definitionn of ., and Easements 12.issued by ENGINEER 3.6.1, 9.5 Lands-
8.4
Final Application for Payment: 14 Availability of 4.1,8.4
Final Inspection 14.11 Reports&Tess. 8.4
F71
undPayment-
a Acceptance Laws and Regulations--Laws or Regulations-
and ..._ 14.13-14.14 Bonds 5.1-5.2
..i Prior to,for cash allowances . 11.8 10.4
173-17.4 Changes in the Work
General Provisions Contract Documents 3.1
•
General Requirements- CONTRACTOR's Responsibilities 6.14
defintion of 1 20 Correction Period.defective Work 13.12
-i 2.6 6.4,6.6-6.7,6.24 11.4.5.4
principal references to Cost of the Work.taxes ....:..
Giving Notice- 17.I definition of 1.22
F t Guarantee of Work-by general 6.14
a CONTRACTOR 6.30, 14.12 •Indemnification 6.31-6.33
Hazard Communication Programs 6.22 Insurance 53
Hazardous Waste- Precedence 3.1,3.3.3
definition of 1.21 Reference to 3.3.1
general 4.5 Safety and Protection 6.20, 13.2
OWNER's responsibility for 8.10 Subcontractors,Suppliers and Others 6.8-6.11
` ; Indemnification 6 12,6.16,6.31-6.33 Tests and Inspections. 13.5
Initially Acceptable Schedules 2.9 Use of Premises - 6.16
Inspection--
Visits to Site 9.2
[I.: Certificates of 9.13.4,.13.5, 14.12 Liability Insurance- 5 4
Final 14.11 CONTRACTOR's
5.5 OWNER'S
Special,required by ENGINEER 9.6 5.3
Tests and Approval 8.7, 13.3-13.4 Licensed Sureties and Insurers
Insurance- Liens- 14.2
., Acceptance of,by OWNER 5.14 Application for Progress Payment
Additional,required by changes
Contractor's Warranty of Title 14.3
14.12
1 in the Work. 11.4.5.9 Final Application for Payment 1 12
Before starting the Work ''.7 definition of
5 Waiver of Claims 14.15
Bondsand ovneral
Cancellation Provisions 5.8 Limitations on ENGINEER's authority and 9.13ties
Certificates of ..2.7,5,5.3,5.4.11,5.4.13,5.69.13.48,j .1 Limited Reliance by CONTRACTOR Authorized 4.2.2
L.;:
completed operations 5.4.13 Maintenance.and Operating Manuals- 14.12
CONTRACTOR'S Liability 5.4 Final Application for Payment
5.14 Manuals (of others}-
i_.
CONTRACTOR'S objection to coverage 5 4 10 Precedence 3.3.3.1
Contactual Liability
8
i
I
•
' Article or Paragraph Article or Paragraph
Number Number
`Reference to in Contract Documents 3.3.1 inspections,tests and approvals 8.7. 13.4
Liability Insurance a 5 5
Materials and equipment- 6 3 Notice of Defects 13.1
I
furnished by CONTRACTOR 14 2 Representative-During Construction,
not incorporated in Work 6 7 ENGINEER'S Status 9 1
Materials or equipment-equivalent 16 7 Responsibilities-
' :Mediation(Optional) 1 24 Asbestos, PCBs. Petroleum, Hazardous
Milestones-definition of Waste on Radioactive Material 8.10
Miscellaneous-Computation of Times 17 2 Change Orders 8.6I
'
Cumulative Remedies . 17.4 Changes in the Work 10.
17.1 communications 8.1
Giving Notice 17 3 CONTRAC OR•s responsibilities 8.9
Notice or Claim
Professional Fees and Court Costs Included 173 evidence of financial arrangements 811
' Multi-prime contracts 7 inspections, tests and approvals 88 7
Not Shown or Indicated 4.3 Insurance.,. 8 4
.5
Notice of lands and easements
t Acceptability of Project 14.13 prompt payment by 8 3
Award,definition of 1.25 replacement of ENGINEER 8.1
173 reports and tests 8.4
Claim 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. 19.3
Giving 17.1 separate representative at site
133 independent testing 13.4
Tests and Inspections 6 27 use or occupancy of the
} . Variation.Shop Drawing and Sample Work 5.15, 14.10
Notice to Proceed-
definition of 1.26 written consent or approval
23 required 9.1,63, 11.4
giving of
10.5 written notice ..
,Notification to Surety
Observations.'by ENGINEER • 630.9.2 required . 7.1.9.4,9.11. 11.2, 11.9. 14.7, 15.4
Occupancy of the Work
I 5.15,6.30 3.4. 14.10 PCBs- i �g
.Omissions or acts by CONTRACTOR 6.9, 9.13 definition of
...........5.6.2 S
'Open peril" policy form. Insurance ........• general 4 s ,e 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
' . 6.3 general 6.30:2.4, 14.10
Overtime Work;prohibition of Property Insurance ... 5.15
OWNER-I 13.13 Patent Fees and Royalties 6.12
Acceptance of defective Work 8 1 Payment Bonds 553
appoint an ENGINEER
as fiduciary 5.12-5.13 Payments, Recommendation of 14.4-14.7, 16.13
Availability of Lands,responsibility 4 1 Payments to CONTRACTOR and Completion-
' 1.27 Application for Progress Payments 14.2
definition of data,furnish 8 3 CONTRACTOR'S Warranty of Title _ 14.3
= :. May Correct Defective Work 13.14 Final Application for Payment 14.12I 14 11
May refuse to make payment 14.7
Final Inspection
May Stop the Work 13.10Final Payment and Acceptance 14.18 3, 14
14.14
may suspend work, general
8.8. 13:10. 15.1-15.4 Partial Utilization 14.10
111 terminate 14.2
Payment,make prompt 13.1 14.4, -15.4 Retainage
performance of other Work 7.1 Review of Applications for Progress
6 }3 Payments 14.414.7
permits and licenses,requirements 5 6-5.10 prompt payment 8.3
I purchased insurance requirements Schedule of Values 14.1
OWNER'S- 14:8-14.9
Acceptance of the Work 6 30.2.5 Substantial Completion -14.9
Waiver of Claims
14.15
14.4, 14.13
Change Orders,oblication to when payments due
I
execute 8.6. 10.4
Communications 8.1 withholding payment 14.7
7.4 Performance Bond's 5.1-5.2
Coordination of the Work 9 i i Permits 6.13
IDisputes. request for decision
9
I
Article or Paragraph Article or Paragraph
Number Number
• Petroleum- • Regulations, Laws and(or) 6.14
definition of .1.30 Rejecting Defective Work 9 6
general 4.5 Related Work- A
OWNER's responsibility for 8 10 at Site 7.1-73 II
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 41.4 Remedies, cumulative 17.4, 17.5
existing structures 4?2 Removal or Correction of
t general 4.2.1 2 Defective Work 13.11
Subsurface and, 4.1 rental agreements.OWNER approval
Underground Facilities 4.3 required 11.4.5.3
1 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. _ 42.1 Reports- •
ra Notice of Differing Subsurface or. 4 2.3 • and.Drawings 4.2.1
Subsurface.and _ 4.3 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 provision for 9.3
Underground Facilities- Resident Superintendent.CONTRACTOR's . 6.2
general 4 3 Responsibilities-
r.
Not Shown or Indicated 432 CONTRACTOR's-in general 6
. Protection of 4.3,.6 20 ENGINEER's-in general ,,,9
Shown or Indicated =.43.1 limitations on 9.13
:, _ Technical Data 4.2.2 OWNER's-in general 8
Preconstruction Conference •
2.8 Retainage 14.2
Preliminary Matters 2 Reuse of Documents 3 7
Preliminary Schedules 2.6 : Review by CONTRACTOR: Shop Drawings
L Premises.Use.of .... 6 16-6.18 and Samples Prior to Submittal 6.25
Price,Change of Contract ¢ _ 11 = Review of Applications for Progress
Price,Contract-definition of 1 11 Payments. .....;.................................... 14.4414.7
Progress Payment, Applications for _.... 14.2 Right to an adjustment .,.. 10.2
Progress payment-retainage. 14.1 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
III
-definition of 1.33 Samples-
prompt payment by OWNER $.3 definition of 1:34
Property Insurance general 6.24-6.28
Additional 5 7 Review by CONTRACTOR 6.2511 I 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
1' Punch list 14.11 'Schedule of Shop Drawing and Sample
Radioactive Material- Submittals 2.6.2.8-2.9, 6.24-6.28
i definition 132 Schedule of Values 2.6, 2.8.-2.9, 14.1
1_, general 4.5 Schedules-
OWNER's responsibility for 8.10 Adherence to 152.1
1. Recommendation of Payment 14.4. 14.5, 14.13 ° Adjusting. 6.6
1 Record Documents 6.19, 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
i 10 I
i
.
Article or Paragraph Article or Paragraph
x ' Number Number
x Shop Drawings- Substitute Items 6.7.1.2
_'' and Samples.general 6.24-6.28 Subsurface and Physical.Conditions-
' Change Orders& Applications for Drawings of. in or relating to 4.2.1.2
Payments,and 9.7-9.9 ENGINEER's Review 4 2.4
definition of 1.35 general 4 2
ENGINEER's approval of ...3.6.2 Limited Reliance by CONTRACTOR
' ENGINEER's responsibility Authorized 4.2.2
for review 9.7.6.24-6.28 Notice of Differing Subsurface or
related Work 6.28 Physical Conditions . 4 2.3
' review procedures 2.8.6.24-6.28 Physical Conditions .••.• 4.2.1.1
' submittal required 6.24.1 Possible Contract Documents Change ...4.2.5
Submittal Procedures 6.25 Possible Price and Times Adjustments 4 2.6
use to approve substitutions 6.7.3 Reports and Drawings . 4 2.1
I
Shown or Indicated 4.3.1 Subsurface and 4 2
Site Access 7.2, 13.2 Subsurface Conditions at the Site .._ 4.7-1.1
Site Cleanliness 6.17 Technical Data 4 2 2
Site,Visits to- Supervision-
x ' by ENGINEER 91, 13 2 V CONTRACTOR's responsibility 6.1
by others V 13.2 OWNER shall not supervise 8.9
"Special causes of loss"policy form. insurance V 5.6 2 ENGINEER shall not supervise ... 9.2,9.13.2
I Specifications- Superintendence 6 2
definition of 1.36 Superintendent, CONTRACTOR's resident 6.2
z of Technical Societies. reference to 3.3.1 Supplemental costs 11.4.5
precedence 3.3.3 . Supplementary Conditions-
I Standards and Specifications of Technical definition of 1 39
i .: Societies 3.3 principal reference to .... 1.10. 1.18.2?.2.7, 4.2.4.3,5.1,
. ,Starting Construction. Before 2.5-2.5 5.3.5.4,5.6-5.9, 5.11. 6.8.6.13. 7.4,8.11.9.3.9.10
I
Starting the Work:. ).4 Supplementing Contract Documents 3 6
Stop or Suspend Work-';. Supplier-
1 ; by CONTRACTOR 15.5 definition of . 1.40
by OWNER 8:8. 13.10, 15.1 principal.references to 3.7, 6 5,6.8-6.11.
Storage of materials and equipment 4.1,7 2 6.20.6.24.9.13. 14.12
Structural Loading.Safety 6.18 Waiver of Rights 6 1 I
t ;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
f 6.11 qualification of .5.1-5.3
waiver of rights ""
I
Subcontractors-in general 6.8-6.11 Survival of Obligations 6.34
Subcontracts-required provisions 5 11. 6.1 I, 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 V Taxes-Payment by CONTRACTOR 6 15
f 1 2.6, 14.1 Technical Data-
Schedule of Values
Schedule of Shop Drawings and Limited Reliance by CONTRACTOR 4 2.2
I
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
it Substantial Completion- Physical Conditions 4.2.3
certification of 6.30.2.3. 14.8-14.9 Temporary construction facilities 4.1
I 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
I .y 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" 6.7.I Terms and Adjectives 3 4
Substitute Construction Methods of Procedures 6.7.2 Tests and Inspections-
!' 1I
I
Article or Paragraph Article or Paragraph
Number Number
Acct .s to the Work. by others . 13.7_ Utilization..Partial 1 28.5.15.6.30.2.4, 14.10
CONTR.ACTOR's responsibilities 13.5 Value:of the Work _ 113
cost of . 13.4 Values.Schedule of 7.6,2.8-2.9, 14.1
covering Work prior to 13.6-13.7 Variations in Work-Minor
13.5 Authorized 625.6.27,9.5
Laws and Regulations(or) Visits of Site-byENGINEER 9.2
Noticeo
of Defects 13.1
OWNER May Stop Work 13.10 Waiver of Claims-on Final
independent testing 13.4 Payment 14.15
special.requiredby ENGINEER 9.6
OWNER Waiver of Rights by insured parties 5.11,6.11
timely notice required 13.4 Warranty and Guarantee.General-by
CONTRACTOR 6.30
Uncovering the Work.at ENGINEER'S Warranty of Title.CONTRACTOR's 14.3
requtst 13.8-13.9 Work-
Times- 6.6 Access to 13?
Adjusting by others, 7
a Change of Contract 12 Changes in the -••• 10
Adjusting .... 6.6
17.? Continuing the. 6.29
Computation of CONTRACTOR May Stop Work
Contract Times-definition of 1 17- or Terminate 15.5
day 17.72 Coordination of 7.4
Milestones 12
t Cost of the 11.4-11.5
Requirements- definition of 1.43
I , appeals 16 neglected by CONTRACTOR 13.14
clarifications, claims and other Work 7
disputes 9.11. 11.2, 13 OWNER May Stop Work 13.T0
Lcommen cement of contract times 7.3 OWNER May Suspend Work 13.10, 15.1
precortstruction conference '-& Related.Work at Site 7.1-73
..2.6,.2.9,6.6 2.4
schedules •• � 4 Starting the
f ? starting the Work � Stopping by CONTRACTOR 15.5
14.3 15.1-1 5.4
L„'.. . Title.Warranty of. Stopping by OWNER
Uncovering Work .._ 13.8-13.9 Variation and deviation authorized,
Underground Facilities, Physical Conditions- minor 3.6
L. : definition of 1.41 Work Change Directive-
Not Shown or.Indicated 43 claims pursuant to 10.2
pprotection of 4 3 6.20 definition of 1.44
Shown or Indicated 4.3.1 principal references to 3 5 3 10.1-10.2
[ Unit Price Work- Written Amendment
claims 11.9.3 definition of ._ 1.45
Ldefinition of 1.42 principal references to ... 1.10,3.5,5.10.5.12,6.6.2,6.8.2,
ge m 11.9, 14.1, 14.5 6.19. 10.1, 10.4, 112, 12.1, 13.12.2, 14.7.2
Unit Prices-
Written Clarifications and_ general 11.3.1 Interpretations 3 b 3 9 4,9.11
Determination for .9.10 Written Notice Required-
1..; Use of Premises 6.16, 6.18,6.30.7.4 by CONTRACTOR 7.1,9.10-9.11,10.4, 11.2, 12.1
Utility owners 6.13, 6.20,7.1-7.3, 13.2 by OWNER • 9 10-9.11, 10.4, 11.2, 13.14
U
1
.�
L .
t
i
1_
1.
GENERAL CONDITIONS ment.together with all Written Amendments.Change Orden.
I
Work Change Directives. Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
ARTICLE I—DEFINITIONS paragraphs 35..3.6.1.and 3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing sdbmittals approved pursu-
ant' to paragraphs 6.26 and 6.27 and the reports and drawings
Wherever used in these General Conditions or in the other referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Contract Documents the following terms have the meanings Documents.
I indicated which are applicable to both the singular and plural
thereof: - 1.11. Contract Price The moneys payable by OWNER to
CONTRACTOR for completion of the Work in accordance
1.1. Addenda—Written or graphic instruments issued prior with the Contract Documents as stated in the Agreement
to the opening of Bids which clarify, correct or change the (subject to the provisions of paragraph.11.9.1 in the case of
E Bidding Requirements or the Contract Documents. Unit Price Work).
I 1.2. Agreement The written contract between OWNER 1.12. Contract Times The numbers of days or the dates
and CONTRACTOR covering the Work to be performed;other , stated in the Agreement:(i)to achieve Substantial Completion,
Contract Documents are attached to.the Agreement and made and (ii) to complete the Work so that it is ready for final
a thereof as provided therein. 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
Iprogress 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. 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 meats,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).
s ,
1.6. Bidding Documents—The advertisement or invitation 1.15. Drawings The drawings which show the scope,
I to Bid,instructions to bidders,the Bid form,and the proposed extent and character of the Work to be furnished and per-
Contract Documents (including all Addenda issued prior to formed by CONTRACTOR and which have been prepared or
receipt of Bids). approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings are not Drawings as so defined.
'1.7. Bidding Requirements—The advertisement or invita-
A. I lion to Bid,instructions to bidders.and the Bid form. 1.16. Effective Date of the Agreement—The date indicated
ll ,
in the Agreement on which it becomes effective,but if no such
{ 1.8. Bonds—Performance and Payment bonds and other date is indicated it means the date on which the Agreement is
instruments of security. signed and delivered by the last of the two parties to sign and
deliver.
r.' 1.9. Change Order—A document recommended by ENGI-
NEER,which is signed by CONTRACTOR and OWNER and 1.17. ENGINEER—The person,firm or corporation named
L authorizes an addition,deletion or revision in the Work,or an as such in the Agreement.
I adjustment in the Contract Price or the Contract Times,issued
on or after the Effective Date of the Agreement. 1.18. ENGINEER'S Consultant—A person,firm or corpo
. ration having a contract with ENGINEER to furnish services
1.10. Contract Documents The Agreement, Addenda
as ENGINEER'S independent professional associate or con-
' (which pertain to the Contract Documents),.CONTRACTOR'S sultant with respect to the Project and who is identified as such
Bid (including documentation accompanying the Bid and any in the Supplementary Conditions.
post Bid documentation submitted prior to-the Notice of
Award) when attached as an exhibit. to the Agreement, the 1.19. Field Order—A'written order issued by ENGINEER
I
Notice to Proceed, the Bonds, these General Conditions, the which orders minor changes in the Work in accordance with
Supplementary Conditions, the Specifications and the Draw- paragraph 9.5 but which does not involve a change in the
ings as the same are more specifically identified in the Agree- Contract Price or the Contract Times.
t 13
I
1.20. General Requirements—Sections of Division l of the 1.33. Resident Project Representative- The authorized
Specifications. representative of ENGINEER who may be assigned to the site
or any part thereof.
1.2I. Hazardous Waste—The term Hazardous Waste shall zr a
have the meaning provided in Section 1004 of the Solid Waste 1.34. Samples—Physical examples of materials,equipment.
Disposal Act(42 USC Section 6903)as amended from time to or workmanship that are representative of some portion of the
time. Work and which establish the standards by which such portion
of the Work will be judged.
1.22. Laws and Regulations; Lass or Regulations—Any
and all applicable laws, rules, regulations, ordinances, codes 1.35. Shop Drawings—All drawings, diagrams, illustra-
and orders of any and all governmental bodies, agencies, dons, schedules and other data or information which are
authorities and courts having jurisdiction. specifically prepared or assembled by or for CONTRACTOR
and submitted by CONTRACTOR to illustrate some portion of
1.23. Lens—Liens, charges. security interests or encum-
the Work.
,-, brances upon real property or personal property.
1.36. Specifications Those portions of the Contract Doc-
.; 1.24. Milestone—A principal event specified in the Con- uments consisting of written technical descriptions of rnateri-
tract Documents relating town intermediate completion date or als,equipment,construction systems,standards and workman-
CA. time prior to Substantial Completion of all the Work. ship as applied to the.Work and certain administrative details
, applicable thereto.
is
1.25. Notice of Award—The written notice by OWNER to
the apparent successful bidder stating that upon compliance by 1.37. Subcontractor—An individual, firm or corporation
the apparent successful bidder with the conditions precedent having a direct contract with CONTRACTOR or with any
' enumerated therein, within the time specified, OWNER will otherSubcontractorfov the performance of a part of the Work
at the site.
sign and deliver the Agreement.
L
1.26. Nark?toProceed—A written notice given by OWNER 1.38. Substantial Completion—The Work (or a specified
part thereof)has progressed to the point where,in the opinion
to CONTRACTOR (with a copy to ENGINEER) fixing the of ENGINEER. as evidenced by ENGINEER'S definitive
�, date on which the Contract Times.will commence ao.run:and on
certificate of Substantial Completion, it is sufficiently corn-
. which CONTRACTOR shall start to perform CONTRAC- plete,in accordance with the Contract Documents,so that the
`.. TOR's obligations under the Contract-Documents Work(or specified part) can be utilized for the purposes for
which it is intended;or if no such certificate is issued,when the
1.27. OWNER—The public body or authority, corpora- Work is complete-and ready for final payment as evidenced by
▪ non,association, firm or person with whom CONTRACTOR ENGINEER's written recommendation of final payment in
his entered into the Agreement and for whom the Work is to be accordance with paragraph 14.13. The terms "substantially
provided. complete and "substantially completed" as applied to all or
part of the Work refer to Substantial Completion thereof.
1.28. Partial Utilization—Use by OWNER of a substan-
' daily completed part of the Work for the purpose for which it is 1.39. Supplementary Conditions The part of the Contract
intended(or a related purpose)prior to Substantial Completion Documents which amends or supplements these General Con-
a of the Work. ditions.
1.29. PCBs-Polychlorinated biphenyls. 1.40. Supplier A.manufacturer, fabricator, supplier, dis-
tributor, materialman or vendor having a direct contract with
.st1.30. Petroleum—Petroleum, including crude oil or any CONTRACTOR or with any Subcontractor to furnish materi-
fraction thereof which is liquid at standard conditions of als or equipment to be incorporated in the Work by CON-
L temperature and pressure (60 degrees Fahrenheit and 14.7 TRACTOR or any Subcontractor.
pounds per square inch absolute),such as oil,petroleum,fuel
oil,oil sludge,oil refuse,gasoline,kerosene,and oil mixed with 1.41. Underground Facilities—All pipelines,conduits,ducts,
other non-Hazardous Wastes and crude oils. cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments,and any encasements containing such
1.31. Project The total construction of which the Work to facilities which have been installed underground to furnish any
• be provided under the Contract Documents may be the whole, of the following services or materials:electricity,gases,steam,
or a part as indicated elsewhere in the Contract Documents. liquid petroleum products, telephone or-other communica-
t Lions,cable television,sewage and drainage removal,traffic or
1.32. Radioactive Material—Source.' special.:nuclear, or other control systems or water.
1 byproduct material as defined by the Atomic Energy Act of
i_ 1954(42 USC Section 2011 et seq.)as amended from time to 1.42. Unit Price Work—Work to be paid for on the basis of
time. unit prices.
1
i
14
1.;
l
1.43. Work—The entire completed construction or the var- Contract
Bids m nce to run r the thirtieth later
dayter the Effec than the sixtieth tive Daay te
' ions.separately identifiable parts thereof required: to be fur- day
nished under the Contract Documents. Work includes and is. of the Agreement,whichever date is earlier.
the result of performing or furnishing labor and furnishing and
incorporating materials and equipment into the construction, Starting the Work: A' A
' and performing or furnishing services ar.d furnishing docu-
menu,all as required by the Contract Documents. 2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run,but no Work
I
1.44. Work Change Directive—A written directive to CON- shall be done at the site prior to the date on which the Contract
TRACTOR, issued on or after the Effective Date of the Times commence to run.
r Agreement and signed by OWNER and recommended by
ENGINEER,ordering an addition,deletion or revision in the Before Starting Construction:
I
Work,or responding to differing or unforeseen physical condi-
4 j lions under which the Work is to be per
formed as provided in 2.5. Before undertaking each part of the Work, CON-
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23.A TRACTOR shall carefully study and compare the Contract
� Work Change Directive will not change the Contract Price or Documents and check and verify pertinent figures shown
r
;- the Contract Times,but is evidence that the parties expect that thereon and all applicable field measurements. CONTRAC-
Treport in writingto ENGINEER any
�: ' the change directed or documented by a Work Change Direr-.; TOR shall promptly.
five will be incorporated in a`subsequently issued Change - , conflict, error,:ambiguity or discrepancy which CONTRAC-
Order'following negotiations by the parties as to its effect, if TOR may discover and shall obtain a written interpretation or
any, on the Contract Price or Contract Times as provided in clarification from ENGINEER before proceeding with any
t • paragraph 10.2. Work affected thereby;however,CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
1.45. Written Amendment—A written amendment of the conflict, error,ambiguity or discrepancy in the Contract Doc-
`js :- Contract Documents,signed by OWNER and CONTRACTOR uments, unless CONTRACTOR knew or reasonably should
Ion or after the Effective Date of the Agreement and normally have known thereof.
dealing with the nonengineering or nontechnical rather than 2 6 Within ten days after the Effective Date of the Agrcc-
strictly construction-related aspects of the Contract Uocu- ment(unless otherwise specified in the General Requirements),
' rents. CONTRACTOR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indicating the
K times(numbers of days or dates)for starting and completing
''ARTICLE 2=PRELIMINARY MATTERS 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
111 Delivery of Bonds: times for submitting,reviewing and processing such submit-
2.1. When CONTRACTOR delivers the executed Agree-
tal;
merits to OWNER, CONTRACTOR shall also deliver to 2.6.3. a preliminary schedule of values for all of the
U OWNER such Bonds as CONTRACTOR may be required to Work which will include quantities and prices of items
_: furnish in accordance with paragraph 5.1. 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
Copies of Documents: include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.2. OWNER shall furnish to CONTRACTOR up to ten, il
copies(unless otherwise specified in the Supplementary Con- and WNER shall efore any ach at deliver esite
is the other, withCONTRACTOR
�.: ditions) of the Contract Documents as are reasonably neces-I
for the execution of the Work. Additional copies will be each lions acertificzte of insurance(and oche dditional insured identified in the evidence of insurance
pplementary Condi-
furnished,upon request,at the cost of reproduction.
which either of them or any additional insured may reasonably
s request)which CONTRACTOR and OWNER respectively are
` Commencement of Contract Tunes;Notice to Proceed required to purchase and maintain in accordance with para.
graphs 5.4, 5.6 and 5.7.
•
2.3. The Contract.Times will commence to run on the third-
eth day after the Effective Date of the Agreement,or,if a Notice preCOpucrion Conference:
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 daysWithin twenty 2.8. days after the Contract Times start to
after the Effective Date of the Agreement. In no event will the run, but before any Work at the site is started. a conference
I 15
I
attended by CONTRACTOR,.ENGINEER and others as ap- cations and interpretations of the Contract Documents shall be
propriate will be held to establish a working understanding issued by ENGINEER as provided in paragraph 9.4.
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 3.3.Reference to Standards and Sperifrcalons of Technical
Payment and maintaining required records. Societies;Reporting and Resolving Discrepancies:
3.3.1. Reference to standards.specifications,manuals or
codes of any technical society.organization or association,
Initially Acceptable Schedules:• or to the Laws or Regulations of any governmental authority.
whether such reference be specific or by implication. shall
2.9. Unless otherwise provided in the Contract Docu- mean the latest standard, specification. manual, code or
merits,at least ten days before submission of the first Applica- Laws or Regulations in effect at the time of opening of Bids
tion for Payment a conference attended by CONTRACTOR. (or.on the Effective Date of the Agreement if there were no
ENGINEER and others as appropriate will be held to review Bids).except as may be otherwise specifically stated in the
for acceptability to ENGINEER as provided below the sched- Contract Documents.
• ules submittal in accordance with paragraph 2.6.CONTRAC-
TOR shall have an additional ten days to make corrections and • 3.3.2. If. during the performance of the Work. CON-
I-• adjustments and to complete and resubmit the schedules. No TRACTOR discovers any conflict, error. ambiguity or dis-
progress payment shall be made to CONTRACTOR-until the orepancy within.the Contract Documents or between the
schedules are submitted to and acceptable to ENGINEER as Contract Documents and any provision of any such Law or
provided below.The progress schedule will be acceptable to Regulation applicable to the performance of the Work or of
ENGINEER as providing an orderly progression of the Work any such standard, specification, manual or code or of any
to completion within;any specified Milestones and the Contract instruction of any Supplier referred to in paragraph 6.5,
Times, but such acceptance will neither impose on ENGI- CONTRACTOR shall report it to ENGINEER in writing at
NEER responsibility for the sequencing.scheduling or progress once,and,.CONTRACTOR shall not proceed with the Work
of the Work nor interfere with or relieve CONTRACTOR from affected thereby(except in an emergency as authorized by •
CONTRACTOR's full responsibility therefor..CONTRACTOR'S paragraph 6.23) until an amendment or supplement to the
schedule of Shop Drawing and Sample submissions will be Contract Documents has been issued by one of the methods
e acceptable to ENGINEER as providing a workable arrange- indicated in paragraph 3.5 or 3.6; provided, however. that.
ment for reviewing and processing the required:submittals. CONTRACTOR shall not be liable to OWNER or ENGI-
CONTRACTOR'S schedule values will be acceptable to NEER.for failure to report any such conflict,error,ambigu-
Li ENGINEER.as to form and substance, ity or discrepancy unless CONTRACTOR knew or reason-
ably should have known thereof.
ti. 3.3.3. Except as otherwise specifically stated,.in the I
Contract Documents or as may.be provided by amendment
ARTICLE 3—CONTRACT DOCUMENTS: INTENT, or supplement thereto issued by one of the methods indi-
AMENDING, REUSE 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:
Intentt:14. I
3.3.3.1. the provisions of any such standard, speci-
3.1. The Contract Documents comprise the entire agree- fication, manual, code or instruction (whether or not
ment between OWNER and CONTRACTOR concerning the specifically incorporated by reference in the Contract
Work.The Contract Documents are complementary;what is Documents):or
= called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the 3.3.3.2. the provisions of any such Laws or Regu-
t I
law of the place of the Project. lations applicable to the performance of the Work
(unless such an interpretation.of the provisions of the
3.2. It is the intent of the Contract Documents to describe Contract Documents would result in violation of such
a functionally complete Project (or part thereof) to be con- Law or Regulation).
structed in accordance with the Contract.Documents. Any
Work,materials or equipment that may reasonably be inferred No provision of arty such standard,specification, manual,
from the Contract Documents or from prevailing custom or code or instruction shall be effective to change the duties and
t trade usage as being required to produce the intended result responsibilities of OWN ER.CONTRACTOR or ENGINEER,
' will be furnished and performed whether or not specifically or any of their subcontractors, consultants, agents, or em-
called for.When words or phrases which have a well-known ployees from those set forth in the Contract Documents.nor
technical or construction industry or trade meaning are used to shall it be effective to assign to OWNER. ENGINEER or
i describe Work,materials or equipment,such words or phrases any of ENGINEER's Consultants.agents or employees any
t _, shall be interpreted in accordance with that meaning. Clarifi- duty or authority to supervise or direct the furnishing or
16 II
{
4
performance of the Work or any duty or authority to under- of the Drawings.Specifications or other documents(or copies
' take responsibility inconsistent with the provisions of para- of any thereof)prepared by or bearing the seal of ENGINEER
graph 9.I3 or any other provision of the Contract Docu- or ENGINEER's Consultant. and (ii) shall not reuse any of
1 . :ments. such Drawings. Specifications.other documents or copies on
`-
3.4. Whenever in the Contract Documents the terms"as extensions of the Project or any"other project without written
consent of OWNER and ENGINEER and specific written
ordered." "as directed,- "as required.- "as allowed.- "as verification or adaption by ENGINEER.
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- ARTiCLE 4—AVAILABILITY OF LANDS;
1 meet of ENGINEER as to the Work.it is intended that such SUBSURFACE AND PHYSICAL
requirement, direction, review or judgment will be solely to CONDITIONS:REFERENCE POINTS
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
Availability of Lands:
`specific:statement indicating otherwise).The use of any such 4 1 OWNER shall furnish,as indicated in the Contract
term oradjective shall not be effective to assign to ENGI-
NEER;:any duty or authority to supervise or direct the Documents.the lands upon which the Work is to be performed.
k furnishing or performance of the Work or any duty or rights-of-way and easements for access thereto,and such other
authority to undertake responsibility contrary to the provi- lands which are designated for the use.of CONTRACTOR.
I sions of. paragraph 9.13 or any other provision of the Upon reasonable written request,OWNER shall furnish CON-
Contract Documents. 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
Amending and Supplementing Contract Documents: giving notice of or filing a mechanic's lien against such lands in
accordance with applicable Laws and Regulations. OWNER
3.5, The Contract Documents may be amended to provide shall identify any encumbrances or restrictions not of general
for additions,deletions and,rcvisions in the Work or to modify application but specifically related to use of lands so furnished
1 the terms and conditions thelof in one:ortnore of the following with which CONTRACTOR will have to comply in performing
a; ways: the Work._Easements for permanent structures or permanent
I- 3.5.1. a formal Written Amendment,
changes in existing facilities will_be obtained and paid for by
OWNER, unless otherwise provided in the Contract Docu-
Y ments.If CONTRACTOR and OWNER are unable to agree on
'; 3.5.2. a Change Order (pursuant to paragraph 10.4), or entitlement to or the amount or extent of any adjustments in the
' Contract Price or the Contract Times as a result of any delay in
3.5.3. a Work Change Directive(pursuant to OWNER's furnishing these lands,rights-of-way or easements,
• paragraph 10.1). CONTRACTOR may make a claim therefor as.provided in
Articles 11 and 12. CONTRACTOR shall provide for all
'' 3.6. In addition, the requirements of the Contract Docu- additional lands and access thereto that maybe required for
ya merits may be supplemented.and minor variations and devia- temporary construction facilities or storage of materials and
bons in the Work may'beauthorized. in one or more of the equipment.
following ways:
3.6.1. a Field Order(pursuant to paragraph 9.5), 4.2.Subsurface and Physical Conditions:
3.62. ENGINEER's approval of a Shop Drawing or 4.2.1. Reports and Dratw'ings: Reference is made to the
ice,
Sample(pursuant to paragraphs 6.26 and 6.27), or Supplementary Conditions for identification of:
I 3.6.3. ENGINEER's written interpretation or clarifica- 4.2.1.1. Subsurface Conditions:Those reports of explo-
lion(pursuant to paragraph 9.4). rations and tests of subsurface conditions at or contiguous to
the site that have been utilized by ENGINEER in preparing
the Contract Documents;and
Reuse of Documents
4.2.1.2. Physical Conditions:Those drawings of physical
3.7. CONTRACTOR, and any Subcontractor or Supplier conditions in or relating to existing surface or subsurface
' or other person or organization petformrng'or furnishing any of structures at or contiguous to the site(except Underground
the Work under a direct or indirect contract with OWNER(i) Facilities)that have been utilized by ENGINEER in prepar-
shall not have or acquire any title to or ownership rights in any ing the Contract Documents.
' 17
1
4.2 2. ''Limited Reliance b% CONTRACTOR Authorized: 4.23. Possible Contract Documents Change: if ENGI-.
Teclurical Data: CONTRACTOR may rely upon the general NEER concludes that a change in the Contract.Documents is
- accuracy of the"technical data;'contained in such reports and required as a result of a condition that meets one or more of the
11
•drawings. but such reports and drawings are not Contract categories in paragraph 4.2.3.. a Work Change Directive or a
Documents.Such ":technical data" is identified in the Supple- Change Order will be issued as provided in Article 10 to reflect
mentary Conditions. Except for such reliance on such"tech- and document the consequences of sucl'i change.
• nical data."CONTRACTOR may not rely upon or make any
claim against OWNER,ENGINEER or any of ENGINEER's 4.2.6. Possible Price and Times Adjustments:An equitable
Consultants with respect to: adjustment in the Contract Price or in the Contract Times,or •
both, will be allowed to the extent that the existence of such
4.21.1. the completeness of such reports and drawings uncovered or revealed condition causes an increase or de-
for CONTRACTOR's purposes, including, but not limited crease in CONTRACTOR's cost of. or time required for
to. any aspects of the means. methods, techniques, se- performance of,the Work;subject,however,to the following:
quences and procedures of construction to be employed by .
• CONTRACTOR and safety precautions and programs inci- 4.2.6.1. such condition must meet any one or more of the
dent thereto.or categories described in paragraphs 42.3.1 through 41.3.4,
inclusive;
4 2 2 other data, interpretations. opinions and infor- -
mation contained in such reports or shown or indicated in 4.2.6.2. a change in the Contract Documents pursuant to
such drawings,or
paragraph 4.2.5 will not be an automatic authorization of nor
i
a condition precedent to entitlement to any such adjustment;
•42.23. any CONTRACTOR interpretation of or conclu- 4.2.63. with respect to Work that is paid for on a Unit
drawn from any "technical data" or any such data, Price Basis,any adjustment in Contract Price will be subject
interpretations, opinions or information. to the provisions of paragraphs 9.10 and 11.9;and
t
l
• 4.2.3. Notice of Differing Subsurface or Physical Condi- 4.2.6.4. CONTRACTOR shall not be entitled to any
rt. tiwrs:. If CONTRACTOR believes that any subsurface or adjustment-in the Contract Price or Times if;
1,.; • physical condition at or contiguous to the site that is uncovered
i�+ or revealed either. 4.2:6.4.I. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a final
4.2.3.1.. is of. such a nature.as to establish that.any - commitment to OWNER in respect of Contract Price and
"technical :data" on which'CONTRACTOR is entitled to Contract Times by the submission of a bid or becoming
rely as provided in paragraphs 4.2.1 and 4 2.2 is materially bound under a negotiated.contract;or
inaccurate,or
+ 4.2.6.4.2. the existence of such condition could rea-
44.2..3.2. is of such a nature as to require a change in the sonably have been discovered or revealed-as a result of
Contract Documents,or any examination,investigation,exploration,test or study
of the site and contiguous areas required by the Bidding
4.2.33. differs materially from that shown or indicated in Requirements or Contract Documents to be conducted by
the Contract Documents,or or for CONTRACTOR prior to CONTRACTOR's making
such final commitment;or
4.2.3.4. is of an unusual nature, and differs materially
s from conditions ordinarily encountered and generally recog- 4.2.6.4.3. CONTRACTOR failed to give the written
nized as inherent in workofhe character provided for in the notice within the time and as required by paragraph 4.2.3.
.1 Contract Documents;then
If OWNER and CONTRACTOR.are unable to agree on
L
CONTRACTOR shall,promptly after becoming aware thereof entitlement to or as to the amount or length of any such
and`before further disturbing conditions affected thereby or equitable adjustment in the Contract Price or Contract Times,
• performing any Work.in connection therewith (except in an a claim may be made therefor as provided in Articles l l and 12.
emergency as permitted by paragraph 6.23), notify OWNER However,OWNER,ENGINEER and ENGINEER's Consult-
and ENGINEER in writing about such condition.CONTRAC- ants shall not be liable to CONTRACTOR for any claims.
TOR shall not further disturb such conditions or perform any costs,losses or damages sustained by CONTRACTOR on or in
Work in connection therewith (except as aforesaid) until re- connection with any other project or anticipated project.
ceipt of written order to do so.
1t 4.2.4. ENGINEER's Review: ENGINEER will promptly 43.Physical Conditions—Underground Facilities:
- • review the pertinent•conditions, determine the necessity of
OWNER's obtaining additional exploration or tests with re- 43.1. Shown or indicated.The information and data shown
i spect thereto and advise OWNER in.writing (with a copy to or indicated in'the Contract Documents with respect to existing
1 CONTRACTOR) of ENGINEER's findings and conclusions. Underground Facilities at or contiguous to the site is based on
t_.
18 I
L
information and data furnished to OWNER or ENGINEER by without the prior written approval of OWNER. CONTRAC-
the owners of such Underground Facilities or by others.Unless it TOR shall report to ENGINEER whenever any reference
isOtherwise expressly provided in the Supplementary Conditions: point is lost or destroyed or requires relocation because of
necessary changes in grades or locations.and shall be respon-
4.3.1.I. OWNER and ENGINEER shall not be respon- sible for the accurate replacement or-elocation of such refer-
' sole for the accuracy or completeness of any such informs- ence points by professionally qualified personnel.
don or data;and 4.5. Asbestos,PCBs,Petroleum,Hazardous Waste or Radio-
4.3.1.2. The cost of all of the following
will be included in active Material:
the Contract Price and CONTRACTOR shall have full respon- 4.5.1. OWNER shall be responsible for any Asbestos.
sbifity for:(7 reviewing and checking all such information and PCBs, Petroleum, Hazardous Waste or Radioactive Material
data,(ii)locating all Underground Facilities shown or indicated uncovered or revealed at the site which was not shown or
in the Contract Documents,(iii)coordination of the Work with indicated in Drawings or Specifications or identified in the
the owners of such Underground Facilities during construction, Contract Documents to be within the scope of the Work and
and (iv) the safety and protection of all such Underground which may present a substantial danger to persons or property
Facilities as.provided.in paragraph 6.20 and repairing any exposed thereto in connection with the Work at the site.
damage thereto resulting from the Work. OWNER shall not be responsible for any such materials
brought to the site 6y CONTRACTOR.Subcontractor,Suppli=
4.3.2. Not Shown or Indicated:If an Underground Facility ers or anyone else for whom CONTRACTOR is responsible.
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents, CON- 4.5.2. .CONTRACTOR shall immediately: (i) stop all
TRACTOR shall, promptly after becoming aware thereof and Work in connection with such hazardous condition and in
before further disturbing conditions affected thereby or per- any area affected thereby (except in an emergency as re-
forming any Work in connection therewith (except in an quired by paragraph 6.23), and (n) notify OWNER and
emergency as required by paragraph 6.23):identify the owner ENGINEER(and thereafter confirm such notice in writing).
of such Underground Facility and give written notice to that OWNER shall promptly consult.with ENGINEER concern-
owner and to OWNER and ENGINEER. ENGINEER will ing the necessity for OWNER to retain a qualified expert to
promptly review the Underground Facility and determine the evaluate such hazardous condition or take corrective action,
•-t extent, if any, to which a change is required in the Contract if any.CONTRACTOR shall not be required to resume Work
Documents to reflect and document the consequences of the in.'connection with such hazardous condition or in any such
j existence of the Underground Facility. If ENGINEER con .affected area until after OWNER has obtained any required
k
eludes that a change in the Contract Documents is required,a j'pemuu related thereto and delivered to CONTRACTOR
Work Change Directive or a Change Order will be issued as special written notice: (i)specifying that such condition and
'provided in Article 10 to reflect and document.such_cause- any affected area is or has been rendered safe for the
quences. During such time, CONTRACTOR shall be respon- resumption of Work,or(ii)specifying any special conditions
Csible for the safety and protection.of such Underground Facility
as provided in paragraph 6.20. CONTRACTOR shall be al- under which such Work may be resumed safely.If OWNER
and CONTRACTOR cannot agree as to. entitlement to or the
I lowed an increase in the Contract Price or an extension of the. amount or extent of an adjustment,if any.in Contract Price
Contract Times,or both,to the extent that they are attributable or Contract Times as a result of such Work stoppage or such
to the existence of any Underground Facility that was.not special conditions under which Work is agreed by CON-
' shown or indicated in the Contract Documents and that CON- TRACTOR to be resumed, either party may make a claim
' TRACTOR did not know of and could not reasonably have therefor as provided in Articles 11 and 12.
L 1 been expected to be aware of or to have anticipated. If
I OWNER and CONTRACTOR are unable•to agree on entitle- 4.5.3. If after receipt of such special written notice
ment to or the amount or length of any such adjustment in CONTRACTOR does not agree to resume such Work based
• Contract Price or Contract Times,CONTRACTOR may make on a reasonable belief it is unsafe, or does not agree to
y a claim therefor as provided in Articles 11 and 12. However,
OWNER, ENGINEER and ENGINEER'S Consultants shall resume such Work under such special conditions. then
I
OWNER may order such portion of the Work that is in.
not be liable to CONTRACTOR for any,claims,costs,losses or connection with such hazardous condition or in such af-
. damages incurred or sustained by CONTRACTOR on or in fected area to be deleted from the Work. If OWNER and
' connection with any other project or anticipated project. 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
Reference Points: Work, then either party may make a claim therefor as
I provided in Articles 11 and 12. OWNER may have such
4.4. OWNER shall provide engineering surveys to estab- deleted portion of the Work performed by OWNER's own
lish reference points for construction which in ENGINEER'S forces or others in accordance with Article 7.
judgment are necessary to enable CONTRACTOR to proceed 4.5.4. To the fullest extent permitted by Laws and Reg-
' with the Work.CONTRACTOR shall•be responsible for laying
out the Work, shall protect and preserve the established ulations,OWNER shall indemnify and hold harmless CON-
reference points and shall make no changes or relocations TRACTOR, Subcontractors. ENGINEER. ENGINEER'S
' 19
Consultants and the officers.directors,employees. agents. companies that are duly licensed or authorized in the juris-
other consultants and subcontractors of each and any of diction in which the Project is located to issue Bonds or
them from and against all claims,costs,losses and damages insurance policies for the limits and coverages so required.
arising out of or resulting from such hazardous condition. Such surety and insurance companies shall also meet such
provided that; (i) any such claim. cost,loss or damage is additional requirements and qualifications as may be pro-
attributable to bodily injury.sickness.disease or death,or to vided in the Supplementary Conditions.
injury to or destruction of tangible property(other than the
Work itself),including the loss of use resulting therefrom. 5.3.2. CONTRACTOR shall deliver to OWNER, with
and (ii) nothing in this subparagraph 4.5.4 shall obligate copies to each additional insured identified in the Supple-
OWNER to indemnify any person or entity from and against mentary Conditions. certificates of insurance (and other
the consequences of that person's or entity's own negli- evidence of insurance requested by OWNER or any other
genre.
additional insured) which CONTRACTOR is required to
purchase and maintain in accordance with paragraph 5.4.
; 4.5.5. The provisions of paragraphs 4.2 and 43 are not OWNER shall deliver to CONTRACTOR, with copies to
intended to apply to Asbestos.PCBs,Petroleum.Hazardous each additional insured identified in the Supplementary
Waste or Radioactive Material uncovered or revealed at the Conditions,certificates of insurance(and other evidence of
site. insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain.in accordance with paragraphs 5.6 and 5.7 hereof.
r.
j . ARTICLE 5--BONDS AND INSURANCE CONTRtCTOR's Liability Insurance:
5.4. CONTRACTOR shall purchase and maintain such i
i.
Performance,Payment and Other Bonds:
• 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
5.1. CONTRACTOR shall furnish Performance and Pay-
from CONTRACTOR s performance and furnishing of the
r
merit Bonds,.each in an amount at least equal to the Contract
Work and CONTRACTOR'S other-Obligations under the Con-
Price as security for the faithful performance and payment of
tractDocuments,-whether it.is to be performed or furnished by I
I all:CONTRACTOR'S obligations under°.the Contract-Docu= CONTRACTOR,any Subcontractor or Supplier,or by anyone
ments: These Bonds shall remain in effect:at least' until one directly or indirectly employed by any of them to perform or
year afterthe date when final payment becomes due.:except as. furnish any of the Work;or by anyone for whose acts any of
provided otherwise by Laws or Regulations or by the Contract them may be liable
*; Documents. CONTRACTOOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
rescrtbed by the Contract Docu- 5.4.1. claims under workers' compensation, disability
Bends shall be in the form p benefits and other similar employee benefit acts;
menu except as provided otherwise by Laws or Regulations..
and shall be executed by such sureties as are named in the 5.4.2. claims for damages because of bodily injury, oc-
`•` current list of—Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable cupational sickness or disease, or death of CONTRAC-
Reinsuring Companies"as published in Circular 570(amended) TOR's employees;
by the Audit Staff, Bureau`of Government Financial Opera- 5.4.3. claims for damages because of bodily injury,sick-
tions, U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's ness or disease, or death of any person other than CON-
authority to act. TRACTOR's employees:
5.4.4. claims for damages insured by customary personal
5.2. If the surety on any. Bond furnished by CONTRAC- injury liabilitycoverage which are sustained: (i) by arty
TOR is declared a bankrupt or becomes insolvent or its right to j ry mg
do business is terminated in any state where any part of the person as a result of an offense directly or indirectly related
Project is located or it ceases to meet the requirements of to the employment of such person by CONTRACTOR,or(ii)
# paragraph 5.1,CONTRACTOR shall within ten days thereafter by any other person for any other reason;
t acceptable to OWNER.
substitute another Bond and surety, both of which must be 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;
i 5.3.Licensed Sureties and Insurers;Certificates ofInsurance: and
5:3.1 All Bonds and insurance required by the Contract 5.4.6. claims for damages because of bodily injury or
Documents to be purchased and maintained by OWNER or death of any person or property damage arising out of the
CONTRACTOR shall be obtained from surety or insurance ownership.maintenance or use of any motor vehicle.
-10 1
I
F
The policies
I of insurance so required by this paragraph 5.4 to ance upon the Work at the site in the amount of the full
be purchased and maintained hall: replacement cost thereof(subject to such deductible amounts
as may be provided in the Supplementary Conditions or
- 5.4.7. with respect to insurance required by:paragraphs required by Laws and Regulations).This insurance shall:
I5.4.3 through 5.4.6 inclusive.include as additional insureds
(subject to any customary exclusion in respect of profes- 5.6.1. include the interests of OWNER, CONTRAC-
sional liability)OWNER.ENGINEER.ENGINEER'S Con- TOR, Subcontractors, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as Supplementary Conditions,each of whom is deemed to have
':,,additional insureds,and include coverage for the respective an insurable interest and shall be listed as an insured or
officers and employees of all such additional insureds: additional insured;
' 5.4.8. include the specific coverages and be written for ,
not less than the limits of liability provided in the Supple- 5.6.2. be written on a Builder's Risk "all-risk" or open
mentary Conditions or required by Laws or Regulations, peril or special causes of loss policy form that shall at least
I whichever is greater; include insurance for physical loss or damage to the Work,
temporary buildings,falsework and Work in transit and shall
5.4.9. include completed operations insurance; insure against at least the following perils fire, lightning,
extended coverage,theft,vandalism and malicious mischief,
5.4.10. include contractual liability insurance covering earthquake,collapse,debris removal,demolition occasioned
CONTRACTOR'S indemnity obiigations under paragraphs by enforcement of Laws and Regulations, water damage,
v:..6.12,6.16 and 631 through.b33: and such other perils as-may be specifically required by the
I 5.4.11. contain a provision or endorsement that the
Supplementary Conditions;
k coverage afforded will not be cancelled,materially changed 5.6.3. include expenses incurred in the repair or replace-
• or renewal refused until at least thirty days prior written meat of any insured property (including but not limited to
IInotice has been given OWNER and CONTRACTOR and fees and charges engineers and architects);
to each other additionall insured identified in the Supplemen-
insure
: tar),Conditions to whom a certificate of insurance has been
' `4 -issued (and the certificates of insurance furnished by the 5.6.4. covermaterialsand equipment stored at the site or
CONTRACTOR pursuant to:;paragraph 5.3.2-will so pro- at another location that was agreed to in writing by.OWNER
vide); prior to being incorporated in the Work,provided that such
- materials and-equipment have been included in an Applica-
5.4.12. remain in.effect at least until final:payment and at tion for Payment recommended by ENGINEER;and
III all times thereafter when CONTRACTOR may be correct-
mg, removing or replacing defective Work in accordance 5,6.5. be maintained in effect until final payment is made
3 ►',j with paragraph 13.12;and unless otherwise agreed to in writing by OWNER,.CON-
- TRACTOR and ENGINEER with thirty days written notice
rt 5.4.13. with respect to completed operations insurance, to each other additional insured to whom a certificate of
and any insurance coverage written on a claims made basis,
insurance has been issued.
i remain in effect for at least two years after final payment
I (and CONTRACTOR shall furnish OWNER.and each other 5 7 OWNER shall purchase and maintain such boiler and
additional insured identified in.the Supplementary Condi-
; [ tions to whom a certificate of insurance has been issued machinery insurance or additional property insurance as may
-I berequired bythe Supplementary Conditions or Laws and
evidence satisfaciory,to OWNER and any such additional pPl ry
,' insured of continuation of such insurance at final payment Regulations which will include the interests of OWNER,
and one year thereafter). CONTRACTOR,Subcontractors,ENGINEER,ENGINEER'S
1 Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
s� OWNER's Liability Insurance. an insurable interest and shall be listed as an insured or
P additional insured.
I. J 53. In addition to the insurance required to be provided by
I
CONTRACTOR under paragraph 5.4,OWNER,at OWNER's 5.8. All the policies of insurance (and the certificates or
option, may purchase.and maintain at OWNER's expense other evidence thereof) required to be purchased and main
-
OWNER's own liability insurance as will protect OWNER Wined by OWNER in accordance with paragraphs 5.6 and 5.7
I against claims which may arise from operations under the will contain a provision or endorsement that the coverage
Contract Documents. afforded will not be cancelled or materially changed or renewal
refused until.at least thirty days' prior written notice has been
{ Property Insurance:' given to OWNER and CONTRACTOR and to each other
additional insured to whom a certificate of insurance has been
5.6. Unless otherwise provided in the Supplementary Con- issued and will contain waiver provisions in accordance with
ditions, OWNER shall purchase and maintain property insur- paragraph 5.11.
1 21
I
5.9. OWNER shall not be responsible for purchasing and 5.11 2.2. loss or damage to the completed Project or
maintaining any property insurance to protect the interests of part thereof caused by.arising out of or resulting from fire
CONTRACTOR. Subcontractors or others in the Work to the or other insured peril covered'by any property insurance
maintained on the completed Project or part thereof by
extent of any deductible amounts that are identified in. the OWNER during partial utilization pursuant to paragraph
Supplementary Conditions.The risk of loss within such iden- 14a0,after substantial completion pursuant to paragraph
tified"deductible amount; will be borne by CONTRACTOR, 14.S or after final payment pursuant to paragraph 14.13.
Subcontractor or others suffering any such loss and if any of Any insurance policy maintained by OWNER covering any
them wishes property insurance coverage within the limits of loss,damage or consequential loss referred to in this paragraph
such amounts, each may purchase and maintain it at the 5.11.2 shall contain provisions to the effect that in the event of
purchaser's own expense. payment of any such loss, damage or consequential loss the
insurers will have no rights of recovery against any of CON-
5.10. If CONTRACTOR requests in writing that other TRACTOR.Subcontractors,ENGINEER,ENGINEER'sCon-
special insurance be included in the property.insurance policies sultants and the officers, directors, employees and agents of
t provided under paragraphs 5.6 or 5.7,OWNER shall,if possi- any of them.
ble, include such insurance, and the cost thereof will be
I'.. charged to CONTRACTOR by.'appropriate Change Order or Receipt and Application of Insurance Proceeds
Written Amendment. Prior to commencement of the Work at 5 12 Any insured loss under the policies of insurance
i the site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by required by paragraphs 5.6 and 5.7 will be. adjusted with
OWNER. OWNER and made payable to OWNER as fiduciary for the
insureds,as their interests may appear,subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money'so
5.11. Waiver of Rights: OWNER
and shall distribute it in accordance with such agree-
S.I l.l. OWNER and CONTRACTOR intend that all meet as the parties in interest may reach. If no other special
5.6 and agreement'is reached the damaged Work shall be repaired or
policies purchased in accordance with paragraphsreplaced,the moneys so received applied on account thereof
t 5.7 will protect OWNER,CONTRACTOR,Subcbc ontractors,
• and the Work and the cost thereof covered by an_ appropriate
a ENGINEER. ENGINEER'S Consultants and all other per-
Change Order or Written Amendment.
sons or entities identified in the Supplementary Conditions to
-,. be listed as insureds or additional insuredsin.such policies : 5 13.. OWNER as fiduciary shall have power to adjust and
and will provide primary coverage for all losses and damages settle any loss with the insurers unless one of the parties in
caused by the perils covered thereby-All such policies shall interest shalL object in writing within fifteen days after the
contain provisions to the effect that in the event of payment occurrence of loss to OWNER's exercise of this power.If such
f of any loss or damage the insurers will have no rights of objection be made,OWNER as fiduciary shall make settlement111
recovery against any of the insureds or additional insureds with the insurers in accordance with such agreement as the
thereunder. OWNER and CONTRACTOR waive all rights parties in interest may reach. If no such agreement among the
against each other and their respective officers, directors, parties in interest is reached,OWNER as fiduciary shall adjust
employees and agents for all losses and damages caused by, and settle the loss with the insurers and,if required in writing
arising out of or resulting from any of the perils covered by by any party in interest.OWNER as fiduciary shall give bond
such policies and any other property insurance applicable to for the proper performance of such duties.
the Work; and, in addition, waive all such rights against Acceptance o Bonds and Insurance;Opdan to Replace:
Subcontractors, ENGINEER, ENGINEER'S Consultants p f
and all other persons or entities identified in the Supplemen- 5.14. If either party(OWNER or CONTRACTOR)has any
tary Conditions to be listed asnsureds or additional insureds objection to the coverage afforded by or other provisions of the
under such policies for losses and damages so caused.None Bonds or insurance required to be purchased and maintained
4 of the above waivers shall extend to the rights,that any party by the other party in accordance with Article 5 on the basis of
making such waiver may have to the proceeds'of insurance non-conformance with the Contract Documents,the objecting
1„.., held by OWNER as trustee or otherwise payable under any party shall so notify the other party in writing within ten days
policy so issued. after receipt of the certificates (or other evidence requested)
required by paragraph 2.7.OWNER and CONTRACTOR shall
5.11.2. In addition, OWNER waives all rights against each provide to the other such additional information in respect
CONTRACTOR, Subcontractors, ENGINEER.
ENGI- of insurance provided as the other may reasonably request. If
NEER's Consultants and the officers,directors, employees either party does not purchase or maintain all of the Bonds and
and agents of any of them,for. insurance required of such party by the Contract Documents,
I such party shall notify the other party in writing of such.failure
I., 5.11.2.1. loss due to business interruption,loss of use to purchase prior to the start of the Work,or of such failure to
or other consequential loss extending beyond direct phys- maintain prior to any change in the required coverage.Without
1 ical loss or damage to OWNER's property or the Work prejudice to any other right or remedy, the other party may
caused by, arising out of or resulting from fire or other elect to obtain equivalent Bonds or insurance to protect such
' peril, whether or not insured by OWNER; and other party's interests at the expense of the party who was
t 22 . . . 1
i
t
I
I to provide such coverage,and a Change Order shall CONTRACTOR will not permit overtime work or the perfor-
be issued to adjust the Contract Price accordingly. mane*of Work on Saturday. Sunday or any legal holiday
without OWNER's written consent given after prior written
notice to ENGINEER.
I Partial Utilization--Property Insurance: h
6.4. Unless otherwise specified in the General Require-
5.15. If OWNER finds it necessary to occupy or use a ments, CONTRACTOR shall furnish and assume full respon-
portion or portions of the Work prior to Substantial Completion sibility for all materials,equipment,labor,transportation,con-
' of all the Work,such use or occupancy may be accomplished in struction equipment and machinery. tools, appliances, fuel,
accordance with paragraph 14.10;provided that no such use or power,light,heat,telephone,water,sanitary facilities,tempo-
occupancy shall commence before the insurers providing the rary facilities and all other facilities and incidentals necessary
' property insurance have acknowledged notice thereof and in for the furnishing,performance,testing, start-up and comple-
3 writing effected any changes in coverage necessitated thereby. tion of the Work.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property insur- 6.5. All materials and equipment shall be of good quality
ance shall not be cancelled or permitted to lapse on account of and new,except as otherwise provided in the Contract Docu-
{ any such partial use or occupancy. merits.All warranties and guarantees specifically called for by
1 jthe Specifications shall expressly run to the benefit of OWNER.
'
7 V F
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. Alt materials
and equipment shall be applied,installed,connected,erected,
' used,cleaned and conditioned in accordance with instructions
of the applicable Supplier,except as otherwise provided in the
Contract Documents.
' Supervision and Superintendence:
a ' 6.1. CONTRACTOR shall supervise,inspect and direct the Progress Schedule:
' ;Work competently.and:efficiently, devoting such attention
thereto and applying such skills and expertise as may be 6.6. CONTRACTOR shall adhere to the progress schedule
' necessary to perform, the Work inaccordance with the;Con- ; established. in accordance with paragraph 2.9 as it may be
i:.r tract Documents. CONTRACTOR:sfiatt be'solcty responsible � . adjusted from timc to time as provided below:
for the means,methods,techniques;:sequences and procedures j
of construction,but CONTRACTOR shall not be,responsible
;for the negligence of others in the design or specification of a 6.6.1. CONTRACTOR shall submit to ENGINEER for.
I
' Zspecific.means, method,technique, sequence or procedure of acceptance (to the extent indicated in paragraph 2.9) pro-
'construction which is shown or indicated..in :and expressly required by the Contract Documents.CONTRACTORposed adjustments in the progress schedule that will not
` shall be change the Contract Times (or Milestones). Such adjust-
responsible to see that the completed Work complies accu- ments will conform generally to the progress schedule then
•
• rately with the Contract Documents. in effect and additionally will comply with any provisions of
Ithe General Requirements applicable thereto..
• 6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who 6.6.2. Proposed adjustments in the progress schedule
I
shall not be replaced without written notice to OWNER and that will change the Contract Times(or Milestones)shall be
, ENGINEER except under extraordinary circumstances. The submitted in accordance with the requirements of paragraph
superintendent will be CONTRACTOR'S representative at the 12.1. Such adjustments may only be made by a Change
site and shall have authority to act on behalf of CONTRAC-
' TOR. All communications to the superintendent shall be as Order or Written Amendment in accordance with Article 12
binding as if given to CONTRACTOR.
6.7. Substitutes and"Or-Equal"Items:
F' Labor,Materials and Equipment: 6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
I 6.3. CONTRAL TOR shall provide competent,suitably qual-
ified personnel to survey,lay out and construct the Work as the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
required by the Contract Documents.CONTRACTOR shall at establish the type,function and quality required. Unless the
all times maintain good discipline and order at the site.Except specification or description contains or is followed by words
as otherwise required for the safety or protection of persons or reading that no like, equivalent or "or-equal" item or no
the Work or property at the site or adjacent thereto,and except substitution is permitted, other items of material or equip-
as otherwise indicated in the Contract Documents,all Work at ment or material or equipment of other Suppliers may be
the site shall be performed during regular working hours and accepted by ENGINEER under the following circumstances:
I
23
a
I
6.7.1.1. "Or-Equal.':If in ENGINEER's sole discre- construction is shown or indicated in and expressly required by
tion an item of material or equipment proposed.by CON- the Contract Documents, CONTRACTOR may furnish .or
TRACTOR is functionally equal to that named and suffi- utilize a substitute means. method, technique, sequence or
ciently similar so that no change in related Work_will be procedure of construction acceptable to ENGINEER. CON-
required. it may be considered by ENGINEER as an TRACTOR shall submit sufficient information to allow ENGI-
"or-equal"item,in which case review and approval of the NEER,in ENGINEER's sole discretion,to determine that the
proposed item may, in ENGINEER's sole discretion, be substitute proposed is equivalent to that expressly called for by
accomplished without compliance with some or all of the the Contract Documents.The procedure for review by ENGI-
requirements for acceptance of proposed substitute items. NEER will be similar to that provided in subparagraph 6.7.1.2.
6.7.1.2. Substitute Rents: If in ENGINEER's sole 6.7.3. Engineer's Evaluation:ENGINEER will be allowed
discretion an item of material or equipment proposed by a reasonable time within which to evaluate each proposal or
CONTRACTOR does not qualify as an "or-equal" item submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2.
under subparagraph 6.7.1.1. it will be considered a pro- ENGINEER will be the sole judge of acceptability. No "or-
posed substitute item.CONTRACTOR shall submit suffi- equal" or substitute will be ordered, installed or utilized
dent information as provided below to allow ENGINEER without ENGINEER'S prior written acceptance which will be I
to determine that the item of material or equipment evidenced by either a Change Order or an approved Shop
proposed is essentially equivalent to that named and an Drawing. OWNER may require CONTRACTOR to furnish at
acceptable substitute therefor.The`procedure for review CONTRACTOR'S expense a special performance guarantee or
'' by the ENGINEER will include the following as supple- other surety with respect to any "or-equal" or substitute. I
�' mented in the General Requirements and as ENGINEER ENGINEER will record time required by ENGINEER and
may decide is appropriate under the circumstances. Re- ENGINEER'S Consultants in evaluating substitutes proposed
quests for review of proposed substitute items of material or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2
or equipment will not be accepted by ENGINEER from and 6.7.2 and in inking changes in the Contract Documents(or
anyone other than CONTRACTOR. If CONTRACTOR in the provisions of any other direct contract with OWNER for
wishes to furnish or use a substitute item of material or work on the. Project)`.occasioned thereby. Whether or not
equipment.CONTRACTOR shall first make written appli- ENGINEER accepts a substitute item so proposed or submit- I
cation-to ENGINEER for acceptance thereof,.certifying ted by CONTRACTOR, CONTRACTOR shall reimburse
that the proposed substitute will perform adequately the OWNER for the charges of ENGINEER and ENGINEER's
• functions and achieve the results called for by the.general Consultants for evaluating each such proposed substitute item. I
design, be similar in substance to that specified and.be
suited to the same use as that specified.The application
w will state the extent,if any. to which the evaluation.and Concerning Subcontractors,Suppliers and Others:
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on 6.8.1. CONTRACTOR shall not employ any Subcon
--, time.whether or not acceptance of the substitute for use in tractor Supplier or other person or organization (including
the Work wilt require a change in any of the Contract those acceptable to OWNER and ENGINEER as indicated
Documents (or in the provisions of any other direct in paragraph 6.8.2), whether initially or as a substitute,
contract with OWNER for work on the Project)to adapt against whom OWNER or ENGINEER may have reason-
the design to the proposed substitute and whether or not able objection. CONTRACTOR shall not be required to
incorporation or use of the substitute in connection with employ any Subcontractor, Supplier or other person or
the Work is subject to payment of any license fee or organization to furnish or perform any of the Work against
Li royalty.All variations of the proposed substitute from that whom CONTRACTOR has reasonable objection.
specified will be identified in the application and available
n maintenance,repair and replacement service will be indi- 6.8.2 If the Supplementary.Conditions require the idcn-
cated:The application will also contain an itemized esti- tity of certain Subcontractors,Suppliers or other persons or
,...: mate of all costs or credits that will result directly or organizations(including those who are to furnish the princi-
indirectly from acceptance of such substitute, including pal items of materials or equipment) to be submitted to
' costs of redesign and claims of other contractors affected OWNER in advance of the specified date prior to the
( by the resulting change,all of which will be considered by Effective Date of the Agreement for acceptance by OWNER
ENGINEER in evaluating the proposed substitute. EN- and ENGINEER, and if CONTRACTOR has submitted a
GINEER may require CONTRACTOR to furnish addi- list thereof in accordance with the Supplementary Condi-
' tional data about the proposed substitute. tions, OWNER's or ENGINEER's acceptance (either in
1.:. writing or by failing to make written objection thereto by the
6.7.1.3. CONTRACTOR's Expense: All data to be date indicated for acceptance or objection in the bidding
1 • provided by CONTRACTOR in support of any proposed documents or the Contract Documents)of any such Subcon-
"or-equal"or substitute item will be at CONTRACTOR'S tractor,Supplier or other person or organization so identified
expense. may be revoked on the basis of reasonable objection after
due investigation, in which case CONTRACTOR shall sub-
6.7.2. Substitute Construction Methods or Procedures:If a mit an acceptable substitute, the Contract Price will be
t specific means, method. technique, sequence or procedure of adjusted by the difference in the cost occasioned by such
L
14 I
1
substitution and an appropriate Change Order will be issued of the Work or the incorporation in the Work of any invention.
or Written Amendment.signed.Nd acceptance by OWNER design, process. product or device which is the subject of
A ' or ENGINEER of any'such Subcontractor.Supplier or other patent rights or copyrights held by others. If a particular
person or organization shall constitute a waiver of any right invention.design,process.product or device is specified in the
of OWNER or ENGINEER to reject'defective Work. Contract Documents for use in thesperformance of the Work
i
and if to the actual knowledge of OWNER or ENGINEER its
{ 6.9.1. CONTRACTOR shall be fully responsible to use is subject to patent rights or copyrights calling for the
OWNER and ENGINEER for all acts and omissions of the payment of any license fee or royalty to others.the existence of
Subcontractors. Suppliers and other persons and organize- such rights shall be disclosed by OWNER in the Contract
' tions performing or furnishing any of the Work under a direct Documents. To the fullest extent permitted by Laws and
or indirect contract with CONTRACTOR just as CON- Regulations.CONTRACTOR shall indemnify and hold harm-
TRACTOR is responsible for CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents shall less OWNER, ENGINEER. ENGINEER'S Consultants andthe officers,directors,employees,agents and other consultants
create for the benefit of any such Subcontractor,Supplier or of each and any of them from and against all claims, costs,
other person or organization any contractual relationship losses.and damages arising out of or resulting from any
I between OWNER or ENGINEER and any such Subcon-
tractor. infringement of patent rights or copyrights incident.to the use in
m Supplier or other person or organization,nor shall it the performance of the Work or resulting from the incorpora-
create any obligation on the part of OWNER or ENGI- tion in the Work of any invention,design,process,product or
r - NEER to pay or to see to the payment of any moneys due device not specified in the Contract Documents.
any such Subcontractor,Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations. Permits:
I
6.9.2 CONTRACTOR shall be solely responsible for 6.13. Unless otherwise provided in the. Supplementary
scheduling and coordinating the Work of Subcontractors, Conditions, CONTRACTOR shall obtain and pay for all con-
Suppliers and other persons and organizations performing or struction permits and licenses. OWNER shall assist CON
furnishing any of the Work under a direct or indirect contract TRACTOR,.when necessary, in obtaining such permits and
;.with:CONTRACTOR.CONTRACTOR shall require all Sub- licenses CONTRACTOR shall pay all governmental charges
1 contractors.Suppliers and such other persons.and organize- and inspection fees necessary for the prosecution of the Work,
tions performing or furnishing any of the Work to.communi-
which are applicable at the time of opening of Bids,or,if there
,' sate with the ENGINEER:through CONTRACTOR - are..no:Bids; on the Effective Date of the Agreement. CON-
ecificatiops and TRACTOR shall pay all.charges of utility owners for connec-
6.10. The divisions and sections of the.Sp tronsao the Work, and OWNER shall pay all charges of such
the identifications of_any Drawings.shall not control:CON- Arty owners for capital costs related thereto such as plant
TRACTOR:in dividing. the. Work among Subcontractors or investment fees.
;,- Suppliers or delineating the Work to be performed by any
d ' ' specific trade. _.
Laws and Regulations:
6.11. All Work performed for CONTRACTOR by a Sub-
contractor or Supplier will he pursuant to an appropriate 6.14.1. CONTRACTOR shall give all notices and comply
agreement between CONTRACTOR and the Subcontractor or with all Laws and Regulations applicable to furnishing and
Supplier which specifically binds the Subcontractor or Supplier performance of the Work.Except where otherwise expressly
. to the applicable terms and conditions of the Contract Docu- required by applicable Laws and Regulations.neitherOWNER
rnents for the benefit of OWNER and ENGINEER.Whenever nor ENGINEER shall be responsible for monitoring CON-
any such agreement is with a Subcontractor or Supplier who is TRACTOR'S compliance with any Laws or Regulations.
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7, the agreement between the 6.14.2. If CONTRACTOR performs any Work knowing
CONTRACTOR and the Subcontractor or Supplier will con- or having reason to know that it is contrary to Laws or
fain provisions whereby the Subcontractor or Supplier waives Regulations, CONTRACTOR shall bear all claims, costs.
I all rights against OWNER, CONTRACTOR, ENGINEER,. losses and damages caused.by, arising out of or resulting
} ENGINEER'S Consultants and all other additional insureds for therefrom; however, it shall not be CONTRAC TOR's pri-
all losses and damages caused by, arising out of or resulting mary responsibility to make certain that the'Specifications
' from any of the perils covered by such policies and any other and Drawings are in accordance with Laws and Regulations,
property insurance applicable to the Work. If the insurers on but this shall not relieve CONTRACTOR of CONTRAC
any such policies require separate waiver forms to be signed by TOR's obligations under paragraph 3.3.2.
any Subcontractor or Supplier,CONTRACTOR will obtain the
same.
Taxes:
a' Patent Fees and Royalties: 6 •
.15. CONTRAC.1 UR shall pay all sales,consumer,use
6.12. CONTRACTOR shall pay all license fees and royal- . and other similar taxes required to be paid by CONTRACTOR
ties and assume all costs incident to the use in the performance in accordance with the Laws and Regulations of the place of
25
I
the Project which are applicable during the performance'of the nes Work,these
delivered recordt ENGINEES�fo_pOWNERles and hop Draw-
Work.
Use of Premises:
Safety and Protection:
•
6.16. CONTRACTOR shall confine construction equip- 6.20. CONTRACTOR shall be responsible for initiating,
and supervising all safety precautions and meet, the storage of materials and equipment and the opera- maintainingin connection with the Work.CONTRACTOR shall take
pro-
dons of workers to the site and land and areas identified in and grams
permitted by the Contract Documents and other land and areas all necessary precautions for the safety of. and shall provide
permitted by Laws and Regulations,rights-of-way,permits and the necessary protection to prevent damage.injury or loss to:
easements,and shall not unreasonably encumber the premises
. ' with construction equipment or other materials or equipment. 6.20.1. all persons on the Work site or who may be
' CONTRACTOR shall assume full responsibility for any dam- affected by the Work;
t' age to any such land or area, or to the owner or occupant
thereof or of any adjacent land or areas, resulting from the 6.20.2. all the Work and materials and equipment to be
performance of the Work. Should any claim be made by any . incorporated therein, whether in storage on or off the site;
..- such owner or occupant
because of the performance of the and
Work, CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra- 6.20.3. other property at the site. or adjacent thereto,
tion or other_dispute resolution.proceeding or at law. CON- including trees,shrubs,lawns,walks,pavements,roadways,
TRACTOR shall,to the fullest extent permitted by Laws and structures, utilities and Underground Faciiities not desig-
Regulations, indemnify and hold harmless OWNER. ENGI- hated for removal,relocation or replacement in the course of
NEER, ENGINEER'S Consultant and anyone directly or construction.
I. . indirectly employed by any of them from and against all claims,
costs,losses and damages arising out of or resulting from any CONTRACTOR shall comply with all applicable Laws and
claim or action,legal or equitable._brought by any such owner Regulations of any public body having jurisdiction-for safety of
or occupant against OWNER,ENGINEER or any otherart party persons or property.or Co protect them from damage,injury or
indemnified hereunder to the extent caused by or based upon loss;and shali.erect and mamtam all necessary safeguards for
CONTRACTOR's performance of the Work: such safety and protection. CONTRACTOR shall notify own-
,
t . ers of adjacent property and of Underground Facilities and
-6.17: During:the progress of;the Work,:CONTRACTOR utility owners when prosecution of the Work may affect them,
shall keep:the.premises:-.free front.accumulations of,waste and shall :cooperate.with.them..in:the protection, removal,.
materials;rubbish and other debris:resulting from:the Work.At. relocation .and,replacement of:their property..All.damage,
I the completion of. the Work CONTRACTOR shall remove all injury or loss to any property referred to in paragraph 6.20.2 or
waste1. materials,rubbish.and debris from and about the pre- 6.20.3 caused, directly or indirectly,an whole or.in part,-by
mises as well as all.tools,:appliances,construction,equipment. CONTRACTOR, any Subcontractor, Supplier'or any other
and machinery and surplus materials. CONTRACTOR shall . person or organization directly or indirectly employed by any.
leave the site clean and ready for occupancy by OWNER at of them to perform or furnish any of the Work or anyone for.
' Substantial Completion.letion.of the Work. CONTRACTOR shall whose acts any of them may be liable, shall.be remedied by
p restore to original condition all property not designated for. CONTRACTOR (except damage or loss attributable to the
alteration by the Contract Documents. fault of Drawings or Specifications or to the acts or omissions
of OWNER or ENGINEER or ENGINEER'S Consultant or
6.18. CONTRACTOR shall not load nor permit any part of anyone employed by any of them or anyone for whose acts any
:
anystructure to be loaded in any manner that will endanger the of them may be liable, and not attributable, directly or indi
structure, nor shall CONTRACTOR subject any_ part of the rectly, in whole or in part, to the fault or negligence of
Work or adjacent property to stresses or pressures that will CONTRACTOR or any Subcontractor, Supplier or other per-
endanger it. 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
Record Documents: to OWNER and CONTRACTOR in accordance-with Para-
f 6.19. CONTRACTOR shall maintain in a safe place at the graph 14.13 that the Work is acceptable (except as otherwise
1 . site one record copy of all Drawings,Specifications,Addenda, expressly provided in connection with Substantial Comple-
Written Amendments, Change Orders, Work Change Direc- tion).
F fives, Feld Orders and written interpretations and clarifica-
t
i tions (issued pursuant to paragraph 9.4) in good order and Sae Representative:
,.
• annotated to show all changes made during construction. Safety p
These record documents together with all approved Samples
i and a counterpart of all approved Shop Drawings will be 6.21. CONTRAL tOR shall designate a qualified and expe-
available to ENGINEER for reference. Upon completion of rienced safety representative at the site whose duties and
l 76 I
- responsibilities shall be the prevention of accidents and the 6.25.1.1. all field measurements, quantities..dimen-
graintaining and supervising of safety precautions and pro-
grams. sions.specified performance criteria, installation require-
;' ments.materials,catalog numbers and similar information
with respect thereto.
Ffaard Communication Programs: 6.25.1.2. all materials with respect to intended use.
I fabrication. shipping. handling. storage. assembly and
- 6.22. CONTRACTOR shall be responsible for coordinating installation pertaining to the performance of the Work,and
any exchange of material safety data sheets or other hazard
' communication information required to be made available to or 625.13. all information relative to CONTRACTOR's
4 , exchanged between or among employers at the site in accor- sole responsibilities in respect of means. methods, tech-
, dance with Laws or Regulations. niques. sequences and procedures of construction and
safety precautions and programs incident thereto.
1 Emergencies: CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
6.23. In emergencies affecting the safety or protection of and Samples and with the requirements of the Work and the
persons or the Work or property at the site or adjacent Contract Documents.
v. thereto,CONTRACTOR,without special instruction or au-
thorization from OWNER or ENGINEER, is obligated to 6,25.2. Each submittal will bear a stamp or specific
act to prevent threatened damage, injury or loss. CON- written indication that CONTRACTOR has satisfied CON-
TRACTOR shall give ENGINEER prompt written notice if TRACTOR's obligations under the Contact Documents with
CONTRACTOR believes that any significant changes in the respect to CONTRACTOR'S review and approval of that
Work or variations from the Contract Documents have been • submittal.
caused thereby.-If ENGINEER determines that a change in
the Contract Documents is required because of the action 6.25.3. At the time of each submission,CONTRACTOR
taken by CONTRACTOR in response to such an emergency, shall give ENGINEER specific written notice of such vari-
`p a Work Change Directive or Change Order will be issued to ations, if any, that the Shop Drawing or Sample submitted
E document the consequences of such action. may have from the requirements of the Contract Documents.
A ,:i such notice to be in a written communication separate from
the submittal;and,in addition,shall cause a specific notation
6,24.Shop Drawings And Samples: to be made on each Shop Drawing and Sample submitted to
6.24.1. CONTRACTOR shall submit Shop Drawings to_
ENGINEER for review and approval of each such variation.
ENGINEER for review and approval in accordance with the 6.26. ENGINEER will review and approve Shop Drawings
a accepted schedule of).Shop Drawings and Sample submittals and Samples in accordance with the schedule of Shop Draw-
P
4, (see paragraph 2 9). All submittals will be identified as ings and Sample submittals accepted by ENGINEER as re-
ENGINEER may require and in the number of. copies quired by paragraph 2.9. ENGINEER'S review and approval
' specified in the General Requirements.The data shown on will be only to determine if the items covered by the submittals
5 the Shop Drawings will be complete with respect to quanti- wiil,after installation or incorporation in the Work..conform to
ties,dimensions, specified performance and design criteria, the information given in the Contract Documents and be
materials and similar data to show ENGINEER the materi- compatible with the design concept of the completed Project as
als and equipment CONTRACTOR proposes to provide and a functioning whole as indicated by the Contract Documents.
to enable ENGINEER to review the information for the ENGINEER'S review and approval will not extend to means.
limitedvurposes required by paragraph 6 26.
,f methods,techniques,sequences or procedures of construction
6.24.2. CONTRACTOR shall also submit Samples to (except where a particular means, method. technique, se-
ENGINEER. for review and approval in accordance with quence or procedure of construction is specifically and ex-
pressly called for by the Contract Documents) or to safety
said accepted schedule of Shop Drawings and Sample sub- precautions or programs incident thereto. The review and
mina's.Each Sample will be identified clearly as to material, approval of a separate item as such will not indicate approval of
- Supplier,pertinent data such as catalog numbers and the use the assembly in which the item functions. CONTRACTOR
for which intended and otherwise as ENGINEER may shall make corrections required by ENGINEER, and shall
require to enable ENGINEER to review the submittal for return the required number of corrected copies of Shop Draw-
ings the limited purposes required by paragraph 6.26.The num-
! bens of each Sample to be submitted will be as specified in ings and submit as required new Samples for review and
€. : approval. CONTRACTOR shall direct specific attention in
the Specifications. writing to revisions other than the corrections called for by
I
ENGINEER on previous submittals.
f
6.25. Submittal Procedures:
6.27.. ENGINEER'S review and approval of Shop Draw-
.' 6.25.1. Before submitting.each Shop Drawing or Sam- ings or Samples shall not relieve CONTRACTOR from respon-
pie.CONTRACTOR shall have determined and verified: sibility for any variation from the requirements of the Contract
,. -
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Documents unless CONTRACTOR has in writing called EN- 630.2.5. any acceptance by OWN ER or any failure to
GINEER's attention to each such variation at the time of do so;
submission as required by paragraph 6.25.3 and ENGINEER ..630.26. review and approval of a Shop Drawing
has given written approval of each.such variation by specific. any
written notation thereof incorporated in or accompanying the or Sample submittal or the issuance of a notice of accept-
• Shop Drawing or Sample approval; nor will any approval by
ability by ENGINEER pursuant to paragraph 14.13;
ENGINEER relieve CONTRACTOR from responsibility for
complying with the requirements of paragraph 6.25.1. 6.30.2.7. any inspection,test or approval by others;or
.
6.30.2.8. any correction of defective Work by OWNER.
628.. 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 Indemnification;
paragraph 2.9. any related Work performed prior to ENGl-
NEER's review and approval of the pertinent submittal will be , 6.31. To the fullest extent permitted by Laws and Regula
'" at the sole expense and responsibility of CONTRACTOR. Lions, CONTRACTOR shall indemnify and hold harmless
• OWNER, ENGINEER, ENGINEER's Consultants and the
• officers,directors,employees,agents and other consultants of
Continuing the Work: each and any of them from and against all claims,costs,losses
and damages(including but not limited to all fees and charges
6.29. CONTRACTOR shall carry on the Work and adhere of engineers.architects,attorneys and other professionals and.
•to the progress°schedule during all disputes or disagreements all court or arbitration or other dispute resolution costs)caused
with OWNER.No Work shall be delayed or postponed pend- by, arising out of or resulting from the performance of the
ing resolution of any disputes or disagreements, except as Work,provided that any such claim,cost,loss or damage:(i)is
permitted by paragraph 15.5 or as OWNER and CONTRAC- attributable to bodily injury,sickness,disease or death, or to
• TOR may otherwise agree in writing: injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting therefrom,and
7
1 (ii) is caused in whole or in part by any negligent act or
630. CONTRACTOR'S General Warranty and Guarantee: omission of CONTRACTOR,any Subcontractor,any Supplier
..-1 any person or organization directly or indirectly employed by
6.30.1.; CONTRACTOR warrants and guarantees to any of them to perform or furnish any of the Work or anyone
OWNER.ENGINEER and ENGINEER's Consultants that for whose acts any of them may be liable,regardless of whether
Li all Work will be in accordance wr
.. or not caused in part by any negligence or omission of a person
th the.Contract Documents or entity indemnified hereunder or whether liability is imposed
and will not be defective. CONTRACTOR'S warranty and upon such indemnified party by Laws and Regulations regard-
guarantee hereunder excludes defects or damage caused by: less of the negligence of any such person or entity.
1.`' f. 6.30.1.1. abuse,modification or improper maintenance
.•, 6.32. In any and all claims against OWNER or ENGI-
contraoperation by persons other than CONTRACTOR.Sufi- NEER or any of their respective consultants,agents.officers,
contractors or Suppliers;. or directors or employees by any employee (or the survivor r
. • personal representative of such employee)of CONTRACTOR,
6.30.1.2. normal wear and tear under normal usage. any Subcontractor, any Supplier, any person or organization-
I directly or indirectly employed by any of them to perform or
6.30.2. CONTRAC I'OR's obligation to perform and corn- furnish any of the Work,or anyone for whose acts any of them
plete the Work in accordance with the Contract Documents may be liable,the indemnification obligation under paragraph
shall be absolute. None of the following will constitute an 6.31 shall not be limited in any way by any limitation on the
acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTORs obli- amount or type of damages,compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor.Supplier
gation to perform the Work in accordance with the Contract or other person or organization under workers' compensation
Documents: acts,disability benefit acts or other employee benefit acts.
'` 6.302.1. observations by ENGINEER; 6.33. The indemnification obligations of CONTRACTOR
under paragraph 6.31 shall not extend to the liability of ENGI-
i 6.30:2.3.. recommendation of any progress or final NEER and ENGINEER's Consultants, officers, directors.
payment by ENGINEER; employees or agents caused by the professional negligence.
errors or omissions of any of them. _
1 6.30.2.3. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
i TOR under the Contract Documents; Survival of Obligations:
6.30 2.4. use or occupancy of the Work or any part 6.34. All representations, indemnifications.warranties and
thereof by OWNER; guarantees made in. required by or given in accordance with
28
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the Contract Documents. as well as all continuing obligations Coordination:
I indicated in the Contract Documents, will survive final pay-
ment,completion and acdeptance of the Work and termination 7.4. if OWNER contracts with others for the performance
or completion of the Agreement. of other work on.the Project at the site.the following will be set
co
' forth in Supplementary Conditions
7.4.1. the person. firm or corporation who will have
IARTICLE 7—OTHER WORK
. authority and responsibility for coordination of the activities
among the various prime contractors will be identified;
7.4? the specific matters to be covered by such author-
" ity and responsibility will be itemized;and
' Related Work at Site: 7.43. 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- dons, OWNER shall have sole authority and responsibility in
s 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
I . performed was not noted in the Contract Documents. then:
(i) written notice thereof will be given to CONTRACTOR ARTICLE 8—OWNER'S RESPONSI9iLITIES
prior to starting any such other work, and (ii) CONTRAC- .
TOR may make a claim therefor as provided in Articles 11
and 12 if CONTRACTOR believes that such performance 8 1. Except as otherwise provided in these General Condi-
tions,OWNER shall issue all communications to CONTRAC-
quires additional time and the parties arc unable to agree as TOR through ENGINEER.
to the amount or extent thereof.
• 8.2. In case of termination of the employment of ENGI-
7.2. CONTRACTOR shall afford each other contractor NEER. OWNER shall appoint an engineer against whom
•who is a party to such a:direct contract and..each utility , CONTRACTOR makes no reasonable objection,whose status
owner (and OWNER,,if OWNER is performing the addi- : under.the Contract Documents shall be that of the former
tional work with OWNER's employees).proper and.safe ENGINEER.
access .to the site and..a reasonable opportunity,for. the
introduction and storage of materials and equipment and the 83. OWNER shall furnish the data required of OWNER
execution of such other work and shall properly connect and under the Contract Documents promptly and shall make pay-
!, coordinate the Work with theirs.Unless otherwise provided ments. to CONTRACTOR promptly when they are due as
' in the Contract Documents. CONTRACTOR shall do all provided in paragraphs 14.4 and 14.13.
cutting,fitting and patching of the Work that may be required 8 4. OWNER's duties in respect of providing lands and
to make its several parts come together properly and into- easements and providing engineering surveys to establish ref-
grate with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other- erence points arc set forth in paragraphs 4.1 and 4.4.Paragraph
wise altering their work and will only cut or alter their work 4.2 refers to OWNER's identifying and making available to
with:the written consent of ENGINEER and the others CONTRACTOR copies of reports of explorations and tests of
whose work will be affected.The duties and responsibilities subsurface conditions at the site and drawings of physical
' conditions in existing structures at or contiguous to the site that
of CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that have been utilized by ENGINEER in preparing the Contract
.there are comparable provisions for the benefit of CON- Documents. _
I TRACTOR in said direct contracts between OWNER and 8.5. OWNER's responsibilities in respect of purchasing
such utility owners and other contractors, and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by 8.6. OWNER is obligated to execute Change Orders as
others under this Article 7, CONTRACTOR shall inspect such indicated in paragraph 10.4.
I other work and promptly report to ENGINEER in writing any
delays,defects or deficiencies in such other work that render it 8.7. OWNER's responsibility in respect of certain inspec-
unavailable or unsuitable for the proper execution and results tions, tests and approvals is set forth in paragraph 13.4.
of CONTRACTOR's Work. CONTRACTOR'S failure so to
I report will constitute an,acceptance of such other work as fit 8.8. In connection with OWNER's right to stop Work or
and proper for integration with CONTRACTOR'S Work except suspend Work,see paragraphs 13.10 and 15.1. Paragraph 15.2
for latent or nonapparent defects and deficiencies in such other deals with OWNER's right to terminate services of CON-
work TRACTOR under certain circumstances.
9
I
8.9. The OWNER shall not supervise, direct or have observations of CONTRACTOR's Work ENGINEER will not
control or authority over,norbe responsible for, CONTRAC- supervise,direct,control or have authority over or be respon- I
'TOR's means,methods,techniques.sequences or procedures sibie for CONTRACTOR'S means, methods, techniques, se-
of construction or the safety precautions and programs incident quences or procedures of construction, or the safety precau-
thereto, or for any failure of CONTRACTOR to comply with Lions and programs incident thereto;or'for any failure of
Laws and Regulations applicable to the furnishing or perfor- CONTRACTOR to comply with.Laws and Regulations appii-
mance of the Work. OWNER will not'be responsible for cable to the furnishing or performance of the Work.
CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents. Project Representative:
8.10. OWNER'S responsibility in respect of undisclosed 9.3. If OWNER and ENGINEER agree,ENGINEER will .
Asbestos.PCBs,Petroleum,Hazardous Waste or Radioactive furnish a Resident Project Representative to assist ENGI-
Materials uncovered or revealed at the site.is set forth in NEER in providing more continuous observation of the Work.
paragraph 4-5.. The responsibilities and authority and limitations thereon of
• any such Resident Project Representative and assistants will be
". 8.11. . If and to the extent OWNER has agreed to furnish as provided in paragraph 9.13 and in the Supplementary
CONTRACTOR reasonable evidence that financial arrange- •Conditions. If OWNER designates another representative or
meats have been made to satisfy OWNER's obligations under . agent to.represent OWNER at the site who is not ENGI-
the Contract Documents, OWNER's responsibility in respect NEER'.s Consultant,agent or employee, the responsibilities
thereof will be as set forth in the Supplementary Conditions. and authority and limitations thereon of such other person will
be as provided in the Supplementary Conditions.
I
ARTICLE 9—ENGINEER'S STATUS DURING Clarifications and Interpretations:
CONSTRUCTION
9.4. ENGINEER.will issue with.reasonable promptness
__ such written clarifications or interpretations of the require-
meats of the Contract Documents(in the form of Drawings or
OWNER's Representative:.. otherwise) as.ENGINEER may determine necessary, which
' shall be-consistent with: :the'intent of and reasonably inferable
9.1: ENGINEER will beQWIER's"representative during `from Contract Documents: Such written clarifications and
the construction period.The duties and responsibilities and the; interpretations'will be binding on OWNER and CONTRAC-
limitations'of authority of ENGINEER as OWNER's repro- TOR If OWNER or CONTRACTOR believes that a written
sentative during construction are•set forth in the Contract clarification or interpretation justifies an adjustment in the
'' Documents.and shall not be extended without written consent
of OWNER and ENGINEER:... 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 11 or Article 12.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals Authorized Variations in Work:
appropriate to the various stages of construction as ENG1-
Li. NEER deems necessary in order to observe as an experienced 9.5. ENGINEER may authorize minor variations in the
and qualified design professional the progress that has been Work from the requirements of the Contract Documents which
-. made and the quality of the various aspects of CONTRAC- do not involve an adjustment in the Contract Price or the
TOR's executed Work. Based on information obtained during Contract Times and are compatible with the design concept of
' such visits and observations, ENGINEER will endeavor for the completed Project as a functioning whole as indicated by
the benefit of OWNER to determine,in general,if the Work is the Contract Documents. These may be accomplished by a
proceeding in accordance with the Contract Documents. EN- Field Order and will be binding on OWNER and also on
GINEER will not be required to make exhaustive or continu- CONTRACTOR who shall perform the Work involved promptly.
ous on-site inspections to check the quality or quantity of the If OWNER or CONTRACTOR believes that a Field Order
Work.ENGINEER's efforts will be directed toward providing justifies an adjustment in the Contract Price or the Contract
for OWNER a greater degree of confidence that the completed Times and the parties are unable to agree as to the amount or
Work will conform generally to the Contract Documents. On extent thereof, OWNER or CONTRACTOR may make a
the basis of such visits and on-site observations, ENGINEER written claim therefor as provided in Article 11 or 12.
will keep OWNER informed of the progress of the Work and
I will endeavor to guard OWNER against defective Work. EN-
'GINEER's visits and on-site observations are subject to all the Rejecting Defective Work: i
limitations on ENGINEER's authority and responsibility set
forth in paragraph 9.13,and particularly,but without limitation, 9.6.. ENGINEER will have authority to disapprove or
during or as a result of ENGINEER's on-site visits or reject Work which ENGINEER believes to be defective, or
30 I
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f ' 1
that ENGINEER believes will not produce a completed Project to ENGINEER and the other party to the Agreement promptly
x ' that conforms to the Contract Documents or that will prejudice (but in no event later than thirty days) after the start of the
• , the integrity of the design concept of the completed Project as occurrence or event giving rise thereto.and written supporting
a functioning whole as indicated by the Contract Documents. data will be submitted to ENGINEER and the other party
ENGINEER will also have authority to require special inspec- within sixty days after the start of such occurrence or event
lion or testing of the Work as provided in paragraph 13.9, unless ENGINEER allows an additional period of time for the
whether or not the Work is fabricated,installed or completed. submission of additional or more accurate data in support of
such claim, dispute or other matter.The opposing party shall
I
Shopsubmit any response to ENGINEER and the claimant within
Drawings, Change Orders and Payrnena thirty days after receipt of the claimant's last submittal(unless
ENGINEER allows additional time). ENGINEER will render
9.7. In connection with ENGINEER'S authority as to a formal decision in writing within thirty days after receipt of
, , Shop Drawings and Samples,see paragraphs 6.24 through 6.28 the opposing patty's submittal,if any,in accordance with this
inclusive. paragraph. ENGINEER'S written decision on such claim.
f' dispute or other matter will be final and binding upon OWNER
9.8: In connection with ENGINEER'S authority as to and CONTRACTOR unless:(I)an appeal from ENGINEER'sI �8 a Orders, see Articles l0, 11,and 12- • decision is taken within the time limits and in accordance with
t the procedures set forth in EXHIBIT GC-A, "Dispute Reso-
9.9. In connection with ENGINEER'S authority as to lution Agreement,"entered into between OWNER and CON-
Applieations for Payment,see Article 14. 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
Determirnations for Unit Pricer: delivered by OWNER or CONTRACTOR to the other and to
9.10. ENGINEER will determine the actual quantities and ENGINEER within thirty days after the date of such decision
1'= classifications of Unit Price Work performed by CONTRAC- and a formal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
TOR.ENGINEER will review with CONTRACTOR the EN- remedies as the appealing party may have with respect to suchGINEER's preliminary determinations on such matters before claim, dispute or other matter in accordance with applicable
rendering a written decision thereon(by recommendation.of an
Application for Payment or otherwise).ENGINEER5.written.; Laws and Regulations within sixty days of the date of such
, 'decision thereon will bG final and binding upon.OWNER_and, decision, unless otherwise agreed in writing by OWNER and
CONTRACTOR,unless, within:ten days.after the date of any' CONTRACTOR.
such decision, either OWNER or CONTRACTOR delivers to .12 When functioning.as interpreter and judge under.-
' the other and to. ENGINEER written notice of intention to 9
appeal from ENGINEER'S decision and: (I) an appeal from paragraphs 9.10 and 9.11,ENGINEER will not show partiality
' ' ' ENGINEER's decision:is taken within the time limits and in.. to OWNER or CONTRACTOR and will not be liable in
accordance with the procedures set forth in Exhibit GC-A, connection with any interpretation or decision rendered in
"Dispute Resolution Agreement," entered into between good faith in such capacity. The rendering of a decision by
OWNER and CONTRACTOR pursuant.to Article 16,or O if ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect
no such Dispute Resolution Agreement has been entered into, to any such claim,dispute or other matter(except any which
a formal proceeding is instituted by the appealing party in a have been waived by the making or acceptance of final
fi forum'of competent jurisdiction to exercise such rights or payment as provided in paragraph 14.16) will be a condition
r remedies as the"appealing party may have with respect to precedent to any exercise by OWNER or CONTRACTOR of
ENGINEER'S decision,unless otherwise agreed in writing by such rights or remedies as either may otherwise have under the
OWNER ced CONTRACTOR.Such appeal will not be subject Contract Documents or by Laws or Regulations in respect of
h to the procedures of paragraph 9.11• any such claim,dispute or other matter pursuant to Article 16.
Decisions on Disputes: 9.13. Limitations on ENGINEER'S Authority and Responsibilities-
9.11. ENGINEER.will be the initial interpreter of the 9.13.1. Neither ENGINEER'S authority or responsibi}-
requirements of the Contract Documents and judge
and ity under this Article 9 or under any other provision of the
r acceptability of the Work thereunder. Claims, P Contract Documents nor any decision made by ENGINEER
�_ ;
other matters relating to the acceptability of the Work or the in good faith either to exercise or not exercise such authority
interpretation of the requirements of the Contract Documents
I
pertaining to the performance and furnishing of the Work and or responsibility or the undertaking,exercise or performance
Claims under Articles 11 and 12 in respect of changes in the of any authority or responsibility by ENGINEER shall
•
Contract Price or Contract(:Times will be referred initially to create,impose or give rise to any duty owed by ENGINEER
ENGINEER in writing witI a request for a formal decision in to CONTRACTOR, any. Subcontractor, any Supplier,
` accordance with this paragraph. Written notice of each such other person or organization, or to any surety for or em-
claim,dispute or other matter will be delivered by the claimant ployee or agent of any of them.
I
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9.13.2. ENGINEER will not supervise,direct,con- 10.4. .OWNER and CONTRACTOR shall execute appr..
trol or have authority over or be responsible for priate Change Orders recommended by ENGINEER(or Writ-
CONTRACTOR's means, methods, techniques, se- ten Amendments)covering
quences or procedures of construction, or the safety 10.4.1. changes in the Work which are (i) ordered by
precautions and programs incident thereto, or for any OWNER pursuant to paragraph 10.1.(ii)required because of
failure of CONTRACTOR to comply with Laws and acceptance of defective Work under paragraph 13.13 or
Regulations applicable to the furnishing or-perfor- correcting defective Work under paragraph 13.14, or (iii)
-mance of the Work. ENGINEER will not be respon- agreed to by the parties:
sible for CONTRACTOR's failure to perform or fur-
nish the Work in accordance with the Contract 10.4.2. changes in the Contract Price or Contract Times
Documents. which are agreed to by the parties;and
9.133. ENGINEER will not be responsible for the 10.4.3. changes in the Contract Price.or Contract Times
acts or omissions of CONTRACTOR or of any Sub- which embody the substance of any written decision rem-
contractor;.any Supplier, or of any other person or dered by ENGINEER pursuant to paragraph 9.11;
- . organization performing or furnishing any of the Work.
9.13.4. ENGINEER's review of the final Applica- provided that,in lieu of executing any such Change Order,an
appeal may be taken from any such decision in accordance
tion for Payment and accompanying documentation with the provisions of the Contract Documents and applicable
and all maintenance and operating instructions,sched- Laws and Regulations, but during any such appeal. CON-
ules,guarantees, bonds and certificates of inspection, TRACTOR shall carry on the Work and adhere to the progress
tests-and approvals a_and Other documentation required schedule as provided in paragraph 6.29.
• to be delivered by paragraph 14.12 will only be to
determine generally that their content complies with 10.5. If notice of any change affecting the general scope of
the requirements of, and in the case of certificates of the Work or the provisions.of the Contract Documents(includ=
,.-. inspections,tests and approvals that the results certi- ing, but not limited to, Contract price or Contract Times) is
i ' fled indicate compliance with, the Contract Docu- - required by the provisions of any Bond to be given to a surety,
t., the giving of any such notice'will be CONTRACTOR's respon-
ments..
sibiiity, •and .the amount..of each applicable Bond will be
1 9.13.5. The limitations upon:authority,and respon adjusted accordingly.
sibility set forth in this paragraph 9.1.3 shall:also apply
to ENGINEER's.Consultants, Resident Project Rep-
_ resentative and assistants:
[ ,.. ARTICLE 1I—CHANGE OF CONTRACT PRICE .-
ARTICLE 10—CHANGES IN THE WORK 11.1. The Contract Price constitutes the total compensa-
E tion (subject to authorized adjustments) payable to CON-
10.1. Without invalidating the Agreement and without TRACTOR for performing the Work. All duties, responsibili-
notice to any surety,OWNER may,at any time or from time ties and obligations assigned to or undertaken by-CONTRACTOR
to time,order additions,deletions or revisions in the Work. shall be at CONTRACTOR's expense without change in the
Such additions, deletions or revisions will be authorized by Contract Price.
i a Written Amendment, a Change Order, or a Work Change
Directive. Upon receipt of any such document,CONTRAC- 11.2. The Contract Price may only be changed by a Change
TOR shall promptly proceed with the Work involved which Order or by a Written Amendment. Any claim for an adjust-
will be performed under the applicable conditions of the merit in the Contract Price shall be based on written notice
`., Contract Documents (except as otherwise specifically pro- delivered by the party making the claim to the other party and
vided). to ENGINEER promptly (but in no event later than thirty
10.2 If OWNER and CONTRACTOR are unable to agree days)after the start of the occurrence or event giving rise to the
as to the extent,if any,of an adjustment in the Contract Price ' claim and stating the general nature of the claim.Notice of the
of the Contract Times that should be allowed amount of the claim with supporting data shall be delivered'
or an adjustment
within sixty days after the start of such occurrence or event
as a result of a Work Change Directive,a claim may be made (unless ENGINEER allows additional time for claimant to
therefor as provided in Article 11 or Article 12. submit additional or more accurate data in support of the claim)
10.3. CONTRACTOR shall not be entitled to an increase in and shall be accompanied by claimant's written statement that
Ithe Contract Price or an extension of the Contract Times with the adjustment claimed covers all known amounts to which the
L respect to any Work performed that is not required by the claimant is entitled as a result of said occurrence or event. All
•Contract Documents as amended,modified and supplemented claims for adjustment in the Contract Price shall be determined
g as provided in paragraphs 3.5 and 36 except in the case of an 'by ENGINEER in accordance with paragraph 9.11 if OWNER
emergency as provided in paragraph 6.23 or in the case of and CONTRACTOR cannot otherwise agree on the amount
I. uncovering Work as provided in paragraph 13.9. involved.No claim for an adjustment in the Contract Price will
3, 1
1 ,
-
' be valid if not submitted in accordance with this paragraph cash discounts shall accrue to OWNER.All trade discounts,
11.2.. rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER. and CON-
11.3. The value of any Work covered by a,Change Order or TRACTOR .shall make provisions so that they may be
I ,' of any claim for an adjustment in the Contract Price will be obtained.
determined as follows:
11.4.3. Payments made by CONTRACTOR to the Sub-
11.3.1. where the Work involved is covered by unit contractors for Work performed or furnished by Subcontrac-
' prices contained in the.Contract Documents,by application tors. If required by OWNER,CONTRACTOR shall obtain
of such unit prices to the quantities of the items involved competitive bids from subcontractors acceptable to OWNER
(subject to the provisions of paragraphs 11.9.1 through and CONTRACTOR and shall deliver such bids to OWNER
11.9.3.inclusive); who will then determine, with the advice of'ENGINEER.
which bids, if any, will be accepted. If any subcontract
11.3.2. where the Work involved is not covered by unit provides that the Subcontractor is to be paid on the basis of
prices contained in the Contract Documents,by a mutually Cost of the Work Plus a fee,the Subcontractor's Cost of the
I agreed lump sum (which may include an allowance for Work and fee shall be determined in the same manner as
i overhead and profit not necessarily in accordance with CONTRACTOR's Cost of the Work and fee as provided in
paragraph 11.6.2); paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall
' be subject to the other provisions of the Contract Documents
11.3.3. where the Work involved is not covered by unit insofar as applicable.
prices contained in the ContractDocuments and agreement
a lump sum is not reached under paragraph 113.2,on the 11.4.4. Costs of special consultants.(including but not
Ito
. 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-
1:i overhead and profit (determined as provided in paragraph cificatly related to the Work.
11.6).
11.4.5. Supplemental costs including the following:
Cost of the Work: - 11.4,5.1. The proportion of necessary transportation,
travel and subsistence expenses of CONTRACTOR's em-
11.4. The term Cost:ofthe Work means the sum ofall=costs: ployees.incurred in discharge of duties connected with the
necessarily incurred and paid,,b2 CONTRACTOR in the•proper Work.
performance of the Work. Except as otherwise may be agreed
to in writing by OWNER; such costs shall be in amounts no 11.4.5.2. Cost, including transportation and mainte-
higher than those prevailing in the locality of the Project,shall nance;of all materials, supplies. equipment, machinery,
4 include only the following items and shall not include any of the appliances, office and temporary facilities at the site and
costs itemized in paragraph 11.5: hand tools not owned by the workers, which are con-
sumed in the performance of the Work, and cost less
11.4.1. Payroll costs for employees in the direct employ market value of such items used but not consumed which
of CONTRACTOR.in the performance of the Work under remain the property of CONTRACTOR.
schedules of job classifications agreed upon by OWNER and
1 CONTRACTOR.Such'employees shall include without lim- 11.4.5.3. Rentals of all construction equipment and
l itation superintendents. foremen and other personnel em- machinery and the parts thereof whether rented from
ployed full-time at the site. Payroll costs for employees not CONTRACTOR or others in accordance with rental agree-
employed full time on the Work shall be apportioned on the ments approved by OWNER with the advice of ENGI-
basis of their time spent on the Work. Payroll costs shall NEER, and the costs of transportation, loading, unload-
include, but not be limited to, salaries and wages plus the ing, installation, dismantling and removal thereof—all in
cost of fringe benefits which shall include social security accordance with the terms of said rental agreements.The
contributions,unemployment,excise and payroll taxes,work- rental of any such equipment, machinery or parts shall
ers'compensation,health and retirement benefits, bonuses, cease when the use thereof is no longer necessary for the
sick leave.vacation and holiday pay applicable thereto.The Work.
expenses of performing Work after regular working hours,
1- on Saturday. Sunday or legal holidays, shall be included in 11.4.5.4. Sales,consumer,use or similar taxes related
the above to the extent authorized by OWNER., p
11.4.2. Cost of all materials and equipment furnished and to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
4 i_• incorporated in the Work, including costs of transportation 11.4.5.5. Deposits lost for causes other than negli-
and storage-thereof,and Suppliers'field services required in , gencesof CONTRACTOR, any Subcontractor or anyone i
connection therewith. All cash discounts shall accrue to directly or indirectly employed by any of them or for
CONTRACTOR unless OWNER deposits funds with CON- whose acts any of them may be liable, and royalty
TRACTOR with which to make payments,in which case the payments and fees for permits and licenses.
33
1
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11.4.5.6. Losses and damages(and related expenses) 11.5.5. Costs due to the negligence of CONTRACTOR.
caused by damage to the Work, not compensated by any Subcontractor, or anyone directly or indirectly em-
insurance or otherwise, sustained by CONTRACTOR in ployed by any of them or for whose acts any of them may be
connection with the.performance and furnishing of the . liable,including but not limited to,the correction of defective
Work (except losses and damages within the deductible. , Work.`-disposal;of materials or equipment wrongly supplied
• ' amounts of property insurance established by OWNER in and making good any damage to property.
accordance with paragraph 5.9). provided they have re-
suited from causes other than the negligence of CON- Other overhead or general expense costs of any kind and
TRACTOR. any Subcontractor, or anyone directly or the costs of any item not specifically and expressly included
indirectly employed by any of them or for whose acts any in paragraph 11.4.
of them may be liable. Such losses shall include settle-
ments made with the written consent and approval of 11.6. The CONTRACTOR's fee allowed to CONTRAC-
OWNER.No such losses,damages and expenses shall be TOR for overhead and profit shall be determined as follows:
included in the Cost of the Wort: for the purpose of
determining CONTRACTOR's fee. If.however,any such 11.6.1. a mutually acceptable fixed fee•or '
- loss or damage requires,reconstruction and CONTRAC-
TOR is..placed in charge thereof;CONTRACTOR shall be 11.6.2. if a fixed fee is not agreed upon,then a fee based
paid for services a fee proportionate to that stated in on the following percentages of the various portions of the
paragraph 11.62. Cost of the Work:
11.4.5.7. The cost of utilities, fuel and sanitary facili-
ties at the site. •
11.6.2.1. for costs incurred under paragraphs 11.4.1
and 11.4.Z, the CONTRACTOR's fee shall be fifteen
1 t.45.8. Minor expenses such as telegrams,long dis- percent;
Lance telephone calls. telephone service at the site, ex- }1.6.22, for costs incurred under paragraph 11.4.3,
presage and similar petty cash items in connection with the CONTRACTOR's fee.shall be five percent;
the Work.
E'
I I.4.5.9. Cost of premiums for additional Bonds and 11.6.2.3. where one or more tiers of subcontracts are
insurance required because of changes in the Work.
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
i 11.5 ` The term Cost of the,Work-shall not include any of La performs or furnishes the Work.at whatevertier,will be
the following: paid a fee of fifteen percent of the'costs incurred by such
' 11-5.1. Payroll costs.and other compensation of CON- Subcontractor under paragraphs 11.4.1 and 11.4 and that I
TRACTOR's officers;executives, principals(of partnership any higher tier Subcontractor and CONTRACTOR-will
and sole-proprietorships), general managers,engineers, ar- each be paid a fee of five percent of the amount paid to the
r-
chitects, estimators, attorneys, auditors. accountants, pur- next lower tier Subcontractor,
chasing and -.contracting agents, expediters, timekeepers,
i clerks and other personnel employed by CONTRACTOR 11.6.2.4. no fee shall be payable on the basis of costs
whether-.at the site or in CONTRACTOR's principal or a itemized under paragraphs 11.4.4, 11.45 and 11.5;
- branch office for general administration of the Work and not
•specifically included in the agreed upon schedule of job 11.6.25. the amount of credit to be allowed by CON-
.; classifications referred to in paragraph 1.1.4.I or specifically TRACTOR to OWNER for any change which results in a
_ covered by paragraph°11.4.4`&all of which are to be consid- net decrease in cost will be the amount of the actual net
1.
ered administrative costs covered by the CONTRACTOR's decrease in cost plus a deduction in CONTRACTOR's fee
fee. by an amount equal to five percent of such net decrease;
and
11.5 2.. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR'S office at the site. 11.6.25. when both additions and credits are involved
..; in any one change, the adjustment in CONTRACTOR's
11.5.3. Any part of CONTRACTOR's capital expenses, fee shall be computed on the basis of the net change in
including interest on CONTRACTOR'S capital employed for accordance with paragraphs 11.6.2.1 through 11.6.2.5,
a the Work and charges against CONTRACTOR for dclin- inclusive.
quent payments.
11.7. Whenever the cost of any Work is to be determined
11.5.4. Cost of premiums for all Bonds and for all pursuant to paragraphs 11.4 and 11.5. CONTRACTOR will
' - insurance whether or not CONTRACTOR is required by the establish and maintain records thereof in accordance with
Contract Documents to purchase and maintain,the same generally accepted accounting practices and submit in form
r (except for the cost of premiums covered by subparagraph acceptable to ENGINEER an itemized cost breakdown to-
11.4.5.9 above). gether with supporting data.
34
t 1
4
k
of having incurred additional expense or OWNER be-
Allowance-, lieves that OWNER is entitled to a decrease in Contract
ICash
'
11.8. It is understood that CONTRACTOR has inc
luded in Price and the parties are unable to agree as to the amount
.
decrease.
the Contract-Price..all-allowances so named in the Contract of any such increase or' A Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be adieptable to
OWNER and ENGINEER. CONTRACTOR agrees that:
ARTICLE 12—CHANGE OF CONTRACT TIMES
' ' 11.8.1. the allowances include the cost to CONTRAC-
TOR(less any applicable trade discounts) of materials and
equipment required-by the allowances to be delivered at the 12.1. The Contract Times (or Milestones) may only be
' site,and all applicable taxes;and changed by.a Change Order or a Written Amendment. Arty
claim for an adjustment of the Contract Times(or Milestones)
11.8.2. CONTRACTOR'S costs for unloading and han- shall be based on written notice delivered by the party making
.on the site, labor. installation costs, overhead, profitand other expenses contemplated for the allowances have the claim to the other party and to ENGINEER promptly(but
Idling
in no event later than thirty days)after the occurrence of the
been included in the Contract Price and not in the allowan event giving rise to the claim and stating the general nature of
and no demand for additional payment on account of any of the claim. Notice of the extent.of the claim with supporting
the foregoing will be valid.y data shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time to
Prior to final payment,an appropriate Change Order will be ascertain more accurate data in support of the claim)and shall
issued as recommended by ENGINEER to reflect actual be accompanied by the claimant's written statement that the
' amounts due CONTRACTOR on account of Work covered by adjustment claimed is the entire adjustment to which the
allowances,and the Contract Price shall be correspondingly claimant has reason to believe it is entitled as a result of the
adjusted. 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
11.9: . Unit Price Work: CONTRACTOR cannot otherwise agree. No claim for an
r1.9.•1. Where the Contract Documents•provide that all adjustment in the Contract Times(or Milestones)will be valid
or. of the Work is,to_be Unit Price:Work,initially the if not submitted in accordancewith the requirements of this
parr` Paragraph 12.1.
r Contract.Price will be'deemed to:include for all Unit:Price. p �p
'4 Work an amount•equal to the sum of the established.unit: 12.2. All time limits stated in the Contract Documents are
I price for each separately,identified•item of Unit Price Work of the essence of the Agreement.
t.. times the estimated quantity of each item as indicated in the
Agreement.The estimated quantities of items of Unit Price
Work are not'guaran'teed and are solely for the purpose of 12.3. Where CONTRACTOR is prevented from complet-
' comparison of Bids and determining an initial Contract ing any part of the Work within the Contract Times (or
Price.Determinations of the actual quantities and classifica- Milestones) due to delay beyond the control of CONTRAC-
tions of Unit Price Work performed by CONTRACTOR will TOR,the Contract Times(or Milestones)will be extended in an
be made by ENGINEER.in accordance with paragraph 9.10. amount equal to the time lost due to such delay
if beym is
and
made therefor as provided in paragraph DelaysY
11.9.2. Each unit price will be-deemed to include an the control of CONTRACTOR shall include,but not be.limited
C.; • - amount considered by CONTRACTOR to be adequate to to,acts or neglect by OWNER,acts or neglect of utility owners
A cover CONTRACTOR'S overhead and profit for each sepa- or other contractors performing other work as contemplated by
rately identified item. Article 7, fires, floods, epidemics, abnormal weather condi-
tions or acts of God. Delays attributable to and within the
�.-3 I11.9.3.
OWNER or CONTRACTOR may make a claim control of a Subcontractor or Supplier shall be deemed to be
for an adjustment in the Contract Price in accordance with delays within the control of CONTRACTOR.
Article II if:
`1 11.9.3.1. the quantity of any item of Unit Price Work 12.4. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
performed by CONTRACTOR differs materially and sig- Milestones)due to delay beyond the control of both OWNER
nificantly from the estimated quantity of such item indi- and CONTRACTOR, an extension of the Contract Times (or
cated in the Agreement;and Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR'S sole and exclusive remedy for
11.9.3.2. there is no corresponding adjustment with such delay.In no event shall OWNER be liable to CONTRAC-
• respect to any other item of Work;and
TOR, any Subcontractor, any Supplier, any other person or
s ' ' 'organization,or to any' surety for or employee or agent of any CONTRACTOR believes that CONTRAC- of them,for damages arisingout of or resuliing from(i)delays -
11.9.3.3. if
TOR is entitled to an increase in Contract Price as a result caused by or within the control of CONTRACTOR, or (ii)
35
I
delays beyond the control of both parties including but not approval.CONTRACTOR shall also be responsible for arrang-
limited to fires. floods.epidemics.abnormal weather condi- ing and obtaining and shall pay all costs in connection with any
dons. acts of God or acts or neglect by utility owners or inspections. tests or approvals required for OWNER'S and
other contractors performing other:work as contemplated by ENGINEER'S acceptance of materials or equipment to be
Article 7. 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.
ARTICLE 13—TESTS AND INSPECTIONS; 13.6. If any Work (or the work of others) that is to be
CORRECTION.REMOVAL OR inspected, tested or approved is covered by CONTRACTOR
ACCEPTANCE OF DEFECTIVE WORK 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
13.1... Notice of Defects: Prompt.notice of all defective be CONTRACTOR'S expense unless CONTRACTOR has
Work of which OWNER or ENGINEER have actual know')- be
ENGINEER timely notice of CONTRACTOR's inten-
edge will be given to CONTRACTOR. All defective Work tion to cover the same and ENGINEER has not acted with
may be rejected, corrected or accepted as provided in this • reasonable promptness in response to such notice.
Article 13.
Uncovering Work: I
Access to Work:
13.8. If any Work is covered contrary to the written request
I3.2. OWNER,ENGINEER,ENGINEER'S Consultants, of ENGINEER, it must, if requested by ENGINEER. be
other representatives and personnel of OWNER.independent uncovered for ENGINEER's observation and replaced at
testing laboratories and governmental agencies with jurisdic- CONTRACTOR's expense.
tional interests will have access to the Work at reasonable times
s'�,, for their observation,inspecting and testing.CONTRACTOR 13.9.. If ENGINEER considers it necessary or advisable
shall provide them proper and safe conditions for such access that covered Work be observed by ENGINEER: or inspected
` and advise them of CONTRACTOR'S site:safety.procedures or tested by :others, CONTRACtOR,.:at ENGINEER'S re-
and programs so that they may comply therewith as applicable quest:;shall uncover, expose.or otherwise make available for
1 '4,- :'observation.inspection or testing as ENGINEER may require,
La that portion•of the Work in question. furnishing all necessary
Tests:and Inspections: labor, material and equipment.If it is found that such Work is
defective, CONTRACTOR shall pay all claims, costs, losses
13.3. CONTRACTOR.shall give ENGINEER timely no and damages caused by, arising out of or resulting from such
t' icetof:readiness.of the-Work.for all required:.inspections,tests uncovering,exposure,observation.inspection and testing and
or approvals,and shall cooperate with inspection and testing of satisfactory replacement or reconstruction(including but not
f personnel to facilitate required inspections or tests. limited to all costs of repair or replacement of work of others);
iand OWNER shall be entitled to an appropriate decrease in the
•13.4. OWNER shall employ and pay for the services of an Contract Price,and,if the parties are unable to agree as to the •
independent testing laboratory to perform all inspections,tests. amount thereof, may make a claim therefor as provided in
or approvals required by the Contract Documents except: Article 11.If,however,such Work is not found to be defective.
CONTRACTOR shall be allowed an increase in the Contract
13.4.1. for inspections;tests or approvals covered by , Price or an extension of the Contract Times(or Milestones).or
paragraph 13.5 below; both, directly attributable to such uncovering. exposure. ob-
servL ation.inspection,testing.replacement and reconstruction;
13.4.2. that costs incurred in connection with tests or and,if the parties are unable to agree as to the amount or extent
inspections conducted pursuant to paragraph 13.9 below thereof, CONTRACTOR may make a claim therefor as pro-
shall be paid as provided in said paragraph 13.9;and vided in Articles 11 and 12.
13.4.3. as otherwise specifically provided in the Con-
" : tract Documents. OWNER May Slop the Work:
13.5. If Laws or Regulations of any public body having 13.10. If the Work is defective.or CONTRACTOR fails to
jurisdiction require any Work(or part thereof)specifically to be supply sufficient skilled workers or suitable materials or equip-
inspected, tested or approved by an employee or other repre- ment,or fails to furnish or perform the Work in such a way that
sentative of such public body, CONTRACTOR shall assume the completed Work will conform to the Contract Documents.
full responsibility for arranging and,obtaining such inspections. . :.OWNER may order CONTRACTOR to stop the Work.or any
? tests or approvals.pay all costs in connection therewith, and portion thereof, until the cause for such order has been
furnish ENGINEER the required certificates of inspection, or eliminated; however. this right of OWNER to stop the Work
36
i I
i
i
rt of OWNER to pay all claims. costs. losses and damages attributable to
shall not give rise to'any duty on the 'pa OWNER's evaluation of and determination to accept such
exerciseue this right for the.benefit of CONTRACTOR or any defective Work(such costs to be approved by ENGINEER as
Y surety or. other party. to reasonableness). If any such acceptance occurs prior to
-,w ENGiNEER'S recommendation of final payment. a Change
Order will be issued incorporating the necessary revisions in
Correction or Removal of Defective 1Tbrk the Contract Documents with respect to the Work:and OWNER
shall be entitled to an appropriate decrease in the Contract
13.1.1. if required by ENGINEER, CONTRACTOR shall Price,and,if the panics are unable to agree as to the amount
I promptly,as directed;either correct all defective Work,whether thereof, OWNER may make a claim therefor as provided in
or not fabricated, installed or completed. or, if the Work has Article 11. If the acceptance occurs after such recommends-
been rejected by ENGINEER., remove it from the site and replace it with Work that is not defective.CONTRACTOR shall OWNER.
! ' lion,an appropriate amount will be paid by CONTRACTOR to
pay all claims,costs,losses and damages caused by or resulting
' 1
1 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
r' after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
e 13.12-Correction Period: 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
Contract Documents, or if CONTRACTOR fails to comply
Completion or such longer period of time as may be pre- with any other provision of the Contract Documents.OWNER
scribed le Laws or Regulations or by the Contract
of any after seven days' written notice. to CONTRACTOR,
the Contract-Doc- may,
applicable special guarantee required by correct and remedy.any such deficiency. In exercising the
uments or by any specific provision of the Contract Docu- rights and remedies under this paragraph OWNER shall pro-
• menu,anyreed expeditiously. In connection with such corrective and
Work is found to be defective, CONTRACTOR
shalt promptly:without cost to OWNER and in accordance remedial action, OWNER may exclude CONTRACTOR from.
Iwith OWNER's written instructions: C)correct such defer- all or part of the site,take possession of all or part.of the Work.
y ' live Work,or,if it has been rejected by OWNER,remo�!e it and suspend CONTRACTOR'S services related thereto, take
�s. CONTRACTOR'S tools, appliances, construc-
tionake
from the site:and replace it with Work. that is not defective, possession of
and (ii) satisfactorily correct or rernoYa:and.replace,any equipment and machinery at the site and incorporate in the
I
damage.to other Worl,N=;or the.work;of others resulting. WorkaFll[3 materials and equipmentstored at the site or for which
`' therefrom. If CONTRACTOR does:not,promptly'comply _ OWNER has paid CONTRACTOR but which are stored i s with,the terms.of such instructions, or in an:emergency_
elsewhere. CONTRACTOR shall allow OWNER. OWNER's
, where delay would cause serious risk of loss or damage, representatives,agents and employees,OWNER's other con-
OWNER may have the defective Work corrected or the tractors and ENGINEER and ENGINEER15 Consultants ac-
rejected Work removed and replaced,and all claims,costs, cess to the site.to enable OWN.ER.to exercise The rights-and
losses:and.damages:caused by or resulting from such re- remedies under this paragraph. All claims, costs. losses and
moval and replacement('including but not limited to all costs. damages incurred or sustained by OWNER in exercising such
I of repair or replacement of work of others)will be paid by rights and remedies will be charged against CONTRACTOR
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 arc 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
1item may start to run from an earlier date if so provided in .provided in Article 11.Such claims,costs,losses and damages
t 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 CONTRACTORT (ssh all
M not be obes) lowedbecau no extension
ny delay in the
: t.r replaced under this paragraph 13.12, the correction period Co
hereunder with respect to such Work will be extended for an performance of the Workattributable to the exercise by OWNER
! additional period of one year after such correction or re- of OWNER's rights and remedies hereunder.
moval and replacement has been satisfactorily completed.
ARTICLE 14—PAYMENTS TO CONTRACTOR AND
I` COMPLETION
Acceptance of Defective Work:
13.13. 1f;'instead of requiring correction 'or-removal and Schedule of Valuer.
• replacement of defective Work.'OWNER(and,prior to ENGid as-
NEER's recommendation of final payment,also ENGINEER) 14.1. The sc I hedul a e ofas valuehesis sers a llishedss provi e and
prefers to accept it,OWNER may do so.CONTRACTOR shall p g P
37
,
I
will be incorporated into a form of Application for Payment 14.5.1. the Work has progressed to the point indicated.
acceptable to ENGINEER.Progress payments on account of 14.5.2. the quality of the Work is generally in accor-
Unit Price Work will be based on the number of units com-
pleted. dance with the Contract Documents(subject to an evalu-
ation of the Work as a functioning.Xrhole prior to or upon
Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents. to a final
Application for Progress Payment: determination of quantities and classifications for Unit
Price Work under paragraph 9.10,and to any other quail-
14.2- At least twenty days before the date established for fications stated in the recommendation),and
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER.for 14.5.3. the conditions precedent to CONTRACTOR's
review an Application for Payment filled out and signed by being entitled to such payment appear to have been
CONTRACTOR covering the Work completed as of the date fulfilled in so far as it is ENGINEER'S responsibility to
of the Application and accompanied by such supporting observe the Work.
documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equip- However, by recommending any such payment ENGINEER
ment not incorporated-in the Work but delivered and suitably • will not thereby be deemed to have represented that: (1)
• stored at the site or at another location.agreed to in writing, exhaustive or continuous on-site inspections have been made
the Application for Payment thall also be accompanied by a to check the quality or the.quantity of the Work beyond the
bill of sale,invoice or other documentation warranting that responsibilities specifically, assigned to ENGINEER in the
OWNER has.received the materials and equipment free and Contract Documents or(ii)that there may not be other matters
clear of all Liens and evidence that the materials and or issues between the parties that might entitle CONTRAC-
.,, equipment are covered by appropriate property insurance TOR to be paid additionally by OWNER or entitle OWNER to
and other arrangements to protect OWNER's interest therein, withhold payment to CONTRACTOR.
!_, all of which will be`satisfactory. to OWNER.The amount of 14a6. ENGINEER'S recommendation of any payment, in-
retainage with respect to progress payments. will be as eluding.final , me that ENEER is
stipulated in the Agreement. . responsible for CONTRACTOR's means,.methods,techniques,
r
sequences orprocpaymentedures ofshalt construcnottianon;or the safety precau-
tions and.programs incident thereto, or'for any failure of
CONTRACTOR':Warranty aj?iticr• CONTRACTOR to comply with-Laws and Regulations appli-
FK. cable`'to the furnishing or performance of Work, or for any
•
' 14.3. CONTRACTOR warrants and guarantees that title 10 • failure of CONTRACTOR to perform:, or furnish Work in
all Work,Materials and equipment.covered by.any Application_ accordance with the.Contract Documents..
L for Payment,whether incorporated in the Project or not, will
pass to OWNER no later than the time of payment.free and 14.7. ENGINEER may,refuse to recommend the whole or
clear of all Liens. . any part of any payment if,in ENGINEER's.opiniorintwould _
be incorrect to make the representations.to OWNER•referred
to in paragraph 14.5. ENGINEER may also refuse to recom- =
Review of Applications for Progress Payment: mend any such payment, or, because of subsequently discov-
ered evidence or the results of subsequent inspections or tests,
14.4. ENGINEER will, within ten days after receipt of nullify any such payment previously recommended, to such
each Application for Payment, either indicate in writing a extent as may be necessary in ENGINEER'S opinion to
1,1 recommendation of payment and present the Application to protect OWNER from loss because:
OWNER,or return the Application to'CONTRACTOR indi- 14.7.1. the Work is defective,or completed Work has
caring in writing ENGINEER'S reasons for refusing to recom- been damaged requiring correction or replacement, III
mend payment. In the latter case,CONTRACTOR may make
the necessary corrections and resubmit the Application. Ten 14.7.2. the Contract Price has been reduced by Writ-
days after presentation of the Application for Payment to ten Amendment or Change Order,
OWNER with ENGINEER'S recommendation, the amount 14.7.3. OWNER"has been required to correct defec-
_:.
tive will(subject to the provisions of the last sen- Work or complete Work in accordance with paragraph
tence of paragraph 14.7)become due and when due will be paid 13.14, or
by OWNER to CONTRACTOR.
14.7.4. ENGINEER has actual knowledge of the oc-
14.5. ENGITIEER's recommendation of any payment re-
i currence of anyof the events enumerated in paragraphs
r quested in an Application for Payment will constitute a repro- 15.2.1 through 15.2.4 inclusive.
sentation by ENGINEER to OWNER,based on ENGIN EER's OWNER may refuse to make payment of the full amour'
t on-site observations of the executed Work as an experienced recommended by ENGINEER because:
and qualified design professional'and on.ENGINEER's'review
of the Application for Payment and the accompanying data and 14.7.5. claims have been made against OWNER on
schedules,that to the best of ENGINEER's knowledge,infor- account of CONTRACTORs performance or furnishing of
-• -
mation and belief: the Work,
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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 ubstantial 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.
I
14.7.7. there are other items entitling OWNER to a 14.9. OWNER shall bye 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
I 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
14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15?4 Par
tialtJl cn.
', inclusive;
but OWNER must give CONTRACTOR. immediate written 14.10. Use by OWNER at OWNER's option of any sub-
, notice (with a copy to ENGINEER) stating the reasons for stantially completed part of the Work which:(7 has specifically
such action and promptly CONTRACTOR the amount so been identified in the Contract Documents, or(ii) OWNER,
p p y pay ENGINEER and CONTRACTOR agree constitutes a sepa-
withheld,or any adjustment thereto agreed to by OWNER and rately functioning and usable part of the Work that can be used
E_I CONTRACTOR.. when CONTRACTOR corrects to OWN-
,by OWNER for its intended purpose without significant inter- '
ER's satisfaction.the reasons for such action. ference with CONTRACTOR's performance of the remainder
of the Work, may be accomplished prior to Substantial Com-
t pletion of all the Work subject to the following:
' ' Substantial Completion:
f' .
14.8. When CONTRACTOR considers the entire Work 14.IO.i. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
• (. ready for its intended use CONTRACTOR shall notify OWNER part of the Work which OWNER believes to be ready for
and ENGINEER in writing that the entire Work is substantially its intended use and. substantially complete. If CON-
complete (except for items specifically listed by CONTRAC- TRACTOR agrees that such part of the Work is substan-
ill
.. TOR as incomplete) and request:that ENGINEER issue a Bally complete, CONTRACTOR will.certify.to OWNER
�'' certificate of Substantial Completion.Within a reasonable time and ENGINEER that such part of the Work is substan-
thereafter, OWNER, CONTRACTOR.and.ENGINEER shall.. .tialiy complete and request ENGINEER to issue a certif.
make an-inspection of the Work to determine the•status:of- irate of Substantial Completion for that part of the Work.
completion. If ENGINEER'does not consider the Work sub- 'CONTRACTOR at any time may notify OWNER and
Manually complete,ENGINEER will notify CONTRACTOR ENGINEER in writing that CONTRACTOR considers
in writing giving the reasons therefor.'If ENGINEER considers any such part of the Work ready for its intended use and
the Work substantially complete,ENGINEER will prepare and substantially complete and request ENG.IREE$:co issue a •
El deliver to OWNER a tentative certificate of Substantial Corn- certificate of.Substantial Completion for that part of till
pletion which shall fix the date of Substantial Completion. Work.Within a reasonable time after either such request,z
r There shall be attached to the certificate a tentative list of items OWNER, CONTRACTOR and ENGINEER shall make
{ ; to be completed or corrected before final payment. OWNER an inspection of that part of the Work to determine its
shall have seven days after receipt of the tentative certificate status of completion. If ENGINEER does not consider
I during which to make written objection to ENGINEER as to that part of the Work to be substantially complete,ENGI
any provisions of the certificate or attached list. If, after NEER will notify OWNER and CONTRACTOR in writ-
,; considering such objections,.ENGINEER-concludes that the ing giving the reasons therefor. If ENGINEER considers
' Work is not substantially complete, ENGINEER will within that part of the Work to be substantially complete, the
fourteen days after submission of the tentative certificate to provisions of paragraphs 14.8 and 14.9 will.apply with
OWNER notify CONTRACTOR in writing,stating the reasons respect to certification of Substantial Completion of that
therefor. If,after consideration of OWNER's objections,EN- part of the Work and the division of responsibility in
GINEER considers the Work substantially complete, ENGI- respect thereof and access thereto.
1 NEER will within said fourteen days execute and deliver to
L. OWNER and CONTRACTOR a definitive certificate of Sub- 14.10.2. No occupancy or separate operation of part
' stantial Completion(with a revised tentative list of items to be of the Work will be accomplished prior to compliance with
completed or corrected) reflecting such changes from the the requirements of paragraph 5.15 in respect of property
i tentative certificate as ENGINEER believes justified after insurance.
consideration of any objections from OWNER. At.the time of
' delivery of the tentative certificate of Substantial Completion
ENGINEER will deliver to OWNER and CONTRAC TOR a Final Inspection:
written recommendation as to division of responsibilities pend-
ing final payment between OWNER and CONTRACTOR with 14.11. Upon written notice from CONTRACTOR that the
respect to security, operation, safety, maintenance,heat,utili- entire`Work or an agreed portion thereof is complete, ENGI-
`, ties, andguarantees.Unless OWNER NEER will make a final inspection with OWNER and CON-
and insurance and warranties Pe
CONTRACTOR agree otherwise in writing and so inform TRACTOR and will notify CONTRACTOR in writing of all
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particulars in which,this inspection reveals that the Work is CONTRACTOR
incomplete or defective. CONTRACTOR shall immediately 14.14. If, throughno fault of CONTRACTOR, final camII
-
take such measures as are necessary to complete such Work orfic delayed and if ENGINEER
remedy such deficiencies. pletion of the Work is signantl Y
so confirms,OWNER shall,upon receipt.pf CONTRACORRs
• final Application for Payment and recommendation of ENGI-
NEER, and without terminating the Agreement, make pay-
Final Application for Payment ment of the balance due for that portion of the Work fully
14.11 After CONTRACTOR has completed all such cor- completed and accepted.If the remaining balance to be held by
OWNER for Work not fully completed or corrected is less than
sections to the satisfaction of ENGINEER and delivered in the retainage stipulated in the Agreement,and if Bonds have
accordance with the Contract Documents ail maintenance and been ��� �required in paragraph 5.1,the written con-
operating instructions, schedules, guarantees. Bonds, certifi- sent of the surety to the payment of the balance due for that
rates or other evidence of insurance required by paragraph 5.4, portion of the Work fully completed and accepted shall be
certificates.of inspection, marked-up record documents (� submitted by CONTRACTOR to ENGINEER with the Appli-
provided in paragraph 6.19)and other documents,CONTRAC- ration for such payment. Such payment shall be madc..under
'TOR may make application for final payment following the procedure for progress payments. The final Application for the terms and conditions governing final payment,except that
it shall not constitute a waiver of claims.
Payment shall be accompanied(except as previously delivered)
by:(i)all documentation calledf'or in the Contract Documents,
including but not limited to the evidence of insurance required Waiver of Claims:
by subparagraph 5.4.13,(u)consent of the surety,if any,to finial
payment; and OM complete and legally effective releases or 14.15. The making and acceptance of final payment will
waivers(satisfactory to OWNER)of all Liens arising out of or constitute•
filed ill connection with the Work. In lieu of such releases or .
. waivers of Liens and as approved by OWNER, CONTRACT 14.15.1. a waiver of all claims by OWNER against
TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR,except claims.arising from unsettled Liens,
CONTRACTOR that: (i) the releases and receipts include all front.defective Work appearing after final inspection pursu-
labor,.services,material and equipment for which a Lien could ant to.paragraph 14.1 l, from failure to comply with the
„' be filed,and(ii)all payrolls,material and equipment bills and Contract Documents or the terms of any special guarantees
athcrindr6tednessconneUedwithihe:Work for,which.OWNER sp .therein,-or from'CONTRAC`TOR's continuing ob-
or OWNER'S property any:waybe:responsible=have- Iigations underthe Contract Documents;and
j been paid or otherwise satisfied.: If any;-Subcontractor or
Supplier, falls: to furnish such:a release or.receipt.in full. 14.15.2. a waiverofall claims by CONTRACTOR against.
CONTRACTOR.:may furnish.a;Bond or other collateral satis- OWNER other than those previously made in writing and I
factory to OWNER to indemnify OWNER against any Lien. still unsettled:
Final Payment and Acceptance:
ARTICLE 15—SUSPENSION OF WORK AND
14.13. lf, on the basis:of ENGINEER'S observation of the
TERMINATION
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 . OWNER May Suspend Work:
completed and CONTRACTOR'S other obligations under the OWNER.may sus-
r Contract Documents have been fulfilled, ENGINEER will,
15.1. At any time and without cause,
`"" within ten days after receipt of the final Application for pend the Work or any portion thereof for a period of not more
Payment, indicate in writing ENGINEER'S recommendation than ninety days by notice in writing to CONTRACTOR and
of payment and present the Application to OWNER for pay- ENGINEER which will fix the date on which Work will be
I, ment. At the same time ENGINEER will also give written resumed. CONTRACTOR shall resume the Work on the date
notice to OWNER and CONTRACTOR that the Work is so fixed.CONTRACTOR shall be allowed an adjustment in the
•
acceptable subject to the provisions of paragraph 14.15. Oth- Contract Price or an extension of the Contract Times,or both,
1 erwise, ENGINEER will return the Application to CON- directly attributable to any such suspension if CONTRACTOR
`., TRACTOR, indicating in writing the reasons for refusing to makes an approved claim therefor as provided in Articles 11
recommend final payment.in which case CONTRACTOR shall and 12.
'i make the necestary corrections and resubmit the Application. .
__ Thirty days after the presentation to OWNER of the Applica-
tion and accompanying documentation, in appropriate form OWNER May Terminate:
and substance and with ENGINEER's'recommendation and
notice of acceptability, the amount recommended by ENG1- 15.2. Upon the occurrence of any one or more of the
NEER will become due and will be paid by OWNER to following events.
40
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15.2.1. if CONTRACTOR persistently fails to perform 15.4.2. for expenses sustained prior to the effective date
t the Work in accordance with the Contract Documents (in- of termination in performing services and furnishing labor,
eluding.but not limited to failure to supply sufficient skilled materials or equipment as required by the Contract Docu-
'workers or'suitable materials or equipment or failure to .ments in.connecdon with uncor2rpleted Work, plus fair and
I adhere to the progress schedule established under paragraph reasonable sums for overhead and profit on such expenses;
2.9 as adjusted from time to time pursuant to paragraph 6.6);
15.4.3. for all claims.costs,losses and damag
es incurred
I
15.2.2. if CONTRACTOR disregards Laws or Regula-
tions in settlement of terminated contracts with Subcontractors,
of any public body having jurisdiction; Suppliers and others;and
•
15.2.2. if CONTRACTOR disregards the authority of 15.4.4. for reasonable expenses directly attributable to
' ENGINEER;or termination.
15.2.4. if CONTRACTOR otherwise violates in any sub- CONTRACTOR shall not be paid on .account of loss of
I stantial way any provisions of the Contract Documents; anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
OWNER may,after giving CONTRACTOR(and the surety,
if anya'seven days' written notice and to the extent permit-
ted by Laws and Regulations, terminate the services.of CONTRACTOR May Slop Work or Terminate:
, CONTRACTOR,exclude CONTRACTOR from the site and
take possession of the Work and of all.CONTRACTOR's 15.5. If, through no act or fault of CONTRACTOR, the
• tools,appliances, construction equipment and machinery at Work is suspended fora period of more than ninety days by
r the site and use the same to the full extent they could be used OWNER or under an order of court or other public author-
1 by CONTRACTOR(without liability to CONTRACTOR for ity, or ENGINEER fails to act on any Application for
I ' trespass or conversion),incorporate in the Work all materi- Payment within thirty days after it is submitted or OWNER
ais and:equipment stored at the site or for which OWNER fails for thirty days to pay.CONTRACTOR any sum finally
1 II
has paid CONTRACTOR but which:are stored elsewhere. determined to be due,. then CONTRACTOR may.. upon
, ,., and finish the Work as OWNER may deem expedient. In seven days' written notice to OWNER and ENGINEER,
such case CONTRACTOR shall not be entitled to receive and provided OWNER or ENGINEER do not remedy such
Iany further payment until the-Work_is''finished..lf.the.unpaid. suspension or failure within that time' terminate the Agree-
i i .r balance of.the Contract Price:exceeds;-all;claims,-costs. meat and recover from OWNER payment on the same terms
losses and damages sustained by OWNER arising:out of or as provided in paragraph 15.4. In Lieu•of terminating the
1 resulting from completing.the Work such excess will be paid. Agreement and;:without.prejudice- ta:•any 'other right. or
to'CONTRACTOR. if such claims, costs, losses._and dam- remedy, if ENGINEER has failed to act•iiti an• Application _
t_.„1. ages exceed such unpaid balance,CONTRACTOR shall pay. for Payment within thirty days after it is submitted, -or"
I
the difference to OWNER. Such claims, costs, losses and OWNER has failed for thirty days to pay CONTRACTOR
damages incurred by OWNER will be reviewed by ENGI- any sum finally determined to be due, CONTRACTOR ma'y
NEER as to their reasonableness and when so approved by upon seven day's written notice to OWNER and ENGI-
ENGINEER incorporated in a Change Order,provided that NEER stop the Work until payment of all such amounts due
' when exercising any rights or remedies under this paragraph CONTRACTOR, including interest thereon. The provisions
OWNER shall not be required to obtain the lowest price for of this paragraph 15.5 are not intended to preclude CON-
' f the Work performed. TRACTOR from making claim under Articles II and 12 for
.
an increase in Contract Price or Contract Times or otherwise
15.3. Where CONTRACTOR's services have been so ter- for expenses or damage directly attributable to CONTRAC-
T' initiated by OWNER,the termination will not affect any rights TOR's stopping Work as permitted by this paragraph.
= L. or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of
F moneys due CONTRACTOR by OWNER will not release
,. CONTRACTOR from liability. ARTICLE 16—DISPUTE RESOLUTION
' 15.4. Upon seven days'written notice to CONTRACTOR
and ENGINEER, OWNER may, without cause and without If and to the extent that OWNER and CONTRACTOR have
I prejudice to any other right or remedy of OWNER, elect to agreed on the method and procedure for resolving disputes
terminate the Agreement. In such case,CONTRACTOR shall between them that may arise under this Agreement, such
be paid(without duplication of any items): dispute resolution method and procedure,if any,shall be as set
forth in Exhibit GC-A,"Dispute Resolution Agreement,-to be
I 15.4.1. for completed and acceptable Work executed in attached hereto and made a part hereof. 1f no such agreement
accordance with the Contract Documents prior to the effec- on the method and procedure for resolving such disputes has
tive date of termination, including fair and reasonable sums been reached,and subject to the provisions.of paragraphs 9.10,
for overhead and profit on such Work; 9.11, and 9.12, OWNER and CONTRACTOR may exercise
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such rights or remedies as either may otherwise have under the act of the other party or of any of the other party's employees
Contract Documents or by Laws or Regulations in respect of or agents or others for whose acts the other party is legally
any dispute. 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
ARTICLE 17—MISCELLANEOUS construed as a substitute for or a waiver of the provisions of
any applicable statute of limitations or repose.
Giving Notice: Cumulative Remedies:
17.1. Whenever any provision of the Contract Documents 17.4. The duties and obligations imposed by these General
requires the giving of written notice,it will be deemed to have Conditions and the rights and remedies available hereunder to
been validly given if delivered in person to the individual or to the parties hereto,and,in particular but without limitation,the
a member of the firm or to an officer of the corporation for warranties, guarantees and obligations imposed upon CON-
whom it is intended,or if delivered at or sent by registered or TRACTOR by paragraphs.6.12, 6.16, 630. 6.31. 6.32, 13.1.
certified mail, postage prepaid, to the last business address 13.12, 13.14, 143 and 15.2 and all of the rights and remedies
known to the giver of the notice. available to OWNER and ENGINEER thereunder, are in
addition to, and are not to be construed in any way as a
i ;
Computation of Tunes .limitation of,any rights and remedies available to any or all of
them which are otherwise imposed or available by Laws or
�^ 17.2.1. When any period of time is referred to in the Regulations, by special warranty or guarantee or by other
t Contract Documents by days, it will be computed to exclude provisions of the Contract Documents. and the provisions of
the first and include the last day of such period.If the last day this paragraph will be as effective as if repeated specifically in
of any such period falls on a Saturday'or Sunday or on a day the Contract Documents in connection with each particular
t made a legal holiday by the law of the applicable jurisdiction, duty,obligation, right and remedy to which they apply.
such day will be omitted from the computation.
1'7 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.
Lei 17.5. Whenever reference is made to"claims.costs,losses
and damages,"it shall include in each case,but not be limited
\
Vodce of Claim: to,all fees and.charges of engineers,architects,attorneys and
17.3. Should OWNER or.CONTRACI�OR'suffer-injury or other professionals and all court or arbitration or other dispute
damage to person or property becausecrf any error,omission or resolution costs.
.
ç
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' IV. SPECIFICATIONS
Division One-General Requirements
1
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Payment. The policies of insurance required to be purchased and maintained by
I CONTRACTOR in accordance with paragraphs 5.6 and 5.7 shall contain a provision that the
coverage afforded will not be canceled or materially changed until at least thirty days' prior
written notice has been given to OWNER.
I
Such insurance will be subject to the following deductible amount- $1,000.
Article 6.
I
Sections 6.24.1,6.24.2,6.25.3,6.26,6.27,6.28,and 6.30.2.6 make reference to the wording and
language 'for review and approval" This wording shall be replaced in all locations with the
v ' following wording "for review and comment"
Article 8, Section 8.12.
IAdd Paragraph 8.12 to Article 8-Owner's Responsibility, General Conditions of the Contract.
8.12-The Owner shall have the authority to designate an individual who is knowledgeable in
' Airport Operations procedures and standards to act as the Owner's representative
on matters relating to the actions of the Contractor, Engineer, Utility Companies,
Airport Users and others, directly or indirectly involved in or impacted by the
Iperformance of the Work, as such actions may impact the operations of the Airport.
This individual shall be designated as the "Airport Safety Officer" and shall work
under the supervision of the Airport Manager.I
The Airport Safety Officer's responsibilities shall in no way supersede or remove the
responsibility of the Contractor for safety of operations as described in Paragraphs
I8.9, 6.20 and 6.21 of the General Conditions.
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SPECIAL PROVISIONS 1000-3
G?4 2105WYPFLESISPEOSIAP SPECS'02105 SPECIAL PROVISIONS 1000.DOC
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Article 17, Miscellaneous
Add the following new paragraph 17.6 titled “Litigation/Arbitration Costs":
17.6 Litigation/Arbitration Costs:
Should litigation or arbitration occur between the twoparties relatingto anyprovision
9
of this Contract, all litigation or arbitration expenses, collection expenses, witness
fees, court costs, attorney fees and other required professional services fees
incurred by the prevailing party shall be paid to the prevailing party by the non-
prevailing party and on appeal or bankruptcy proceedings.
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SPECIAL PROVISIONS 1000-4
G41 2105\WPFIES\SPECSIAP SPECS102105 SPECIAL PROVISIONS 1000DOC
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1000.3 SPECIAL PROVISIONS FOR PROTECTION OF CABLES, NAVAIDS AND FACILITIES
1. The Contractor is informed that there may be FAA facilities installed on the airport. The
facilities and associated cable shall be protected during construction. Work under this
I Contract can be accomplished in the vicinity of these facilities and cables only at approved
periods of time. Approval is subject to withdrawal at any time because of changes in
weather,emergency conditions,or for any other reason determined by the Airport Manager
or the local FAA sector representative. Any instructions to the Contractor to clear any given
I
area,at any time, by the Engineer,the Airport Manager or the FAA Control tower(by radio or
other means)shall be immediately executed. Construction work shall resume in the cleared
area only when additional instructions are issued by the proper authorities.
I2. These special provisions intend to make perfectly clear the need for protection of FAA
facilities and cables by this Contractor at all times.
I3. The approximate location of underground cables shall be shown on the construction
drawings. The Contractor shall notify the Resident Engineer at least 48 hours before
' excavation begins so that cable routes can be marked in the field. The Contractor shall use
whatever means necessary, including a cable locator, to locate the utilities before
excavation. All identified cable crossings shall be hand excavated before mechanical
equipment is used. Thereafter,through the entire time of this construction, cables shall be
' protected by the Contractor from any possible damage.
4. The Contractor shall immediately repair, by skilled workmen, any underground cables
I serving FAA or other airport facilities,which are damaged by his workmen. Prior approval of
the FAA must be obtained for the materials, workmen, time of day or night, method of
repairs, and for any temporary or permanent repairs the Contractor proposed to make to any
I FAA NAVAIDS and facilities damaged by the Contractor. Prior approval of the Engineer or
of the Airport Manager must be obtained for repairs the Contractor proposed to any other
airport facilities and cable damaged by the Contractor.I
5. It is recognized that the airport Owner may incur costs for employee's salaries,engineering
fees, and otherwise in connection with the damage caused by the Contractor; and
subsequently that the airport Owner may incur loss of income by reason of the diversion of
Iaircraft traffic from the airport resulting from interruption of the use of the airport facilities. In
addition to the obligation of the Contractor to immediately repair any identified cables or
facilities damaged by the Contractor, any loss of income or cost incurred by the airport
' Owner shall be recovered from the Contractor, the surety, or from both. The amount of
these deductions are not considered penalties.
I 6. If damage to or cutting of FAA cables results from this project,the cables shall be repaired
or spliced in accordance with FAA Specification 1391a "Installation and Splicing of
Underground Cables: and the repairs shall be approved by the FAA before burial
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SPECIAL PROVISIONS 1000-5
G!0210511NPFIFSISPECS1A1P SPECS02105 SPECIAL PROVISIONS 1000.DOC
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SECTION 1010
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SUMMARY OF WORK
IPART 1 -GENERAL
1.1 DESCRIPTION OF WORK:
I The major elements of this project include:construction of sanitary sewerfrom manhole AP-
15 to manhole Ap-26, 6" waterline and fire hydrant, taxiway open cuts with removal of
bituminous asphalt repair. The project will be bid with one Bid Schedule.
I
The Bid Schedule for the work is titled:
SCHEDULE D: Construct Sanitary Sewer, Manhole AP-15 to Manhole AP-26
Schedule D work includes construction of approximately 1500 linear feet of 8" diameter
IPVC sanitary sewer and installation of 6 manholes. New sewer main will connect to an
existing dry sewer main and include service stubs to hangars, Pioneer Aviation and private
properties in the vicinity. 400 L.F. of 6" water main will be constructed with two-meter pit
I services and a fire hydrant. Minor pay item include mobilization, safety compliance,quality
control, sewer service stubs, pipe bedding and stabilization and rock excavation.
I1.2 SEQUENCE OF WORK:
Boring and taxiway open cuts may occur concurrently with other sewer main construction on
I the airport. However, the boring and open cuts must be completed in such a mannerthat
only one taxiway is closed at a time and access to the runway is maintained at all times.
PART 2 -PRODUCTS
I
2.1 PROJECT SCHED
ULE:
The successful Bidder shall provide a draft construction schedule a minimum of three days
I prior to the Pre-Construction Conference. The schedule shall identify the Contractor's plan
for accomplishing the work in accordance with the Contract Time and shall include a
sequence of work. The sequence of work shall identify specific activities and associated
I dates of completion. Schedule shall identify date of boring completion and date of full
length runway opening. During the active portion of the project, a schedule update covering
two-week periods will be required on a weekly basis. See Section 1310, `Gantt-Bar Chart
' Scheduling and Reporting'.
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SUMMARY OF WORK 1010-1
GI121051WPFLES\SPECS UP SPECS‘02105 SUMMARY OF WORK 1010.DOC
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PART 3-EXECUTION
3.1 PROJECT MEETINGS:
Weekly project progress meetings will be required for the purpose of reviewing operational
safety,construction progress,impact of air operation activity,material submittals,scheduling
and performance. See Section 1200, 'Project Meetings'.
3.2 CONTRACTOR WORK/STORAGE AREA:
The Contractor's work/storage areas are shown on the plans. Specific locations will be
discussed at the Pre-Construction conference. The designated storage areas are to be
utilized by the Contractor for all Schedules. The Contractor may use the designated areas
following issuance of the 'Notice to Proceed' for this project.
3.3 PROJECT SPECIFIC SAFETY CRITERIA,OPERATIONS PLAN AND SAFETY OFFICER
DESIGNATION:
The Owner's Representative,Airport Manager Mike Becker,can be contacted by telephone
at 208/634-1488. He will be identified at the Pre-Construction conference and will be in
charge of issuing NOTAMs for this project and will be making inspections to insure that the
Contractor is following correct safety procedures. Further details can be found in Section
1110, `Airport Project Safety Procedures'. I
3.4 FORCE ACCOUNT WORK ALLOWANCE:
For all work performed as directed by the Engineer under the Force Account Allowance Bid
Item of each Schedule,the Contractor shall maintain accurate records of all equipment and
labor used to complete the work. Signed copies of the records shall be provided to the
Engineer with each monthly payrequest. Hourly rates for the labor and equipment shall be
"Contractors's by the Contractors's Supplemental Equipment Rate Schedule" or as may be
amended as a result of subsequent negotiations.
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SUMMARY OF WORK 1010-2
GM2105\YVPFLES1SPECSWP SPECS02105 SUMMARY OF WORK 1010.DOC
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SECTION 1050
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STAKING, QUANTITIES AND DRAWINGS OF RECORD
IPART 1 -GENERAL
1.1 DESCRIPTION.
A. Work included: This specification shall outline the responsibilities for survey work
necessary to construct the work to specified lines and grades and for the
I maintenance of records required to properly determine quantities and develop as-
constructed records.
IB. Related Work described elsewhere:
2. General Conditions, 4.4
I1. Summary of Work, Section 1010.
1.2 QUALITY ASSURANCE.
1
The survey and staking requirements for a project shall be established and agreed upon by
•
the Contractor, Owner and Engineer prior to or at the preconstruction meeting.
PART 2-PRODUCTS
INo Products this Section.
PART 3 - EXECUTION
' 3.1 CONSTRUCTION STAKING.
A. Engineer's responsibility. Unless stated otherwise in Sections 1000 and 1010,the
Ifollowing construction staking will be provided by the Engineer.
. Sanitary and Storm Sewer Collection Systems:
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a. Manholes, inlets and clean out centerline stakes.
b. Offset stake(s) at manholes for invert grade control and 25 feet
I c. outside of manhole.
Offset stake(s)at manholes for approximate manhole rim elevations
as requested.
Id Location and alignment stakes for service lines.
2. Water Distribution Systems:
Ia. Centerline stakes for alignment.
b. Location stakes for valves, hydrants and other appurtenances.
c. Location stakes for meter boxes.
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d. Offset stakes for approximate hydrant elevations.
' STAKING, QUANTITIES, AND DRAWINGS OF RECORD 1050-1
G?021051WPFLES1SPECS AP SPECS 02105 STAKING 01050.DOC
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3. Grading, Embankments Earthwork:
a. Baseline for horizontal control.
b. Benchmark for vertical control.
B. Contractor Responsibility. In general, the following construction staking is to be
provided by the Contractor.
1. Sanitary and Storm Sewer Collection and Water Distribution System:
a. Periodic verification of grade between grade stakes established by
the Engineer.
b. Placement of additional grade stakes between those provided by the
Engineer.
c. Regular checks of cover depth for water main installation.
d. Establishing final finished grades of manhole rings and covers,valve
boxes, and other appurtenances.
e. Grade control of service lines.
f. Any string line or batter board staking desired.
3. Grading, Embankments, and Earthwork:
a. Transfer of horizontal and vertical control from Engineer established
baselines, grids, and benchmarks as required for layout and grade
control.
b. Regular checks of grades and locations of work from baselines,
grids, and benchmarks.
c. Additional or intermittent slope stakes beyond those provided by the
Engineer at the onset of work, if necessary.
d. Confirmation of proper subgrade elevations within specified
tolerances prior to placement of "blue tops" for subbase course
placement in proposed paved areas and topsoil in other areas.
3.2 QUANTITY SURVEYS.
The Contractor will furnish personnel to assist the Engineer in making such surveys as are
necessary to determine the quantities of work performed and to check the accuracy of
staking, forms, wire lines, or other control established by the Contractor.
Unless waived in writing in each special case, quantity surveys shall be made under the
direction of the Engineer. All original field notes,computations and other records taken for
the purpose of quantity surveys shall become the property of the Owner and be kept in the
custody of the Owner. Quantity surveys shall be used to the extent necessary in determining
the amount of payments due to the Contractor.
3.3 NOTIFICATION.
A. Staking. The Contractor shall notify the Engineer a minimum of two (2) normal 1
workinq days (does not include Saturdays, Sundays and legal holidays) prior to the
commencement of any work which requires construction control, layout, or grade
staking so as to permit the Engineer to properly schedule the verification or
completion of survey work.
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I
SECTION 1000
1 SPECIAL PROVISIONS
•
I
1000.1 COORDINATION OF PLANS, SPECIFICATION AND SPECIAL PROVISIONS
These technical specifications,special provisions,general conditions,plans and all supplementary
documents are essential parts of the Contract, and a requirement in one is binding as though
occurring in all. They are intended to be complementary and to describe and provide for a
complete work or project. In case of discrepancy, calculated dimensions will govern over scaled
I . dimensions; special provisions shall govern over plans, technical specifications, general
conditions and cited standards/circulars/testing;plans shall govern over technical specifications,
general conditions and cited standards/circulars/testing;technical specifications shall govern over
I general conditions and cited standards/circulars/testing;general conditions shall govern over cited
standards/circulars/testing. If there is a conflict in requirements between the general notes and
details on the plans, the requirement of the detail on the plans shall prevail.
IThe Contractor shall take no advantage of any apparent error or omission in the plans or Contract
Documents. In the event the Contractor discovers such an error or omission,he shall immediately
notify the Engineer. The Engineer will then make such corrections and interpretations as may be
Ideemed necessary for fulfilling the intent of the plans and Contract Documents.
1000.2 SUPPLEMENTARY CONDITIONS -OWNER
IThese Supplementary Conditions amend or supplement the General Conditions of the
Construction Contract and other provisions of the Contract Documents as indicated below. All
Iprovisions which are not so amended or supplemented remain in full force and effect.
The terms used in these Supplementary Conditions which are defined in the General Conditions of
the Construction Contract have the meanings assigned to them in the General Conditions.
Article 1.
The terms used in the Supplementary Conditions which are defined in the General Conditions of
the Construction Contract have the meanings assigned to them in the General Conditions.
I Article 2, Section 2.3.
{
Delete Paragraph 2.3 of the General Conditions in its entirety and insert the following in its place:
I
2.3 The Contract Times will commence to run on the effective date indicated in the Notice to
Proceed.
IArticle 5, Section 5.4.
• The limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall
I provide coverage for not less than the following amounts or greater where required by law:
5.4.1 and 5.4.2.- Workers'Compensation,etc. under paragraphs 5.3.1 and 5.3.2 of the General
IConditions:
(1) State: Statutory
I
SPECIAL PROVISIONS -SPE O ISIONS 10001
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(2) Applicable Federal (e.g. Longshoreman's): Statutory
(3) Employer's Liability: $1,000,000
5.4.3,5.4.4 and 5.4.5.- Comprehensive General Liability(under paragraphs 5.4.2 through 5.4.5
of the General Conditions):
1 BodilyInjuryand Pr
operty Damage:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate, Products and Completed
Operations
(2) Property Damage liability insurance will provide Explosion, Collapse and
Underground coverage where applicable.
(3) Personal Injury, with Employment Exclusion Deleted
$2,000,000 Annual Aggregate
5.4.6. -Comprehensive Automobile Liability:
(1) Bodily Injury and Property Damage:
$1,000,000 Each Person
$1,000,000 Each Accident
I
5.4.7—Additional Insurance Requirements:
(1) Contractor shall provide completed operations and products coverage in the amount
of$1,000,000.
(2) Add City of McCall, Idaho;Toothman-Orton Engineering Company as named insured
under terms of policies for coverages under Sections 5.4.3, 5.4.4, 5.4.5, 5.4.6, and
5.4.7.
Article 5 Section 5.6.
Delete Paragraph 5.6 of the General Conditions in its entirety and insert the following in its place:
5.6 Unless otherwise provided in these Supplementary Conditions, CONTRACTOR shall
purchase and maintain 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 law). This insurance shall include the interests of
OWNER,CONTRACTOR and Subcontractors in the Work, 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 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 fees and charges of
engineers, architects,attorneys and other professionals). If not covered under the"all risk"
insurance or otherwise provided in these Supplementary Conditions,CONTRACTOR shall
purchase and maintain similar property insurance on portions of the Work stored on and off
the site or in transit when such portions of the Work are to be included in an Application for
SPECIAL PROVISIONS 1000-2
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Any delays in the performance of project work which may result from the Contractors
I failure to properly notify the Engineer in advance of the need for survey work shall be
the Contractors sole responsibility.
B. Correction of Staking. The Contractor shall satisfy himself as to the accuracy of all
I measurements before construction any permanent structure and shall not take
advantage of any errors which may have been made in laying out the work. The
Contractor shall notify the Engineer immediately upon encountering any known
I staking errors or if the Contractor suspects a staking error. Any work performed by
the Contractor to apparent erroneous staking information shall be at the Contractor's
risk.
I
C. Preconstruction Conference. At a mutually agreed time prior to commencement of
= project work, the Contractor, the Owner and Engineer shall meet at a
I Preconstruction Conference for the purpose of establishing a survey work schedule
and reviewing survey control and construction staking to be provided by the Engineer
and by.the Contractor.
' 3.4 DRAWINGS OF RECORD.
A. Drawings: The Contractor will be furnished with one complete set of prints of all
IContract Drawings upon which the Contractor shall maintain a neat and accurate
record of all contract work. The Contractor shall promptly record the as-built
quantities and dimensions of all contract work as it is performed on this set of prints.
' At the completion of project work,the entire set of prints plus any additional drawings
necessary shall be submitted to the Engineer for final inspection and comment. The
Contractor shall correct, amplify and do all other work as may be required by the
I Owner and the Engineer to complete the as-built record in a manner satisfactory to
the Owner and the Engineer.
B. Information required:The Contractor's record shall include,for example,locations
I of valves, fittings, connections, service lines, cleanouts, and manholes. Locations
are to be established by three point ties to physical objects which will remain
undisturbed. Materials and fittings used; relative placement of fittings, with
' dimensions; depths of water mains (if over 5 feet of cover or less than 4 feet of
cover), and locations of lines or other important items which enter into structures or
pass under foundation walls are also to be clearly defined.
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SECTION 1091
A
IREFERENCE STANDARDS
IPART 1 -GENERAL
1.1 DESCRIPTION
A. Work Included: Reference i s made in these contract documents to codes and
standards which establish qualities and types of workmanship and materials, and
Iwhich establish methods for testing and reporting on the pertinent characteristics.
Where materials or workmanship are required by these Contract Documents to meet
I or exceed the specifically named code or standards, it is the Contractor's
responsibility to provide materials and workmanship which meet or exceed the
specifically named code or standard.
IIt is also the Contractor's responsibility,when so required by the Contract Documents
or by written request from the Engineer, to deliver to the Engineer all required proof
that the materials or workmanship, or both, meet or exceed the requirements of the
Ispecifically named code or standard. Such proof shall be in the form requested in
writing by the Engineer, and copies of a certified report of tests conducted by a
testing agency approved for that purpose.
I B. Related Work Described Elsewhere: Specific namingof codes or standards
P
occurs on the drawings and in other Sections of these Specifications.I
1.2 QUALITY ASSURANCE
A. Codes and Standards: Familiarity with pertinent codes and standards: In procuring
' all items used in this work, it is the Contractor's responsibility to verify the detailed
requirements of the specifically named codes and standards and to verify that the
items procured for use in this work meet or exceed the specified requirements.
I
B. Rejection of non-complying items:The Engineer reserves the right to reject items
incorporated into the work which fail to meet the specified minimum requirements.
I The Engineer further reserves the right, and without prejudice to other recourse the
Engineer may take, to accept non-complying items subject to adjustment in the
Contract Amount as approved by the Engineer and the Owner.
C. Additional Standards and Requirements: Applicable standards listed in these
Specifications include, but are not necessarily limited to, standards promulgated by
Ithe following agencies and organizations:
1. AASHTO = American Association of State Highway and Transportation
IOfficials, 341 National Press Building, Washington, D.C. 20004.
2. ACI = American Concrete In
stitute,to Box 19150, Redford Station, Detroit,
Michigan 48219.
' 3. AISC =American Institute of Steel Construction, Inc. 1221 Avenue of the
Americas, New York, New York 10020.
I
REFERENCE STANDARDS 1091-1
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4. ANSI = American National Standards Institute (Successorto USASI and
ASA), 1430 Broadway, New York, New York 10018. I
5. ASTM = American Society for Testing and Materials, 1916 Race Street,
Philadelphia, Pennsylvania 19103. I
6. AWS = American Welding Society, Inc., 2501 N.W. 7th Street, Miami,
Florida 33125. I
7. AWWA = American Water Works Association, Inc., 6666 West Quincy
Avenue, Denver, Colorado 80235.
8. CRSI = Concrete Reinforcing Steel Institute, 228 North LaSalle Street,
Chicago, Illinois 60610.
9. CS = Commercial Standard of NBS, U.S. Department of Commerce,
Government Printing Office,Washington, D.C. 20402.
10. FGMA=Flat Glass Marketing Association, 3310 Harrison,Topeka, Kansas
66611.
11. ISPWC=Idaho Standards for Public Works Construction, 1990,500 S. 10th I
Street, Boise, Idaho 83720.
12. NAAMM = The National Association of Architectural Metal Manufacturers,
1033 South Boulevard, Oak Park, Illinois 60302.
13. NEC = National Electrical Code (see NFPA). I
14. NEMA=National Electrical Manufacturers Association, 155 East 44th Street,
New York, New York 10017.
15. NFPA= National Fire Protection Association,470 Atlantic Avenue, Boston,
Massachusetts 02210. I
16. SDI = Steel Deck Institute, 135 Addison Avenue, Elmhurst, Illinois 60125
17. SSPC = Steel Structures Painting Council, 4400 5th Avenue, Pittsburgh,
Pennsylvania 15213.
18. TCA=Tile Council of America, Inc., P.O. Box 326, Princeton, New Jersey I
08540.
I
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REFERENCE STANDARDS 1091-2
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19. Underwriters' Laboratories, Inc., 207 East Ohio Street, Chicago, Illinois
60611.
20. Fed Specs and Fed Standards, Specifications Sales (3FRI), Bldg, 197,
Washington Navy Yard,General Services Administration,Washington, D.C.
' 20407.
21. MIL-SPECS = Military Specifications, Superintendent of Documents, U.S.
Government Printing Office, Washington D.C. 20402.
22. UBC=Uniform Building Code, International Conference of Building Officials,
' 5360 South Workman Mill Road, Whittier, California 90601.
23. FAA=Federal Aviation Administration,Seattle Airports District Office, 7300
' Perimeter Road South, Seattle, Washington 98108.
PART 2-PRODUCTS
No products this section.
PART 3- EXECUTION
The Contractor is responsible for being familiar with all named or implied codes. The latest
revision or edition of codes or standards shall be used.
PART 4- MEASUREMENT AND PAYMENT
There will be no separate measurement or payment for work required by the Section.
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SECTION 1110
h
IAIRPORT PROJECT SAFETY PROCEDURES
IPART 1 -GENERAL
1.1 DESCRIPTION
I
A.
Work Included: Work included under this section establishes guidelines and
standards which the Contractor is to follow when conducting project work to assure
I that a desirable level of operational safety is maintained during construction and
related activities.
I B. Related Information and Requirements: Additional information pertaining to
airport operation during construction is contained in the following locations or
documents:
I
1. "Operational Safety on Airports During Construction", FAA/AC
150/5370-2C dated 5/31/84, including Appendix 1.
2. General Conditions of the Contract,"Safety and Protection",6.20,6.21,6.22,
and 6.23, and "Special Provisions", Section 1000, Article 8, Section 8.12.
111
1 3. "Painting, Marking, and Lighting of Vehicles Used on an Airport", FAA/AC
II
150/5210-5.
4. "Marking of Paved Areas on Airports", FAA/AC 150/5340-1 E.
5. "Summary of Work", Section 1010
I1.2 COMPLIANCE
Coordination: The Contractor shall coordinate construction activities with the
IA.
Safety Officer, the Engineer and other parties as appropriate prior to commencing
construction and as needed throughout the course of the work.
I Operational Safety and the construction schedule are to be addressed at the
Pre-Construction Conference.
I
B. Notice to Airmen (NOTAMS): The airport owner shall issue the necessary
NOTAMS to reflect hazardous conditions. It is important that NOTAMS be reviewed
periodically and revised to reflect the current conditions.
IIf construction operations require the shutting down of a navigational aid from service
for more than 24 hours or in excess of 4 hours daily on consecutive days, a 45-day
minimum notice is desirable prior to the facility shutdown. Notification of construction,
I rough pavement,weather-caused effects, bird hazards and other conditions affecting
the use of the airport is usually made by NOTAM issued by Flight Service Stations.
FAA Air Traffic facilities and Airports district/field offices will assist in the notification
Iprocess.
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C. Inspection: Frequent inspections may be made by the Owner or designated Safety
Officer during all phases of the work to ensure that the Contractor is following the
recommended safety procedures.
D. Special Circumstances: Special or unique considerations of the Owner or of the
project which may be identified in Section 1010 of the Specifications or in the
drawings shall be considered and incorporated into the Contractor's Safety Plan and
construction schedule.
E. Project SafetyOfficer: The OWNER will designate an individual with knowledge of
9 9
aviation and airport operations to serve as the OWNER's representative in matters
involving Safety and Airport Operations. This individual will be present at the Pre-
Construction Conference. See Section 1000, Article 8, Section 8.12.
1.3 SUBMITTALS
A. Operational Safety Plan: Prior to commencing work,the Contractor shall submit for
review and approval a detailed Operation and Safety Plan coordinated with the
construction schedule. The plan shall include, but not be limited to:
1. Maintenance of air operations and direction of aircraft on air operations
surfaces during each construction sequence and estimated duration of
impact to the area.
2. The designation of the Contractor's Safety Officer responsible for liaison with
Owner's Safety Officer and the Engineer and execution of safety,
consistent with the terms of this specification.
3. Marking of vehicles/equipment and communications (radios-UNICOMS).
4. Training of personnel and safety meeting schedule.
5. Location, type and quantity of barricades, cones, signs, etc. to be on-hand
prior to issuance of NOTAMS and start of work.
6. Safety precautions or measures required to control Contractor's forces and
traffic.
B. Safety Plan Submittal: A draft of the Safety Plan shall be provided to the Engineer
along with the construction schedule a minimum of five calendar days prior to the
Pre-Construction Conference.
1.4 CONSIDERATIONS FOR OPERATIONAL SAFETY
A. Safety Considerations: The following is a partial list of safety considerations which
experience indicates will need attention during airport safety planning and
construction.
1. Minimum disruption of standard operating procedures for aeronautical
activity.
2. Clear routes from fire fighting and rescue stations to active airport operations
areas and safety areas.
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I 3. Chain of notification and authority to change safety-oriented aspects of the
construction plan.
I4. Initiation, currency and cancellation of Notice to Airmen (NOTAMs).
5. Suspension or restriction of aircraft activity on airport operations areas.
I6. Installation and maintenance of temporary lighting and marking for closed or
diverted aircraft routes on airport operations areas.
I 7. Revised vehicular control procedures or additional equipment and
manpower.
I8. Marking/lighting of construction equipment.
— 9. Storage of construction equipment and materials when not in use.
I10. Designation of responsible representatives of all involved parties and their
availability.
I11. Location of construction personnel parking and transportation to and from
the work site.
I12. Marking/lighting of construction areas.
13. Location of construction offices.
`
I 14. Location of Contractor's plants.
•
15. Debris cleanup responsibilities and schedule.
16. Identification of construction personnel and equipment.
I17. Location of haul roads.
18. Noise pollution.
I19. Dust control.
I20. Location of utilities.
21. Provision for temporary utilities and/or immediate repairs in the event of
' disruption.
22. Locationelectronic-visual
of power and control lines for electronic visual navigational aids.
I
I23. Marking and lighting of closed airfield pavement areas.
24. Shutdown and/or protection of airport electronic-visual navigational aids.
I
25. Notify crash/fire/rescue personnel when working on water lines.
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26. Provide traffic directors/wing walkers,etc.,as needed to assure clearance in
construction areas.
1.5 HAZARDS AND CONDITIONS
A. Identified Hazards: The Contractor is cautioned that analysis of past accidents and
incidents have identified numerous contributing hazards and conditions, some of
which are as follows:
1. Excavation adjacent to runways, taxiways, and
Y Yaprons.
2. Mounds or stockpiles of earth, construction material, temporary structures
and other obstacles in proximity to airport operations areas and approach
zones.
3. Runway surfacing projects resulting in excessive lips greater than 1 inch for
runways and 3 inches for edges between old and new surfaces at runway
edges and ends.
4. Heavy equipment, stationary or mobile, operating or idle near airport
operations areas or in safety areas.
5. Improper or malfunctioning lights or unlighted airport hazards.
6. Holes, obstacles, loose pavement,trash and other debris on or near airport
operations areas.
7. Failure to maintain fencing during construction to deter human and animal
intrusions into the airport operation areas.
8. Open trenches alongside pavement.
9. Attractions for birds such as trash,grass seeding or ponded water on or near
airports.
10. Inadequate or improper methods of marking temporarily closed airport
operations areas, including improper and unsecured barricades.
11. Obliterated markings on active operational areas.
PART 2-PRODUCTS
2.1 Products and materials as required for implementation of the safety plan are identified or
referenced in other portions of this section or in the Drawings.
PART 3 -EXECUTION
3.1 VEHICLES ON AIRPORTS
A. General: Vehicular activity on airport movement areas should be kept to a
minimum. Where vehicular traffic on airport operation areas cannot be avoided, it
should be carefully controlled. A basic guiding principle is: The aircraft always has
the right-of- way. If Contractor's vehicular traffic activity on airport movement
surfaces causes a deposit of loose soil or aggregate material on those surfaces,
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Contractor will be required to sweep or clean such deposit to the satisfaction of the
I Engineer. Several important aspects of vehicle control and identification are
discussed in the following sections.
' B. Visibility: Vehicles which routinely operate on airport operations areas should be
marked/flagged for high daytime visibility and if appropriate, lighted for nighttime
operations. Vehicles which are not marked and lighted should be escorted by one
that is equipped with temporary marking and lighting devices. (See AC
I150/5210-5B.)
C. Identification: It is usually desirable to be able to visually identify specific vehicles
I from a distance. It is recommended that radio equipped vehicles which routinely
operate on airport operations areas be permanently marked with identifying
characters on the sides and roof. ( See AC 150/5210-5B.) Vehicles needing
I intermittent identification could be marked with tape or with magnetically attached
markers which are commercially available.
' D. Warning Devices: Construction vehicles/equipment shall have automatic signalling
devices to sound an alarm when moving in reverse.
E. Movement The control of vehicular activity on airport operations areas is of the
highest importance. The Contractor is responsible for developing procedures,
III procuring equipment and providing employee training regarding vehicle operations to
ensure aircraft safety during construction. This requires coordination with airport
I users and air traffic control. Consideration should be given to the use of two-way
radio, signal lights, traffic signs, flagmen, escorts, or other means suitable for the
particular airport. At non-tower airports, two-way radio control between Contractor
I vehicles and fixed-base operators or other airport users should avoid frequencies
used by aircraft. It should be remembered that even with the most sophisticated
procedures and equipment,systematic training of vehicle operators is necessary to
I achieve safety. Special consideration should be given to training intermittent
operators, such as construction workers, even if escort service is being provided.
The Contractor shall access the construction site area from designated locations
shown on the plans or as directed at the Pre-Construction Conference.
IF. Vehicle Marking: Vehicles other than those that routinely traverse any portion of
the AOA under air traffic control (ATC) should be provided with a flag on a staff
attached to the vehicle so that the flag will be readily visible. The flag should be at
I least a 3 foot square having a checkered pattern of International Orange and White
squares at least 1 foot on each side. In lieu of a flag, such vehicles may either be
escorted by a vehicle properly equipped to operate in the AOA or be in constant two
I M way radio communication with ATC. At airports without air traffic control facilities,
flags should be provided on these vehicles.
I G. Vehicle Lighting: The standard for identification lighting of vehicles routinely
operating in the AOA is an appropriately sized flashing or steady burning beacon,
mounted on the uppermost part of the vehicle such that it is conspicuous from any
I direction including from the air. Color specifications for vehicle identification
beacons are in accordance with Appendix 2. Vehicles not routinely operating on the
AOA should be identified during periods of low visibility by a beacon or be escorted
by a properly lighted vehicle.
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1. Characteristics: Flashing and steady burning beacons will have:
a. low-intensity lighting with an upper limit of 400 candelas(effective)to
avoid damage to night vision. The minimum effective intensity range
in the horizontal plane should be at least 40 candelas, but not more
than 400 candelas;
b. 360° azimuth (horizontal) coverage;
c. peak intensity from 0° to 10° above the horizontal and reduced
intensity to 1/10 of peak intensity from 10° to 15° above the
horizontal; and
d. for flashing beacons, a flash rate of 75 415)flashes per minute.
2. Color:
a. Ambulances. In accordance with Federal Specification KKK-A-
1822B.
b. Aircraft Rescue and Fire Fighting Vehicles. Red or a combination of
red-and-white flashing beacons.
c. Airfield Service Vehicles. Yellow flashing beacons.
d. Aircraft Support Vehicles. Yellow or red steady burning beacons.
Steady burning beacons are a means of distinguishing apron and
aircraft support vehicles from airfield service vehicles.
e. Airport Security Vehicles. Signal Blue or a combination of red-and
Signal Blue flashing beacons.
f. Other Vehicles. Yellow flashing beacons.
3.2 COORDINATION WITH AIRCRAFT MOVEMENTS
During the time that the Contractor is performing the work, portions of the aprons,taxiways
and runways at the airport may remain in use by aircraft,except when work is actually being
accomplished. To the extent feasible and convenient in the opinion of the Airport Manager,
Safety Officer and Engineer, and to the extent permitted by the Federal Aviation
Administration, the use by aircraft of runways and taxiways adjacent to areas where the
Contractor is working, will be scheduled as to reduce disturbance to the Contractor's
operations. Aircraft operations, unless otherwise specified in the contract specifications,
shall always have priority over any and all of the Contractor's operations and the Contractor
shall not allow his/her employees,subcontractors,materials or any other persons over whom
he/she has control,to enter or remain upon or allow any plant or materials to be brought or
to remain upon any part of the airport,which in the opinion of the Safety Officer or Engineer,
would be a hazardous location. Should aprons, runways or taxiways be required for
use of aircraft and should the Safety Officer or Engineer deem the Contractor to be
too close to the portion used by aircraft for safety, he may, at his sole discretion,
order the Contractor to suspend operations and remove personnel,plant,equipment,
and materials to a safe distance and stand by until the runway and taxiways are no
longer required for use by aircraft.
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3.3 SPECIAL PROVISIONS FOR PROTECTION OF CABLES, CONTROLS, LIGHTING
IFIXTURES, NAVAIDS,AND WEATHER BUREAU FACILITIES.
A. General: The Contractor is hereby informed that there are or may be installed on
the airport FAA NAVAIDS, which may include, without limitation, ASR, UHF, and
I VHF Receivers and Transmitters; U.S.Weather Bureau facilities;electric cables and
controls relating to NAVAID and facilities; and other electric power cables serving
other facilities. Such NAVAIDS, Weather Bureau and other facilities, and electric
Icables must be fully protected during the entire construction time. Work under this
contract can be accomplished in the vicinity of these facilities and cables only at
approved periods of time. Approval is subject to withdrawal at any time because of
I changes in weather,emergency conditions on the existing airfield areas,anticipation
of emergency conditions, and for any other reason determined by the Engineers
acting under the orders and instructions of the airport management and/or the
I designated FAA representative. Any instructions to this Contractor to clear any
given area,at any time,by the Engineer or the airport management(by radio or
other means) shall be immediately executed. Construction work shall be
commenced in the cleared area only when additional instructions are issued by the
' proper authorities.
B. Location: Power and control cables leading to and from any FAA NAVAIDS,
I
Weather Bureau and other facilities,will be marked, if possible and upon request, in
the field by the appropriate personnel for the information of the Contractor, before
any work in their general vicinity is started.Thereafter,through the entire time of this '
I construction,they shall be protected from any possible damage, including crossing
with unauthorized equipment, etc.
I C. Repairs: The Contractor shall immediately repair, with identical material by skilled
workmen, any underground cables serving FAA NAVAIDS, Weather Bureau and
other airport facilities,which are damaged by his workmen,equipment or work. Prior
I approval of the FAA must be obtained for the materials,workers,time of day or night,
method of repairs and for any temporary or permanent repairs the Contractor
proposes to make to any FAA NAVAIDS and facilities damaged by the Contractor.
Prior approval of the Engineer or of the representative designated by the airport
I management must be obtained for the materials,workers, time of day or night and
for the,method of repairs for any temporary or permanent repairs the Contractor
proposes to make to any other airport facilities and cables damaged by this
IContractor.
D. Costs for Disruption: It is recognized that the Owner will incur costs for employees'
I salaries,engineering fees and otherwise in connection with the damage, inspection
and repair of any such damage caused by the Contractor;and consequently,that the
airport may incur loss of income by reason of the diversion of aircraft traffic from the
I airport, resulting from interruption of the use of airport facilities; and that such
expenses and loss of income are not measurable now and may not be reasonably
ascertainable at the time of any incident caused by this Contractor. The airport and
I the Contractor hereby agree to the assessment of liquidated damages in lieu of such
expenses of other damages incurred by the airport or other owners. In addition to
the obligation of this Contractor to immediately repair any cables or facilities
damaged by the Contractor within three feet of the location on the ground designated
Iby appropriate personnel, as set forth above, the sum of$2,000 shall be deducted
from any money due the Contractor, or if no money is due the Contractor,the airport
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shall have the right to recover said sum or sums from the Contractor,from the surety,
or from both. The amount of these deductions are not considered penalties.
3.4 TEMPORARY RUNWAY OR TAXIWAY CLOSURE
A. Runway: When runway closure is required by construction activities,the following
procedures shall apply
During the period the runway is closed, it will be necessary to place a closed runway
X on both ends of the runway. The dimensions of the closed runway"X"are shown
in the plans.
If an entire runway is involved in construction, closed runway"X"s should be placed
immediately off runway ends.
The markings may consist of plywood or other material as approved by the Engineer.
Project specific operational conditions may require painting of closure "X"s.
The closed runway markings must remain in place at all times during the time the
runway is closed and shall be maintained in a good condition and firmly secured to
the satisfaction of the Engineer until the runway is reopened.
The closed runway markings shall be highly visible, yellow in color and provide a
good, essentially solid contrast to the runway or adjacent surface at all times.
B. Taxiway: Temporary taxiway closures shall be accomplished in accordance with
paragraph 3.8B and the requirements of the Safety Plan drawings.
3.5 CONSTRUCTION AREA MARKING
A. Flag lines,traffic cones,flashers and/or signs shall be used as necessary to clearly
separate all construction-maintenance from other parts of active air operations areas
and to identify isolated hazards, such as open manholes, excavation, areas under
construction, stockpiled material, waste areas and to identify FAA, airport and
National Weather Service facilities, cables, power lines, ILS critical and other
sensitive areas. Materials and placement shall be subject to the review and approval
of the Safety Officer or Engineer.
B. All barricades,temporary markers,flagline supports and other objects placed or left
in the safety area of an open runway,taxiway or taxilane shall be as low as feasible
(maximum of 18 inches unless otherwise approved). These materials shall be of low
mass and easily collapsible if impacted by an aircraft or component thereof. These
materials shall be weighted down or attached to the surface to reduce the chance of
movement by prop wash,jet blast,wing vortex or other wind currents. If affixed to
the surface, these materials shall be frangible at the ground.
C. Where feasible, cones should be used in lieu of barricades.
D. Where construction activities are adjacent to active air operations areas an
d must
remain closed and marked through nighttime hours, barricades equipped with totally
operational flashers shall be utilized to sufficiently protect aircraft from entering
closed areas. The Contractor shall have a designated representative on call 24
hours per day for emergency maintenance of airport hazard lighting and marking.
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3.6 EXCAVATION AND TRENCHES
I
A. Runways: Excavations and open trenches may be permitted up to 200 feet from
the centerline of an active runway,provided they are adequately signed, lighted and
I marked. In addition,excavation and open trenches may be permitted within 200 feet
of the runway centerline on a case-by-case basis, i.e., cable trenches, pavement
tie-ins,etc.,with the approval of the Engineer,the airport Safety Officer and the FAA.
I
B. Taxiways and Aprons: Excavation and open trenches may be permitted up to the
edge of structural taxiway and apron pavements,provided the drop-off is adequately
' signed, lighted and marked. Coordinate on a case-by-case basis with the Engineer
and the Safety Officer.
3.7 STOCKPILED MATERIAL
1
Extensive stockpiled materials will not be permitted within the construction areas without
I prior approval. Temporary stockpiles of material designated for reuse shall be located
outside the safety areas of active air operation surfaces and at maximum heights below the
Part 77 primary surface and 7:1 transitional surfaces originating at the outer extent of the
primary surface. Locations and elevations of temporary stockpiled material and haul routes
I
to and from temporary stockpiles shall be approved by the Engineer. Haul routes shall also
be outside the safety area of operational surfaces. Temporary stockpiles may be permitted
within otherwise restricted areas of runways and or taxiways when closed for extended
Iperiods of time.
3.8 MARKING AND LIGHTING OF CLOSED OR HAZARDOUS AREAS ON AIRPORTSI
A. Permanently Closed Runways and Taxiways: For runways and taxiways which
have been permanently closed, the lighting circuits should be disconnected. The
I threshold markings, runway designation marking and touchdown zone markings
should be obliterated and crosses should be placed at each end at 1,000 foot
intervals on closed runways. A cross is placed at each entrance of the closed
taxiway.
B. Temporarily Closed Runways and Taxiways: Temporarily closed runways are
treated in the same manner as in paragraph 3.8 A,except runway markings are not
I obliterated. Rather, crosses are usually of the temporary type (constructed of
material such as fabric or plywood)and they are required only at runway ends. The
crosses should be located on top of the runway numerals. For temporary marking,
I the dimensions of the crosses maybe reduced to permit use of standard sheets of 4
by 8 foot plywood. Temporarily closed taxiways are usually treated as a hazardous
area as explained in paragraph 3.8 D.
IC. Closed Airports: When all runways are closed temporarily, the runways are
marked as in paragraph 3.8 B and the airport beacon is turned off. When all
runways are closed permanently,the runways are marked as in paragraph 3.8 A,the
I airport beacon is disconnected and a cross is placed in the segmented circle or at
central location if no segmented circle exists.
ID. Hazardous Areas: Hazardous areas, in which no part of an aircraft may enter, are
indicated by use of barricades with alternate orange and white markings. The
barricades are supplemented with orange flags at least 20 by 20 inches square and
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are made and installed so that they are always in the extended position and properly
oriented. For nighttime use, the barricades are supplemented with flashing yellow
lights.The intensity of the lights and spacing for barricades,flags and lights must be
such to delineate adequately the hazardous area.
I
3.9 TEMPORARY RUNWAY THRESHOLD DISPLACEMENTS
Identification of temporary runway threshold displacements should be located outboard of
the runway surface. These could include outboard lights,Runway End Identification Lights
(REILS)and markings. The extent of the marking and lighting should be directly related to
the duration of the displacement as well as the type and level of aircraft activity. I
Requirements for work under this section, if necessary on a project, are identified on the
Construction Layout Plan or on the Safety Plan Drawings.
PART 4-MEASUREMENT AND PAYMENT
4.1 A single lump sum payment for'Safety Compliance' shall be made for all work relating to
Operational Safety during airport construction per the appropriate bid item. This item will
include, but not be limited to, payment for required closure/waming identifications, traffic
control personnel,construction warning signs and general administration of the Contractor's
Safety Plan activities. This item will be full compensation for the materials and for all
preparation and installation of these materials and for all labor, equipment, tools and
incidentals necessary to complete this item. The Contractor shall be paid accordingly for
"Safety Compliance" as a percent of completion of the actual work performed in each
schedule. The Engineer's determination of percent complete of services provided by the
Contractor shall be the final assessment for payment.
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SECTION 1200
1 PROJECT MEETINGS
IPART 1 GENERAL
1.1 DESCRIPTION
A. Work included: Included in this specification are the project requirements and
associated responsibilities for sponsoring, assisting and participating in project
Imeetings related to the project construction and coordination.
B. Related information and requirements:
I1. Summary of Work, Section 1010.
2. Sequencing and Phasing, Section 1046.
3. Gantt-Bar Chart Scheduling and Reporting, Section 1310.
1.2 QUALITY ASSURANCE
Project participants designated by the Contractor to attend project or construction
Imeetings shall have all required authority to commit the Contractor to solutions agreed
ill
upon at the meetings.
1.3 SUBMITTALS
A. Agenda Items: To the maximum extent practicable, at least 24 hours notice should
' be given to the Engineer in advance of the project or construction meetings
regarding all items to be added to the meeting agenda.
I B. Meeting Minutes: The Engineer shall compile minutes of each project or
construction meeting and will furnish three copies to the Contractor. The Contractor
shall review the minutes for content and correctness. If the Contractor finds
discrepancies or errors in the meeting minutes, they should be brought to the
Iattention of the Engineer immediately.
PART 2 -PRODUCTS
No products are required in this section
1 PART 3 - EXECUTION
3.1 PROJECT MEETINGS
I
{
A. Pre-Construction Conference: A mandatory Pre-Construction Conference shall be
held prior to the start of project construction. This conference is the appropriate and
I logical place for the participants (Owner, Engineer, Contractor, Subcontractors,
Suppliers, Utility Companies, End Users and all other involved parties) to discuss
and resolve the issues relating to the execution of the construction contract.
1
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Mandatory attendance shall be required of the Contractor, Subcontractors and
Suppliers performing work related to the construction contract. The Pre-
Construction Conference agenda topics for discussion or resolution shall include,but
not be limited to: progress payments, form of payment request, submittal
requirements, insurance and bonding requirements, surveying and staking,quality
control, labor requirements and reporting, correspondence and management
reporting,contract administration procedures,construction schedules and updating,
project safety requirements, regulatory and permitting requirements, coordination,
temporary facilities and controls,storage and staging areas, security, change order
requirements, record drawings, final payment and project close-out procedures.
The Notice to Proceed will typically be issued at the Pre-Construction Conference
when all contractual requirements are satisfied by the Contractor. The primary
purpose for this conference is to establish acceptable ground rules relating to the
contract requirements. This will insure that the Contractor understands the complete
project requirements and can coordinate the work to produce a completed project
within the allotted time constraints as specified in the contract.
Minimum Agenda Items (Distribution and Discussion):
1. Organization arrangement of Contractor's forces and personnel,
subcontractors, material suppliers and Engineer.
2. Channels and procedures for project communications.
3. Construction Schedules and completion dates.
4. Contract documents, including distribution of required copies of
original documents and revisions.
5. Processing of shop drawing and submittals to the Engineer for
review.
6. Processing of field decisions and change orders.
7. Rules and regulations governing performance of the work.
8. Procedures for safety, emergencies, security, quality control,
housekeeping and other related matters.
9. Progress payment procedures.
B. Construction Meetings.
1. Weekly Construction Meetings. Weekly"On-Site"construction meetings
will be required for the purpose of discussing and reviewing project status on
changes, progress, short-term scheduling, impacts to the construction
process, submittals, outstanding correspondence and resolving critical
issues or problems at the construction site. The Contractor,Subcontractors
and Supplier involved in the active prosecution of the work shall be in
attendance at all of the Weekly Construction Meetings.
Minimum Agenda Items:
PROJECT MEETINGS 1200-2
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A
I a. Review, revise as necessary and approve minutes of previous
meeting.
I b. Review progress of work since last meeting, including status of
submittals for approval.
Review work anticipated to occur in the forthcoming week.
IC.
d. Identify problems which may impede planned progress, both short
and long term.
I e. Develop corrective measures and procedures to
regain planned
9
schedule or avoid possible delays.
If. Review operational safety compliance and upcoming modifications
as appropriate.
I
g. Complete other current business.
2. Special Pre-operationaUlnstallation Meetings: These are special
Imeetings to be held prior to the construction and/or installation of sensitive
functions of a system or features during the execution of the construction
work. These meeting are generally called for and arranged by the Engineer
' but could also be requested by the Contractor for his/her Subcontractors
and/or Suppliers. The purpose of these meetings is to coordinate the
interface between all of the necessary project participants. At this meeting
I the Engineer shall reinforce and clarify the contract requirements related to
the system or feature of the work in question.
3.2 UTILITY CONTACTS. The Contractor is responsible for contacting the appropriate utility
I companies to mark the locations of utilities within the Project work area.
3.3 OTHER CONTRACTORS ON-SITE. Working within the project limits,the Contractor and
ISubcontractors shall cooperate and coordinate their work with other agencies and
contractors who may be working at the site. There are no other contractors anticipated to be
working at the site.
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PART 4-MEASUREMENT AND PAYMENT
I4.1 No separate measurement or payment to the Contractor will be made under this Section.
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SECTION 1310
I
GANTT BAR CHART SCHEDULING AND REPORTING
IPART 1 -GENERAL
1.1 DESCRIPTION
The scheduling of the work under the Contract shall be performed by the Contractor in
accordance with the requirements of this Section. Where submittals are required hereunder,
Ithe Contractor shall submit four copies of each submittal item.
1.2 INITIAL SCHEDULE SUBMITTALS
A. General Requirements: The Contractor shall submit two copies of the draft
construction schedule a minimum of three days prior to the Preconstruction
I Conference. The schedule document shall serve as the Contractor's Plan of
Operation for the Contract Time and to identify the manner in which the Contractor
intends to complete all work within the Contract Time.
I B. Engineer's Review: The Engineer and the Contractor shall meet to review and
1111 discuss the project schedule within 5 days after they have been submitted to the
Engineer. The Engineer's review and comment on the schedules shall be limited to
I Contract conformance(with the sequencing and milestone requirements as stated in
Section 1046"Sequencing and Phasing"). The Contractor shall make corrections to
the schedules necessary to comply with the Contract requirements and shall adjust
I the schedules to incorporate any missing information requested by the Engineer.
Corrected schedule(s) shall be resubmitted to the Engineer within 5 days after the
original meeting date.
I1.3 PROJECT SCHEDULE
}
A. Preparation Format The project schedule shall be either in a standard gantt/bar
' chart or computerized Critical Path Method (CPM) format. The schedule shall
indicate the major components of the project work by location and the sequence
relations between major components and subdivisions of major components.
I
B. Logic and Completion Requirements: The project schedule shall indicate the
P
relationships and time frames in which the various components of the work will be
I made substantially complete and placed into service in order to meet the project
milestones.
. Activity Identification and Detail: Sufficient detail shall be included for the(1)utility
IC
work by location, (2) surface restoration by location, (3) mechanical work, (4)
electrical work, (5)instrumentation and control work,and(6)other important work for
each major facility within the overall project scope. Planned durations and start
I dates shall be indicated for each work item subdivision.
. Presentation Format Each major component and subdivision component shall be
ID
accurately plotted on time scale sheets not to exceed 24-inch by 36-inch in size. Not
more than four sheets shall be employed to represent this overview information.
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1.4 TWO-WEEK SCHEDULE REQUIREMENTS
The Contractor will be requested to submit a two week working schedule each Monday
during the active construction portion of the project. These updates will show the necessary
operation or function of work with appropriate durations in a bar chart form. An example and
blank copy of this schedule are included in the Contract Documents.
A. General Requirements: Neither the submission nor the updating of the
Contractor's original project schedule submittal nor the submission, updating,
change or revision of any other report,curve,schedule or narrative submitted to the
Engineer by the Contractor under this Contract, nor the Engineer's review or
acceptance of any such report, curve, schedule or narrative shall have the effect of
amending or modifying,in any way,the Contract completion date or milestone dates
or of modifying or limiting,in any way,the Contractor's obligation under this Contract.
Only a signed,fully executed change order can modify these contractual obligations.
PART 2-PRODUCTS
Not Used
PART 3 -EXECUTION
Not Used
PART 4-MEASUREMENT AND PAYMENT
No separate measurement and payment will be made for the work under this Section. All costs
incurred or associated by the Contractor in preparing, updating and maintaining the schedule(s)
shall be incidental to all other bid items.
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TWO-WEEK WORKING SCHEDULE
EXAMPLE
PROJECT TWO-WEEK WORKING SCHEDULE
PROJECT NO.
OPERATION Day MON TUES WED THUR FRI SAT MON TUES WED THUR FRI SAT
OR FUNCTION
Date
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SECTION 1340
h
SUBMITTALS, SHOP DRAWINGS AND SAMPLES
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PART 1 -GENERAL
1.1 DESCRIPTION
' A. Work included: Whe
rever possible throughout the Contract Documents, the
minimum acceptable quality of workmanship and materials has been defined by
I manufacturer's name and catalog number, reference to recognized industry and
government standards, or description of required attributes and performance.
I To ensure that the specified products are furnished and installed in accordance with
design intent, procedures have been established for advance submittal of design
data and for their review by the Engineer.
IMake all submittals required by the Contract Documents,and revise and resubmit as
necessary to establish compliance with the specified requirements.
IB. Related information:
1. Individual requirements for submittals and substitutions may be described in
Ithe Sections of these Contract Documents pertaining to the item.
2. General Conditions of the Construction Contract,Articles 2.6,2.9,6.7,6.23,
I6.24, 6.25, 6.26, 6.27, 6.28, and 6.30.
1.2 QUALITY ASSURANCE
IA. Coordination of Submittals: Prior to each submittal, carefully review and
coordinate all aspects of each item being submitted and verify that each item and the
submittal for it conforms in all respects with the requirements of the Contract
IDocuments. By affixing the Contractor's signature to each submittal,certify that this
coordination has been performed.
I B. Certificates of Compliance: Certify that all materials used in the work comply with
all specified provisions thereof. Certification shall not be construed as relieving the
Contractor from furnishing satisfactory materials if, after tests are performed on
I
selected samples, the material is found to not meet specified requirements.
Show on each certification the name and location of the work, name and address of
I Contractor,quantity and date or dates of shipment or delivery to which the certificate
applies,and name of the manufacturing or fabricating company.Certification shall be
in the form of letter or company-standard forms containing all required data.
' Certificates shall be signed by an officer of the manufacturing or fabricating
company.
In addition to the above information, all laboratory test reports submitted with
ICertificates of Compliance shall show the date or dates of testing, the specified
requirements for which testing was performed, and results of the test or tests.
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1.3 SUBMITTALS
A. Submittal Schedule: Within 14 days after execution of the Agreement,and before I
any items are submitted for approval, submit to the Engineer two copies of the
schedule described in Article 2.1 of this Section. 1
B. Certificates of Compliance: Prior to installation of the materials,and as a condition
of acceptance, submit to the Engineer all Certificates of Compliance required.
C. Substitutions: Make all submittals of Shop Drawings, Samples, Requests for
Substitution, and other items, in strict accordance with this Section. When the
Contractor elects to use a material exceeding specifications for his convenience or
availability, he does so at his own expense unless approved by the Engineer.
D. Test Summary Submittal: The Contractor's testing lab will prepare a list of all
required submittals and minimum testing frequency of all materials. These shall be
identified by Section and Item numbers. This Test Summary shall be approved by
the Engineer prior to starting construction.
1.4 GUARANTEE
The Contractor shall bear ultimate responsibility for providing a complete working system
and shall guarantee that all installed system components are compatible and will provide for
the intended operation of the component and the system of which it is a part.
PART 2 -PRODUCTS
2.1 SUBMITTAL SCHEDULE
A. General: Compile a complete and comprehensive schedule of all submittals
anticipated to be made during progress of the work.
Include a list of each type of item for which Contractor's drawings, Shop Drawings,
Certificates of Compliance, material samples, guarantees, or other types of
submittals are required. Upon review and comment by the Engineer this schedule
will become part of the Contract and the Contractor will be required to adhere to the
schedule except when specifically otherwise permitted.
B. Coordination: Coordinate the schedule with all necessary subcontractors and
materials suppliers to ensure their understanding of the importance of adhering to
the approved schedule and their ability to so adhere. Coordinate as required to
ensure the grouping of submittals as described in Paragraph 3.2 below.
C. Revisions: Revise and update the schedule on a monthly basis as necessary to
reflect conditions and sequences. Promptly submit revised schedules to the
Engineer for review and comment.
2.2 SHOP DRAWINGS AND COORDINATION DRAWINGS 1
A. Scale and measurements: Make all Shop Drawings accurately to a scale
sufficiently large to show all pertinent aspects of the item and its method of
connection to the work.
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B. Prints required: Submit 7 copies of all Shop Drawings to the Engineer.
2.3 MANUFACTURERS' LITERATURE
Where contents of submitted literature from manufacturers includes data not pertinent to the
t submittal, clearly indicate which portion of the contents is being submitted for review.
2.4 SAMPLES
' A. Accuracy of samples: Samples
p s shall be of the precise article proposed to be
furnished.
B. Number of samples required: Unless otherwise specified, submit 2 samples,
es,one
of which will be retained by the Engineer.
IC. Reuse of samples: In situations specifically so approved by the Engineer, the
Engineer's retained sample may be used in the construction as one of the installed
items.
• 2.5 COLORS AND PATTERNS
' Unless the precise color and pattern is specifically described in the Contract Documents,
and whenever a choice of color or pattern is available in a specified product,submit accurate
color and pattern charts to the Engineer for review and selection.
2.6 SUBSTITUTIONS
' A. Approval required: The Contract is based on the standards of quality established
in the Contract Documents.
All products proposed for use, including those specified by required attributes and
' performance,shall require approval by the Engineer before being incorporated into
the work.
IB. See also. General Conditions 6.7.1, 6.7.2, and 6.7.3.
2.7 .AVAILABILITY OF SPECIFIED ITEMS
' A. Verification: The Contractor shall be responsible for verifying to his satisfaction that
all specified items will be available in time for installation during orderly and timely
progress of the work.
B. Notification: In the event specified items will not be available,the Contractor shall
notify the Engineer prior to receipt of bids.
_C. Delays: The costs of delays resulting from non-availability of specified items,when
such delays could have been avoided by the Contractor, will be the Contractor's
liability and shall not be borne by the Owner.
PART 3 -EXECUTION
' 3.1 IDENTIFICATION OF SUBMITTALS
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Gi02705WWFLEMSPECSIAIP SPECSV12105 SUBIA TALS 134O.DOC
A. General: Consecutively number all submittals. Accompany each submittal with a
letter of transmittal containing all pertinent information (item and section number)
required for identification and checking of submittals. Do not submit multiple
submittals under a single transmittal-each submittal needs to be addressed on its
own merit for acceptance or rejection.
B. Internal identification: On each copy of each submittal,and elsewhere as required
for positive identification,clearly indicate the submittal number in which the item was
included.
C. Resubmittal: Resubmittals shall include a new letter of transmittal with item and
section numbers as defined Section 3.1, Paragraph A.
D. Submittal log: Maintain an accurate submittal log for the duration of the Contract,
showing current status of all submittals at all times. The minimal required
information on the submittal log shall be the date it was transmitted, Contractors
transmittal number, description, subcontractor reference, specification reference,
Engineer's review status and date returned to the Contractor. The Contractor shall
submit his submittal with his progress payment application on a monthly basis. The
updated submittal log will be precedent to all progress payments unless otherwise
directed by the Engineer.
3.2 COORDINATION OF SUBMITTALS
A. General: Prior to submittal for review and comment, use all means necessary to
fully coordinate all material including, but not necessarily limited to:
1. Determine and verify all interface conditions, catalog numbers, and similar
data.
2. Coordinate with other trades as required.
3. Clearly indicate all deviations from requirements of the Contract Documents.
B. Grouping of Submittals: Unless otherwise specified, make all submittals in groups
containing all associated items to ensure that information is available for checking
each item when it is received. Partial submittals may be rejected as not complying
with the provisions of the Contract Documents and the Contractor shall be strictly
liable for all delays so occasioned. Full compliance of Section 3.1 is a understood
requirement of this section by the Contractor.
3.3 TIMING OF SUBMITTALS
A. General: Make all submittals far enough in advance of schedule dates for
installation to provide all time required for reviews,for securing necessary approvals,
for possible revisions and Resubmittals,and for placing orders and securing delivery.
B. Engineer's Review Time: In scheduling,allow at least 10 calendar days for review
by the Engineer following his receipt of the submittal.
C. Delays: Delays caused by tardiness in receipt of submittals will not be an
acceptable basis for extension of the Contract completion date. I
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3.4 ENGINEER'S REVIEW
I
A. General: Review by the Engineer shall not be construed as a complete check, but
only that the general method of construction and detailing is satisfactory. Review
Ishall not relieve the Contractor from responsibility for errors which may exist.
B. Authority to Proceed: The notations "No Exception Taken", "Make Corrections
Noted",and"Other",authorize the Contractor to proceed with fabrication, purchase,
Ior both, of the items so noted, subject to the revisions, if any, required by the
Engineer's review comments.
I C. Revisions: Make all revisions required by the Engineer. If the Contractor considers
any required revision to be a change, he shall so notify the Engineer as provided for
under "Changes" in the General Conditions. Show each drawing revision by
' number, date, and subject in a revision block on the drawing. Make only those
revisions directed by the Engineer.
' D. Revisions After Review and Comment: When a submittal has been reviewed by
the Engineer, resubmittal for substitution of materials or equipment will not be
considered unless accompanied by an acceptable explanation as to why the
substitution is necessary.
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PART 4- MEASUREMENT AND PAYMENT
I No separate measurement or payment to the Contractor will be made for the work required under
this Section.
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SECTION 1400
IQUALITY CONTROL
PART 1 -GENERAL
' 1.1 DESCRIPTION
. Work included: This section shall further describe project requirements for
IA
sampling, testing, and submittals required to control subgrade preparation; the
placement and completion of all aggregates, bituminous concrete and concrete
mixes to be used in accordance with these specifications and plans.
' B. Related information which describes detailed project requirements can be
found in the following sections:
I1. Earthwork Items:
Ia. Trench Excavation, Bedding and Backfill, Section 2221.
2. Aggregates:
Ia. Crushed Aggregate Base Course, Section 2231(ISPWC).
b. Shoulder Construction, Section 2233.
I3. Bituminous Products:
Ia. Bituminous Concrete Pavement, Section 2510, (ISPWC).
b. Bituminous Surface Repair, Section 2575.
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1.2 QUALITY ASSURANCE
' A. TESTING RESPONSIBILITY
1. The Engineer's independent testing lab shall be responsible for field testing
Ifor Subgrade Compaction and Aggregate Placement and final testing for
plant mix pavement acceptance and payment.
I 2. The Contractor's independent testing lab shall be responsible for laboratory
and field testing for Aggregate Source Approval, Asphalt Concrete and
Concrete Mix Design, and submittal.
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QUALITY CONTROL
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PART 2-PRODUCTS
2.1 QUALITY CONTROL SUBMITTALS AND REPORTS
A. The Contractor shall be required to make the necessary materials submittals to the
Engineer for review and approval prior to commencement of associated
construction.
B. The Engineer's quality control laboratory shall be responsible for preparation and
submittal of Final Testing Reports.
PART 3-EXECUTION
3.1 CONTRACTOR'S QUALITY CONTROL
The Contractor shall prepare surface conditions of each course as specified with regard to
compaction, horizontal and vertical tolerances, and proper moisture content before
contacting the Engineer for compaction testing.
3.2 ENGINEER'S QUALITY CONTROL AND ASSURANCE TESTING
The Engineer will test construction materials to determine if the Contractor's construction is
being accomplished in conformance with these specification requirements. Testing may
include verification of aggregate gradation,compaction,Proctor Values, asphalt extraction,
gradation, oil content and compaction.
3.3 CONSTRUCTION BY OTHERS
Utility trenches and other work completed by other Contractors and utility companies working
within the project limits shall be tested for specification conformance by individuals
responsible for that work. The Engineer may elect to direct an independent testing
laboratory to verify the test results of others. The Contractor shall inspect finished work by
others prior to commencing subsequent work as required by this project. Any deficiencies
noted shall be brought to the attention of the Engineer prior to starting work.
3.4 MATERIAL AND CONSTRUCTION REQUIREMENTS
A. ASTM D-698 requirements shall be used for this construction.
B. Asphalt plant mix shall meet the requirements of the 2002 edition of the ISPWC for
3/4-inch maximum sized aggregates and a 50-blow Marshall mix, or meet the
requirements for the Idaho Transportation Department Class 2 mix, based on the
Vheem mix formula. Contractor may submit a request for substitution of 1/2-inch
maximum sized aggregate to the Engineer for approval.
C. Contractor shall submit a certified mix design not less than 10 days prior to paving 1
for Engineer's approval.
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QUALITY CONTROL
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3.5 STRAIGHT EDGE
The Contractor shall supply a 12-foot and a 16-foot lightweight straightedge for project
control during aggregate and plant mix placement phases.
' 3.6 PAVEMENT CORE PATCHING
The Contractor shall patch core holes in new pavements to the satisfaction of the Engineer.
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The holes shall be cleaned,edges tacked and filled flush with compacted hot plant mix fines.
3.7 AGGREGATE SOURCE AND PRODUCTION TESTING
IA. Source Approvals: The Contractor's lab shall perform tests on each source used
for project aggregates in conformance with the requirements of ISPWC and submit
I test results to the Engineer for review and approval. Tests from previous projects
may be allowed only if the Engineer accepts them as corresponding to the materials
�•, to be used on the project.
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B. Aggregate Production Testing: The Contractor's lab shall perform aggregate
production control tests on aggregates to be used on the project in conformance with
the requirements of ISPWC and submit test results to the Engineer for review and
Iapproval. Aggregates meeting project specifications shall be stockpiled separately
from those not meeting the requirements.
I Aggregate production tests shall identify product, specification requirements, and
conformance or non-conformance to criteria.
IPART 4-MEASUREMENT AND PAYMENT
Payment for Contractor Quality Control shall be made at the contract unit price and shall be full and
complete compensation for this item.
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SECTION 1430
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LEAKAGE TESTS
IPART 1 -GENERAL
1.1 DESCRIPTION.
A. Work included: All pipelines, precast and cast-in-place concrete structures, and
tank structures are required to be watertight and shall be tested for water tightness
Iby the Contractor.
B. Related work described elsewhere: All specific testing requirements contained in
' other construction specification sections.
1. Division 400-Water, of the 2002 edition of the IDAHO STANDARDS FOR
PUBLIC WORKS CONSTRUCTION (ISPWC), as amended and as
I supplemented or modified herein or on the drawings.
2. Division 500-Sewer, of the 2002 edition of the IDAHO STANDARDS FOR
IPUBLIC WORKS CONSTRUCTION (ISPWC), as amended and as
supplemented or modified herein or on the drawings.
IPART 2 -PRODUCTS
No products this Section.
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PART 3 -EXECUTION
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3.1 TESTS AND PROCEDURES.
A. General: The Contractor shall notify the Engineer when the work is ready for testing
and of his intention to commence testing. A minimum of 24 hours notice shall be
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provided to the Engineer prior to commencing actual tests. The Contractor shall
provide all manpower and testing equipment required to conduct a proper leakage
test. Procedures and equipment shall be approved prior to final scheduling of the
' test.
B. Testing of liquid holding structures: Leakage tests of tanks and other liquid
I holding structures shall be made before the exterior of the structure is backfilled,
damp-proofed or coated. The structures shall not infiltrate or exfiltrate water.
I It shall be the Contractor's responsibility to obtain and supply the water necessary for
testing and shall coordinate the same with the Engineer. Following the testing,the
water shall be disposed of as approved by the Engineer. Tanks for storing potable
water shall be disinfected in accordance with AWWA D 105 following all leakage
I testing and necessary repairs which may be required.
The exterior surface of the structure will be inspected for leakage. Special attention
Iwill be given to construction joints.
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Testing will take place prior to the placement of any equipment in the tank.
Following testing and approval, the tanks can be damp-proofed,jbackfilled and
equipment placed.
C. Testing of dry areas: Infiltration tests for buildings,vaults and manholes and other
dry structures shall be performed by the Contractor during construction._ Any
weeping, leaching,or infiltration shall be repaired to the satisfaction of the Engineer.
D. Water for testing and flushing: It shall be the Contractor's responsibility to
coordinate with the appropriate authorities to obtain water for testing,flushing, and
any other required uses.
3.2 LEAKAGE STANDARDS
The following table provides reference information for determining allowable leakage.
TABLE OF LEAKAGE STANDARDS
ITEM REFERENCE
Water Distribution Pipe Lines ISPWC Section 401
Sewage Collection Pipelines ISPWC Section 501
Manholes ISPWC Section 502
Precast Structures, Wet Well, Vault ISPWC Section 502
PART 4-MEASUREMENT AND PAYMENT
No measurement or payment this section, leakage testing shall be considered incidental to work
items requiring leakage tests.
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SECTION 1500
ITEMPORARY FACILITIES AND CONTROLS
IPART 1 -GENERAL
1.1 DESCRIPTION
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A. Work included: Temporary facilities and controls required for this work include,but
are not necessarily limited to:
I1. Temporary utilities such as heat, water, electricity, and telephone.
2. Field offices and sheds.
3. Sanitary facilities.
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4. Enclosures such as tarpaulins, barricades, and canopies.
5. Fencing of the construction area.
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B. Related work described elsewhere:
I Except that all equipment furnished by Subcontractors shall comply with all
requirements of pertinent safety regulations,the ladders, planks, hoists, and similar
items normally furnished by the individual trades in execution of their own portions of
' the work are not part of this Section.
Permanent installation and hook-up of the various utility lines are described in the
Ipertinent other Sections of these Specifications.
1.2 PRODUCT HANDLING
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Use all means necessary to maintain temporary facilities and controls in proper and safe
condition throughout progress of the work.
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1.3 JOB CONDITIONS
Make all required connections to existing utility systems with minimum disruption to services
I in the existing utility systems. When disruption of the existing service is required, do not
proceed without the Engineer's approval and, when required, provide alternate temporary
service.
PART 2- PRODUCTS
2.1 UTILITIES
A. General: All temporary facilities shall be subject to the Engineer's approval.
IB. Water: Furnish and install all necessary temporary water lines and water supply
and, upon completion of the work, remove all such temporary facilities.
TEMPORARY FACILITIES AND CONTROLS 1500-1
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C. Electricity: Furnish and install all necessary temporary wiring and,upon completion
of the work, remove all such temporary facilities.
Furnish and install area distribution boxes so located that the individual trades may
use 100 foot maximum length extension cords to obtain adequate power and
artificial lighting at all points where required for the work, for inspection and for
safety.
The Contractor will furnish all electricity needed for construction, at no cost to the
Owner.
D. Heating: Provide and maintain all heat needed for proper conduct of all operations
included in the work at no cost to the Owner.
E. Telephone: Make all necessary arrangements and pay all costs for operation and
installation of telephone service(not pay phone)to the Engineer's office for his own
use. The Engineer's telephone will provide service on a line separate from the
Contractor to an established telephone exchange.
2.2 FIELD OFFICES AND SHEDS
A. Contractor's Facilities: If desired, provide a field office building and sheds
adequate in size and accommodation for all Contractor's offices,supply and storage.
Locate at a site agreed upon by the Contractor and the Engineer.
Within the Contractor's facilities, if specified, provide enclosed space adequate for
holding weekly project meetings. Furnish with all required tables,chairs,and utilities.
The entire facility, including furniture,will remain the property of the Contractor and
shall be removed from the site after completion of the work.
B. Engineer's Field Office: The Contractor shall provide a field office for the private
use of the Engineer and his/her representatives. The office shall be located at a site
agreed upon by the Contractor and the Engineer.The office shall be equipped with
three desks and chairs,lighting,heating and telephone service.The minimum usable
floor space shall be 200 square feet.Two of the three desks will be used for drafting
and shall have minimum top dimensions of 3 feet x 5 feet. All expenditures incurred
by this office shall be included in the cost of the project with the exception of long
distance telephone billing.
2.3 SANITARY FACILITIES: Provide temporary sanitary facilities in the quantity required, for
use of all personnel. Maintain in a sanitary condition at all times.
2.4 ENCLOSURES
Furnish, install, and maintain for the duration of construction all required scaffolds,
tarpaulins, barricades, canopies, warning signs, steps, bridges, platforms, and other
temporary construction necessary for proper completion of the work in compliance with all
safety and other regulations.
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TEMPORARY FACILITIES AND CONTROLS 1500-2
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2.5 ACCESS
Provide and maintain all required access to the work in strict accordance with all regulations
governing the Contractor's use of the site.
PART 3 -EXECUTION
3.1 MAINTENANCE AND REMOVAL
4 ' Maintain all temporary facilities and controls as long p ry gas needed for the safe and proper
completion of the work. Remove all such temporary facilities and controls as rapidly as
progress of the work will permit, or as directed by the Engineer.
PART 4-MEASUREMENT AND PAYMENT
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No separate payment will be made for the work under this Section.
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SECTION 1567
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I EROSION CONTROL
PART 1 -GENERAL
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1.1 DESCRIPTION
IA. Work included:.The work under this Section includes measures to control water
pollution and soil erosion during construction. The Contractor shall maintain all
erosion control facilities during construction and for such length of time after
Icompletion of the Work as may be required.
B. Related Work described elsewhere:I
1. Summary of, Work Section 1010, Paragraph 3.4 Force Account Work
Allowance.
1.2 QUALITY ASSURANCE
A. The Contractor shall comply with the requirements of the Idaho "Water Quality
Control Act" and amendments thereto, and all rules and regulations adopted
thereunder as well as the requirements of the Section.
I B. The contractor shall comply with all pertinent regulations and permits required for
completion of this work.
IPART 2 -PRODUCTS
2.1 SILT FENCE
ISilt fence shall be constructed using steel "T" or"U"type posts or 2"Hardwood posts;filter
cloth shall be Filter X, MIRAFI 100X, Stablika T140N (or approved equal); fence shall be
woven wire 14 gauge minimum, with a 6"maximum mesh opening.
' 2.2 STRAW BALE DIKE
I Straw bale dike shall be constructed using straw bales weighing a minimum of 40 lbs/bale.
Bale shall be anchored using 2 rebars, steel pickets or 2"X 2"stakes.
111 PART 3 - EXECUTION
3.1 GENERAL
IA. It is the Contractor's responsibility to prevent offsite siltation of any kind. Methods
shown on the plans are the minimum protection procedures required and should be
Isupplemented by additional methods as necessary.
B. The Contractor shall be responsible for limiting the surface area of earth materials
exposed during construction,and to immediately provide pollution control measures
Ito prevent contamination of adjacent water bodies.
EROSION CONTROL 1567 - 1
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C. Care shall be taken to prevent damage to any water body from pollution by debris,
sediment, or from the manipulation of equipment and/or materials in or near such
water bodies.
3.2 SILT FENCE
A. When directed by the Engineer,the Contractor shall install silt fence in areas where
the soil will be distributed or as directed by the Engineer. The posts shall extend into
the ground at least 16" and shall be spaced a maximum of ten (10) feet apart. A
trench 6" wide and 12' deep along the upslope side of the line of posts shall be
excavated. The lower edge of the fabric shall be placed in the trench. The trench
shall be backfilled with compacted soil or gravel. The height of the fence shall be at
least 20"above the undisturbed ground. The fabric may not be attached to trees. If
joints are required,the Contractor shall submit his method of splicing for review and
approval by the Engineer.
Silt fences shall be monitored for damage, sagging and channels eroding beneath
the silt fence. The silt fences shall be maintained immediately after each rainfall
event and sediment shall be removed when it reaches 8"in depth.
The silt fences shall be removed as directed by the Engineer, and sediment shall be
spread to conform with the existing ground.
3.3 STRAW BALE DIKE
When directed by the Engineer, the contractor shall install straw bale dikes in areas where
the soil will be distributed or as directed by the Engineer. Bales shall be placed at the toe of
a slope, on the contour, or in the path of flow with ends tightly abutting the adjacent bales.
Each bale shall be embedded in the soil a minimum of 4 inches and placed so the bindings
are horizontal.
Bales shall be securely anchored in place by either two stakes or rebars driven through the
bale. the first stake in each bale shall be driven toward the previously laid bale at an angle
to force the bales together. Stakes shall be driven flush with the bale.
Straw bale dikes shall be monitored for damage and repair and replacement shall be made
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promptly as required or directed by the Engineer.
The straw bale dikes shall be removed when they have served their usefulness so as not to
block or impede storm flow or drainage, or as directed by the Engineer.
3.4 MULCH AND SEED
A. When directed by the Engineer the disturbed area shall be seeded and mulched
immediately after the silt fence has been removed.
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1567 -2
EROSION CONTROL
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PART 4-MEASUREMENT J.
I4.1 SILT FENCE
. Measurement and payment shall be by the linear foot, and shall include full and
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complete compensation for completing the work including all materials, equipment, ,
and labor necessary for installation, maintenance and removal.
4.2 STRAW BALE DIKE
A. Measurement and payment shall be per each installed, and shall include full and
I complete compensation for completing the work including all materials, equipment,
and labor necessary for installation, maintenance and removal.
1 4.3 MULCH AND SEED
A. Measurement and payment shall be per square yard.
IPART 5-BASIS OF PAYMENT
When erosion control is required by the Engineer, payment shall be made from the force
I account bid item included in each bid schedule. Payment will include full and compete
compensation for completing the work including all required labor and equipment.
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EROSION CONTROL 1567-3
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SECTION 1610
IMATERIALS-ON-HAND
PART 1 -GENERAL
1.1 DESCRIPTION
A. Work included: included in this specification are the project requirements that the
IContractor shall comply with to receive credit and payment for selected materials-on-
hand that have not been incorporated into the work.
I1.2 SELECT MATERIALS FOR PAYMENT
A. Specified Materials: Selected materials-on-hand for payment consideration shall
Iinclude the following materials and/or bid items.
1. Sanitary sewer pipe, fittings and appurtenances.
IPART 2 -PRODUCTS
No Products are required in this section.
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PART 3- EXECUTION
III
3.1 NOTIFICATION FOR MATERIALS-ON-HAND
A. Notification: The Contractor shall submit a written intention for consideration of
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materials-on-hand including supplier's invoicing on or before the 15th day of the pay
period. A pay period is defined as the number of days in the month in question and
the first day of the pay period is the first day of the month.
IB. Quantifying: On or about the 25th day of the pay period or at the monthly progress
meeting the Engineer and the Contractor shall agree on the actual quantities of
materials-on-hand that are not incorporated into the work for payment. All materials-
' on-hand shall be properly stored at the construction site or at a designated storage
facility acceptable to the Engineer before consideration of payment will be made by
the Engineer.
I C. Time Requirement for Notification: Anyand all request for payment of materials- f
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on-hand after the 15th day of the pay period shall not be considered until the next
t ' consecutive pay period, irreguardless of when the specific material(s)arrive on site
or at the designated storage facility.
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1610-1
MATERIALS-ON-HAND
&U0214SWHWiES\SPECSMIP SPECSSO216 MATERIALS ON HAND 1610DOC
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PART 4-MEASUREMENT AND PAYMENT
A. Measurement: Measurement will be made on actual quantities of materials-on-
hand requested by the Contractor in writing on or before the 15th day of the pay
period. Only the items of materials-on-hand not incorporated into the product or
work shall be considered for payment in the application for monthly progress
payments to the Contractor. The actual amount of payment to the Contractor for
materials-on-hand shall be the invoiced unit price of the item(s)times the number of
unit(s) not incorporated into the product or work at the end of the pay period.
B. Payment: Payment for materials-on-hand is a temporary or interim payment to the
Contractor for materials cost on long lead items as specified in this section. Once
the materials are incorporated into the work the actual reimbursement for materials-
on-hand payment will be deducted from the Contractor's eligible amount of materials-
on-hand extended in the monthly progress payments.
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1610-2
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SECTION 1710
ICLEANUP
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PART 1 -GENERAL
- 1.1 DESCRIPTION
A. Work included: Throughout the construction period and at the completion of the
work, the Contractor shall maintain the project site to the standard of cleanliness
Idescribed in this section.
B. Related work described elsewhere: In addition to the general standards
I described in this Section,the Contractor shall comply with all specific requirements
for cleaning or cleanup as described in various other sections of these specifications.
1.2 QUALITY ASSURANCE
A. Inspection: The Engineer and/or the Contractor shall conduct regular inspections to
verify that requirements of cleanliness are being met.
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B. Codes and Standards: In addition to the standards described in this Section, the
Contractor shall comply with all pertinent requirements of other agencies having
' jurisdiction over this Project.
PART 2 -PRODUCTS
1 2.1 CLEANING MATERIALS AND EQUIPMENT
The Contractor shall provide all required personnel, equipment and materials needed to
' maintain the specified standards of cleanliness.
2.2 COMPATIBILITY OF CLEANING PRODUCTS
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Onlythe cleaning materials and equipment which are compatible 9p tible with the surface being
cleaned, as recommended by the manufacturer of the material or as accepted by the
I Engineer shall be used.
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PART 3 -EXECUTION
I3.1 PERIODIC CLEANUP
I All items to be used on the project shall be stored in an orderly arrangement allowing for
maximum access. Stored materials should not impede drainage or traffic. Stored materials
shall be placed and protected per the manufacturer's recommendations.
IRunway and Taxiway cleanup shall be done as often as directed or as safety conditions
require. See Airport Project Safety Procedures, Section 1110-1.2.
IThe Contractor shall not allow the accumulation of scrap, debris, waste material or other
items not required for construction of the project to accumulate on the work site.
CLEANUP 1710-1
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The Contractor shall, at least twice each month or more often if necessary, collect and
remove from the job site all scrap, debris and waste material and disposed of it in an
appropriate disposal area.
Storage of all items awaiting removal from the job site shall be done in such a manner as to
minimize fire hazard or environmental damage.
The Engineer may require the Contractor to wash down or broom paved areas periodically
during the progress of work.
3.2 FINAL CLEANUP
A. General: Prior to completion of the work,the Contractor shall remove from the work
site all tools, surplus materials, equipment, scrap, debris and waste.
B. Site: Unless otherwise specifically directed by the Engineer, the Contractor shall I
broom clean all paved areas on the site and all public paved areas directly adjacent
to the site. All resultant debris shall be completely removed.
Graveled parking or driveway areas within or adjacent to the work site which have
had excavated or other loose materials stockpiled on them shall be scraped clean
down to the original surface. Replacement of gravel materials may be required to
restore the surface to its original condition.
Grassed areas within or adjacent to the work site shall be scraped and raked clean I
to the original grass or soil level. All stones larger than 3/inch in diameter and other
loose debris shall be picked up and removed.
C. Structures:
1. Definition: Except as otherwise specifically provided, "clean" (for the
purpose of this Section)shall be interpreted as meaning the level of cleanli-
ness generally provided by skilled cleaners using commercial quality building
maintenance equipment and materials.
2. Exterior: The Contractor shall visually inspect all exterior surfaces an
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remove all traces of soil,waste material, smudges and other foreign matter.
He/she shall remove all traces of splashed materials from adjacent surfaces.
If necessary to achieve a uniform degree of exterior cleanliness,the exterior
of the structure shall be hosed down. In the event of stubborn stains not
removable with water, the Engineer may require light sandblasting or other
special cleaning.
3. Interior: The Contractor shall visually inspect all interior surfaces and
remove all traces of soil,waste material, smudges and other foreign matter.
He/she shall remove all traces of splashed materials from adjacent surfaces
and remove all paint drippings, spots,stains and dirt from finished surfaces.
Only appropriate cleaning materials and equipment shall be used.
4. Glass: All glass shall be cleaned inside and out.
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5. Polished surfaces: To all surfaces requiring the routine application of buffed
I polish, the Contractor shall apply the polish recommended by the
manufacturer.
D. Timing: The Contractor shall schedule final cleaning and cleanup to enable the
I Owner,to accept a clean, finished project.
PART 4-MEASUREMENT AND PAYMENT
4.1 No measurement or payment this section, clean up of the work site shall be considered
in.idental to project work.
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' IV SPECIFICATIONS
Division Two-Site Work
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SECTION 2221
,' I TRENCH EXCAVATION, BEDDING AND BACKFILL
PART 1 -GENERAL
1.1 DESCRIPTION
A. This Section of the Specifications covers the procedures to be followed for trench
' excavation, bedding and backfill. This item shall consist of all necessary clearing,
grubbing and site preparation; traffic control devices, removal of all material of
whatever description that may be encountered; removal and disposal of debris;
handling and storage of materials to be used for fill and backfill; all necessary
bracing, shoring and protection; pumping and dewatering as necessary; all backfill,
r preparation of subgrades; and final grading, dressing and cleanup of the site.
B. When sufficient suitable material is not available at the trench side to properly bed
the pipe, the Contractor shall import material for this purpose. Imported bedding
material will be placed around the pipe to dimensions shown on the plans.
C. Related Work Described Elsewhere:
I1. Airport Project Safety Procedures, Section 1110
1 2. Water Distribution, Section 2665
3. Sanitary Sewer Systems, Section 2730
' 4. Precast Structures, Section 3413
' 1.2 QUALITY ASSURANCE
All work shall be done in conformance with the Idaho Specifications for Public Works
, Construction(ISPWC). The Contractor shall maintain a minimum of one copy of the ISPWC
Imanual on site during construction.
PART 2 - PRODUCTS
2.1 BEDDING MATERIALS
All pipe bedding materials shall conform to Section 302 of the ISPWC.
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PART 3 -EXECUTION
I3.1 TRENCH EXCAVATION
Excavation shall be classified as rock excavation or common excavation. Common
' excavation shall be that material which is removable through the use of mechanical
excavation equipment such as backhoes, trackhoes, trenchers, etc., and manually using
shovels, picks, etc. Specification Section 2223 will define and control rock excavation.
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3.2 PIPE BEDDING
A. If, in the Engineer's opinion, the trench excavation has material suitable for pipe
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bedding,grade the bottom of the trench by hand with a uniform bedding of selected
trench side material to a thickness of four(4)inches,placed,leveled and compacted
to grade in advance of the pipe laying. If the trench is over-excavated, rebuild the
over-excavated section of the trench with imported foundation stabilization material
at no additional cost to the Owner. Excavate bell holes at each joint to permit proper
assembly and inspection of entire joint.
B. Selected trench side material used for bedding in the initial fill shall contain no rock,
frozen soil, or other pieces of material larger than three-fourths(3/4) inch for PVC
pipe. Bedding stated above shall be carried to a height six (6) inches above the
pipe, placement of materials above this zone shall be made with care so to protect
the pipe from crushing. Contractor shall not allow backfill materials to be dropped
from a height exceeding 3 feet above the top of previously placed material.
Contractor shall be responsible for all damage resulting from crushed, or otherwise
damaged pipe after placement in trench. I
C. Handling, placement and compaction of non-imported standard bedding material will
be considered incidental to the installation of the pipe, and no extra payment will be
made for this work.
3.3 IMPORTED BEDDING
Imported bedding material shall be placed and compacted at the direction of the Engineer,in
advance of the pipe to provide a cradled bed four(4) inches in thickness that is firm and
unyielding along the entire pipe length. If the trench is over-excavated, rebuild
over-excavated sections of the trench with imported foundation stabilization material at no
additional cost to the Owner. Bell Holes shall be excavated to accommodate projecting
joints and to allow for support along the barrel of the pipe. As bedding material is placed
beside the pipe, particular attention must be given to insure that firm support is obtained to
prevent any lateral movement during subsequent backfill operations and proper compaction
to prevent deflection in flexible pipes. Imported bedding material in the gradation stated shall
be carried to a height six (6) inches above the pipe. Backfill from six (6) to twelve (12)
inches above the pipe shall be from selected trench side material with pieces no larger than
one and one-half (1-1/2) inches. The Contractor shall hand tamp all imported bedding
around the pipe haunches to provide firm and unyielding support of the sewer main.
Imported bedding shall conform to ISPWC Section 302.02.
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3.4 TRENCH BACKFILL. x
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Backfill shall be classified as follows:
1.Type 1 Backfill and Surface Repair
A. Type 1 Backfill shall conform to ISPWC Section 300. Type 1 surface repair shall
conform to specification Section 2575.
,
B. Special care shall be taken to assure the complete compaction under the haunches
and around the pipe. Compaction of bedding material, backfill and aggregate base
' course shall not be less than 100%of the maximum density as determined by ASTM
698. Water settling will not be allowed.
ICDo not push or dump the backfill material into the trench in such a way as to permit
.
free fall of the material into the open trench until at least two (2) feet of cover is
provided over the pipe. Under no circumstances allow sharp, heavy pieces of
material to drop directly onto the pipe or the tamped material around the pipe.
I Rocks, clods and consolidated masses shall not be used in backfill of trenches.
D. If the removal of unsuitable backfill material, or any other cause, results in a
' deficiency in the amount of material available to complete the backfilling of any
portion of the trench, the Contractor shall, at his expense and from his own source,
import backfill material in such quantity as may be required to complete the
' backfilling of the trench, except as noted below for IMPORTED BACKFILL.
E. Mechanical compaction methods are considered the standard for consolidation of
backfill materials.
Any subsequent settlement of the trench durinq the guarantee period shall be
' considered to be the result of improper compaction and shall be corrected at no
expense to the Owner.
2.Type 2 Backfill and Surface Repair
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A. Type 2 backfill and surface repair shall conform to the requirements of ISPWC
Section 300.
IB. Special care shall be taken to assure the complete compaction under the haunches
and around the pipe. Compaction of bedding material and backfill,whether native or
I imported, shall not be less than 95% of the maximum density as determined by
ASTM 698. Water settling will not be allowed.
ICDo not push or dump the backfill material into the trench in such a way as to permit
.
free fall of the material into the open trench until at least two (2) feet of cover is
provided over the pipe. Under no circumstances allow sharp, heavy pieces of
material to drop directly onto the pipe or the tamped material around the pipe.
' Rocks, clods and consolidated masses larger than an 8-inch cube or 1/3 cubic foot
shall not be used in backfill of trenches.
D. If the removal of unsuitable backfill material, or any other cause, results in a
I deficiency in the amount of material available to complete the backfilling of any
portion of the trench, the Contractor shall, at his expense and from his own source,
ITRENCH EXCAVATION, BEDDING AND BACKFILL 2221-3
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import backfill material in such quantity as may be required to..complete the
backfilling of the trench, except as noted below for IMPORTED BACKFILL.
E. Mechanical compaction methods are considered the standard for consolidation of
backfill materials. Under special conditions, wafer settlement may be allowed, but .
only after written permission has been obtained from the Engineer.
Any subsequent settlement of the trench during the guarantee period shall be
considered to be the result of improper compaction and shall be corrected at no
expense to the Owner.
3.5 GRADE.
Carry the bottom of the trench to the lines and grades shown or as established by the
Engineer with proper allowance for pipe thickness and for bedding when required. Correct
any part of the trench excavated below the grade at no additional cost to the Owner, with
gravel of the type specified for pipe base under pipe by placing the gravel over the full width
of trench in thoroughly compacted layers not exceeding six 6 inches to the established
grade.
3.6 TRENCH DIMENSIONS.
A. Except by permission of the Engineer,the maximum length of open trench shall be
200 feet or the distance necessary to accommodate the amount of pipe installed in a
single day, whichever is greater.
B. The width of the trench shall be such to provide adequate working room for men to
install the pipe as specified. The width of the trench from the bottom of the
excavation to a point five feet above the bottom shall be a minimum of 2 feet for pipe
sizes 12 inches and under and approximately 2.5 feet plus the outside diameter for
pipe sizes greater than 12 inches. Above the five foot point,the side of the trenches,
unless shoring or sheeting is used or in rock excavation, shall be sloped back no
steeper than one foot rise per one foot horizontal (1:1).
3.7 SHORING, SHEETING AND BRACING OF TRENCHES.
Whenever necessary to prevent caving, protect his workmen, adjacent structures, or
property, the Contractor shall adequately sheet and brace the trench. Where sheeting and
bracing are used, increase trench widths accordingly. Keep trench sheeting in place until
the pipe has been placed, backfilled to a minimum of one foot over the pipe, tested for
defects, and repaired, if necessary. All sheeting, shoring and bracing of trenches shall
conform to the requirements of OSHA and the public agency having jurisdiction.
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3.8 LOCATION OF EXCAVATED MATERIALS. d.
IDuring trench excavation,locate the excavated material within the construction easement or
right-of-way so that the excavated material will not obstruct any private or public traveled
roadways or streets. Pile and maintain material from trenches so that the toe of the slope of
tthe material excavated is at least two feet from the edge of the trench. It shall be the
Contractor's responsibility, however, to determine the safe loading of all trenches with
excavated material.
IAirport Project Safety Procedures, Section 1110, Paragraph 3.7"Stockpiled Material",shall
control the height and placement of excavated trench material adjacent to the runway or
' taxiways.
x 3.9 DEWATERING.
IProvide and maintain ample means and devices with which to promptly remove and dispose
of all water entering the trench excavation during the time the trench is being prepared for
the pipe laying, during the laying of the pipe, and until the backfill to a minimum of one foot
Iover the pipe has been completed. Dispose of the water in an approved manner without
damage to adjacent property.
' 3.10 EXCESS EXCAVATED MATERIAL.
A. Dispose of all excess and unsuitable excavated materials. Make arrangements for
Ithe disposal and bear all costs related to such disposal.
B. Replace all culvert pipe as called for in the General Conditions. Do not replace
culverts until the proposed pipeline is installed and the proper backfilling of the
I trench has been completed to the subgrade of the culvert.
3.11 IMPORTED BACKFILL.
I If excavation material is encountered
c untered which is unsuitable for backfill, as determined by the
Engineer,the Contractor shall haul the unsuitable material to an offsite borrow/disposal site,
' and haul and compact borrow material for the backfill.
PART 4-MEASUREMENT AND PAYMENT
' 4.1 GENERAL
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Unless otherwise noted,this work including clearing and grubbing,site preparation, removal
of material, handling and storage of materials, bracing,shoring and protection,pumping and
dewatering as necessary, backfill, preparation of subgrades,and final grading,dressing and
cleanup will be paid with the pipe or other established pay items to which excavation and
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backfill are related.
4.2 IMPORTED BEDDING
Payment for imported pipe bedding mat
erial will be made at the unit price per linear foot
stated in the Contractor's Bid when said material is ordered by the Engineer.Since payment
I for placing and compacting bedding material is already included in the pipe price, payment
for imported bedding material under this item shall be considered payment for all materials, ,
I TRENCH EXCAVATION, BEDDING AND BACKFILL 2221-5
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labor, equipment and incidentals necessary to furnish and place the materialat trench side
and for any extra costs in handling and placing the pipe zone and base.
4.3 IMPORTED BACKFILL
Payment for imported backfill material will be made at the unit price per cubic yard stated in
the Contractor's Bid when said material is ordered by the Engineer. Payment for backfill
material under this item shall be considered payment for all materials,labor,equipment and
incidentals necessary to remove unsuitable material to an offsite location and furnish,place,
and compact the imported backfill material in the trench.
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SECTION 2223
ROCK EXCAVATION X
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PART 1 -GENERAL
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1.1 DESCRIPTION
IA. Work Included: The work under this section shall cover all work and materials
required to excavate rock encountered during construction. Rock excavation shall
include drilling, blasting,removal and disposal of rock,and shall include replacement
' backfill material required to replace any removal rock not suitable for use as
embankment or trench backfill.
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B. Related Information.
1. Trench Excavation and Backfill, Section 2221.
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PART 2 -PRODUCTS
All materials used for blasting shall be in strict conformance with all local, State, and Federal laws
Ipertaining to this type of work.
PART 3 -EXECUTION
4 Rock Excavation - Determination: The Contractor shall demonstrate to the
satisfaction of the Engineer, that the rock excavation he expects to be paid for,
' conforms to this Specification. The demonstration may be waived, if in the opinion of
the Engineer, that the rock location and consistency is well defined. Should the
Engineer and the Contractor disagree as to the rock quantities and/or location, it
I shall be the Contractor's responsibility to demonstrate to the satisfaction of the
Engineer, that the rock conforms to these Specifications.
A. General Requirements: Where rock excavation,as defined hereinafter is required,
I the rock shall be excavated to a minimum over depth of six inches below the finish
grade or trench depths specified.
' Blasting and Removal:
Blasting and Removal shall include the excavation, removal and off-site disposal of
rock formations or of oversized material in boulder form. Rock excavation of this
I type includes that excavation which cannot be accomplished with skillfully operated
excavation equipment of the capabilities of a Caterpillar D-7 dozer or a Caterpillar
235 backhoe or equivalent. No payment for rock excavation, as defined in this
I Specification,will be made unless the rock removal requires systematic drilling and
blasting, or removal by use of a jackhammer or similar tools.
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Boulder Removal:
Boulder Removal shall be defined as rock in boulder form with a volume of one (1)
cubic yard or more that can be mechanically removed with equipment and methods
described in the definition of Blasting and Removal.
B. Construction Requirements: Banks of trenches in rock shall be kept as nearly
vertical as possible; and if required, shall be properly sheeted and braced.
Excavation for manholes and other appurtenances shall be sufficient to permit the
carrying out of the construction as required. Where forms are required, a clear
space of at least one foot shall be provided. When excavation for manhole
construction is in solid rock, pay quantities will be computed to a line one foot outside
lines of the manhole.
The trench shall be excavated to the limits shown on the Standard Drawings. The
pipe zone shall be backfilled with material and in the manner specified in Section
2221, 'Trench Excavation Bedding and Backfill" of the Technical specifications.
All rock blasted from or otherwise removed from trenches or other excavations larger
than a 12-inch cube or 1 cubic foot volume shall be loaded and hauled to an
approved disposal site. Any additional trench backfill that is required to replace the
rock that is unsuitable for backfilling the trench shall be imported and placed by the
Contractor and the payment for such backfill shall be included in the contractor's unit
bid price for Rock Excavation.
C. Blastingand Explosive Requirements: Excavation which requires the use of
P q q
explosives shall be carried out in strict conformance to all local, State, and Federal
laws pertinent to this type of work.
All shots shall be covered by suitable matting, backfilling, and/or such other
precautions as may be necessary for the protection of life and property. The
Contractor shall be held responsible for all accidents and/or damages caused by
blasting operations.
The Contractor in association of all blasting activities required in the prosecution of
rock excavation shall photo record existing conditions of structures and/or facilities in
the immediate area that will be affected by the blasting. The photo record of
structures and facilities shall be delivered to the Engineer prior to beginning any and
all blasting activities by the Contractor and shall be considered incidental to the work.
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4132I051WPFlIESISPECSWP SPECS102I05 ROCK EXCAVATION=1DOC
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PART 5-MEASUREMENT AND PAYMENT
I5.1 MEASUREMENT
A. Blasting and Removal:
1. Trench: Rock volume for all diameter pipe installation shall be computed
based on a trench width of 2 feet plus diameter of pipe.
5 ' 3
2. Structures: Rock volumes for manholes and other appurtenances will be
measured to a line one foot outside lines of the structure.
IB. Boulder Removal: Boulder rock over 1 cubic yard shall be measured to the closest
half cubic yard.
I5.2 PAYMENT
Rock excavation as defined above shall be paid for at the contract unit price per cubic yard
of rock excavation. Payment shall be based upon the quantity of rock actually excavated as
measured by the Engineer. Such payment shall be full compensation for the extra cost of
performing the work under this Section over and above the cost of normal excavation and
Ibackfill and shall include hauling to an offsite disposal area.
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e:nmaauwanEVsveuv�saecsemas ROCK EXCAVATION�.00c
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SECTION 2226
IPIPE BORING AND JACKING A
IPART 1 -GENERAL
1.1 DESCRIPTION
IWork Included: This section covers the labor and materials necessary to push a
steel casing pipe into place using either a boring or jacking method.
PART 2 -MATERIALS
I2.1 STEEL CASING PIPE
I The steel casing pipe shall be A53B Schedule 40 steel pipe. The class of casing specified
is based upon the superimposed loads and not upon the stresses resulting from jacking or
boring operations.Any increase in casing strength to withstand jacking or boring operations
shall be the responsibility of the Contractor.
2.2 CONCRETE CAP
I The concrete cap to be constructed at the ends of the steel casing shall conform to the
material requirements of the following specifications:
' 1. Section 3100- Concrete Formwork.
2. Section 3300- Cast-In-Place Concrete.
2.3 GROUT FILL
Grout for filling the annular space between the casing pipe and the carrier pipe shall be
' proporti , fi
volume or asoned acceptedonepart byportland the Engineer.cement Peave gravelparts fill maybesandand usedseven in placepartspea of groutgravel uponby
Engineer's written approval.
IPART 3 -EXECUTION
I3.1 Excavation:
Excavation shall be unclassified and shall include whatever materials are encountered to the
depths shown or required.
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3.2 Jacking and Boring Details Required:
The Contractor shall submit details of the following to the Engineer for review and comment
before beginning jacking or boring:
1. Jacking pit construction/dimensions/locations
2. Jacking bit bracing
3. Jacking head
4. Jacking pit excavation method
5. A substitute design or any part of the system that must be changed as a
result of the jacking or boring operation.
6. Any structure that is required because of the particular method of procedure
used by the Contractor.
7. Method of bracing the pipe in the casing to prevent pipe shift and flotation.
8. Grout or pea gravel material used to fill casing. Material placement method
and equipment.
3.3 Jacking and Boring
The leading section of the casing shall be equipped with a jacking head.All excavation shall
be carried out entirely within the jacking head.
Jacking, driving or boring shall be by accepted means which will hold disturbances of
surrounding material to a minimum.
Sand or concrete grout packed in place shall be required where the hole is greater than 5
percent oversize in diameter than the steel casing.
3.4 Smooth Steel Casing
Sections of smooth steel casing to be jacked or bored shall be joined by welding the joints
with a continuous weld of the full circumference or by accepted means. The Contractor shall
provide joints which are capable of resisting the jacking or boring forces.
Where timber cradles are shown,the Contractor shall provide redwood or pressure treated
timber cradles strapped by stainless steel straps under the barrel of the pipes. The barrel
shall bear continuously on the cradle.
Pipe installed in casing shall be braced to prevent shifting or flotation.The void between the
casing and pipe shall be filled with grout.
Casing pipe shall be sealed at the ends with a poured in place concrete cap to prevent
flowing water and debris from entering the annular space between the casing and the pipe.
3.5 Placing Grout in Casing
PIPE BORING AND JACKING 2226-2
The Contractor shall completely fill the annular space between the pipe and the casing with
accepted grout to prevent floating. The Contractor shall accomplish the filling by pumping
' from the two ends.Grouting,once commenced at any one point,shall be completed without
stopping.
3.6 Testing
All testing shall be per the following testing specifications:
1. Section 2665—Water Distribution
2. Section 2730- Sanitary Sewers System
3. Section 3300- Cast-In-Place Concrete
PART 4-MEASUREMENT AND PAYMENT
Payment for Pipe Boring and Jacking will be per each as set forth in the Contractor's bid and will
a , include full and complete compensation for completing the work including all required labor and
equipment.
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SECTION 2231
ICRUSHED AGGREGATE BASE COURSE
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PART 1 -GENERAL
1.1 DESCRIPTION.
I A. Work included:
This item shall consist of base course composed of imported 3/4_
inch minus crushed aggregates constructed on a prepared course in accordance
I with these specifications,and in conformance with the dimensions and typical cross
sections shown on the plans. This specification shall be used in the construction of
taxiway base course repair.
IB. Related information: Work under this Section shall conform to the following
requirements:
1. Idaho Standards for Public Works Construction (ISPWC), 1990 edition,
Section 800, Aggregates and Asphalt, as amended, supplemented, or
modified herein and on the drawings.
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2. For additional information see: Federal Aviation Administration Advisor
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Circular 150/5370-10A, Item P-208 "Aggregate Base Course".
1.2 SUBMITTALS.
IA. The Contractor shall provide and maintain, in good condition on the job site, one
complete set of the 2002 edition of the ISPWC for reference.
PART 2 - PRODUCTS
A. Crushed aggregate base course shall meet the requirements of ISPWC Section 802,
Crushed Aggregate, %-inch minus gradation.
' B. Crushed aggregate base course shall be compacted to not less than 100%of the maximum
density as determined byASTM D 698.
PART 3 -EXECUTION
IComply with this specification and ISPWC Section 802, Crushed Aggregate.
PART 4- MEASUREMENT AND PAYMENT
' Crushed Aggregate Base Course shall be incidental to Taxiway Repair. Payment for Crushed
Aggregate Base Course shall be included in the Contractor's unit price for Taxiway Repair and
shall constitute full compensation for furnishing, crushing, loading, hauling, spreading, blending,
I shaping,watering and compacting the material and for all tools,labor and incidentals necessary to
complete the item.
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CRUSHED AGGREGATE BASE COURSE 2231-1
G1021051WPFLESISPECSUP SPECS02105 CRUSHED AGG 2231DOC
SECTION 2233
ISHOULDER CONSTRUCTION
' PART 1 -GENERAL
1.1 DESCRIPTION.
• A. Work Included: The
work under this section shall include the placement of
aggregate on shoulders adjacent to bituminous concrete surfaces.
B. Related Information:
' 1. Quality Control, Section 1400.
2. Submittals and Substitutions, Section 1340.
I3. Trench Excavation and Backfill, Section 2221.
4. Bituminous Concrete, Section 2510.
A ' 1.2 JOB CONDITIONS.
' Placement of shouldering materials shall not occur when surface temperatures are
sufficiently high that adjacent bituminous surfaces will be softened to the point of being
susceptible to damage during the shouldering operation nor when the moisture content of
' the existing shoulder material is excessive.
It is recommended that the work be done during the cool hours of the day to help protect the
bituminous surface.
PART 2 -PRODUCTS
' 2.1 SHOULDER MATERIAL.
Aggregate used for construction of shoulders shall be the suitable existing base course
' excavated and stockpiled during earlier excavations.
PART 3 -EXECUTION
' 3.1 PREPARATION OF SHOULDERS.
Existing shoulders in the project areas shall be tight bladed as directed by the Engineer prior
I to aggregate placement and compacted to 95 percent of maximum density. Excessively wet
or unstable areas shall be reworked and compacted prior to aggregate placement.
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3.2 PLACEMENT.
A. Shoulder Material:The existing g ravel base will be the shoulder material that shall
be placed adjacent to the asphalt surfaces. Shouldering material shall be placed as
directed by the Engineer. The shoulder material shall begin at the edge of the
asphalt surface, at grades below the final top edge of asphalt as shown on the
typical sections and extend at the design slopes to existing ground, as staked in the
field or as directed by the Engineer. Material shall be placed by a method approved
by the Engineer. Loose dumping in uncontrolled lifts will not be permitted.
B. Existing Shoulder Material: It is anticipated that material removed for shoulder
grading will be excavated and deposited at a site designated by the Engineer.
Shouldering shall be completed as soon as possible after the asphalt concrete
surface has been placed.
Any damage done to the asphalt concrete surface during the shouldering operation
shall be immediately repaired by the Contractor.
3.3 COMPACTION.
Compaction of shoulder materials shall be a minimum of 100 percent of maximum density,
as determined in Section 2231, Aggregate Base Course.
PART 4- MEASUREMENT AND PAYMENT
4.1 No measurement or payment this section, shoulder construction shall be considered
incidental to project work.
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SHOULDER CONSTRUCTION
2233-2
W02105\WPFLES SPECSWP SPECS02105 SHLDR CONST 2233DOC
SECTION 2510
BITUMINOUS CONCRETE PAVEMENT
IPART 1 -GENERAL
. 1.1 DESCRIPTION
A. Work included: The work included under this Section shall consist of a surface
course composed of mineral aggregate and bituminous material mixed in a central
I mixing plant and placed on a prepared course in accordance with these
specifications and shall conform to the lines,grades,thicknesses, and typical cross
sections as shown on the plans. Each course shall be constructed to the depth,
,, typical section, or elevation required by the plans and shall be rolled, finished, and
approved before acceptance by the Owner. This item shall be used in the
construction of bituminous patches.
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B. Related information: Work under this Section shall conform to the requirements of
, Section 800,Aggregates and Asphalt of the 2002 edition of the Idaho Standards for
Public Works Construction(ISPWC),as amended,supplemented,or modified herein
' and on the drawings. For additional information see: Federal Aviation Administration
Advisory Circular 150/5370-10A, Item P-401 "Plant Mix Bituminous Pavements".
I1.2 SUBMITTALS.
A. The Contractor shall provide and maintain, in good condition on the job site, one
Icomplete set of the 1990 edition of ISPWC for reference.
B. Contractor shall submit to the Engineer for review and approval a copy of the asphalt
I mix design proposed to be used, as well as any examples of recent applications of
the proposed mix in similar installations.
PART 2 - PRODUCTS
, 2.1 General.
' Comply with ISPWC Sections 802, 803, 805, and 807.
2.2 Asphalt Cement.
I Asphalt cement to be used in the mix shall be AC-10. Anti-stripping
pp g agents may be required
for the asphalt mix depending on the results of the mix designs.
2.3 Gradation
I Maximum aggregate size shall be 3/4-inch and meet the requirements of ISPWC Table 807-
B, unless approved otherwise by the Engineer.
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PART 3-EXECUTION
Comply with ISPWC Sections 808, 809, 810, and 811. Pavement will be placed in two lifts with a
total nominal thickness as shown on the plans.
PART 4-MEASUREMENT AND PAYMENT
Payment shall be made at the contract unit price per square yard for Taxiway repair. This price
shall be full compensation for furnishing all materials and for all operations,hauling and placing of
these materials and for all labor,equipment,tools and incidentals necessary to complete the item.
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SECTION 2575
IBITUMINOUS SURFACE REPAIR
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PART 1 -GENERAL
1.1 DESCRIPTION.
I A. Work Included: The work included under this Section shall
a I consist of repair of an
existing bituminous surface.
' B. Related Information:
I1. Trench Excavation, Bedding and Backfill, Section 2221.
2. Aggregate Base Course, Section 2231 (ISPWC).
I3. Bituminous Concrete Pavement, Section 2510 (ISPWC).
,
1.2 DEFINITIONS.
' A. Bituminous Surface Repair: Removal and replacement of existing bituminous
concrete surface in order to repair depressions or surface failures such as alligator
Icracking, patches and potholes, or other structural distress.
1.3 QUALITY ASSURANCE.
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Standards: Work and materials shall conform to appropriate ASTM and AASHTO
standards and applicable sections of the'Standard Specifications for Highway Construction',
State of Idaho Transportation Department, Division of Highways, latest edition and current
' supplements.
1.4 SUBMITTALS.
I
The Contractor shall submit information as to source, mix design, etc. for asphalt concrete
patch materials for the Engineer's review and comment at the Pre-Construction Conference
Iin accordance with Section 1340, Submittals, Shop Drawings and Samples.
1.5 WEATHER LIMITATIONS.
All work shall be performed when the weather is suitable as specified in the sections
identified in 1.1.B and 1.3 above. p
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PART 2 - PRODUCTS
2.1 ASPHALT CONCRETE.
Asphalt concrete for pavement shall comply with the requirements of Section 2510 or as
accepted by the Engineer. (See 1.4 above.)
2.2 BASE COURSE.
Aggregate materials for Base Course shall comply with the requirements of Section 2231.
PART 3 -EXECUTION
3.1 EQUIPMENT.
The Contractor shall provide all equipment, in good operating condition, and small tools
necessary to complete the work as specified or directed. Equipment shall be serviced away
from all bituminous surfaces.
3.2 PREPARATION.
A. General: The surface upon which the bituminous concrete mix,tack and/or prime
coat (if required) is to be placed shall be stable and irm and free of dirt,water and
other undesirable materials. The Engineer shall accept the surface prior to the
Contractor placing bituminous materials.
The Engineer shall delineate areas of repair,to include limits of work for the proper
placement of each wide crack repair or bituminous surface repair.
B. Pavement Cutting: Cut edges shall be vertical,uniform and straight. In general,all
cuts are to be accomplished by mechanical methods of saw cutting acceptable by
the Engineer. In patched areas receiving overlays, cutting by pneumatic air chisel or
pavement cutting wheel will be allowed as accepted by the Engineer.
C. Bituminous Tack Coat: Tack coat materials and application shall conform to the
requirements of ISPWC Section 806. A tack coat shall be applied to all cut edges of
the pavement surrounding patch areas.
If the work to be performed requires two or more layers or lifts of bituminous
concrete, a tack coat shall be placed between the lifts if the surface of the first layer
has become dirty, muddy or otherwise unacceptable or if more than 24 hours have
elapsed between placement of lifts.
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3.3 EXECUTION.
IA. Pavement Cut Area:
I1. Bituminous Surface Repair: Cut a vertical face around the area to be
patched with one pair of faces being at right angles to the direction of traffic.
The prepared vertical face shall be a minimum of 1.0 foot outside the failed
area.
' B. Bituminous Surfa
ce Repair: The Contractor shall remove the existing pavement
and subsurface materials to the depth specified or directed by the Engineer. The
', I materials removed shall be hauled to the designated waste area if unsuitable for
reuse or stockpiled at the direction of the Engineer if such material is deemed
suitable by the Engineer. If stockpiled, different materials shall be separately
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stockpiled at the direction of the Engineer. Stockpiled material, particularly suitable
roadbase gravels, shall not interfere, block, or alter existing drainage patterns or
features.
IThe surface, after the removal of existing material is completed,shall be shaped and
re-compacted to permit the required thickness of material to be replaced to the
required grades. Prior to placing aggregate base or bituminous material, the
IEngineer and Contractor shall inspect the surface to determine if it is suitable. If the
subgrade is noticeablysoft or otherwise unacceptable,the Contractor shall
p remove
the unsuitable material to the depth as specified or directed.
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After excavation to the required depth,the existing ground surface shall be prepared
and backfilled with appropriate suitable subbase and base course material as
specified in Trench Excavation and Backfill, Section 2221. Backfilling, placement,
M1 I shaping and compaction of aggregate materials shall be as specified in Crushed
Aggregate Base Course, Section 2231.
IAfter the area to be patched has been properly prepared and approved, including
trimming of edges and applying tack coat, the aggregate or mix is to be placed and
compacted.
IPatchingmixture should not be dumped from the truck into p the patch area. It should
be shoveled directly from the truck or from a board onto which it has been dumped.
' The mix should be placed against the edges first rather than piled in the center and
raked to the edges.
I Pulling material from the center of the patch to the edge in making the joint will not
be permitted. If more material is needed at the edge, it shall be deposited there and
the excess raked away. The quantity of material placed in the patch area should be
' sufficient to ensure that,after compaction,the patch surface will not be below that of
the adjacent pavement. A stringline and/or a straight-edge should be used in
producing a smooth riding surface. In compacting the patch, the first pass and
return of the roller or vibratory compactor should overlap not more than 6 inches
j' I onto the patch material at one edge. This should then be repeated on the opposite
side to compact the material into the edge joints. Compaction should then proceed
from the low side to the high side, with each pass and return lapping an additional
' few inches onto the patch. The finished surface of the patch shall be at the same
grade as the surrounding pavement.
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BITUMINOUS SURFACE REPAIR 2575-3
G:D21051WPFLESISPECSVIP SPECSD2105 BRUAINOUS SURF REPAIR 2575 DOC
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3.4 FIELD QUALITY CONTROL.
The requirements of Sections 2221,2231 and 2510 shall apply to work accomplished under
this Section.
The finished or completed surface repair shall not deviate from grade in either the transverse
or longitudinal direction by more than %-inch in 12 feet. Deviations greater than this
specified amount shall corrected by the Contractor acceptable to the Engineer.
3.5 CLEANUP.
The Contractor shall remove and dispose of all excess loose material from surfaces around
the repair area and shall remove excess or overfill materials from the edges of the repair
areas upon completion of the repair. The Engineer shall approve of the Contractors
cleanup prior to the placement of a subsequent surface treatment or layer.
PART 4- MEASUREMENT
4.1 BITUMINOUS SURFACE REPAIR.
Bituminous surface repair shall not be measured for payment as it shall be considered
incidental to taxiway repair.
4.2 BITUMINOUS TACK COAT.
Bituminous tack shall not be measured as part of bituminous surface repair as it is
considered incidental to the performance of the work.
PART 5 - PAYMENT
5.1 BITUMINOUS SURFACE REPAIR.
Bituminous surface repair will not be paid as it is considered incidental to taxiway repair.
5.2 BITUMINOUS TACK COAT.
Bituminous tack shall not be paid as part of wide crack repair or bituminous surface repair as
it is considered incidental to the performance of the work.
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G.'D2105MPFLERSPECS A P SPECS02105 BITUMINOUS SURF REPAR 2575DOC
•
SECTION 2576
PAVEMENT REMOVAL
PART 1 -GENERAL
1.1 DESCRIPTION.
' A. Work Included: This item shall consist of cutting, removal and disposal of existing
pavements.
IB. Related Information:
1. Special provisions, Section 1000.
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2. Trench Excavation, Bedding and Backfill, Section 2221.
3. Bituminous Surface Repair, Section 2575.
PART 2 -PRODUCTS
No products are included in this section.
PART 3 - EXECUTION
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3.1 EDGE SAWING OR CUTTING.
The perimeters of pavement or concrete slabs shall be vertically cut to create a neat line and
a ' edge for future paving. Pavements must be waved at least 80%of their full depth in straight
lines.
3.2 CHUNK REMOVAL.
Load and off haul pavement p chunks to an off-site disposal area. Ripping may be required to
facilitate this process.
3.3 ROTOMILLING.
' Grind up pavement using a rotomill or cold plane machine. Dispose of the millings off-site.
3.4 DISPOSAL SITE.
The Contractor shall provide his own disposal site for pavement remnants, unless identified
otherwise.
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PART 4-MEASUREMENT
PAVEMENT REMOVAL G:192024\WPFILES\SPECSW2576.MYL 2576-1
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Pavement removal shall not be measured for payment as it is incidental to ta>6way open cuts.
PART 5-PAYMENT
Pavement removal will not be paid as it is considered incidental to taAway open cuts.
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PAVEMENT REMOVAL 1
G:\92024\WPFILESISPECS102576.MYL 2576-2
SECTION 2665
WATER DISTRIBUTION
tPART 1 -GENERAL
1.1 DESCRIPTION.
' A. Work Included: This section covers work necessary to construct the water
distribution system; system appurtenances, such as valves; testing; and related
items as shown on the drawings and specified here.
B. Related work specified elsewhere:
1. Division 400—Water, of the 2002 edition of the IDAHO STANDARDS FOR
PUBLIC WORKS CONSTRUCTION (ISPWC), as amended and as
' supplemented or modified herein or on the drawings.
2. Section 2221 —Trench Excavation, Bedding and Backfill
I3. Section 2226— Pipe Boring and Jacking
3. Section 2575— Bituminous Surface Repair
' 1.2 QUALITY ASSURANCE.
•
A. Standard Specifications: The Contractor shall provide and maintain, in good
condition, on the job site,a minimum of two complete sets of the most current edition
of the ISPWC and the City of Nampa Supplemental Specifications and Standards for
' reference.
B. Material Storage: Current invoices demonstrating that all pipe is new and has
received proper storage shall be available for inspection by the Owner.
C. Certification Requirement: The q Contractor shall furnish certification by the
manufacturer that all pipe and fittings furnished on the project comply with the
Iapplicable specifications and with Section 1340.
D. Product Identification: All pipe shall be clearly marked with type, class, and/or
thickness as applicable. Letters shall be legible and permanent under normal
conditions of handling and storage.
f( I PART 2 - MATERIALS
2.1 PIPE
A. Mains: Water Main pipe shall be poly-vinyl-chloride (PVC) conforming to the
provisions of AWWA C-900, Class 150, SDR 18.
' B. Service Lines: Service Line pipe shall be polyethylene pipe conforming to the
provisions of AWWA C-901, Class 200, SDR 7.
WATER DISTRIBUTION 2665-1
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C. Joints: Joints shall be either by integral wall-thickness bell end or by gasketed
coupling using elastomeric gaskets conforming to ASTM F-477. Joints shall meet
performance requirements of ASTM D*-3139.
2.2 FITTINGS
All fittings shall be cement mortar lined, mechanical joint or flanged ductile iron conforming
to AWWA C-110.
2.3 VALVES AND VALVE BOXES
A. Gate Valves: Gate valves shall be resilient-seated gate valves conformingto
AWWA C-509 and shall comply with ISPWC Section 407.04, Resilient Seated Gate
Valves. Gate valves shall be mechanical joint(MJXMJ)or mechanical joint by flange
(MJXFL) as necessary.
B. Valve Boxes: Valve boxes shall comply with ISPWC Section 407.06,Valve Boxes.
2.4 FIRE HYDRANTS
A. All fire hydrants shall be dry barrel fire hydrants conforming to "Standard
Specifications for Fire Hydrants for Ordinary Water Works Service,"AWWA C-502
and ISPWC Section 407.09- Fire Hydrants and modifications herein specified.
B. Fire hydrants shall be Pacer 100 made byWaterous Company..
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C. Hydrants shall be furnished with 5% inch valve opening, one 4% inch diameter
National Standard Pumper nozzle and two 2% inch diameter National Standard
Thread fire hose nozzles. The valve operator shall open left (counter-clockwise)..
D. Hydrants shall be furnished with 34"Traffic section and M.J. shoe and a drain that
automatically opens when the hydrant is closed. Upper(Traffic)section shall be one
piece from the breakaway flange to the nozzles.
E. Hydrants shall have a 6 % foot bury length. Bury length is the distance from the
ground line to the bottom of the hydrant lateral.
F. Hydrant nozzles shall be approximately 48" above finish grade.
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G. All hydrants shall be painted one coat of primer and two finishing coats of approved
red paint in accordance with manufacturer's recommendations, subject to the
Engineer's approval.
2.5 SERVICE CONNECTIONS
A. Corporation Stops: Corporation Stops shall be 1-inch and shall be brass. I
B. Compression Connections: Ends of polyethylene tubing inserted in compression
connections shall be fitted with stainless steel insert reinforcement.
C. Service Clamps: Comply with ISPWC Section 409.05, Service Clamps.
WATER DISTRIBUTION 2665-2
G1021051WPFLESISPECSWP SPECS02105 WATER DISTRIBUTION 2665 DOC
2.6 WATER METER
A. Water Meter: Refer to water service connection detail sheet 4.
2.7 TRACER WIRE
A. Shall be No. 12, 3 foot below grade and trench tape labeled "Buried Water".
2.8 ENCASEMENTS AND THRUST BLOCKS
A. Concrete shall be a minimum 3,000 psi compressive strength, 6 sacks per cubic
' yard, Type II, Portland cement.
B. Reinforcing steel shall be Grade 40, ASTM A-615.
2.11 COUPLINGS
' A. All buried cast iron couplings shall be of the long solid sleeve type with mechanical
joints in compliance with Section 2.2.
2.12 TAPPING SLEEVE
' A. Tapping sleeves shall be cast iron, MJ x FL, split tee type. Gaskets shall be totally
confined and correctly sized for the outside diameter of the pipe being tapped.
' Working pressure shall be 200 psi. Tapping sleeve shall be compatible with the
tapping valve.
' 2.13 TAPPING VALVE
A. Tapping valves shall be in accordance with Section 2.3, FL x MJ, opening left, with
' non-rising stem and 2-inch operating nut. The Contractor shall be responsible for
the compatibility of the tapping sleeve and tapping valve.
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PART 3-EXECUTION
3.1 GENERAL
A. All pipelines and appurtenances shall be installed according to manufacturer's
recommendations, and the 2000 Edition of ISPWC, Division 400, Water.
3.2 WATER SYSTEM CONNECTIONS
A. The Contractor shall excavate test holes at existing water main connection locations
to verify the location of the existing water lines prior to construction.
3.3 PIPE
A. General: 1. Comply with ISPWC, Section 402- Pipe Installation for Water Mains,
except as modified herein.
2. Minimal burial depth for all water mains shall be 6-feet from finish grade to the top of
pipe.
3. Maintain 3 foot minimum horizontal distance to other utilities unless otherwise noted
on the drawings..
4. The separation requirements as outlined in Section 406, Separation of Water Mains
and Sewers, of the ISPWC Specifications shall apply to both mainlines and service
lines. Where sewer lines and services do not conform to the separation
requirements, water class pipe is required.
3.4 JOINTS AND FITTINGS
A. Comply with ISPWC, Section 403- Pipe Jointing, except as modified herein.
B. Mechanical joint retainer glands shall be used on both sides of all change-in-
direction fittings;i.e.,all bends(horizontal and vertical)and on the branch of all tees,
on the MJ end of a flange x MJ gate valve, and on MJ caps. Set screws on retainer
glands are to be tightened with a torque wrench to manufacturer's recommendations.
3.5 VALVES AND VALVE BOXES
A. Comply with ISPWC, Section 407-Water Valves and Fire Hydrants. Valve boxes
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shall be centered and plumbed.
3.6 FIRE HYDRANTS
A. General: Fire hydrants shall be installed per ISPWC Section 407 -Water Valves
and Fire Hydrants, except as modified herein.
B. All fire hydrant locations shall be staked by the Engineer and approved by the Fire
Marshall and Public Works Director. Hydrants shall stand plumb, with pumper
outlets facing in the direction in which afire department vehicle will logically be
located.
WATER DISTRIBUTION 2665-4
G112105WPFIESISPECSV.P SPECS'02105 WATER DISTRIBUTION 2665.DOC
C. Fire hydrant gate valves shall be located at the water main.
3.7 SERVICE CONNECTIONS
IA. General: Install service connections per detailed on the drawings and per ISPWC
Section 409, Materials, except as modified herein.
IB. Meter Setter: Meter setter shall be located 18-inches below finish grade. Meter box
shall be placed relative to the property line as directed by the Engineer. Dual
} services off one service line will not be allowed.
I3.8 TRACER WIRE
IAShall be placed directly above all water main, and shall extend along service line to
.
water meter box. The tracer wire shall be accessible at all valve boxes.
I3.9 THRUST BLOCKS
IA. General: Thrust blocks shall extend from the fitting, valve or hydrant to solid
undisturbed earth. Thrust blocks shall be installed so all joints are accessible and
the concrete does not come in contact with the joint bolt
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Where undisturbed trench walls are not available for thrust blocking,the Contractor
' shall furnish and install suitable pipe harnesses or ties designed and manufactured
specifically for this purpose,or shall make other provisions as may be discussed with
and approved by the Engineer.
Concrete shall be allowed to cure a minimum of 24 hours at no less than 40°F prior
' to backfilling. No internal water pressure shall be applied to the main until the thrust
block has cured for 48 hours.
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Thrust block size shall be per ISPWC drawing SD-403.
Restraining pipe joints adjacent to restrained fittings with harness restraint devices
I may be used in lieu of concrete thrust blocks upon approval by the Engineer.
Harness restraint devices shall be installed per the manufacturers recommendation.
All joints located less than 36-feet distance from all change-in-direction fittings or the
' dead end of a main shall be restrained.
3.10 HYDROSTATIC TESTING
IA. Shall comply with ISPWC Section 401.3.6- Pressure Testing
3.11 DISINFECTING WATER MAINS
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A. Shall comply with -
p y ISPWC Section 401.3.9 Flushing and Disinfection
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WATER DISTRIBUTION 2665-5
G112105\WPFLESISPECSKp SPECSE02105 WATER DISTREIUTION 2665.DOC
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PART 4-MEASUREMENT AND PAYMENT Water main tested and approved for service shall be measured for payment by the linear foot
pipe
for the type and size of pipe along the horizontal centerline of the pipe through all fittings and
valves. All measurements shall be made to the nearest foot. Payment includes pipe, fittings,
connections,thrust blocks,restraints,cleaning,disinfection and testing and all appurtenances not
itemized on the Bid Schedule. Payment to be full compensation for providing all materials, labor,
tools and equipment necessary to complete the work. Fittings shall not be measured for payment
but shall be considered to be included in water main pipe.
Hydraulic valves shall be measured for payment per each for the type and size of valve specified.
Payment includes valve, fittings, valve boxes, concrete collars, connections, actuators and all
appurtenances not itemized on the Bid Schedule. Payment to be full compensation for providing
all materials, labor, tools and equipment necessary to complete the work.
Hydrants shall be measured for payment per each as specified. Payment includes hydrant,valve, I
pipe,thrust blocks, restraint,fittings,valve boxes,connections,drain rock,filter fabric,spare parts,
excavation, bedding, backfilling,testing and all appurtenances not itemized on the Bid Schedule.
Payment to be full compensation for providing all materials, labor,tools and equipment necessary
to complete the work.
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WATER DISTRIBUTION
2665-6
GM2105\WPFLESISPECSWP SPECS102105 WATER DISTRIBUTION 2665.DOC
SECTION 2730
SANITARY SEWER SYSTEM
•
PART 1 -GENERAL
1.1 DESCRIPTION
A. Work Included:This specification covers work necessary to construct the sanitary
sewer system;system appurtenances, such as manholes;testing and related items
' as shown on the drawings and specified herein.
B. Related Information:
e ' 1. Work under this section shall conform to the requirements of Section 500-
Sanitary Sewers, of the IDAHO STANDARDS FOR PUBLIC WORKS
CONSTRUCTION(ISPWC), as amended and as supplemented or modified
' herein or on the drawings.
2. Section 2221 -Trench Excavation, Bedding and Backfill.
' 1.2 QUALITY ASSURANCE
' A. Standard Specifications: The Contractor shall provide and maintain in good
condition on the job site a minimum of one complete set of the most current edition
of the ISPWC for reference.
tB. Materials: Current invoices demonstrating that all pipe is new and received proper
storage shall be available for inspection by the engineer.
' PART 2 - MATERIALS
2.1 SEWER PIPE
' Sewer pipe shall be the following materials:
A. Polyvinyl chloride (PVC) 3034, SDR35 with Bell and Spigot rubber gasket joints.
2.2 CONCRETE PIPE ENCASEMENT
All concrete pipe encasement shall conform to the ISPWC Section 505.17 and Section
701.04, Class CL-3000. A maximum 2 inch slump shall be required and the concrete shall
be heated to 50°F minimum.
PART 3 -EXECUTION
3.1 GENERAL
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SANITARY SEWER SYSTEM 2730-1
°"°3105MWFILE513PECSWP SPECS'@1035AN SEW SV3277U.DOC
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All pipelines and appurtenances shall be installed according to manufacturer's
recommendations and the latest edition of the IDAHO STANDARD FOR PUBLIC WORKS
CONSTRUCTION (ISPWC).
3.2 MANHOLES
All manholes are to be watertight. Rubber"O"rings shall be provided at all pipe to manhole
connections as shown on the drawings. The Contractor shall perform a satisfactory
exfiltration or infiltration leakage test on each manhole prior to backfilling. All visible leaks
are to be repaired by sealing with a coal tar epoxy sealant or other accepted method by the
Engineer.
3.3 SERVICE CONNECTIONS
Multiple service connections to a single service line are not permitted.
3.4 TESTING
All sewer piping is to be flushed, lamped and tested for leakage in accordance with Section
504 of ISPWC. The Engineer shall review and comment on the proposed testing technique
to be used prior to the commencement of all testing activities by the Contractor. The
Contractor shall be responsible for locating, identifying and repairing any and all defects
noted by the Engineer. Defection testing by Mandrel will not be required except in specific
instances or suspected problem areas as directed by the Engineer.
PART 4 - MEASUREMENT AND PAYMENT
4.1 PIPE
Payment for all types and sizes of pipe will be included in the various bid items requiring this
item unless otherwise set forth in the Contractor's bid and will include full and complete
compensation for completing the work including all required labor and equipment. If pipe is
not to be included in another bid item as set forth in the Contractor's bid it will be measured
and paid for as stated in the following.
Measurement of all types and sizes of pipe shall be by the linear foot on a horizontal basis
along the center of the pipe through and including tees,manholes, connections,fittings,etc.
Measurement shall be to the nearest foot.
Payment for all pipe shall be at the unit contract price bid per linear foot for each class, size
and type of pipe laid, tested and found to be satisfactorily installed in accordance with the
specifications. No additional compensation will be allowed for testing. Eight and 12 inch
PVC Sanitary Sewer Pipe shall be further classified per item by the range of depth at which
the pipe is to be installed.
The contract unit price includes full compensation for the pipe in place including trench
excavation,furnishing and installing the pipe, including rubber gaskets;either air-testing or
water testing,deflection testing,flushing, backfilling the pipe trench and for any and all other
work needed to satisfactorily complete the item in accordance with the contract documents.
Pipe bedding material placement and compaction around the pipe will be paid for as a
separate item as set forth in the Bidder's Proposal. I
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SANITARY SEWER SYSTEM 2730-2
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Payment for other appurtenances not specifically mentioned shall be considered incidental
' to the cost of construction and no additional compensation will be made for providing and
installing these appurtenances. Payment will be made under.
' 12" PVC Sanitary Sewer Pipe
7 foot depth Linear Foot
12" PVC Sanitary Sewer Pipe
' 7 foot to 10 foot depth Linear Foot
12" PVC Sanitary Sewer Pipe
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10 foot to 13 foot depth Linear Foot
12" PVC Sanitary Sewer Pipe
' 13 foot to 15 foot depth Linear Foot
12" PVC Sanitary Sewer Pipe
t 15 foot to 18 foot depth Linear Foot
12" PVC Sanitary Sewer Pipe
> 18 foot depth Linear Foot
' 8" PVC Sanitary Pipe
Pi e
7 foot depth Linear Foot
' 8" PVC Sanitary Sewer Pipe
7 foot to 10 foot depth Linear Foot
t 8" PVC Sanitary Sewer Pipe
10 foot to 13 foot depth Linear Foot
' 8" PVC Sanitary Sewer Pipe
13 foot to 15 foot depth Linear Foot
' 8" PVC Sanitary Sewer Pipe
15 foot to 18 foot depth Linear Foot
' 8" PVC Sanitary Sewer Pipe
> 18 foot depth Linear Foot
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SANITARY SEWER SYSTEM 2730-3
0:Y021OSWYPFSES0PECSWP SPECM0210S SAN SEW SYS 2730.DOC
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4.2 MANHOLES
Measurement and payment for manholes will be made on a per each basis for each type I
and size shown to a depth of seven feet plus the unit price per foot for extra depth over
seven feet. Manhole depths will be measured vertically from invert at the center of the
manhole to the top of the manhole ring and cover to the nearest foot.
Sanitary Sewer Manhole to
7 foot depth Each
Extra depth Sanitary Sewer Manhole
vertical foot Vertical Foot
4.3 SERVICES
Measurement and payment for service lines and connections shall be made as identified in
the ISPWC and per the unit price bid items included in this bid.
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SANITARY SEWER SYSTEM 2730-4
'$ SECTION 3100 CONCRETE FORMWORK A
PART 1 -GENERAL
I1.1 DESCRIPTION
A. Work included: Provide formwork in accordance with the provisions of this Section
I for all cast-in-place concrete shown on the Drawings or required by other Sections of
these Specifications.
1.2 QUALITY ASSURANCE
A. Design of formwork and falsework is the Contractor's responsibility.
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B. Standards: The Contractor shall comply with all pertinent provisions of the ACI 347
F "Recommended Practice for Concrete Formwork". At a minimum the Contractor
shall have in his possession at the work site the latest edition of ACI "Manual of
I Concrete Practice- Part 2"for reference by the Contractor and Engineer.
1.3 SUBMITTALS
' A. General: Comply with
p y pertinent provisions of Section 1340.
{
' PART 2 - PRODUCTS
2.1 FORM MATERIALS
w ' A. Forms: Construct formwork for exposed (painted or unpainted) concrete surfaces
with smooth faced undamaged plywood or steel or other panel type material
I acceptable to the Engineer,to provide continuous,straight,smooth as-cast surfaces.
Furnish in largest practicable sizes to minimize number of joints.
Construct formwork for concrete concealed from view as indicated above. Less
' attention may be given to condition of plywood and other appearance considerations,
except that bowed, unstable and leaky formwork will not be tolerated.
' Construct formwork for concrete to be covered later with cement plaster with rough
plywood or rough sawn boards, of sound grade, to provide a mechanical bond for
subsequent application of plaster. The rough surface required does not allow
tiI bowed, unstable or leaky formwork.
Provide form material with sufficient thickness to withstand pressure of newly placed
I B. concrete without excessive and objectionable bow or deflection.
Form ties: Provide factory-fabricated,adjustable-length,removable or snap-off metal
form ties, designed to prevent form deflection and to prevent spalling concrete
surfaces upon removal.
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CONCRETE FORMWORK 3100-1
G:102105\VMFLESISPECS141P SPECS102105 CONC FORM✓YORK 3100.DOC E
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Provide ties so that the portion remaining within concrete after removal of exterior
parts is at least 1>"from the outer concrete surface. Provide form ties which will not
leave a hole larger than 1"diameter in the concrete surfaces.
C. Form coatings: Provide commercial formulation form-coating compounds that will
not bond with, stain, nor adversely affect concrete surfaces requiring bond or
adhesion, nor impede the wetting of surfaces to be cured with water or curing
compounds.
2.2 DESIGN OF FORMWORK
A. General: Design, erect, support, brace, and maintain formwork so that it will safely
support vertical and lateral loads that might be applied, until such loads can be
supported by the concrete structure.
Carry vertical and lateral loads to ground by formwork system and in-place
construction that has attained adequate strength for that purpose.
Construct formwork so that concrete members and structures are of correct size,
shape, alignment, elevation, and position.
Design forms and falsework to include assumed values of live load, dead load,
weight of moving equipment operated on formwork, concrete mix,height of concrete
drop, vibrator frequency, ambient temperature, foundation pressures, stresses,
lateral stability, and other factors pertinent to safety of structure during construction.
Provide shore and struts with positive means of adjustment capable of taking up
formwork settlement during concrete placing operations,using wedges or jacks or a
combination thereof.
Support form facing materials by structural members spaced sufficiently close to
prevent objectionable deflection.
Fit forms placed in successive units for continuous surfaces to accurate alignment,
free from irregularities, and within allowable tolerances.
Provide camber in formwork as required for anticipated deflections due to weight and
pressures of fresh concrete and construction loads.
Provide formwork sufficiently tight to prevent leakage of cement paste during
concrete placement. Solidly butt joints and provide backup material at joints as
required to prevent leakage and fins.
B. Earth forms: Side forms of footings may be omitted and concrete placed directly
against excavation only when requested by the Contractor and accepted by the
Engineer. When omission of forms is accepted, provide additional concrete 2"on
each side of the minimum design profiles and dimensions shown.
PART 3 -EXECUTION I
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CONCRETE FORMWORK 3100-2
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3.1 SURFACE CONDITIONS
IExamine the substrate and conditions under which work of this Section is to be performed, and
correct unsatisfactory conditions which would prevent proper and timely completion of the work.
Do not proceed until unsatisfactory conditions have been corrected.
3.2 FORM CONSTRUCTION
IA. General: Construct form complying with ACI 347 and ACI "Manual of Concrete
Practice-Part 2", to the exact sizes, shapes, lines, and dimensions shown, and as
required to obtain accurate alignment, location, grades, level, and plumb work in
Ifinish structures.
Drill forms to suit ties used and to prevent leakage of concrete mortar around tie
Iholes. Do not splinter forms by driving ties through improperly prepared holes.
Provide for openings, offsets, sinkages, keyways, recesses, moldings, reglets,
I chamfers, blocking, screeds, bullheads, anchorages, inserts, and other features
required. Use selected materials to obtain required finishes.
Forms for openings and construction which accommodates installation by other
I trades, whose materials and products must be fabricated before the opportunity
exists to verify the measurements of adjacent construction which affects such
installations,shall be accurately sized and located as dimensioned on the Drawings.
IIn the event that deviation from the Drawing dimensions results in problems in the
field,the Contractor shall be responsible for resolution of the conditions as approved
by the Engineer without additional expense to the Owner.
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The second side of wall forms may not be erected until all wall reinforcing has been
placed and approved by the Engineer. Thoroughly clean the bottom before starting
Iform placement.
B. Fabrication: Fabricate forms for easy removal without hammering or prying against
concrete surfaces. Provide crush plates or wrecking plates where stripping may
' damage cast concrete surfaces. Provide top forms for inclined surfaces where the
slope is too steep to place concrete with bottom forms only. Kerf wood inserts for
forming keyways, reglets, recesses, and the like, to prevent swelling and assure
Iease of removal.
Provide temporary openings where interior area of formwork is inaccessible for
h ' cleanout,for inspection before concrete placement, and for placement of concrete.
Brace temporary closures and set tightly to temporary openings on forms in as
inconspicuous locations as possible, consistent with design requirements. Form
Iintersecting planes to provide true clean cut corners.
Walls, beams and slabs shall not have joints in a horizontal plane, except as
detailed. Provide vertical bulkheads,drilled for dowels and keys, and waterstops as
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required.
C. Falsework: Erect falsework and support, brace and maintain it to safely support
Ivertical, lateral, and asymmetrical loads applied until such loads can be supported by
CONCRETE FORMWORK 3100-3
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in-place construction. Construct falsework so that adjustments can-be made for
take-up and settlement.
Provide wedges,jacks, or camber strips to facilitate vertical adjustments. Carefully
inspect falsework and formwork during and after concrete placement operations to
determine abnormal deflection or signs of failure; make necessary adjustments to
produce work of required dimensions.
D. Forms for exposed concrete: Provide sharp, clean corners at intersecting planes,
without visible edges or offsets. Back surface joints with extra studs or girls to
maintain true, square intersections.
studs, walers, and bracingtoprevent bowingof forms
Use extra objectionable
between studs and to avoid bowed appearance in concrete. Do not use narrow
strips of form material which will produce bow.
Assemble forms so they may be readily removed without damage to exposed
concrete surfaces.
E. Corner treatment: Unless shown otherwise, form chamfers with 3/" x 3/" strips,
accurately formed and surfaced to produce uniformly straight lines and tight edge
joints on exposed concrete corners. Extend terminal edges to required limit and miter
chamfer strips at changes in direction.
F. Provision for other trades: Provide openings in concrete formwork to accommodate
work of other trades. Verify size and location of openings,recesses and chases with
the trade requiring such items. Accurately place and securely support items to be
built into forms.
G. Cleaning and tightening: Thoroughly clean forms and adjacent surfaces to receive
concrete. Remove chips,wood, sawdust,dirt,and other debris just before concrete
is placed.
Retighten forms immediately after concrete placement as required to eliminate
mortar leaks.
3.3 FORM COATINGS
Coat form contact surfaces with form-coatingcompound before reinforcement is placed. Do not
P
allow excess form coating material to accumulate in the forms or to come into contact with surfaces
which will be bonded to fresh concrete. Generally, wall forms shall be coated before erection.
Apply in accordance with manufacturer's instructions.
3.4 INSTALLATION OF EMBEDDED ITEMS
A. General: Set and build into the work anchorage devices and other embedded items
required for other work that is attached to, or supported by, cast-in-place concrete.
Use setting drawings, diagrams, templets, instructions and directions provided by
suppliers of the items to be attached thereto.
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CONCRETE FORMWORK 3100-4
1 B. Edge forms and screed strips for slabs: Set edge forms or bjjlkheads and
I intermediate screed strips for slabs to obtain required elevations and contours in the
finished slab surface. Provide and secure units to support types of screeds required.
I3.5 SHORES AND SUPPORTS
Comply with ACI 347 and ACI"Manual of Concrete Practice-Part 2"for shoring and reshoring for
structural slabs, and as herein specified. Submit a shore removal and reshoring schedule and
I drawings for the Engineer's review before proceeding with this work. Do not proceed until
schedule and drawings have been reviewed.
3.6 REMOVAL OF FORMS
A. General: Formwork not supporting concrete, such as sides of beams, walls,
I columns, and similar parts of the work, may be removed after cumulatively curing at
not less than 50'F for 48 hours after placing concrete, provided concrete is
sufficiently hard to not be damaged by form removal operation, and provided that
Icuring and protection operations are initiated and/or maintained.
B. Formwork supporting weight of concrete, such as beam soffits, joists, slabs and
other structural elements may not be removed in less than 14 days, and not until
' concrete has attained 28 day compressive design strength. Determine potential
compressive strength of in-place concrete by testing field cured specimens
representative of the concrete location or members, as specified in other Sections.
' C. Slab and beam form facing material may be removed 4 days after placement,only if
, shores and other vertical supports have been arranged to permit removal of form
Ifacing material without loosening or disturbing shores and supports.
3.7 REUSE OF FORMS
I
Clean and repair surfaces of forms to be reused in the work.Split,frayed,delaminated or otherwise
damaged formfacing material will not be acceptable. Apply new form coating compound material
concrete contact surfaces as specified for new formwork. When forms are reused for
Ito
successive concrete placement,thoroughly clean surfaces, remove fins and laitance, and tighten
forms to close all joints. Align and secure joints to avoid offsets.
PART 4-MEASUREMENT AND PAYMENT
' No separate measurement for payment will be made for the work under this Section;work shall be
incidental to other items.
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CONCRETE FORMWORK
3100-5
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SECTION 3300
CAST-IN-PLACE CONCRETE
' PART 1 - GENERAL
1.1 DESCRIPTION
I
1. Work included
:Provide all cast-in-place concrete,complete,in place, as indicated
on the Drawings,specified herein, as needed for a complete and proper installation.
IAll concrete shall be ready-mixed concrete in accordance with ASTM C 94.
2. Related work described elsewhere:
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1. Concrete formwork, Section 3100
1 2. Precast concrete, Section 3413
1.2 QUALITY ASSURANCE
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1. Standards: Comply with standards specified in this Section,except as herein after
modified.
1 1. CRSI "Manual of Standard Practice."
I2. ACI 318 "Building Code Requirements of Reinforced Concrete."
3. ACI 301 "Specifications for Structural Concrete for Buildings."
' 4. ACI 304 "Recommended Practice for Measuring, Mixing, Transporting and
Placing Concrete."
I5. ACI 305 "Hot Weather Concreting."
6. ACI 306 "Cold Weather Concreting."
7. ACI 309 "Standard Practice for Consolidation of Concrete."
IIn case of conflict between the reference standards,the more stringent requirements
shall govern. The Contractor shall be required to have in his possession on site the
latest edition of ACI"Manual of Practice-Part 2"for reference of the Contractor and
IEngineer.
2. Qualifications of installers: Throughout the progress of installation of the work of
this Section, provide at least 1 person who shall be thoroughly familiar with the
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specified requirements and knowledgeable of ACI Standards of Practice,completely
trained and experienced in the necessary skills, and who shall be present at the site
and shall direct all work performed under this Section.
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CAST-IN-PLACE CONCRETE 3300- 1
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In actual installation of work of this Section, use adequate numbers of skilled
workmen to ensure installation in strict accordance with the accepted design.
In acceptance or rejection of work performed under this Section, the Engineer will
make no allowance for lack of skill on the part of workmen.
3. Quality control: Prior to all work under this Section, make all necessary
arrangements with the testing laboratory. The testing laboratory shall:
1. Test and furnish certified reports on:
1. Proposed aggregates;
2. Proposed cements, unless such testing is waived by the Engineer;
and
3. Mixing water.
2. Prepare design mixes for each type of concrete, using previously tested and
accepted materials. These mix designs shall be prepared under the
supervision of a concrete technologist experienced in the special
considerations of materials and mixes.
3. Proportion mixes by either laboratory trial batch or field experience methods;
using materials to be employed on the work for each class or concrete
required, and reporting to the Engineer.
1. Complete identification of aggregate source of supply;
2. Results of tests of aggregates for compliance with specified
requirements;
3. Scale weight of each aggregate;
4. Absorbed water in each aggregate;
5. Brand, type, chemistry, and physical test for each cement;
6. Brandt a and amount of each admixture;
type, ,
7. Amounts of water used; 111
8. Proportions of each material per cu. yd.;
9. Gross weight and yield per cu. yd; I
10. Measured slump;
11. Measured air content;
12. If trial batch method is used:Compressive strength developed at 1
day, 3 days, 7 days, and 28 days,from not less than 3 test cylinders
cast for each 1, 3, 7, and 28 day test, and for each design mix.
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CAST-IN-PLACE CONCRETE 3300-2
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4. Furnish certified reports of each proposed mix for each type of concrete at
least 14 days prior to start of installation of the work of this Section.
5. All concrete for cast on site work for this project shall have the following
' properties: Compressive strength 4,000 psi in 28 days. Maximum
water/cement ratio 0.45. Maximum coarse aggregate size 3/4" or 1".
Minimum cement factor 51/2 sacks per cubic yard. Air content 5%±1 1/2%
I by volume and a Slump 2"-4".
Do not begin concrete production until all mixes have been reviewed and
Iaccepted by the Engineer.
Also see other requirements for testing as stated in Part 3 of this Section.
1.3 SUBMITTALS
1. General: Comply with provisions of Section 1340.
1
2. Product data: Within 30 calendar days after award of Contract.
1. Complete information on proposed consolidation equipment;
2. Complete description of proposed curing methods;
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3. Shop Drawings: Accompanying the above submittal, submit complete Shop
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Drawings including, but not necessarily limited to:
r , 1. Location of all proposed construction joints and keying;
2. Location of all openings, depressions, construction and control joints,
5 I trenches, sleeves, inserts, and other items affecting the reinforcement and
placing of the concrete.
1.4 PRODUCT HANDLING
1. Protection: Use all means necessary to protect the materials of this Section before,
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during, and after installation and to protect the work and materials of all other trades.
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2. Replacements: In the event of damage, immediately make all repairs and
I replacements necessary to the approval of the Engineer and at no additional cost to
the Owner.
PART 2- PRODUCTS
1 2.1 CEMENT
1. General: All portland cement shall conform to the requirements of ASTM C 150,
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Type I or Type II.
2. Sequence of use: Use only 1 brand of cement for the entire work and use in the
I same sequence as received at the site.
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CAST-IN-PLACE CONCRETE 3300 -3
G:1021051WPFILESISPECSWP SPECS02105 CAST W PLACE COMO 5700.DOG
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2.2 AGGREGATES
1. General: All aggregates re ates shall conform to requirements of ASTM C 33, except as
modified below.
2. Course aggregates:Course aggregate shall com I with ASTM C 33,size 57 or67.
comply
3. Aggregate sources: Provide aggregates from 1 source of supply only.
4. Aggregate sizes: Maximum aggregate size shall be not larger than 1/5 of the
narrowest dimension between sides of forms, 1/3 of the depth of slabs,nor 3/4 of the
minimum clear spacing between individual reinforcing bars or bundles of bars, nor
more than 3/4".
Stockpile the aggregates in a manner to protect from contamination.
2.3 WATER
Water used as an ingredient in concrete shall be clean, potable, and free from injurious
amounts of foreign matter.
2.4 CONCRETE ADMIXTURES
1. General:All admixtures shall be as follows:
Air-entrainingadmixtures, comply with ASTM C 260.
1. P Y
2. Water reducing admixtures, comply with ASTM C 494-Type A.
3. Water reducing retarding, comply with ASTM C 494-Type D.
4. Other admixtures shall conform to ASTM C 494 unless specific approval is
secured before starting mix design procedures.
2. Acceptable substitutes:The Engineer will only consider those proposed admixture
substitutions which have been completely tested and reported upon by the testing
laboratory in accordance with the provisions of subparagraph 1.2 C above.
3. Calcium chloride:Addition of calcium chloride to the concrete mix at the batch plant
or at the job site will not be allowed.
2.5 CURING MATERIALS
1. Liquid curing and sealing compounds shall conform to ASTM C 309, Type 1. 1
2. Sheet materials shall conform to ASTM C 171.
3. Burlap cloth made from jute or kenaf and weighing approximately 9 oz.per sq.yd.for i
moist curing shall conform to AASHTO M 182, use 2 layers.
2.6 OTHER MATERIALS 1
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CAST-IN-PLACE CONCRETE 3300-4
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1. Grout shall be a nonshrink, ready-to-use, non-metallic aggregate progduct requiring
Ionly the addition of water at the job site, and shall have the following attributes:
1. Be capable of producing a flowable grouting material having no drying
I 2.
shrinkage or settlement at any age;
The compressive strength of grout 211 cubes shall be no less than 5,000 psi
at age 7 days, and 7,500 psi at age 28 days.
I
Store, mix, and place the nonshrink grout in strict accordance with manufacturer's acturer's
recommendations as approved by the Engineer.
I2.7 BATCHING, MIXING, AND DELIVERY EQUIPMENT
I Use ready-mixed concrete from approved batching and mixing plant. Batch, mix and
transport concrete to site in accordance with provisions of ASTM C 94.
PART 3- EXECUTION
I 3.1 QUALITY ASSURANCE
1. Examine the areas and conditions under which work of this Section will be
performed. Correct conditions detrimental to the proper and timely completion of the
work. Do not proceed until unsatisfactory conditions have been corrected.
2. Routine Quality Assurance testing to determine the acceptability of the concrete will
p Y
be performed by the Engineer. These tests will include the following:
1. Slump: As per ASTM C 143.
2. Air Entrainment: As per ASTM C 173 or C 231.
I 3
F Compressive Strength: As per ASTM C 31 and C 39.
IMinimum testing will consist of the performance of the above tests, including the
taking of 4 concrete cylinders for each 50 cubic yards, or fraction thereof, placed in
any one day. Cylinders shall be broken as follows: 1 cylinder at 7 days; 2 cylinders
I at 28 days; The remaining cylinder shall be retained for breaking at a later date, as
directed by the Engineer.
The Contractor shall notify the Engineer of the time and amount of an anticipated
pour at least 48 hours in advance to allow the Engineer to schedule testing and
sampling. The Contractor shall assist the Engineer with sampling as required.
IEarly form removal, early backfilling, or other unusual construction practices will
require verification of concrete strength through the casting of additional test
cylinders. The cost of additional cylinders shall be at the Contractor's expense. The
I Contractor shall notify the Engineer at least 48 hours prior to a pour of the need for
additional cylinders.
I Should any concrete fail to meet the standards of these Specifications,the concrete
in question may be rejected, and changes in proportions of materials may be
I 4
CAST-IN-PLACE CONCRETE 3300-5
r+:'02105WNPFttESISPECSNIP SPEGSb2105 CAST IN PUCE CONC AOO.000 €
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required by the Engineer. Additional testing required as a result shall be at the
Contractor's expense.
3.2 CONCRETE PLACEMENT
1. General: Place concrete in
compliance with practices and recommendations of ACI
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304, and as herein specified.
2. Procedures: Do not place concrete on frozen, muddy or saturated soil, or into
standing water. Deposit concrete continuously or in layers of such thickness that no
concrete will be placed on concrete which has hardened sufficiently to cause the
formation of seams or planes of weakness within the section.
If a section cannot be placed continuously, provide construction joints as herein
specified and as approved by the Engineer.
Deposit concrete as nearly as practicable in its final location to avoid segregation
due to rehandling and flowing.
Do not subject concrete to any procedure which will cause segregation.
Screed concrete which is to receive other construction to the proper level and avoid
excessive skimming and grouting.
Do not use concrete which becomes nonplastic and unworkable, or does not meet
the required quality control limits, or which has been contaminated by foreign
materials, or has remained in the concrete truck for over 1 hour.
Remove rejected concrete from the site and dispose of it in a location approved by
the Engineer for that purpose.
3. Placement schedule:Place concrete in conformance with the placement schedule
to ensure an even distribution of loads throughout the entire structure.
4. Concrete conveying:Handle concrete from the point of delivery and transfer to the
concrete conveying equipment, and to the locations of final deposit, as rapidly as
practicable and by methods which will prevent segregation and loss of concrete mix
materials.
Provide runways for wheeled concrete conveying equipment from the concrete
delivery point to the locations of final deposit. Runways may not be supported on
reinforcing steel.
Keep interior surfaces of conveying equipment, including chutes and tremies, free
from hardened concrete, debris, water, and other deleterious materials.
Pumps may be used only if they can pump the mix designed. Do not add fine
aggregate or water to the mix to satisfy needs of a pumping device.
Use chutes of tremies for placing concrete where a drop of more that 72"is required.
5. Placing concrete in forms:
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CAST-IN-PLACE CONCRETE 3300-6
I
I1Deposit concrete in forms in horizontal layers not deeper that 24"and avoid
.
inclined layers.
I 2. Where placement consists of several layers, place each layer while
preceding layer is still plastic to avoid cold joints.
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3. Remove temporary spreaders in forms when concrete placing has reached
Ithe elevation of such spreaders.
4. Do not place concrete in supporting elements until the concrete previously
Iplaced in columns and walls is no longer plastic.
6. Placing concrete slabs: Deposit and consolidate concrete slabs in a continuous
operation, within the limits of construction joints, until the placing of a panel or
section is completed.
Bring slab surfaces to the correct level with a straight edge, and then strike off.
Use bullfloats or darbies to smooth the
surface, leaving it free from bumps and
hollows.
' Do not s rinkle water on theplastic surface.
p a e. Do not disturb the slab surfaces pnorto
I
start of finishing operations.
7. Cold weather placing: Comply with ACI 306 to protect all concrete work from
physical damage and reduced strength which would be caused by frost, freezing
I 8. actions, or low temperatures.
Hot weather placing: Comply with ACI 305, when hot weather conditions exist
which would seriously impair the quality and strength of concrete.
3.3 CONSOLIDATION
1. General: Consolidate all concrete in accordance with provisions of ACI 309.
tConsolidate each layer of concrete immediately after placing, by use of internal
concrete vibrators inside the forms.
Duringallphases of operation, maintain a frequency of not less than 10 0 0
P q Y 0
vibrations per minute per internal vibrator.
Do not vibrate forms or reinforcement. Do not use vibrators to transport concrete
horizontally inside the forms.
I
2. Equipment: Provide adequate number of units and power source at all times.
Maintain spare units on hand to ensure adequacy.
' If, in the opinion of the Engineer, the equipment being used is not adequate to
accomplish proper consolidation,the Engineer may order delay in further placement
of concrete until such equipment is available for use at the location of placement of
' concrete.
CAST-IN-PLACE CONCRETE 3300 -7
G C21051WPFP.ESS'ECSWP SPECS02105 CAST IN PLACE GONG SSOOAOG
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3. Procedures: Limit duration of vibration to time necessary to produce satisfactory
consolidation without causing segregation of aggregates.
Insert the vibrator so as to penetrate the lift immediately below the one being placed,
and manipulate to blend the two lifts.
Do not insert the vibrator into lower courses which have begun to set.
In the case of wall construction, assign at least 1 vibrator and vibrator-operator to
melting down the mix; and assign at least 1 other vibrator and vibrator-operator to
consolidating the mass of concrete. Spacing between insertions of the vibrator
which is used to consolidate shall not exceed twice the radius of action as shown in
table 5.1.4 of ACI 309.
Under no circumstances shall the points of insertion during the consolidation phase
be more than 18"apart.
3.4 JOINTS
1. Construction joints: Horizontal construction joints will not be permitted except as
may be shown on the Drawings or as approved by the Engineer.
If construction joints necessary for the progress of the work are not shown on the
Drawings, show them in complete detail on the Shop Drawings required under
Paragraph 1.3 C.
For slabs on grade, provide control joints to form panels or patterns as shown.
Locate the unindicated joints in a manner to divide the slab into areas not in excess
of 600 sq.ft.,with 1 dimension being not greater than 120%of the other dimension.
Provide keyways at least 1 1/2" deep in all construction joints in walls, slabs, and
between footings and walls.
Place construction joints perpendicular to the main reinforcement. Continue all
reinforcement across construction joints.
2. Isolation joints in slabs on grade: Provide isolation joints in slabs on grade at
points of contact between slabs on grade and vertical surfaces where indicated.
3.5 CONCRETE FINISHING
1. Finish of formed surfaces:
1. Rough form finish:
1. Provide as-cast rough form finish to formed concrete surfaces that
are to be concealed by the finish work or by any other construction. I
2. Standard rough form finish shall be the concrete surface having the
texture imparted by the form facing material used,with tie holes and
defective areas repaired and patched, and all fins and other
projections exceeding 1/4"in height rubbed down or chipped off.
1
CAST-IN-PLACE CONCRETE 3300-8
1
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2. Filling in: Fill in holes and openings left in concrete structures for the passage of
work of other trades, unless otherwise directed, after the work of other trades are in
place. Mix, place, and cure concrete as herein specified, to blend with in-place
Iconstruction. Provide all other miscellaneous concrete filling to complete the work.
3. Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is
still green, and then steel-troweling surfaces to a hard, dense finish with corners,
I intersections, and terminations slightly rounded.
}
4. Equipment bases and foundations: Provide machine and equipment bases and
Ifoundations as shown on the Drawings or required for the machine and equipment
III actually furnished. Set anchor bolts for machines and equipment with templates,at
correct elevations, complying with certified diagrams or templates of the
I manufacturer furnishing the machines and equipment. Provide isolation joints
surrounding bases where indicated or required.
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CAST-IN-PLACE CONCRETE 3300-9
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3.6 REMEDIAL WORK
1. General: Reinforce or replace deficient work as directed bythe Engineer and at no
P 9
additional cost to the Owner.
2. Patching: Repair defective areas and fill form-tie holes and similar defects in
ep
accordance with Chapter 9 of ACI 301.
Where, in the opinion of the Engineer, surface defects such as honeycomb occur,
repair the defective areas as directed by the Engineer.
PART 4- MEASUREMENT AND PAYMENT
No separate measurement for payment will be made for the work under this Section;work shall be
incidental to other items.
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CAST-IN-PLACE CONCRETE 3300- 10
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SECTION 3413
IPRECAST STRUCTURES h
IPART 1 —GENERAL
1.1 DESCRIPTION
IThe Contractor is to supply and install all pp y precast structures of both circular and non-circular
shapes for use as manholes, junction boxes and vaults.
{ ' 1.2 SUBMITTALS
I Comply with Section 1340. Submit Shop Drawings shall be submitted and accepted by the
Engineer prior to fabrication. Shop Drawings not required for standard circular precast manhole
sections.
1
PART 2— PRODUCTS
2.1 MATERIALS
IA. Circular Precast Concrete Structures:
1. Precast concrete rings and bases: ASTM C 478
2. Steps: shall comply with requirements of ASTM C 478.
I a. Reinforcing bar: shall be copolymer polypropylene coated, 'A inch,
Grade 60 reinforcing bar.
b. Aluminum: shall meet Federal Specification QQ-A-200/8. Tensile
strength at 38,000 psi, and yield strength of 35,000 psi. Load
capacity of 1500 lbs.at the cross bar center when projecting 4 inches
from the wall (1000 lbs. at 6 inches).
I
3. Grade Rings: shall be precast concrete, 3,000 psi minimum 28 day
compressive strength, allowing adjustment of elevation to within 2 inches.
4. Lid slabs: shall be 6 inch minimum thickness and conform to ASTM C 478.
i
I 5. Rings, covers and dust pans: shall be cast iron as manufactured by Baxter
Foundry, Boise, Idaho.
6. Adjusting rings: shall be gray cast iron, ASTM A 48, Class 25, Neenah
I R-1979-A1, A2 or A3 or equal.
7. Joints: shall be sealed with Thoro multi-grout, or approved equivalent.
I8. Exterior coating: exterior surface coating shall be coal tar epoxy or coal tar
enamel. Coal tar epoxy shall be Tnemec 46H413 or equal.
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PRECAST STRUCTURES 3413-1
G:102105\WPFLES\SPECSIA1P SPECS102105 PRECAST STRUCTURES 3413.DOC
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9. Grout: shall be Thoro multi-grout.
10. Manhole barrel to pipe connector(precast base): shall utilize a cored hole
and a flexible rubber boot in accordance with ASTM C 923. Connectors shall
be KOR-N-SEAL, A-LOK or approved equal.
B. Non-Circular Precast Concrete Structures: Shall conform to all the requirements of
circular structures above, except as modified below:
1. Concrete: 3,500 psi minimum compressive strength.
2. Reinforcing steel: ASTM A 615—Grade 60—#4 at 12 inches C-C, each
way, bars to be continuous at comers, add bars at openings.
3. Shapes and dimensions: Inside dimensions as indicated on the Contract
Drawings. Minimum wall and base thickness to be 6 inches. Cover slab to
be HS-25 rated when located in vehicular traffic areas.
4. Rings and covers: Cast iron inverted ring with aluminum cover when not in
vehicular traffic areas.
PART 3—EXECUTION
3.1 FOUNDATION PREPARATION
Excavations forprecast structures shall be over excavated 6 inches toprovide for the placement of
Class I material(1 inch minus washed rock)beneath the base area. Unauthorized excavation over
6 inches or additional over excavation required to stabilize an unstable native soil condition shall be
filled with 1 inch minus washed rock or a material directed by the Engineer.
3.2 INSTALLATION
A. Precast bases: Precast bases proposed for use in applications where an invert is
required shall be submitted and accepted by the Engineer complying with Section
1340 prior to ordering.
B. Cast-in-place bases: Cast-in-place concrete shall be thoroughly rodded around and
particularly under pipe connections to eliminate voids in the concrete and resultant
leaks.
Bases shall be allowed to cure for a minimum of 24 hours at no less than 40° F prior
to placement of precast sections. Covering of bases is required if low temperatures
less than 45° F are predicted.
C. Inverts: Invert channels where required shall be smooth and semi-circular in shape,
conforming to the inside of the incoming and outgoing lines. Changes in the
direction of flow shall be made with a smooth curve of as large a radius as the size of
the structure will permit. Changes in size and elevations shall be made with smooth,
uniform transitions across the base and formed directly in the concrete of the base.
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PRECAST STRUCTURES 3413-2
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I If pre-cast bases are permitted, inverts are to be formed prior to the setting of the
base section. In the event a pre-cast base is set to grade and its inlet and outlet
openings do not conform to the alignment of the pipes, excessive deflection of the
I pipes to facilitate the connection will not be permitted. It will then be necessary to
provide a cast-in-place base.
D. Stubouts: In structures where stubouts are required,the Engineer shall establish the
proper alignment of the stubout. Stubouts shall extend 6 to 18 inches beyond the
outside edge of the manhole base, shall be bell end, and shall be plugged with a
watertight plug. Concrete in the pipe inlet shall not be considered an acceptable
I plug.
E. Geometry: When grade rings are required to obtain the proper final grade,
I adjustments in elevation with grade rings will be limited to 1 foot. If more than 1 foot
is required, it will be necessary to add an appropriate precast section to the structure.
Conflicts with existing utilities or other unforeseen field conditions may require
exceptions to the above; however, such decisions will be made by the Engineer at
the time of occurrence.
F. Sealing: All structures are to be watertight. The exterior of all structures and all pipe
to structure connections shall be painted with a coal tar epoxy or coal tar enamel
prior to any backfill operations in the vicinity of the manhole.
ITwo rubber"0"rings shall be placed around the pipe in the area of the barrel to aid
in preventing leakage between the pipe and the concrete base or other grouted
areas when bases are constructed in the field. Precast bases shall utilize a flexible
rubber boot.
Grout shall be placed between all grade rings, grade rings and precast sections, as
Iwell as between the precast sections.
G. Backfill: All backfill around structures shall be mechanically compacted in lifts not to
exceed 6 inches.All mechanically compacted backfill shall be a minimum of 95%of
I
maximum density.
H. Grades: Grades shall be as shown on the Drawings or as directed by the Engineer.
II. Inspection: All structures will be inspected for workmanship leakage leaka a at the final
inspection. All visible leaks greater than 1 gallon per day shall be permanently
I sealed. However, leaks between barrel connections, barrels and bases, and pipe
connections may not show due to low ground water conditions. In the spring
following final project acceptance, an manhole inspection may be conducted when
I the water table is at a maximum.All leaks or other problems noted at this time will be
corrected by the Contractor. The Contractor shall provide personnel and equipment
as may be required to conduct this inspection.
IIn the event of an exceptionally dry year,when a high seasonal water table does not
occur in the inspection period, the inspection may be delayed until the next spring.
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PRECAST STRUCTURES 3413-3
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PART 4—MEASUREMENT AND PAYMENT
4.1 PRECAST STRUCTURES
Payment for precast concrete structures shall be on a unit bid price basis or as part of a lump sum
cost for project work. If no separate bid item is provided for a structure(s) payment shall be
included in the lump sum bid for related bid items.
4.2 FOUNDATION MATERIALS
No separate payment will be made for Class I foundation materials unless additional material
beyond the minimum 6 inches specified is required for foundation stabilization purposes. Payment
will then be made on a per cubic yard basis per the appropriate bid item.
4.3 LEAKAGE INSPECTION
No separate payment will be made for work related to leakage inspections.
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PRECAST STRUCTURES 3413-4
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TOOTIIMAN-0RTON ENGINEERING COMPANY
ENGINEERS-SURVEYORS-PLANTERS
3777 CION9912(10i![ZVARD
1OISZ,IDAHO 13714
2O/1y-nu-PHONIC
2119/327 t7!)-!AX
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COZORYALZ Z,IDAHO$3$13
2QI7a3iM-1HONZ
3111R4J7011-ZAR • ,
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