HomeMy WebLinkAboutPROJECT MANUAL - 21-00415 - BYUI - Sewer Line
05.24.2021
Contractor
Re: Invitation to Propose – 2021 CMPS Sewer Line Retrofit
Project No. – 12061
To Whom It May Concern:
The University would like to enter into a CM/GC with a GMP contract with your company.
Please submit a bid on the above-referenced project. The project consists of the following:
Replacement of 203' of 8" sewerline and pipe bursting of 352' of 8" sewerline
The contract award will fall under the University’s Master Services Agreement and associated
Contractor approval process. Construction may begin on 07.22.2021. Construction will
complete no later than one two three 09.09.2021.
Pre-construction services are Not Needed for this project. If pre-construction services are
needed a meeting will occur N/A at N/A, in N/A .
You will submit your proposal with your sub-contractor bids online via e-Builder no later than
06.10.2021 at 4:00 pm. A performance bond and a labor and materials payment bond for 100%
of the contract will be required for any bid proposal over $250,000.
We are looking forward to working with you on another great project.
Sincerely,
Andy Johnson
Director, Architecture and Construction Management Services
AJ/nm
Architecture & Construction Management Services • 283 University Operations • Rexburg, ID 83460-8205 • 208-496-2650
Updated 11/19 1 Notice to Bidders
NOTICE TO BIDDERS
SECTION 1 – PROJECT:
Project Name: 2021 CMPS Sewer Line Retrofit
Project Number: 12061
SECTION 2 – LOCATION: BYU-Idaho Main Campus
SECTION 3 – OWNER: BYU-Idaho
SECTION 4 – DESIGNER: The Dyer Group LLC
SECTION 5 – STANDARD CONTRACT REQUIREMENTS:
The bidder is directed to the Church of Jesus Christ of Latter-day Saints, Brigham Young University-Idaho
General Conditions For A Cost Plus A Fee with GMP (November 2019). This volume is an integral part of the
contract documents and is hereby made a part of the contract.
SECTION 6 – TIME OF COMPLETION:
Date: 09.09.2021
SECTION 7 – PRECONSTRUCTION SERVICES MEETING:
Date: Time: Place: N/A
SECTION 8 – RECEIPT AND OPENING OF BIDS:
Date: 06.10.2021
Time: 4:00 pm
Place: e-Builder
The Owner reserves the exclusive right to release all publicity relating to the proposals and the project.
SECTION 9 – GENERAL CONTRACTORS:
General Contractors will be by invitation only and are selected under BYU-Idaho’s Master Services
Agreement.
SECTION 10 – DRAWINGS:
Drawings are available through e-Builder.
END OF NOTICE TO BIDDERS
1Updated 11/19 Instructions to Bidders
INSTRUCTIONS TO BIDDERS
SECTION 1 -- BIDDING BY INVITATION
A. Bidding shall be by written invitation only. Those wanting consideration for such invitation shall apply
to:
Architecture and Construction Management Services BYU-Idaho
283 University Operations Building Rexburg,
Idaho 83460-8205
B. The Owner reserves the right to accept or reject any or all bids.
SECTION 2 -- CONTRACT DOCUMENTS
A. The Contract documents may be obtained by the Contractor from:
e-Builder.net
B. Subcontractors and suppliers who want to obtain Contract documents (plans and specifications) may do
so by contacting the invited Contractor.
SECTION 3 -- CONTRACT METHOD
A. All work specified is to be done under one general contract. Bids will be accepted by the Owner from
prime contractors only.
SECTION 4 -- INTERPRETATION OF CONTRACT DOCUMENTS
A. If any Bidder doubts the true meaning of any of the Contract documents, or finds errors, discrepancies or
omissions, he shall request a clarification from the Architect in writing through e-Builder. Any
interpretations or corrections will be made only by written addenda duly issued by the Owner through e-
Builder. Requests for clarifications must be submitted to the Architect through e-Builder at least five (5)
days before bid opening. Unwritten instructions or interpretations will have no validity.
B. Should discrepancies appear in the Contract documents that are not resolved by an addendum, it is
expressly understood that the Contractor has used the most expensive method and/or material in its bid.
SECTION 5 -- REQUIREMENTS BEFORE SUBMITTING BIDS
A. The Contractor shall become thoroughly familiar with the site and structures located there (if any). The
Contractor shall thoroughly examine all Contract documents in relation to all conditions that might
directly or indirectly affect the contract work. The bid amount shall reflect all such conditions.
SECTION 6 -- PREPARING AND SUBMITTING BIDS
A. To receive consideration, a bid must be made according to the following instructions:
2Updated 11/19 Instructions to Bidders
1. Bids shall be prepared on the BYU-Idaho Form of Proposal. All pages including the
subcontractor list shall be submitted at the time of bid.
2. Bid Tabulation of Trade Subcontractors shall show the various trade bids in a manner that
facilitates easy comparison and determination of the low bidder, with notations explaining post-
bid adjustments and rejections. No standard format is provided.
3. Signatures shall be by those authorized to execute the Contract, or by those given authority.
4. The Contractors legal name, business address and telephone number shall be stated.
5. All bids will be submitted and received through e-Builder®. No exceptions.
6. It is the Bidder's sole responsibility to see that the bid is received at the proper time. e-Builder
will not accept late bids.
7. Bidders shall accept proposals from only those subcontractors who are approved by the Owner.
Contractor will not be required to contract with any Subcontractor against whom it has a
reasonable objection. It will be assumed that the question of bonding subcontractors, where
considered desirable or necessary by the Contractor, including the cost of such bonds, has been
resolved before bids have been submitted.
8. Contractor must demonstrate that their Subcontractor procurement process is done in good-faith,
competitively bid between multiple Subcontractor trades for each subcontract. If the Contractor
or Owner deems it necessary to sole source a Subcontract, written justification must be submitted
with said proposal and must receive Owner approval prior to entering into a Subcontractual
relationship.
9. In order for the proposal to be considered valid, two or more Contractors bidding as a "joint
venture" must have the written approval of the Owner before submitting a bid. All members of a
joint venture shall sign the bid and an official representative of the joint venture shall be
designated in the proposal.
10. The term "Guaranteed Maximum Price (GMP)" shall be understood to include all work contained
in the Contract, excluding any alternates or substitutes. The Owner shall have the right to accept
alternates in any order or combination.
11. Substitutes or alternates accepted by the Owner may be included in the Contract or added by
Change Order.
12. Contractor shall submit all project documentation and correspondence using the Owner’s Project
Management Software, e-Builder®, including, but not limited to; RFI’s, change orders, potential
change orders, payment applications, inspection requests, logs, minutes, submittals; or any and all
documentation as directed by Owner.
SECTION 7 -- APPROVAL OF SUBCONTRACTORS
A. The Owner will examine the list of subcontractors submitted with the bids. The Owner reserves the right
to accept or reject any subcontract proposal.
SECTION 8 -- FACTORS AFFECTING AWARD OR REJECTION OF BID
A. The Owner reserves the right to reject any or all bids, or to waive any irregularities or informalities in bids
received. The Owner reserves the right to accept the bid that will, in the Owner's opinion, best serve the
interests of the Owner regardless of whether such bid is the lowest.
SECTION 9 -- PRIOR APPROVALS AND SUBSTITUTIONS
A. Several acceptable brands of equipment, manufactured articles or methods of construction may have been
identified in the Contract. It is not intended to close the Contract against other brands, articles, or methods
that may warrant consideration. However, unspecified materials must have prior approval by the Owner
to be considered.
3Updated 11/19 Instructions to Bidders
B. Prior Approvals: Requests for approval of unspecified materials must be made to the Architect. The
requests for prior approval shall be considered by the Architect if time permits and if properly
documented. The Architect is not bound to consider these items despite their apparent validity.
C. Fully detailed technical data, references and other information shall be furnished simultaneously with the
requests for prior approval items.
D. Such requests shall be reviewed by the Architect and the Owner. If accepted, the approved requests will
be included in an addendum.
E. The Contractor's "GMP" shall include the furnishing of only those items that are explicitly specified, or
which have received prior approval by addendum.
F. Substitutions: Any equipment or material supplier and any contractor or subcontractor may, at his option,
submit a substitute price and product for any item specified which he feels warrants consideration by the
Owner. This proposed substitution is to be listed where indicated on the bid form and shall include the
amount by which the GMP would be increased or decreased.
G. The Owner may accept or reject any substitute proposed.
H. If requested, the Contractor shall furnish information or data concerning the substitute. The Owner may
request the Contractor at his own expense to have the substitute tested by an approved testing laboratory.
SECTION 10 -- FORM OF CONTRACT
A. A copy of the form of the Contract the successful Bidder will be required to execute is included in this
specification.
SECTION 11 -- ADDENDA
A. All addenda issued before bid opening shall be included in the bid and shall be a part of the Contract.
SECTION 12 -- REQUIREMENTS IMMEDIATELY AFTER SIGNING THE CONTRACT
A. Immediately after signing the Contract, the Contractor shall furnish the following to the Owner:
1. Executed performance, labor and material payment bonds, each in an amount equal to 100
percent of the contract sum as specified in the General Conditions.
2. Insurance certificates as specified in the General Conditions.
3. Submit a Schedule of Value (SOV) process within e-Builder to serve as a basis for making
monthly payments to the Contractor.
4. A project schedule as to how he intends to construct the project. This must be, in the opinion of
the Owner, a realistic method of analyzing and scheduling each component of the work. It must
show when all trades or crafts start and finish their work. This schedule must be reviewed at least
monthly and updated as required. A critical path method of scheduling is preferred. If the
Contractor cannot produce and maintain such a schedule, this service must be obtained from an
outside consultant. The schedule must be approved by the Owner's Representative before the
Contractor submits the first payment request.
4Updated 11/19 Instructions to Bidders
B. The Contractor shall issue subcontracts as mutually agreed between the Owner and the Contractor. A
complete list of subcontractors and major suppliers including names, addresses and telephone numbers is
required within fourteen (14) days of the Owner’s subcontractor review.
SECTION 13 -- DISQUALIFICATION
If the above requirements are not satisfied, the bid may be disqualified at the discretion of the Owner.
END OF INSTRUCTIONS TO BIDDERS
Updated 11/19 Form of Proposal
BYU-Idaho
FORM OF PROPOSAL
NAME OF PROJECT 2021 CMPS Sewer Line Retrofit
PROJECT NUMBER 12061
NAME OF CONTRACTOR
DATE OF PROPOSAL
The undersigned, hereinafter referred to as the Bidder, certifies that the following facts and/or
circumstances have occurred or exist relating to the proposed work for the 2021 CMPS Sewer Line
Retrofit project prepared by The Dyer Group LLC.
l. That Bidder has received the contract documents for the above-entitled project.
2. That Bidder has received The Church of Jesus Christ of Latter-Day Saints BYU-Idaho
Standard Contract Requirements, revised February 2018.
3. That Bidder is familiar with such documents, has examined the site of the proposed work,
including availability of access, utilities, and other similar items relating to performance of
the work and is thoroughly familiar with all general and local conditions which could in
any way affect this work.
4. That no verbal agreements or representations with or by any officer, agent, or employee of
the Owner exist or have been made to the Bidder and the Bidder in submitting this proposal
is in no way relying thereon.
5. That if this proposal is accepted, Bidder will enter into a contract with the Owner in
substantially the form contained in the contract documents, and will provide the bonds,
insurance coverage and all other items required by the contract documents.
6. The term "Guaranteed Maximum Price (GMP)" shall be understood to include all work
contained in the contract documents excluding any substitutes or alternates. The Owner will
have the right to accept Alternates in any order or combination.
Bidder hereby proposes to furnish all materials, labor, equipment, plant, tools, transportation, services, and licenses
and permits necessary for the completion of all the work set forth in the contract documents in accordance with the
contract unit prices stipulated in the following Bid Schedule:
Estimated Estimated
Item Unit Quantity Unit Price Total Cost
2021 Sewer Line Retrofit
1. Mobilization LS 1 ________ ________
2. Manhole Connections (Gravity) LS 1 ________ ________
3. 8” Gravity Sewer Replacement LF 205 ________ ________
4. 8” Concrete Slab Restoration LS 1 ________ ________
Updated 11/19 Form of Proposal
5. 6” Concrete Sidewalk Restoration LS 1 ________ ________
6. Concrete Curb Restoration LS 1 ________ ________
7. Asphalt Pavement Restoration LS 1 ________ ________
8. Brick Paver Removal/Replacement LS 1 ________ ________
9. Steam Line Crossing Restoration LS 1 ________ ________
10. Bypass Pumping LS 1 ________ ________
11. Spot Excavation and Repair LS 1 ________ ________
12. Manhole Removal LS 1 ________ ________
13. 8” Pipe Burst Manhole Connects LS 1 ________ ________
14. 8” Pipe Bursting LF 355 ________ ________
15. Pedestrian and Traffic Control LS 1 ________ ________
16. Rock Excavation CY 10 ________ ________
17. Miscellaneous Work UNIT 10,000 1.00 10,000.00
Total ________
Write total in words:
Allowance(s):
NONE
Alternate(s):
NONE
AS FURTHER CONDITIONS OF THIS PROPOSAL:
l. The Bidder agrees to complete the work on or before 09.09.2021.
2. The Bidder acknowledges receipt of addenda No. (s) .
3. The Bidder’s contractor’s license number is .
4. Is your bonding capacity adequate for this job? Yes No
5. For verification call .
Telephone Number .
6. Is your license limit adequate for this job? Yes No
PROPOSED SUBSTITUTE MATERIALS
The total sum of the Bidder's proposal shall include the furnishing and installing of all materials,
equipment, and labor as called for in the contract documents as a GMP.
Hereafter give the total amount to be added or deducted for a complete installation of equipment or
materials other than those specified and those approved by addendum are submitted for the Owner's
Updated 11/19 Form of Proposal
consideration. All materials and equipment proposed for substitution shall be listed below and must meet
the requirements of the contract documents. During the time of consideration of the proposals, complete
information shall be submitted immediately to the Architect and Owner's Representative. The Contractor
is referred to the Instructions to Bidders, Section 9, Prior Approvals and Substitutions for requirements
relative to proposed substitutions.
Proposed Substitute Manufacturer & Catalog #’s $ Add $ Deduct
TYPE OF BIDDER'S ORGANIZATION:
Official Name of Organization
Corporation, Co-partnership, Individual, or Other
Address
Name of Individual Members of Firm
Name of President of Corporation
Name of Secretary of Corporation
Corporation is organized under the laws of the State of
Signature
[Seal] Title or Office
Legal Address
BIDDER'S LIST OF SUBCONTRACT BIDS USED IN PROPOSAL
(LIST OF SUBCONTRACTORS-MAY USE COSNTRACTORS FORMAT)
NAME OF PROJECT: 2021 CMPS Sewer Line Retrofit
PROJECT NUMBER: 12061
OWNER'S NAME: BYU-Idaho
DI
V
.
SUBCONTRACT
CLASSIFICATIONS
SUBCONTRACTOR USED
AMOUNT
GENERAL CONDITIONS
For A Cost Plus A Fee With GMP Project
T A B L E O F C O N T E N T S
SECTION 1 GENERAL PROVISIONS SECTION 9 TIME
SECTION 2 OWNER SECTION 10 PAYMENTS AND COMPLETION
SECTION 3 CONTRACTOR SECTION 11 PROTECTION OF PERSONS AND
SECTION 4 ADMINISTRATION OF THE PROPERTY
SECTION 5 CONTRACT
SUBCONTRACTORS
SECTION 12 SECTION 13 INSURANCE AND BONDS
UNCOVERING AND CORRECTION
SECTION 6 CONSTRUCTION BY OWNER OR OF WORK
BY SEPARATE CONTRACTORS SECTION 14 RESOLUTION OF DISPUTES
SECTION 7 COST OF THE WORK SECTION 15 TERMINATION
SECTION 8 CHANGES IN THE WORK SECTION 16 MISCELLANEOUS PROVISIONS
SECTION 1 - GENERAL PROVISIONS
1.1. DEFINITIONS
A. Adverse Weather: weather conditions that are seasonably abnormal and could not reasonably have been anticipated.
B. Agreement: the Agreement Between Owner and Contractor for a Cost Plus A Fee With GMP Project, executed by Owner
and Contractor for performance of the Work.
C. Allowance: the items identified as such in the Schedule of Values.
D. Change In The Work: a modification to the requirements of the Contract Documents or a delay in Substantial Completion
resulting from an instruction from Owner or Consultant to Contractor or from another event or circumstance.
E. Change Order: a written instrument signed by Owner, Contractor, and Consultant stating their agreement upon the following:
(1) the occurrence of a Change in the Work; (2) the amount of the adjustment, if any, in the Guaranteed Maximum Price as a
result of the Change in the Work; and (3) the extent of the adjustment, if any, in the Contract Time as a result of the Change
in the Work.
F. Construction Change Directive: a written order signed by Consultant and Owner which: (1) orders a Change in the Work if
the terms of a Change Order cannot be agreed upon prior to performance of a Change in the Work described in Section 8.1
or after occurrence of an event or circumstance described in Section 8.2; and (2) states a proposed basis for adjustment, if
any, in the Guaranteed Maximum Price, the Contract Time, or both, resulting from the Change in the Work.
G. Consultant: the entity identified as such in the Agreement.
H. Contract Documents: the documents identified as such in the Agreement.
I. Contract Sum: the total amount set forth in the Agreement payable by Owner to Contractor for performance of the Work.
J. Contract Time: the period of time set forth in the Agreement for the Substantial Completion of the Work.
K. Contractor: the entity identified as such in the Agreement.
L. Cost of the Work: the costs described in Section 7.1 necessarily incurred by Contractor in the proper performance of the
Work.
BYU Idaho General Conditions For A Cost Plus A Fee With GMP Project 11/19 Page 1 of 27
BYU Idaho General Conditions For A Cost Plus A Fee With GMP Project 11/19 Page 2 of 27
M. Day: calendar day unless otherwise specifically defined.
N. Defects or Defective Work: Work that does not conform to the Contract Documents or does not meet requirements of any
inspection, standard, code, test or approval referred to in the Contract Documents, or that has been damaged.
O. Drawings: the documents identified as such in the Agreement.
P. Field Change: a written order prepared by Consultant and acknowledged by Contractor for a minor Change in the Work
consistent with the general intent of the Contract Documents, resulting in no time extension and additional Cost of the Work
in the amount of $1,000 or less, and that is necessary to avoid delaying the Work.
Q. Guaranteed Maximum Price: the maximum amount Owner is required to pay Contractor for performance of the Work as set
forth in the Agreement.
R. Modification: a written amendment to the Contract Documents in the form of a:
1. Change Order;
2. Construction Change Directive; or
3. Field Change.
S. Owner: the entity identified as such in the Agreement.
T. Owner’s Project Management System: the e–Builder or other electronic project management system designated by Owner
for the Project.
U. Project: the total construction designed by Consultant of which the Work performed under the Contract Documents may be
the whole or a part.
V. Product Data: illustrations, schedules, performance charts, instructions, brochures, diagrams, and other information
furnished by Contractor to illustrate details regarding materials or equipment to be used in the Work, or the manner of
installation, operation, or maintenance of such materials or equipment.
W. Project Manual: the document identified as such in the Agreement.
X. Project Site: the site identified as the “Project Site” in the Agreement.
Y. Samples and Mock-ups: physical examples that illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged.
Z. Schedule of Values: a schedule which allocates the Guaranteed Maximum Price amongst the various portions of the Work.
AA. Shop Drawings: drawings, diagrams, illustrations, schedules, performance charts, fabrication and installation drawings,
setting diagrams, patterns, templates, and other data that illustrate some portion of the Work and confirm dimensions and
conformance to the Contract Documents specially prepared by Contractor or any Subcontractor, manufacturer, supplier, or
distributor.
BB. Specifications: the documents identified as such in the Agreement.
CC. Subcontractor: any entity supplying labor, materials, equipment, construction or services for the Work under separate
contract with Contractor or any other Subcontractor.
DD. Subcontractor’s Direct Costs: actual costs incurred by a Subcontractor for labor, materials, equipment, insurance, bonds,
lower-tier Subcontractors and supervision resulting from a Change in the Work.
EE. Submittals: Shop Drawings, Product Data, Samples and Mock-ups and any other documents or items furnished by
Contractor or its Subcontractors to Owner or Consultant to demonstrate how any portion of the Work will be accomplished or
the type of materials or products that will be used in such Work.
FF. Substantial Completion: completion of the Work to a point where Owner can occupy and use the Work for its intended
purposes, as evidenced by a temporary or permanent certificate of occupancy issued by the governmental entity issuing the
building permit for the Project and the Consultant’s certification that Contractor has achieved Substantial Completion of the
Work.. The date of Substantial Completion is the date certified as such by Consultant and accepted by Owner in accordance
with the Contract Documents.
BYU Idaho General Conditions For A Cost Plus A Fee With GMP Project 11/19 Page 3 of 27
GG. Unforeseen Subsurface Condition: a subsurface condition which neither Contractor nor its Subcontractors were aware of at
the time the Agreement was executed and which would not likely have been discovered through a reasonable inspection of
the Project Site, or through digging of test holes or other investigation Contractor might reasonably have been expected to
conduct, which is materially different from the conditions represented in the Contract Documents or which might reasonably
have been expected to exist under the circumstances.
HH. Work: all labor, materials, equipment, construction, and services required by the Contract Documents.
II. Written Notice: notice in writing given from one party to the other at the address, or e-mail (including a duplicate copy
through Owner’s Project Management System) listed in the Agreement, or at such other address, or e-mail as the parties will
designate from time to time by Written Notice, and will be effective at the earliest of:
1. The date of personal delivery to the other party with signed acknowledgment of receipt; or
2. The date of acknowledgement of receipt by e-mail from the other party that received the notice by e-mail: or
3. The date of receipt by the other party as stated on the return receipt if sent by registered or certified mail, or by courier.
1.2. BUSINESS INTEGRITY
A. Contractor covenants and represents that it, and its employees, officers, agents, consultants and Subcontractors have not
and will not pay, give or offer or promise to pay or give any money or thing of value to any government official or employee,
political party, or candidate for political office (collectively, “Government Recipient”) or any other person, while knowing or
having reason to know that all or a portion of such money or thing of value will be paid, given, offered or promised, directly or
indirectly, to any Government Recipient, for purposes of obtaining an advantage or influencing any act or decision of a
Government Recipient or inducing a Government Recipient to use his, her or its influence with the government or
instrumentality thereof to affect or influence any act or decision of such government or instrumentality.
B. Contractor shall ensure that any real or potential conflicts of interest are avoided and disclosed promptly to Owner.
C. Contractor warrants that it has not and will not pay or receive any contingent fees, funds, kickbacks, benefits, monies, or
gratuities to or from other contractors, Subcontractors (of whatever tier), including their agents, officers, employees, owners,
subcontractors, or others, from whom they may be liable, to secure preferential treatment and/or to receive benefits or
monies beyond the allocation fully disclosed to Owner in the Contract Documents. Contractor further warrants that it has not
falsified nor will it falsify or obscure any bid, payment, or other Project related documents.
1.3. CORRELATION AND INTENT OF CONTRACT DOCUMENTS
A. The intent of the Contract Documents is to require Contractor to provide all labor, materials, equipment, construction, and
services necessary for the proper execution and completion of the Work. The Contract Documents are complementary and
what is required by any one will be as binding as if required by all. Contractor will perform the Work in accordance with the
requirements expressly set forth in or reasonably inferable from the Contract Documents.
B. The organization of the Contract Documents is not intended to control Contractor in dividing the Work among Subcontractors
or to establish the extent of the Work to be performed by any trade.
C. Words used in the Contract Documents that have well known technical or trade meanings are used therein in accordance
with such recognized meanings.
D. In the interest of brevity, the Contract Documents may omit modifying words such as "all" and "any" and articles such as
"the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended
to affect the interpretation of either statement.
1.4. OWNERSHIP AND USE OF CONTRACT DOCUMENTS
The Contract Documents and copies thereof are the property of Owner. Contractor will not use these documents on any other
project. Contractor may retain one (1) copy of the Drawings and the Project Manual as a contract record set and will return or
destroy all remaining copies following final completion of the Work.
1.5. OWNERSHIP AND USE OF RENDERINGS AND PHOTGRAPHS
Renderings representing the Work are the property of Owner. All photographs of the Work, whether taken during performance
of the Work or at completion, are the property of the Owner. The Owner reserves all rights including copyrights to renderings
and photographs of the Work. No renderings or photographs shall be used or distributed without written consent of the Owner.
BYU Idaho General Conditions For A Cost Plus A Fee With GMP Project 11/19 Page 4 of 27
1.6. PUBLIC STATEMENTS REGARDING PROJECT
Contractor will not make any statements or provide any information to the media about the Project without the prior written
consent of Owner. If Contractor receives any requests for information from media, Contractor will refer such requests to Owner.
1.7. CONFIDENTIALITY / PROPERTY RIGHTS
A. Owner will retain ownership and intellectual property rights in all plans, designs, drawings, documents, concepts, and
materials provided by or on behalf of Owner to Contractor and to all work products of Contractor for or relative to Work
performed under this Agreement, such products, services, and Work of Contractor constituting works made for hire.
Contractor will not reuse any portions of such items provided by Owner or developed by Contractor for Owner pursuant to
this Agreement, or disclose any such items to any third party without the prior written consent of Owner. Owner may
withhold its consent in its’ absolute discretion.
B. Contractor shall ensure that Contractor, Subcontractors, and the employees, agents and representatives of Contractor and
its Subcontractors maintain in strict confidence, and shall use and disclose only as authorized by Owner all Confidential
Information of Owner that Contractor receives in connection with the performance of this Agreement. Notwithstanding the
foregoing, Contractor may use and disclose any information to the extent required by an order of any court or governmental
authority, but only after it has notified Owner and Owner has had an opportunity to obtain reasonable protection for such
information in connection with such disclosure. For purposes of this Agreement, “Confidential Information” means:
1. The name or address of any affiliate, customer or contractor of Owner or any information concerning the transactions of
any such person with Owner;
2. Any information relating to contracts, agreements, business plans, budgets or other financial information of
Owner to the extent such information has not been made available to the public by the Owner; and
3. Any other information that is marked or noted as confidential by the Owner at the time of its disclosure.
1.8. COMPLY WITH INTELLECTUAL PROPERTY RIGHTS OF OTHERS
Contractor represents and warrants that no Work (with its means, methods, goods, and services attendant thereto), provided to
Owner will infringe or violate any right of any third party and that Owner may use and exploit such Work, means, methods,
goods, and services without liability or obligation to any person or entity (specifically and without limitation, such Work, means,
methods, goods, and services will not violate rights under any patent, copyright, trademark, or other intellectual property right or
application for the same).
1.9. NO COMMERCIAL USE OF TRANSACTION OR RELATIONSHIP
A. Without the prior written consent of Owner, which Owner may grant or withhold in its sole discretion, neither Contractor nor
Contractor’s affiliates, officers, directors, agents, representatives, shareholders, members, Subcontractors, Sub-
subcontractors or employees shall make any private commercial use of their relationship to Owner or the Project, including
but not limited to:
1. By referring to this Agreement, Owner, or the Project verbally or in any sales, marketing or other literature, letters, client
lists, press releases, brochures or other written materials except as may be necessary for Contractor to perform
Contractor’s obligations under the terms of this Agreement;
2. By using or allowing the use of any photographs of the Work or any part thereof, or of any service marks, trademarks or
trade names or other intellectual property now or which may hereafter be associated with, owned by or licensed by
Owner in connection with any service or product; or
3. By contracting with or receiving money or anything of value from any person or commercial entity to facilitate such
person or entity obtaining any type of commercial identification, advertising or visibility in connection with the Project.
SECTION 2 - OWNER
2.1. OWNER’S DESIGNATED REPRESENTATIVE
Owner will designate in writing a representative who will have express authority to bind Owner with respect to all matters
requiring Owner’s approval or authorization. Owner’s initial designated representative is the person identified in the Agreement
to receive Written Notice for the Owner.
2.2. INFORMATION AND SERVICES REQUIRED OF OWNER
A. Owner will be responsible for establishment of property lines and bench marks for Project Site development activities.
BYU Idaho General Conditions For A Cost Plus A Fee With GMP Project 11/19 Page 5 of 27
B. Owner will furnish to Contractor digital copies of the Drawings, the Project Manual, and the Addenda through the Owner’s
Project Management System.
C. Owner will furnish to Contractor any information or services it is required to furnish under the Contract Documents with
reasonable promptness to avoid delay in the orderly progress of the Work.
2.3. OWNER'S RIGHT TO INSPECT THE WORK
Owner and its representatives will have the right to inspect any portion of the Work wherever located at any time.
2.4. OWNER'S RIGHT TO STOP THE WORK
If Contractor fails to carry out the Work in accordance with the Contract Documents or fails to correct Work that is not in
accordance with the Contract Documents in a timely manner, Owner may order Contractor in writing to stop the Work, or any
portion thereof, until the cause for such order has been eliminated.
SECTION 3 - CONTRACTOR
3.1. REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
A. By executing the Agreement, Contractor represents that it has visited the Project Site, familiarized itself with the local conditions under which the Work is to be performed, and correlated its own observations with the requirements of the
Contract Documents.
B. Contractor will carefully review and compare the Contract Documents and any other available information relating to the
Project prior to commencing and during performance of each portion of the Work and will immediately report to Consultant
and Owner any errors, inconsistencies, and omissions it discovers.
C. Should Contractor or any of its Subcontractors become aware of any question regarding the meaning or intent of any part of
the Contract Documents prior to commencing that portion of the Work about which there is a question, Contractor will
request an interpretation or clarification from Consultant before proceeding. Contractor proceeds at its own risk if it proceeds
with the Work without first making such a request and receiving an interpretation or clarification from Consultant. If neither
Contractor nor its Subcontractors become aware of the question until after work on the relevant portion of the Work has commenced, then the following precedence will govern for purposes of determining whether resolution of the question
constitutes a Change in the Work:
1. The Agreement takes precedence over all other Contract Documents.
2. The General Conditions take precedence over the Drawings and the Specifications.
3. An Addendum or a Modification takes precedence over the document(s) modified by the Addendum or Modification.
4. The Specifications take precedence over the Drawings.
5. Within the Drawings, larger scale drawings take precedence over smaller scale drawings, figured dimensions over
scaled dimensions, and noted materials over graphic indications.
D. Contractor will give Consultant written notice of any additional drawings, specifications, or instructions required to define the
Work in greater detail, or to permit the proper progress of the Work, sufficiently in advance of the need for information so as
not to delay the Work.
E. It is not Contractor's responsibility to ascertain that the Contract Documents are in accordance with requirements of
applicable laws, statutes, ordinances, building codes, rules and regulations. However, if Contractor observes that portions of
the Contract Documents are at variance with those requirements, Contractor will immediately notify Consultant in writing.
Contractor will not proceed unless Owner and/or Consultant makes Modifications to the Contract Documents required for
compliance with such requirements. Contractor will be fully responsible for any work knowingly performed contrary to such
requirements and will fully indemnify Owner against loss and bear all costs and penalties arising therefrom.
F. Contractor will take field measurements and verify field conditions and will compare such field measurements and conditions
and other information known to Contractor with the Contract Documents before ordering any materials or commencing
construction activities. Contractor will immediately report errors, inconsistencies, and omissions that it discovers to Consultant. If Contractor orders materials or commences construction activities before taking field measurements and
verifying field conditions, Contractor will not be entitled to any compensation for additional costs to Contractor resulting from
field measurements or conditions different from those anticipated by Contractor which would have been avoided had
Contractor taken field measurements and verified field conditions prior to ordering the materials or commencing construction
activities.
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G. If, in the performance of the Work, Contractor encounters Unforeseen Subsurface Conditions or other Project Site conditions
materially different from those indicated in the Contract Documents or other information provided by Owner or Consultant to
Contractor or which could reasonably have been expected under the circumstances, Contractor will notify Consultant and
Owner in writing of such differing Project Site conditions in accordance with the requirements of Section 8.2. Contractor’s
failure to do so will constitute a waiver of any entitlement to an adjustment in the Contract Time or Guaranteed Maximum
Price as a result of such conditions.
H. Where the Contract Documents require Contractor to provide professional architectural or engineering services, Contractor
will ensure that such services are performed by appropriately licensed professionals.
I. Contractor will submit all project documentation and correspondence using the Owner’s Project Management System,
including but not limited to RFI’s, payment applications, inspection requests, logs, minutes, submittals, change order
proposals, Change Orders, or any and all other project documentation as directed by Owner.
3.2. SUPERVISION OF CONSTRUCTION PROCEDURES
A. Contractor will supervise and direct the Work. Contractor will be solely responsible for all construction means, methods,
techniques, sequences, and procedures and for coordinating all portions of the Work. All loss, damage, liability, or cost of
correcting Defective Work arising from the use of any construction means, methods, techniques, sequences or procedures
will be borne by Contractor, notwithstanding that such construction means, methods, techniques, sequences or procedures
are referred to, indicated or implied by the Contract Documents, unless Contractor has given timely notice to Owner and
Consultant in writing that such means, methods, techniques, sequences or procedures are not safe or suitable, and Owner
has then instructed Contractor in writing to proceed at Owner’s risk.
B. Contractor will utilize its best skill, efforts, and judgment to provide efficient business administration and supervision, to
furnish at all times an adequate supply of workers and materials, and to perform the Work in an expeditious and economical
manner consistent with the interests of Owner.
C. Contractor will be responsible for:
1. The proper observance of property lines and set back requirements as shown in the Contract Documents;
2. The location and layout of the Work as shown in the Contract Documents with respect to the position of the Work on the
property and the elevation of the Work in relation to grade; and
3. Setting and maintaining construction stakes.
D. Contractor will be responsible to Owner for the acts and omissions of its employees and Subcontractors as well as persons
either directly or indirectly employed by Subcontractors.
E. Contractor will not be relieved of its obligation to perform the Work in accordance with the Contract Documents as a result of
any tests, inspections, or approvals by Owner, Consultant or their subconsultants.
F. Contractor will be responsible for inspections of portions of the Work already completed to determine that such portions are
in proper condition to receive subsequent portions of the Work.
G. Contractor will remedy or repair all damage or loss to the Work and/or any property of the Owner or any other party caused
in whole or in part by Contractor, any Subcontractor, or anyone for whose acts they are liable. Costs incurred in remedying
or repairing such damage or loss shall not constitute a Cost of the Work.
H. Contractor recognizes that the Project Site and the surrounding area is frequently visited by the public and is important to
Owner’s image and function and will maintain the premises free from debris and waste materials resulting from Work. At the
completion of the Work, Contractor shall promptly remove construction equipment, tools, surplus materials, waste materials
and debris.
3.3. LABOR AND MATERIALS
A. Unless otherwise provided in the Contract Documents, Contractor will provide and pay for all labor, materials, equipment,
tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion
of the Work.
B. Contractor will at all times enforce strict discipline and good order among those performing the Work and will not permit
employment of any unfit person or anyone not skilled in the tasks assigned to them.
C. Contractor is fully responsible for the Project and all materials and work connected therewith until Owner has accepted the
Work in writing. Contractor will replace or repair at its own expense any materials or work damaged or stolen, regardless of
whether it has received payment for such work or materials from the Owner.
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D. Contractor will be responsible for determining that all materials furnished for the Work meet all requirements of the Contract
Documents. Consultant or Owner may require Contractor to produce reasonable evidence that a material meets such
requirements, such as certified reports of past tests by qualified testing laboratories, reports of studies by qualified experts,
or other evidence which, in the opinion of Consultant or Owner, would lead to a reasonable certainty that any material used,
or proposed to be used, in the work meets the requirements of the Contract Documents. All such data will be furnished at
Contractor’s expense. This provision will not require Contractor to pay for periodic testing of different batches of the same
material, unless such testing is specifically required by the Contract Documents to be performed at Contractor’s expense.
E. Contractor will coordinate and supervise the work performed by Subcontractors so that the Work is carried out without
conflict between trades and so that no trade, at any time, causes delay to the general progress of the Work. Contractor and
all Subcontractors will at all times afford each trade, any separate contractor, or Owner, reasonable opportunity for the
installation of Work and the storage of materials.
F. Contractor warrants to Owner that the materials and equipment furnished for the Work will be new unless otherwise specified
by the Contract Documents, and that the Work will be free from defects, and will conform with the requirements of the
Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective in the discretion of Owner. If required by Consultant or Owner, Contractor will
furnish satisfactory evidence as to the kind and quality of the materials and equipment used in performing the Work.
G. Owner may elect to purchase materials required for the Work. In that event, Contractor will comply with the procedures set
forth in the Contract Documents relating to such materials.
3.4. COMPLIANCE WITH LAWS
Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of any public authorities relating to
performance of the Work.
3.5. TAXES
A. Contractor will pay all privilege, sales, use, consumer, payroll, workers compensation, unemployment, old age pension,
surtax, and similar taxes assessed in connection with the performance of the Work.
B. Owner will pay all taxes and assessments on the real property comprising the Project Site.
3.6. PERMITS AND FEES
A. Owner will obtain and pay for all zoning and use permits and permanent easements necessary for completion of the Work.
B. Contractor will obtain and pay for plan checks and the building permit. While such items will constitute a Cost of the Work,
Contractor will not be entitled to charge the Contractor’s Fee for the cost of such items.
C. Contractor will obtain and pay for all other permits, governmental fees, licenses and inspections necessary for the proper
execution and completion of the Work. While such items will constitute a Cost of the Work, Contractor will not be entitled to
charge the Contractor’s Fee for the cost of such items.
D. Contractor will secure any certificates of inspection and of occupancy required by authorities having jurisdiction over the
Work. Contractor will deliver these certificates to Consultant prior to issuance of the Certificate of Substantial Completion.
3.7. CONTRACTOR'S ON-SITE REPRESENTATIVE
Contractor will employ a competent representative acceptable to Owner to supervise on-site the performance of the Work. This
representative will be designated in writing by Contractor prior to commencement of work and will not be changed prior to
completion of all punchlist items listed in the Consultant’s Certificate of Substantial Completion without prior written consent of
Owner. This representative will represent Contractor for all purposes, including communication with Owner.
3.8. CONTRACTOR'S CONSTRUCTION SCHEDULES
Contractor will prepare and submit for Owner's and Consultant's review and information Contractor's construction schedule for
the Work in a format acceptable to Owner. The schedule will show Contractor’s proposed critical path for performance of the
Work, dates for the submission of and Consultant’s review of Submittals, dates for ordering of long-lead items, and dates for
delivery of Owner-furnished items.
3.9. DOCUMENTS AND SUBMITTALS AT THE PROJECT SITE
Contractor will keep at the Project Site for use by Owner, Consultant, or their representatives, a record copy of the Project
Manual, the Drawings, all Addenda, all Submittals and all Modifications. The Contractor will maintain these documents and
other items in good order and currently marked to record changes and selections made during construction. In addition,
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Contractor will keep at the Project site one copy of all Submittals. In addition, these currently marked documents showing
changes and selections as well as all Submittals will be provided and maintained by Contractor on the Owner’s Project
Management System.
3.10. SUBMITTALS
A. Submittals are not Contract Documents and do not alter the requirements of the Contract Documents unless incorporated
into the Contract Documents by a Modification.
B. Contractor will review, approve, and submit to Consultant, through Owner’s Project Management System, Submittals in
accordance with the Contract Documents. By approving Submittals, Contractor represents that it has determined and verified
field measurements, field construction criteria, materials, catalog numbers, and similar data, and that it has checked and
coordinated each Submittal with the requirements of the Work and of the Contract Documents. In reviewing Submittals
Consultant will be entitled to rely upon Contractor’s representation that such information is correct and accurate.
C. Contractor will inform Consultant in writing at the time of submission of any Submittal or portion thereof which deviates from
the requirements of the Contract Documents. Contractor will provide Consultant with documentation demonstrating to
Consultant that the Submittal is equal to or better than the specified product or work. Contractor will not be relieved of
responsibility for deviations from the requirements of the Contract Documents by Consultant’s acceptance of a Submittal
unless Contractor has informed Consultant in writing of the deviation and Consultant has incorporated the deviation into the
Contract Documents by a Modification.
D. Contractor will not perform any portions of the Work requiring Submittals until the respective Submittal has been reviewed
and accepted in writing by Consultant.
E. When professional certification of performance criteria of materials, systems or equipment is required by the Contract
Documents, Owner will be entitled to rely upon such certifications, and neither Owner nor Consultant will be expected to
make any independent examination with respect thereto.
F. Consultant is not required to take any action with respect to Submittals not required by the Contract Documents.
3.11. CUTTING AND PATCHING
A. Contractor will be responsible for any cutting, fitting, and patching that may be required to complete the Work and make its
parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the
cutting, fitting, or patching unless otherwise required by the Contract Documents.
B. Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or
Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. Contractor shall not cut
or otherwise alter construction by the Owner or a Separate Contractor except with the written consent of the Owner and of
the Separate Contractor. Consent shall not be unreasonably withheld.
3.12. ACCESS TO WORK
Contractor will permit Owner, Consultant their representatives and subconsultants access to the Work wherever located at any
time.
3.13. ROYALTIES AND PATENTS
Contractor will pay all royalties and license fees required by the Work or by Contractor's chosen method of performing the Work.
Contractor will defend and hold Owner harmless from all suits or claims for infringement of any patent, license or other
intellectual property rights or any loss on account thereof.
3.14. INDEMNIFICATION
A. Contractor will indemnify, defend, and hold harmless Owner and Owner's representatives, employees, agents, architects,
and consultants from and against any and all claims, damages, liability, demands, costs, judgments, awards, settlements,
causes of action, losses and expenses (collectively “Claims” or “Claim”), including but not limited to attorney fees, consultant
fees, expert fees, copy costs, and other expenses, arising out of or resulting from the performance of or failure to perform the
Work, attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of real or personal property or
intangibles, including loss of use resulting therefrom, except to the extent that such liability arises out of the negligence of
Owner, its representatives, agents, and employees. This indemnity includes, without limitation, indemnification of Owner from
all losses or injury to Owner’s property arising out of or resulting from performance of or failure to perform the Work, except
to the extent that such loss or injury arises out of the negligence of Owner, its representatives, agents, and employees. This
indemnity applies, without limitation, to include Claims occurring both during performance of the Work and/or subsequent to
completion of the Work. In the event that any Claim is caused in part by the negligence of a party indemnified hereunder,
that party will bear the cost of such Claim to the extent its negligence was the cause thereof. In the event that a claimant
asserts a Claim for recovery against any party indemnified hereunder, the party indemnified hereunder may tender the
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defense of such Claim to Contractor. Contractor will defend the party indemnified hereunder with legal counsel acceptable to
the party indemnified hereunder. If Contractor rejects such tender of defense and it is later determined that the negligence of
the party indemnified hereunder did not cause all of the Claim, Contractor will reimburse the party indemnified hereunder for
all costs and expenses incurred by that party in defending against the Claim. Contractor will not be liable hereunder to
indemnify any party for damages resulting from the sole negligence of that party.
B. In addition to the foregoing, Contractor will be liable to defend Owner in any lawsuit filed by any Subcontractor relating to the
Project. Where liens have been filed against Owner's property, Contractor (and/or its bonding company which has issued
bonds for the Project) will obtain lien releases and record them in the appropriate county and/or local jurisdiction and provide
Owner with a title free and clear from any liens of Subcontractors. In the event that Contractor and/or its bonding company
are unable to obtain a lien release, Owner in its absolute discretion may require Contractor to provide a bond around the lien
or a bond to discharge the lien, at Contractor's sole expense.
C. In addition to the foregoing, Contractor will indemnify and hold Owner harmless from any claim of any other contractor
resulting from the performance, nonperformance or delay in performance of the Work by Contractor.
D. The indemnification obligation herein will not be limited by a limitation on the amount or type of damages, compensation or
benefits payable by or for Contractor or a Subcontractor under worker's compensation acts, disability benefit acts, or other
employee benefit acts.
E. The indemnification obligations contained herein shall survive the termination or completion of the Agreement up to a period
ending the later of 10 years from the date of Substantial Completion of the Work or such longer time as permitted by law for
assertion of a claim by the Owner, or by any third party against Owner, resulting from the Work.
3.15. COST CONTROL
Contractor will operate a system of cost control for the Work, including regular monitoring of actual costs for activities in
progress and estimates for uncompleted tasks and proposed changes. Contractor will identify variances between actual and
estimated costs and report the variances to Owner when requested by the Owner.
3.16. PROJECT MEETINGS
Contractor will attend and participate in Project meetings as requested by the Owner.
SECTION 4 - ADMINISTRATION OF THE CONTRACT
4.1. CONSULTANT
In the event that Owner terminates its contractual relationship with Consultant, Owner will appoint in writing another consultant, whose status under the Contract Documents will be that of the former Consultant in all respects.
4.2. CONSULTANT'S ADMINISTRATION OF THE CONTRACT
A. Consultant will make periodic visits to the Project Site to familiarize itself generally with the progress and quality of the Work
and to observe if the Work is proceeding in accordance with the Contract Documents. Although Consultant is required to
make periodic inspections, it is not required to make exhaustive or continuous onsite inspections. On the basis of its
observations while at the Project Site, Consultant will keep Owner informed of the progress of the Work and will endeavor to
guard Owner against defects and deficiencies in the Work. Consultant’s failure to detect a defect or deficiency in the Work
will not relieve Contractor of its duty to perform the Work in accordance with the Contract Documents.
B. Consultant will review Contractor's payment requests and certify the amounts due Contractor in accordance with Section 10.
C. Communications between Contractor and Owner relating to the Work will be through Consultant. Communications between
Owner or Contractor with Consultant’s subconsultants relating to the Work will be through Consultant. Communications
between Owner or Consultant and Subcontractors relating to the Work will be through Contractor. Communications between
Contractor and any separate contractor will be through Owner or Consultant, except as otherwise specified in the Contract
Documents. All written communications involving Owner (as well as written communications between Contractor and the
Consultant) must satisfy the requirements of Written Notice, including submitting a duplicate copy through the Owner’s
Project Management System.
D. Owner and/or Consultant will have the right to reject and require removal of the following at Contractor's expense:
1. Any portion of the Work that does not meet the requirements of the Contract Documents.
2. Any portion of the Work damaged or rendered unsuitable during installation or resulting from failure to exercise proper
protection.
E. Consultant will have authority to stop the Work, with concurrence of Owner, whenever such stoppage may be necessary in
Consultant’s reasonable opinion to insure the proper performance of the Work.
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F. Consultant will review Contractor’s Submittals and will accept or take other appropriate action regarding the Submittals within
ten (10) working days after receipt of the Submittals. Consultant's review of the Submittals will be for the limited purpose of
checking for general conformance with the Contract Documents and will not be conducted for the purpose of determining the
accuracy and completeness of details such as dimensions and quantities, or for substantiating instructions for installation or
performance of equipment or systems, all of which remain the responsibility of Contractor. Consultant's review of Submittals
will not relieve Contractor of its obligations under the Contract Documents. Consultant's review of Submittals will not
constitute acceptance of safety precautions or construction means, methods, techniques, sequences or procedures.
Consultant's acceptance of a specific item will not indicate acceptance of an assembly of which the item is a component.
G. Consultant will prepare Construction Change Directives and Field Changes in accordance with Section 8.
H. Consultant will conduct inspections to determine the dates of Substantial Completion and final completion, will receive and
review written guarantees and related documents required by the Contract and assembled by Contractor, and will review and
certify or reject Contractor's final payment request.
I. Consultant or Owner will be the interpreter of the performance and requirements of the Contract Documents. Consultant's
interpretations will be in writing or in the form of drawings.
J. Consultant's or Owner’s decisions in matters relating to aesthetic effect will be final if consistent with the Contract
Documents.
SECTION 5 - SUBCONTRACTORS
5.1. AWARD OF SUBCONTRACTS FOR PORTIONS OF THE WORK
A. Contractor will procure bids for subcontract work from at least three (3) qualified bidders unless Owner waives such
requirement in writing. Except as provided in Section 5.1, Paragraphs B. and C. below, Contractor will enter into contracts
with Subcontractors not owned, related to or controlled by Contractor to perform all portions of the Work. Subcontracts will
contain payment provisions consistent with Section 10 and will not be awarded on the basis of cost plus a fee without the
prior written consent of Owner.
B. If Contractor wishes to self-perform any portion of the Work or subcontract such portion of the Work to an entity owned or
controlled by or related to Contractor, Contractor shall:
1. Advise Owner at least thirty (30) days in advance of bid opening that Contractor wishes to self-perform such Work or
subcontract it to an entity owned, controlled by or related to Contractor and request Owner’s written approval thereof;
2. Submit to the Owner Contractor’s or such related entity’s bid at least seventy-two (72) hours prior to bid opening;
3. Procure bids for such subcontract Work from at least three qualified bidders unless Owner waives such requirement in
writing; and
4. Abide by Owner’s determination as to whether Contractor or another subcontractor will be used to perform such Work.
C. If Owner both approves Contractor to self-perform Work and approves Contractor proceeding without obtaining bids from
other Contractors, then Contractor’s overhead and profit on Work performed by Contractor’s crews will not be more than the
percentage fee stated in the Agreement.
D. Contractor will not contract with any Subcontractor who has been rejected by Owner. Contractor will not be required to
contract with any Subcontractor against whom it has a reasonable objection.
E. If Owner refuses to accept any Subcontractor proposed by Contractor, Contractor will propose an acceptable substitute to
whom Owner has no reasonable objection.
F. Contractor will require each Subcontractor to:
1. Be licensed by the state in which the Project is located where such licensing is required by the governing authority;
2. Be bound by the terms of the Contract Documents as far as they are applicable to the Subcontractor's work;
3. Assume toward Contractor the same obligations Contractor has assumed toward Owner, including the prompt payment
of its Subcontractors;
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4. Submit its applications for payment to Contractor in time to permit Contractor to make timely application to Owner;
5. Execute claim or lien releases or lien waivers for payments made by Contractor; and
6. Make all claims for Changes in the Work to Contractor in the same manner as Contractor is required to make such
claims to Owner.
7. Keep detailed accounting records of all expenses incurred by the Subcontractor in performing the Work for a period of
three (3) years following Substantial Completion of the Work, and provide Owner’s accountants access to all such
records, including but not limited to books, records, correspondence, instructions, drawings, receipts, vendor files,
purchase orders, vouchers, memoranda and other data relating to the Work during such three (3) year period.
G. Contractor will not make any substitution for any Subcontractor that has been accepted by Owner and Consultant without the prior written approval of Owner and Consultant.
5.2. SUBCONTRACTUAL RELATIONS
A. Contractor's responsibility for the Work includes the labor and materials of all Subcontractors, including those recommended
or approved by Owner. Contractor will be responsible to Owner for proper completion and guarantee of all workmanship and
materials under any subcontracts. Any warranties required for such work will be obtained by Contractor in favor of Owner
and delivered to Consultant. It is expressly understood and agreed that there is no contractual relationship between Owner
and any Subcontractor, and under no circumstances will Owner be responsible for the non-performance or financial failure of
any Subcontractor or any effects therefrom, except to the extent that costs incurred by Contractor resulting from such non-
performance or financial failure constitute part of the Cost of the Work payable by Owner to Contractor pursuant to Section 7.
B. Contractor agrees to pay the Subcontractors promptly upon receipt of payment from Owner for that portion of the funds
received which represents the Subcontractor's portion of the Work completed to Contractor's satisfaction for which payment
was made by Owner.
C. No subcontract will relieve Contractor of any of its liability or obligations to Owner under the Contract Documents. Contractor
agrees that it is fully responsible to Owner for acts or omissions of Subcontractors and of persons either directly or indirectly
employed by them.
SECTION 6 - CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
6.1. OWNER'S RIGHT TO PERFORM CONSTRUCTION OR AWARD SEPARATE CONTRACTS
A. Owner reserves the right to perform construction itself other than the Work or to award separate contracts in connection with
the Project.
B. Contractor will afford other contractors reasonable opportunity to perform their work and to place and store their materials
and equipment on the Project Site and will properly connect and coordinate its Work with theirs where applicable.
C. Contractor will secure and protect all such other contractor materials and equipment and work on the Project Site and will
hold Owner harmless from any loss or damage pertaining to its securing and protecting of the same.
D. If any part of Contractor's Work depends upon the work of any separate contractor for proper performance or results,
Contractor will inspect and promptly report to Consultant any apparent discrepancies or defects in such work that render it
unsuitable for Contractor’s proper performance of the Work. Failure of Contractor to so inspect and report will constitute an
acceptance of the work of the separate contractor as fit and proper to receive Contractor's Work, except as to defects not
then reasonably discoverable.
E. Contractor will promptly remedy damage caused by Contractor or any Subcontractor to the completed or partially completed
work, materials or equipment of other contractors or to the property of Owner or other contractors. Costs incurred in
remedying such damage shall not be a Cost of the Work.
6.2. OWNER-PURCHASED MATERIALS AND EQUIPMENT
A. In addition to Contractor’s other obligations with respect to separate Owner provided work or materials, Contractor’s
obligations and duties with respect to Owner-purchased materials, equipment, and work include:
1. Scheduling: The Contractor shall furnish the Owner with a schedule of dates on which the Contractor requires delivery
of Owner-purchased materials. The Owner will arrange for the materials to be delivered to the construction site or
picked up by Contractor on or before the specified dates. If delivery or pick up dates are changed, rescheduled, or
otherwise varied from the original schedule, the Contractor shall notify the Owner in writing of delivery or pick up date
rescheduling and the Contractor shallcoordinate the delivery or pick up of the Owner-purchased materials or equipment
directly with the supplier.
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2. Equipment: If Owner buys equipment for Contractor’s use on the Project, Contractor will (in addition to all other
obligations herein relative to such equipment) be fully and solely responsible for such equipment and the use and use
consequences thereof for any and all purposes (including without limitation to protect, secure, inspect, upkeep and
make repairs, and insure such equipment as well as to monitor, guide, direct, oversee, protect, and control the use and
use consequences of such equipment) until completion of the Project and Contractor’s return of such equipment to
Owner.
3. Pre-Installation Inspection: The Contractor shall be responsible for receiving, inspecting and storing all Owner-
purchased materials and equipment until the materials or equipment are needed for installation or use by the
Contractor. Regardless of any inspection performed by the Owner of the Owner-purchased materials or equipment, the
Contractor shall be responsible for inspecting the Owner-purchased materials and equipment to determine suitability,
quality and conformance with specifications before installation or use or at such other times as the Contractor may
desire in order to avoid interruptions and delays in the progress of the Project. The Contractor shall reject any material
which does not meet specifications or which appears to have any defect which may make the material unsuitable for
use in the Project. The Contractor shall notify the Owner and the manufacturer or supplier of all defects and assist the
Owner in arranging for the repair, replacement or correction of the defective condition. The Contractor shall not be
entitled to an extension of any deadline or completion date which results from failure to discover defects which the
Contractor should have discovered through an inspection.
4. Defective Materials: The Contractor acknowledges that use of improper or defective material may result in costs and
damages to the Owner in excess of the value of the materials; that after use in the Project it may be difficult or impossible to inspect the material to determine the cause of any failure; and that in the event of the failure of material
there may be a question as to the cause of the failure. Because the Contractor's employees will be the last to handle
and inspect material prior to incorporation into the Project, the Contractor will be liable to the Owner for damages
resulting from failure of Owner- purchased materials during the Contractor's warranty period specified herein from any
cause whatsoever unless the Contractor provides clear and convincing proof that (1) the entire loss from a failure is covered by a valid manufacturer's or supplier's warranty, or (2) the Contractor could not have prevented the failure by
complying with the requirements of this Section concerning Owner- purchased materials.
5. Claims: The Contractor agrees to assist the Owner to present claims to manufacturers and suppliers for defects in
Owner-purchased materials. Where there is any question as to the division of liability between the Contractor and a manufacturer or vendor, the Contractor shall provide all relevant information in the Contractor's possession which may
aid the Owner in determining the division of responsibility. The Owner shall have final approval of any proposed
adjustment or settlement of warranty claims.
6. Implied Warranties: The benefit of contractual and implied warranties with respect to Owner-purchased materials and
equipment shall run to the Owner and not to the Contractor.
7. Unloading: Except as otherwise provided herein, the Contractor shall be responsible for unloading all Owner-
purchased materials and equipment and for verifying delivery amounts to the Owner.
8. Custody and Security: The Contractor shall use reasonable care in protecting Owner-purchased materials and
equipment from loss, deterioration, damage, theft, vandalism or destruction.
9. Reports: At Owner's request, the Contractor shall furnish reports to the Project Manager demonstrating the Contractor's
compliance with this Section.
10. Retained Ownership: All materials and equipment purchased by the Owner which remain after completion of the
Project shall be the property of the Owner. If the Owner does not wish to retain or dispose of surplus Owner-purchased
materials or equipment, the Contractor shall remove and dispose of them.
B. None of the foregoing duties of the Contractor with respect to Owner-purchased materials shall prevent the Owner from exercising
any prerogative of ownership of thematerials or equipment.
6.3 OWNER'S RIGHT TO CLEAN UP
If a dispute arises among Contractor and separate contractors as to the responsibility under their separate contracts for maintaining
the Project Site free from waste materials and rubbish, Owner may clean the Project Site, allocate the cost among those responsible
as Owner and Consultant determine to be just, and withhold such cost from any amounts due or to become due to Contractor.
SECTION 7 - COST OF THE WORK
7.1 EXPENSES INCLUDED IN THE COST OF THE WORK
The Cost of the Work will include only the costs set forth in this Section 7.1 incurred by Contractor in performing the Work, subject to
the exclusions set forth in Section 7.2 and the credits set forth in Section 7.3.
A. Labor costs:
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1. Actual wages of construction workers directly employed by and as employees of Contractor (not independent contractors) to
perform the Work at the Project Site or, with Owner's approval, at off-site workshops.
2. Wages of Contractor's supervisory and administrative personnel (project managers, superintendents, engineers,
coordinators, schedulers and accountants, and other clerical staff), but only for time devoted solely to the Project and
recorded on time sheets.
3. Costs paid or incurred by Contractor for taxes, insurance, contributions, assessments and benefits required by law or
collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick
leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries
included in the Cost of the Work under Section 7.1, Paragraph A., subparagraphs 1 and 2.
B. Subcontract costs:
1. Payments made for the Work by Contractor to Subcontractors in accordance with the requirements of the relevant
subcontracts.
2. Costs incurred by Contractor in taking over, in whole or in part, the work of a Subcontractor or replacing a Subcontractor for
cause.
C. Cost of materials and equipment incorporated in the Work:
1. Cost, including transportation, of materials and equipment incorporated or to be incorporated in the Work.
2. Cost of materials described in Section 7.1, Paragraph C., subparagraph 1 in excess of those actually installed but required to
provide reasonable allowance for waste and spoilage. (Cost for excess materials beyond those needed for such reasonable
allowance are not a Cost of the Work).
D. Costs of other materials, equipment, temporary facilities and related items:
1. Reasonable costs for transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary
facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by
Contractor at the Project Site and fully consumed in the performance of the Work; and the cost less salvage value on such
items if not fully consumed, whether sold to others or retained by Contractor. The cost of items previously used by Contractor
will be their fair market value.
2. Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction
workers, which are provided by Contractor at the Project Site, whether rented from Contractor or others, and costs of
transportation, installation, minor repairs and replacements, dismantling and removal thereof. The quantities of and rates for
such equipment rented will be subject to Owner's approval in advance. Rental rates will not exceed the prevailing rental rates
in the Project locale for similar equipment. In addition, in no event shall the rental rates for Contractor-owned equipment be more than seventy-five percent (75%) of the yearly, monthly, or daily rates, as applicable, established in the current edition of
Rental Rate Blue Book or seventy-five percent (75%) of the prevailing yearly, monthly, or daily rental rates, as applicable, in
the locale, whichever is lowest.
3. Costs of removal of debris from the Project Site.
4. Costs of postage, parcel delivery, land line telephone service at the Project Site, reasonable petty cash expenses of the Project Site office, and copy machine services at the Project Site. (Computer, internet, network and cellular phone charges
may be included as a Cost of the Work only as approved by the Owner in writing prior to the start of Work).
5. The reasonable travel and subsistence expenses of Contractor's personnel incurred while traveling more than 100 miles from
the Contractor’s nearest office in the discharge of duties relating to the Work as agreed to in advance by Owner in writing.
Reimbursement for air travel shall be at the lowest basic fare only.
E. Miscellaneous costs:
1. That portion of Contractor’s premiums for insurance and bonds required by the Contract Documents and directly attributable
to the Work but not benefitting any other project. (Contractor will not be entitled to a Contractor’s Fee on these costs.)
2. Privilege, sales, use or similar taxes imposed by a governmental authority which are related to the Work, including without
limitation use tax on Owner provided materials which are installed by Contractor.
3. Fees or assessments for permits, licenses and inspections which are related to the Work. (Contractor will not be entitled to a
Contractor’s Fee on these costs.)
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4. Cost of tests except those costs which result from the fault or negligence of Contractor or anyone for whom Contractor is
liable or from Contractor’s failure to perform its obligations under the Contract Documents.
5. Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents.
6. Deposits lost for causes other than Contractor's fault or negligence. (Contractor shall submit to Owner a list of refundable
and lost deposits with each pay request.)
7. Legal, mediation and arbitration costs, other than those arising from disputes between Owner and Contractor, approved in
advance in writing by Owner and reasonably incurred by Contractor in the performance of the Work.
8. Other costs incurred in the performance of the Work to the extent approved in advance in writing by Owner.
9. Costs incurred by Contractor in taking action to prevent threatened damage, injury or loss in case of an emergency affecting
the safety of persons or property, as provided in Section 11.3 so long as such emergency was not caused by Contractor or
any entity for whose acts Contractor is liable.
7.2 EXPENSES NOT INCLUDED IN THE COST OF THE WORK
Notwithstanding Section 7.1, the following expenses will not be included in the Cost of the Work:
A. Salaries and other compensation of Contractor's personnel stationed at Contractor's principal office or offices other than the
Project Site office, except personnel providing support for the Work pursuant to Section 7.1.
B. Expenses of Contractor's principal office and offices other than the Project Site office.
C. Overhead and general expenses, except as may be expressly included in Section 7.1.
D. Incentive plans such as profit sharing and/or bonuses paid by Contractor voluntarily for any reason or that include a vesting
schedule.
E. Incentive awards of any kind, unless approved in advance by Owner based upon a benefit to the Project.
F. Training costs, whether or not associated with the Project, unless approved in advance in writing by the Owner based upon a
benefit to the Project.
G. Contractor's capital expenses, including interest on Contractor's capital employed for the Work.
H. Rental costs of machinery and equipment, except as specifically provided in Section 7.1, Paragraph D, subparagraph 2.
I. All costs incurred in repairing or correcting Defective or damaged Work or other work or property of the Owner or other contractors
or entities.
J. Costs resulting from Contractor’s failure to perform any of its obligations to Owner set forth in the Contract Documents including
without limitation liquidated damages.
K. Costs of food or refreshments for construction meetings or in association with the Project, unless approved in advance by the
Owner based upon a benefit to the Project.
L. Deductible amounts under all insurance.
M. Any type of loss that would be covered by a builders risk insurance policy.
N. Costs incurred in uncovering work covered prior to giving the notice required under Section 13.1.
O. Any premium or additional cost resulting from “overtime” or “holiday” labor, unless agreed to in advance in by Owner.
P. Any cost not specifically and expressly described in Section 7.1.
Q. All costs which would cause the Contract Sum to exceed the Guaranteed Maximum Price.
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7.3 DISCOUNTS, REBATES, REFUNDS AND PROCEEDS OF SALES
A. Cash discounts, trade discounts, rebates, refunds and the proceeds from sale of excess materials and equipment will be treated
as follows:
1. Cash discounts obtained on payments made by Contractor will accrue to Owner if (1) before making the payment, Contractor
included them in a payment request and received payment therefor from Owner, or (2) Owner has deposited funds with
Contractor with which to make payments; otherwise, cash discounts will accrue to Contractor.
2. Trade discounts, rebates, refunds and proceeds from sales of excess materials and equipment will accrue to Owner, and
Contractor will make provisions so that they can be secured.
B. Amounts which accrue to Owner in accordance with the provisions of Section 7.3, Paragraphs A. and B. will be credited to Owner
as a deduction from the Cost of the Work.
7.4 ALLOWANCES
A. Contractor shall include in the Guaranteed Maximum Price all allowance items shown in the Contract Documents. Allowance
items shall be supplied by and for such amounts as may be directed by Owner, but Contractor shall not be required to employ any person against whom Contractor has a reasonable objection. Allowance amounts shall include both labor and material costs.
B. If the actual cost of performing an allowance item is less than the allowance amount for that item, Owner shall be entitled to the
savings resulting therefrom and the Guaranteed Maximum Price will be reduced by a Change Order in the amount of such
savings. If the actual cost of performing an allowance item is greater than the allowance amount for that item, the Guaranteed Maximum Price will be increased by a Change Order in the amount of the increased cost of performing the allowance item.
SECTION 8 - CHANGES IN THE WORK
8.1. CHANGES IN THE WORK RESULTING FROM AN INSTRUCTION BY OWNER OR CONSULTANT TO CONTRACTOR
A. If Owner or Consultant gives Contractor an instruction which modifies the requirements of the Contract Documents or delays
Substantial Completion, Contractor or Owner may be entitled to an adjustment in the Guaranteed Maximum Price and/or the
Contract Time. If compliance with the instruction will affect the cost to Contractor to perform the Work, the Guaranteed Maximum
Price will be adjusted to reflect the reasonable net increase or decrease in the Cost of the Work, subject to the conditions set forth
in Section 8.1, Paragraphs B through G. If compliance with the instruction will delay Substantial Completion, the Contract Time will
be extended for a period of time commensurate with such delay subject to the conditions set forth in Section 8.1, Paragraphs B
through G and Section 8.3.
B. If Contractor receives an instruction from Owner or Consultant which Contractor considers to be a Change in the Work,
Contractor, before complying with the instruction, will notify Consultant in writing that Contractor considers such instruction to constitute a Change in the Work. If Consultant agrees that compliance with the instruction will constitute a Change in the Work,
Contractor will furnish a proposal for a Modification in accordance with Section 8.1, Paragraphs C. and D. within ten (10) days.
C. If Contractor claims that it is entitled to an adjustment in the Guaranteed Maximum Price (including without limitation costs related
to a time extension) as a result of an instruction by Owner or Consultant, Contractor will furnish a proposal for a Change Order
containing a price breakdown itemized as required by Owner. The break down will be in sufficient detail to allow Owner to
determine any increase or decrease in the Cost of the Work as a result of compliance with the instruction. Any amount claimed for
Subcontractors will be supported by a similar price breakdown and will itemize the Subcontractor’s Direct Costs, profit and
overhead charges resulting from the Change in the Work. Profit and overhead will be subject to the following limitations:
1. The Subcontractor’s profit and overhead will not exceed twelve percent (12%) of Subcontractor’s Direct Costs on work
performed. Subcontractor’s profit and overhead will not exceed five (5) percent on work performed by its sub-subcontractors.
2. Contractor's profit and overhead on work performed by its own crews will not exceed ten percent (10%) of its Direct Costs for
such work.
3. Contractor's mark up on changes to the Work will be the fee percentage stated in the Agreement.
4. Amounts due Owner as a result of a credit change will be the actual net decrease in the Contractor’s Costs of the Work to
perform the Work as a result of the Change in the Work. Overhead and profit for the Change Order will be calculated based
on the net increase or decrease in Contractor’s Costs of the Work resulting from the Change in the Work.
D. If Contractor claims that it is entitled to an adjustment in the Contract Time as a result of an instruction from Owner or Consultant,
Contractor will include in its proposal justification to support Contractor's claim that compliance with the instruction will delay
Substantial Completion.
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E. Upon receipt of Contractor’s proposal for Modification, Consultant and Owner will determine whether to proceed with the Change
in the Work. If Consultant and Owner determine to proceed with the Change in the Work, they will issue a Change Order, a
Construction Change Directive or a Field Change as appropriate.
F. Contractor agrees that if it complies with an instruction from Owner or Consultant without first giving written notice to Consultant
as provided in Section 8.1., Paragraph B, and receiving a Change Order, Construction Change Directive or Field Change,
Contractor will not be entitled to any adjustment in the Guaranteed Maximum Price or the Contract Time as a result of the
instruction and waives any claim therefor.
G. If Contractor is instructed to perform work which it claims constitutes a Change in the Work but which Owner and Consultant do
not agree constitutes a Change in the Work, Contractor will comply with the instruction. Contractor may submit its claim for
adjustment to the Guaranteed Maximum Price, the Contract Time, or both as a dispute pursuant to Section 14 within thirty (30)
Days after compliance with the instruction. Contractor agrees that if it fails to submit its claim for resolution pursuant to Section 14
within thirty (30) Days after compliance with the instruction, then Contractor will not be entitled to any adjustment in the
Guaranteed Maximum Price or the Contract Time as a result of the instruction and waives any claim therefor.
H. Contractor is responsible for submitting accurate cost and pricing data to support its Change Order proposals. Contractor
acknowledges that during performance of the Work, there may not be sufficient time for Owner to verify Contractor’s data supporting a Change Order proposal. Owner will have the right during performance of the Work and for a period of three (3)
years after final payment to examine Contractor’s books and records to verify the accuracy and appropriateness of the pricing
data used to price Change Order proposals. If Contractor has not submitted accurate cost and pricing data or has priced Change
Order proposals inconsistent with the requirements of the Contract Documents, Contractor will refund to Owner any amounts over
and above those allowed under the Contract Documents, irrespective of whether Owner has approved and/or signed a Change
Order based upon the inaccurate or improper cost and pricing data.
8.2. CHANGES IN THE WORK RESULTING FROM AN EVENT OR CIRCUMSTANCE
A. If an event or circumstance other than an instruction from Owner or Consultant affects the cost to Contractor of performing the
Work or delays Substantial Completion, Contractor may be entitled to an adjustment in the Guaranteed Maximum Price and/or the
Contract Time. If the circumstance or event affects the cost to Contractor to perform the Work and is caused by a willful or
negligent act or omission of Owner or Consultant or an Unforeseen Subsurface Condition, the Guaranteed Maximum Price will be
adjusted to reflect the reasonable increase or decrease in the Cost of the Work resulting from the event or circumstance, subject
to the conditions set forth in Section 8.2, Paragraphs B through F. If the event or circumstance delays Substantial Completion and
is described in Section 8.3, Paragraph A, the Contract Time will be extended for a period of time commensurate with such delay
subject to the conditions set forth in such section. Contractor will not be entitled to any adjustment to the Guaranteed Maximum Price from Owner as a result of any event or circumstance unless the event or circumstance results from a willful or negligent act
or omission of Owner or Consultant or an Unforeseen Subsurface Condition.
B. If a Change in the Work results from any event or circumstance caused by the willful or negligent act or omission of Owner or
Consultant or an Unforeseen Subsurface Condition, Contractor will give Owner Written Notice of such event or circumstance
within twenty-four (24) hours after commencement of the event or circumstance so that Owner can take such action as is necessary to mitigate the effect of the event or circumstance. Contractor will not be entitled to any adjustment in either the
Contract Time or the Guaranteed Maximum Price based on any damages or delays resulting from such event or circumstance
during a period more than twenty-four (24) hours prior to Contractor giving such Written Notice to Owner.
C. Contractor will submit in writing any claims for an adjustment in the Contract Time and/or the Guaranteed Maximum Price
resulting from an event or circumstance within the time limits set forth below. In the event that Contractor fails to submit its claim in
writing within the time limits set forth below, then Contractor agrees it will not be entitled to any adjustment in the Contract Time or
the Guaranteed Maximum Price or to any other damages from Owner due to the circumstance or event and waives any claim
therefor.
1. Claims for an adjustment in the Contract Time due to Adverse Weather will be made by the tenth of the month following the
month in which the delay occurred.
2. Claims for an adjustment in the Contract Time and/or the Guaranteed Maximum Price due to any other circumstance or
event will be submitted within seven (7) Days after the occurrence of the circumstance or event.
D. If Contractor claims that it is entitled to an adjustment in the Guaranteed Maximum Price (including without limitation costs related
to a time extension) because of an event or circumstance resulting from the willful or negligent act or omission of Owner or
Consultant or an Unforeseen Subsurface Condition, Contractor will furnish a proposal for a Change Order containing a price
breakdown as described in Section 8.1, Paragraph C. Any amount claimed for increased labor costs as a result of the event or
circumstance must be supported by payroll documentation. Any claim for rented equipment or additional material costs must be
supported by invoices.
E. If Contractor claims that it is entitled to an adjustment in the Contract Time as a result of an event or circumstance caused by the
willful or negligent act or omission of Owner or Consultant or an Unforeseen Subsurface Condition, Contractor will include with its
claim copies of daily logs, letters, shipping orders, delivery tickets, Project schedules, and other supporting information necessary
to justify Contractor’s claim that such delayed Substantial Completion.
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F. Within thirty (30) Days after receipt of Contractor's claim, Consultant will either deny the claim or recommend approval to Owner. If
Owner approves the claim, the adjustment in the Contract Time and/or Guaranteed Maximum Price will be reflected in a Change
Order pursuant to Section 8.5 or a Construction Change Directive pursuant to Section 8.6. If Owner or Consultant denies
Contractor's claim, Contractor may submit its claim as a dispute pursuant to Section 14 within thirty (30) Days of receipt of the
denial of the claim. If Contractor fails to submit its claim for resolution pursuant to Section 14 within the thirty (30) Day time period,
then Contractor agrees it is not entitled to any adjustment in the Contract Time and/ or Guaranteed Maximum Price or any other
damages as a result of the event or circumstance and waives any claim therefor.
8.3. EXTENSIONS OF TIME
A. If Substantial Completion of the Project is delayed because of any of the following causes, then the Contract Time will be
extended by Change Order for a period of time equal to such delay:
1. Labor strikes or lock-outs;
2. Adverse Weather;
3. Unusual delay in transportation;
4. Unforeseen governmental requests or requirements;
5. A Change in the Work resulting from an instruction by Owner or Consultant to Contractor subject to the conditions set forth in
Section 8.1.;
6. Unforeseen Subsurface Condition; or
7. Any other event or circumstance caused by the willful or negligent act or omission of Owner or Consultant.
B. Contractor will not be entitled to any compensation for delay described in Section 8.3, Paragraph A, subparagraphs 1, 2, 3 and 4.
C. In no event will any time extension or cost adjustment be given on account of delay which reasonably should have been
anticipated by the Contractor or in circumstances where performance of the Work is, was, or would have been, delayed by any
other cause for which the Contractor is not entitled to an extension.
8.4. DOCUMENTATION OF CHANGES IN THE WORK
Every Change in the Work will be documented by a Change Order, a Construction Change Directive or a Field Change. If Owner,
Consultant and Contractor reach agreement regarding the adjustment in the Guaranteed Maximum Price, if any, and the adjustment
in the Contract Time, if any, resulting from a Change in the Work, then the parties will execute a Change Order pursuant to Section
8.5. If Owner, Consultant and Contractor cannot reach agreement regarding the adjustment in Guaranteed Maximum Price or the
adjustment in Contract Time resulting from a Change in the Work, then Owner and Consultant will issue a Construction Change
Directive pursuant to Section 8.6. Field Changes require the agreement of Owner, Consultant and Contractor.
8.5. CHANGE ORDERS
Contractor's signature upon a Change Order is Contractor's acknowledgment that it is not entitled to any additional adjustment in the
Guaranteed Maximum Price or the Contract Time or any other damages or compensation as a result of the Change in the Work other
than that provided for in the Change Order, irrespective of whether a subsequent claim for additional compensation or time
extensions relating to the Change in the Work is described as a change in the requirements of the Contract Documents, a delay, a
disruption of the Work, an acceleration of the Work, an impact on the efficiency of performance of the Work, an equitable adjustment,
or other claim and irrespective of whether the impact of the Change in the Work is considered singly or in conjunction with the impact
of other Changes in the Work.
8.6. CONSTRUCTION CHANGE DIRECTIVES
A. Contractor will promptly comply with all Construction Change Directives.
B. Pending final resolution of any adjustment in the Guaranteed Maximum Price or Contract Time relating to a Construction Change
Directive, the amounts proposed by Owner in the Construction Change Directive may be included in Contractor's payment
requests once the work relating thereto is completed.
C. If after the work described in the Construction Change Directive is completed, Owner, Consultant, and Contractor reach
agreement on any adjustments in the Guaranteed Maximum Price and Contract Time, such agreement will be reflected in an
appropriate Change Order.
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D. If the parties do not reach agreement regarding an adjustment to the Guaranteed Maximum Price, Contract Time, or both relating
to the Construction Change Directive within thirty (30) Days of the completion of the work described therein, then Contractor may
submit its claim for an adjustment pursuant to Section 14 within thirty (30) Days of the completion of such work. Contractor agrees
that if it fails to submit its claim for resolution pursuant to Section 14 within thirty (30) Days of completion of the work described in
the Construction Change Directive, then it will not be entitled to an adjustment in the Guaranteed Maximum Price or Contract Time
resulting from such work except as set forth in the Construction Change Directive and waives any claim therefor.
8.7. FIELD CHANGES
Consultant, Owner and Contractor will sign a Field Change order listing the Change In the Work before Contractor proceeds with the
Field Change.
8.8. WAIVER OF CLAIMS
Except as set forth in this Section 8, Contractor will not be entitled to any adjustment in the Guaranteed Maximum Price or the
Contract Time or for any damages of any kind whatsoever resulting from an instruction from Owner or Consultant, any event or
circumstance, or any act or omission of Owner or Consultant, and Contractor expressly waives any and all claims therefor.
SECTION 9 - TIME
9.1. TIME IS OF THE ESSENCE
All time limits stated in the Contract Documents are of the essence. By executing the Agreement, Contractor confirms that the
Contract Time is a reasonable period for performing the Work. Contractor will proceed expeditiously with adequate resources and will
achieve Substantial Completion within the Contract Time.
9.2. COMMENCEMENT OF THE WORK
Contractor will not commence work on the Project Site until the date set forth in the Written Notice to proceed. However, Contractor
may enter into subcontracts and secure material for the Project after receipt of the Agreement with Owner's authorized signature.
Owner will issue the Written Notice to proceed within forty-five (45) Days after Owner receives acceptable bonds and evidence of
insurance pursuant to Section 12 unless Owner earlier terminates the Agreement pursuant to Section 15.
9.3. SUBSTANTIAL COMPLETION OF THE WORK
A. When Contractor believes it has achieved Substantial Completion of the Work (including having procured a temporary or
permanent certificate of occupancy), it will provide Written Notice thereof to Owner and Consultant. Owner and Consultant will
thereafter inspect the Work to determine if Contractor has achieved Substantial Completion of the Work. If so, Consultant shall
issue a Certificate of Substantial Completion.
B. At the time Consultant certifies that Contractor has achieved Substantial Completion, Consultant will identify the remaining items
to be completed for final completion of the Work and will establish with Contractor a reasonable time for completion of those items.
Consultant will set forth the items to be completed and the time established for their completion in the Certificate of Substantial
Completion.
9.4. DELAY IN COMPLETION OF THE WORK
A. For each Day after the expiration of the Contract Time that Contractor has not achieved Substantial Completion, Contractor will
pay Owner the amount set forth in the Agreement as liquidated damages for Owner's loss of use of the Project and the added
administrative expense to Owner to administer the Project during the period of delay. In addition, Contractor will reimburse Owner
for any additional consultant fees, attorney fees, expert fees, copy costs, and other expenses incurred by Owner as a result of the
delay. The parties have agreed on this liquidated damages provision because actual damages which will result from a delay in
Substantial Completion cannot readily be ascertained at the time of execution of the Agreement and the parties wish to fix such
damages as a their reasonable estimate of such actual damages, and not as a penalty. Owner may deduct any liquidated
damages or reimbursable expenses from any money due or to become due to Contractor. If the amount of liquidated damages
and reimbursable expenses exceeds any amounts due to Contractor, Contractor will pay the difference to Owner within ten (10)
Days after receipt of a written request from Owner for payment
B. For each Day that Contractor exceeds the time allowed for completion of the remaining items set forth in the Certificate of
Substantial Completion, Contractor will pay to Owner as liquidated damages for additional administrative expenses the amount set
forth in the Agreement. In addition, Contractor will reimburse Owner for any additional Consultant's fees, attorney fees, expert
fees, consultant fees, copy costs, and other expenses incurred by Owner as a result of the delay in completing such items.
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SECTION 10 - PAYMENTS AND COMPLETION
10.1. SCHEDULE OF VALUES
Contractor will submit to Consultant and Owner with its signed Agreement the Schedule of Values on a form approved by Owner.
The Schedule of Values will be supported by any other data required by Owner to substantiate its accuracy and will be the basis for
Contractor's payment requests. Specific allowance line item amounts will not be transferred from one line item to another without
Owner’s consent. All contingency will be identified as line item amount and will be included in the Guaranteed Maximum Price.
Contingency will not be used without Owner’s consent.
10.2. PAYMENT REQUESTS
A. No more than once a month, Contractor will submit to Consultant and Owner a payment request on a form approved by Owner for
Work completed, materials stored on the Project Site, and materials stored off-site in a bonded warehouse approved by Owner, as
of the date of the payment request. (If and as often as requested by Owner, Contractor will assist Owner in visiting the bonded
warehouse and validating items in the bonded warehouse.) The amount of the payment request will be based upon the Schedule
of Values submitted by Contractor and will be equal to:
1. The Cost of the Work incurred by Contractor as of the last day of the prior calendar month. (Contractor will provide with the
payment request supporting documentation in an electronic format approved by Owner, including Contractor’s Project cost
ledger, payroll records, invoices, Subcontractor payment applications, and any other documents reasonably requested by
Owner or Consultant.)
2. Plus the Contractor's Fee for the Work completed.
3. Less retention amounts specified in the Contract Documents.
4. Less all prior amounts paid by Owner to Contractor as part of the Contract Sum.
5. Less allowable offsets.
The payment request may include Changes in the Work that have been performed by Contractor and authorized by Owner and/or
Consultant pursuant to Section 8. If a payment request includes materials stored offsite, Contractor will include with the payment
request a list of the materials, the material vendor’s invoices to Contractor, the location where they are stored and the written
request of Contractor and its performance bond surety that payment be made for such materials.
B. Contractor warrants and guarantees that upon the receipt of payment for materials and equipment, whether incorporated in the
Project or not, title to such materials and equipment will pass to Owner free and clear of all liens, claims, security interests, or
encumbrances. Notwithstanding this payment and passage of title, Contractor will remain responsible for all such materials and
equipment until actual delivery to the Project Site, incorporation into the Work and final acceptance by Owner. Contractor further
warrants that no material or equipment covered by a payment request is subject to an agreement under which an interest therein
or an encumbrance thereon is retained by the seller or any other person or entity.
10.3. PAYMENT REQUEST CERTIFICATION
A. Consultant will, within seven (7) Days after receipt of Contractor's payment request, forward to Owner the payment request
certified for such amount as Consultant determines is properly due. If Consultant certifies less than the full amount of the payment
request, Consultant will notify Contractor and Owner of Consultant's reasons for withholding certification of the full amount
requested.
B. The certification of the payment request will constitute a representation by Consultant to Owner based upon Consultant's
observations at the Project Site and the data comprising the payment request, that the Work has progressed to the point indicated
and that, to the best of Consultant's knowledge, information, and belief, the quality of the Work is in accordance with the Contract
Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents
correctable prior to completion, and to specific qualifications expressed by Consultant. However, the certification of the payment
request will not constitute a representation that Consultant has:
1. Conducted exhaustive or continuous on-site inspections to check the quantity or quality of the Work;
2. Reviewed construction means, methods, techniques, sequences, or procedures;
3. Reviewed copies of requisitions received from Subcontractors or other data requested by Owner to substantiate Contractor's
right to payment; or
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4. Made examination to ascertain how or for what purpose Contractor has used money previously paid on account of the
Contract Sum.
C. In taking action on Contractor’s payment request, Owner will be entitled to rely on the accuracy and completeness of the
information furnished by Contractor.
10.4. DECISIONS TO WITHHOLD CERTIFICATION AND PAYMENT
A. Consultant may withhold certification of a payment request in whole or in part to the extent reasonably necessary to protect Owner
if, in the opinion of Consultant, the representations to Owner required by Section 10.3, Paragraph B cannot be accurately made. If
Consultant is unable to certify payment in the amount of the payment request, Consultant will notify Contractor and Owner as
provided in Section 10.3, Paragraph A. If Contractor and Consultant cannot agree on a revised amount, Consultant will promptly
certify a payment request for the amount for which Consultant is able to make such representations to Owner. Consultant may
also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the
whole or a part of a payment request previously certified, to such extent as may be necessary in Consultant's opinion to protect
Owner from loss because of:
1. Defective Work not remedied;
2. Third-party claims filed or reasonable evidence indicating probable filing of such claims;
3. Failure of Contractor to make payments properly to Subcontractors for labor, materials, equipment, construction or services;
4. Reasonable evidence that the Work cannot be completed for the unpaid balance of the Guaranteed Maximum Price;
5. Damage to Owner or another contractor for which Contractor is responsible;
6. Reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance will not be
adequate to cover the cost of completing the Work and damages for the anticipated delay; or
7. Contractor's persistent failure to carry out the Work in accordance with the Contract Documents.
B. Owner reserves the right to withhold payments to Contractor, subsequent to Consultant's certification of any payment request, in
order to protect Owner from loss due to any condition described in Section 10.4, Paragraph A. Upon satisfactory resolution of any
such conditions, payments so withheld will be made.
10.5. PROGRESS PAYMENTS
A. Owner will pay Contractor progress payments within the parameters of Sections 10.2 through 10.4 within thirty (30) Days after:
1. Contractor has submitted a progress payment request;
2. Contractor has obtained conditional waiver and release upon progress payment documents executed by each of the
subcontractors performing work and/or providing materials covered by the Contractor’s progress payment request; and
3. Owner receives the certified payment request from Consultant.
B. Owner will make payments to Contractor by either placing the payments in the mail addressed to Contractor or by electronic
transfer at Owner’s discretion.
C. Upon receipt of any payment from Owner, Contractor will pay to each Subcontractor the amount paid to Contractor on account of
such Subcontractor's portion of the Work.
D. Contractor will maintain a copy of each payment request at the Project Site for review by the Subcontractors.
E. No payment made under the Contract Documents, either in whole or in part, will be construed to be an acceptance of defective or
improper materials or workmanship.
F. Owner may withhold 5% retention from each payment request.
G. Contractor will pay any unpaid retention, less any amounts withheld pursuant to Section 10.4 or other offsets, within thirty (30)
Days after Contractor achieves Substantial Completion, submits its payment request for retained funds, delivers to Consultant
Contractor’s Substantial Completion Affidavit and Consent of Surety fully executed by Contractor and its surety, and obtains
Waiver and Release documents executed by all subcontractors and suppliers having claim against the retained funds, and Owner
receives a certificate of occupancy.
BYU Idaho General Conditions For A Cost Plus A Fee With GMP Project 11/19 Page 21 of
10.6. FINAL PAYMENT
A. Upon completion of the Work including all of the remaining items of Work identified in the Certificate of Substantial Completion,
Contractor will give written notice of the same to Consultant and provide Consultant with Contractor’s final payment request. Upon
receipt of such notice and payment request, Consultant will promptly inspect the Work. If the Consultant finds that the Work
(including all remaining items of Work identified in the Certificate of Substantial Completion) has been completed in accordance
with the Contract Documents, Consultant will certify the final payment request. Following such certification, Contractor will submit
to Owner its final accounting of the Cost of the Work together with its final cost ledgers in an electronic format approved by Owner.
Owner's accountants will review and report in writing to the Contractor their comments on Contractor's final accounting within thirty
(30) Days after delivery of the final accounting to Owner by Contractor.
B. If Owner's accountants report the Cost of the Work as substantiated by Contractor's final accounting to be less than claimed by
Contractor, Contractor will be entitled to submit the matter as a dispute pursuant to Section 14. Contractor will make such
submission within thirty (30) Days after Contractor's receipt of the report from Owner’s accountants. If Contractor does not submit
the matter as a dispute within said thirty (30) day period, the final Cost of the Work will be as determined by Owner’s accountants.
Pending a final resolution of the dispute, Owner will pay Contractor the amount established by Owner’s accountants.
C. Owner will make full and final payment within thirty (30) Days of the completion of all of the following requirements:
1. Consultant has declared to Owner in writing that the Work is complete;
2. Contractor has obtained and provided to Owner a permanent certificate of occupancy;
3. Contractor has obtained and provided to Consultant conditional or unconditional releases or waivers of lien from all
Subcontractors performing work and/or providing labor, materials, or equipment for the Project;
4. Contractor has submitted to Owner Contractor’s final accounting for the Cost of the Work and Contractor’s final payment
request as set forth in Section 10.6, Paragraph A.;
5. Owner’s accountants have reviewed and approved Contractor’s final accounting for the Cost of the Work;
6. Contractor has submitted to Owner the Contractor’s final payment request; and
7. Contractor has provided Owner with documentation (including final invoices) reconciling actual costs of insurance and bonds
with the original estimates of such costs.
8. Contractor has collected and provided to Owner all manufacturers’ and other guaranties and warranties, properly signed and
endorsed to Owner, that are required by the Contract Documents that extend for a period beyond one year after substantial
completion. (Delivery of such guaranties and warranties will not relieve Contractor for any obligation assumed under any
other provision of the Contract Documents.)
D. The amount of the final payment will be calculated as follows:
1. Take the Cost of the Work which Owner’s accountants have determined is substantiated by Contractor's final accounting and
Contractor's Fee, but not more than the Guaranteed Maximum Price;
2. Subtract the aggregate of previous payments made by Owner; and
3. Subtract the amount of any withholdings pursuant to Section 10.4 and other offsets that Contractor owes to Owner.
E. If the aggregate of previous payments made by Owner exceeds the amount due Contractor, Contractor will reimburse the
difference to Owner within ten (10) Days after receipt of Written Notice from Owner requesting such payment.
F. Acceptance of final payment by Contractor or any Subcontractor will constitute a waiver of claims by the payee except for those
claims previously made in writing pursuant to Section 8 and identified by Contractor in its affidavit as still pending.
10.7. AUDIT RIGHTS
A. Contractor will keep full and detailed accounts of all expenses incurred in performing the Work and exercise such controls as may
be necessary for proper financial management under the Contract Documents. The accounting and control systems will be
satisfactory to Owner. Owner and Owner's accountants will be afforded access to Contractor's records, books, correspondence,
instructions, drawings, receipts, Subcontractor files, purchase orders, vouchers, memoranda and other data relating to the Work.
Contractor will preserve these documents for a period of three (3) years after final payment.
BYU Idaho General Conditions For A Cost Plus A Fee With GMP Project 11/19 Page 22 of
B. Owner shall have the right during performance of the Work and for a period of three (3) years from the date of final payment, to
audit all of Contractor’s books and records relating to any Cost of the Work and/or Change Orders relating to the Project. Such
books and records include contracts, invoices, payment requests, accounts receivable documents, accounts payable documents,
payroll records, time cards, leases, Subcontractor files, communications, ledgers, and any other documents relating to the Project.
Contractor shall provide Owner’s employees, auditors and consultants full and complete access to such books and records during
such time upon at least three (3) business days’ notice. Contractor shall permit Owner’s representatives to make copies of such
books and records.
C. In the event that Owner’s audit reveals that Contractor has been paid more than it is entitled to under the Contract Documents,
Contractor shall refund to Owner the overpayment within ten (10) days after receipt of a demand for payment. If the amount of the
overpayment exceeds one percent (1%) of the final Cost of the Work, Contractor shall also reimburse Owner for the cost of
conducting the audit within ten (10) Days after receipt of the demand for payment.
SECTION 11 - PROTECTION OF PERSONS AND PROPERTY
11.1. SAFETY PRECAUTIONS AND PROGRAMS
Contractor will be responsible to Owner for initiating and supervising all safety programs in connection with the performance of the
Work.
11.2. SAFETY OF PERSONS AND PROPERTY
A. Contractor will take reasonable precautions in the performance of the Work to prevent damage, injury, or loss to the Work,
persons and property.
B. Contractor will give notices and comply with applicable laws, ordinances, rules, regulations, and other lawful requirements of
public authorities bearing on the safety or protection of persons and property. No Work will be performed that may pose an undue
safety hazard to Contractor, Contractor’s employees, or any other person. Contractor will immediately give Written Notice to
Owner and Consultant of any injury to persons or property on the Project Site.
C. Contractor will designate a responsible member of its organization at the Project Site whose duty will be the prevention of accidents. This person will be Contractor's on-Site superintendent unless otherwise designated in writing by Contractor to Owner
and Consultant.
11.3. EMERGENCIES
In case of an emergency endangering life or threatening the safety of any person or property, Contractor may, without waiting for
specific authorization from Consultant or Owner, act at its own discretion to safeguard persons or property. Contractor will
immediately notify Consultant and Owner of such emergency action and make a full written report to Consultant and Owner within
five (5) days after the event.
11.4. HAZARDOUS MATERIALS
In the event Contractor encounters on the Site material reasonably believed to be hazardous materials which have not been
rendered harmless, Contractor shall immediately stop work in the area affected by the materials and report the condition in writing to Owner and Consultant. Work in the affected area shall not be resumed until the materials have been removed or otherwise rendered
harmless and the Owner and Consultant have approved recommencement of work in the affected area.
11.5. OTHER SAFETY PROVISIONS
A. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of
the Work, Contractor shall exercise utmost care and carry on such activities only under the supervision of properly qualified
personnel.
B. Contractor shall not load or permit any part of the Work or Project Site to be loaded so as to make it unsafe.
C. Contractor shall be responsible for the proper delivery, handling, application, storage, removal and disposal of all materials and
substances brought to the Project Site. Contractor shall maintain at the Project Site material safety data sheets as required by law
for the use of Owner, Subcontractors and others, regardless of who obtained the sheets.
BYU Idaho General Conditions For A Cost Plus A Fee With GMP Project 11/19 Page 23 of
SECTION 12 - INSURANCE AND BONDS
12.1. CONTRACTOR'S INSURANCE
A. Contractor will obtain the following insurance and provide evidence thereof as described below prior to commencement of the
Work or within ten (10) Days after signing the Agreement, whichever is earlier:
1. Workers Compensation Insurance;
2. Employers Liability Insurance with limits of not less than: $1,000,000 Employers Liability Each Accident, $1,000,000
Employers Liability Disease - Each Employee, $1,000,000 Employers Liability Disease - Policy Limit.
3. Commercial General Liability Insurance – ISO Form CG 00 01 (12/07) or equivalent occurrence policy which will provide
primary coverage to the additional insureds (the Owner and the Consultant, if any) in the event of any occurrence, claim, or
suit with:
a. Limits of the greater of Contractor’s actual coverage amounts or the following:
1) Each Occurrence $1,000,000
2) Personal and Advertising Injury $1,000,000
3) General Aggregate $2,000,000
4) Medical Expense (any one person) $5,000
5) Products – Comp/OPS Aggregate $2,000,000
b. Endorsements attached thereto including the following or their equivalent:
1) ISO Form CG 25 03 (05/09), Amendment of Limits of Insurance (Designated Project or Premises), describing the
Project and specifying that the General Aggregate limits as shown above applies to the Project.
2) ISO Form CG 20 10 (07/04), Additional Insured –Owners, Lessees, or Contractors – Scheduled Person or
Organization, naming the Owner and Consultant, if any, as additional insureds.
3) ISO Form CG 20 01 (04/13), Primary and Noncontributory, in favor of the Owner.
4. Automobile Liability Insurance, with:
a. Limits of not less than $1,000,000.00 Combined Single Limit each accident; and
b. Coverage applying to "Any Auto" or equivalent to all owned autos, hired autos, and non-owned autos.
5. Umbrella Liability Insurance to follow form and with coverage at least as broad as the underlying commercial general liability
insurance, automobile liability insurance, and employers liability insurance policies described above. The limits of this
insurance will be the greater of Contractor’s actual coverage or $5,000,000 per occurrence and in the aggregate. The Owner
and Consultant, if any, are to be included as additional insureds under this umbrella policy.
6. Builder’s Risk Insurance Policy – ISO Form CP 00 20 (06/07) Builders Risk Coverage, ISO Form CP 10 30 (06/07) Causes of
Loss – Special Form, including coverage for flood, or equivalent insurance forms, with the following:
a. Limits of insurance in the amount of the Guaranteed Maximum Price.
b. Coverage for materials stored at temporary storage locations and materials in transit.
c. Owner and subcontractors included as additional named insureds.
d. Deductible of not less than $5,000 per occurrence, which will be the responsibility of the Contractor (and will not be
included in the Cost of the Work or be a reimbursable expense).
e. Policy will be primary coverage to other property insurance.
B. Contractor will provide evidence of such insurance to Owner as follows:
1. Deliver to Owner a Certificate of Insurance on ACORD 25 (2010/05) or equivalent:
a. Listing Owner as Certificate Holder and listing Owner and Consultant as Additional Insured on general liability and any
umbrella or excess liability policies.
b. Attaching endorsements, as listed above. (Copies of all endorsements are to be included with the Certificate of
Insurance).
BYU Idaho General Conditions For A Cost Plus A Fee With GMP Project 11/19 Page 24 of
c. Indicating that the insurance provider will endeavor to provide the Owner with advanced notice of cancellation or
nonrenewal of the insurance coverage required herein.
d. Listing insurance companies providing coverage. All companies listed must be rated “A-,” “VII” or better in the current
edition of A.M. Best Company’s Key Rating Guide.
e. Identifying the name, address, and telephone number of the producer. The certificate is to bear the signature of the
authorized representative of the producer.
2. Deliver to Owner a Certificate of Insurance on ACORD 27, Evidence of Property Insurance, for the Builder’s Risk Insurance
Policy, identifying the Project as defined in the Contract, submitted to Owner, attaching the endorsement giving evidence that
the Owner and all Subcontractors are listed as named insureds on the Builder’s Risk Policy.
C. Contractor will maintain, from commencement of the Work, Insurance coverage required in Section 12.1 as follows:
1. Commercial General Liability Insurance through expiration of warranty period specified in Section 13.2, Paragraph B.
including completion of any warranty repairs;
2. Builders' Risk Insurance through Substantial Completion; and
3. All other insurance through final payment.
D. In the event of a loss, or upon request by Owner, Contractor will provide Owner with a copy of required insurance policies above.
E. Owner reserves the right to reject any insurance company, policy, endorsement, or certificate of insurance with or without cause.
F. Owner may, in writing and at its sole discretion, modify the insurance requirements.
G. Waiver of Subrogation: Contractor waives all rights against Owner and other additional insureds for recovery of damages to the
extent these damages are covered by existing insurance, including without limitation general liability, umbrella liability, auto
liability, workers compensation and employer’s liability, builder’s risk, and professional liability. To the maximum extent permitted
by law, Contractor hereby waives all rights of subrogation against Owner. In addition and without limiting the foregoing, Contractor
will ensure that all insurance policies required herein will be indorsed to include waivers of subrogation in favor of Owner
12.2. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND
A. Prior to commencement of the Work or within ten (10) Days after signing the Agreement, whichever is earlier, Contractor will
furnish to Owner a performance bond and a labor and material payment bond each in an amount equal to one hundred percent
(100%) of the Guaranteed Maximum Price as security for all obligations arising under the Contract Documents. Such bonds will:
1. Be written on Form AIA Document A312 (2010).
2. Be issued by a surety company or companies licensed in the state in which the Project is located and holding valid
certificates of authority under applicable federal insurance law as acceptable sureties or reinsurance companies on federal
bonds.
3. Have a penal sum obligation not exceeding the amount permitted by law and the authorization shown in the current revision
of Circular #570 as issued by the United States Treasury Department, i.e. “Treasury List”.
4. Be accompanied by a certified copy of the power of attorney stating the authority of the attorney-in-fact executing the bonds
on behalf of the surety.
B. All Subcontractor performance and payment bonds, if any, shall name Contractor and Owner as Obligee.
C. Owner reserves the right to reject any surety company, performance bond, or labor and material payment bond with or without
cause.
SECTION 13 - UNCOVERING AND CORRECTION OF WORK
13.1. UNCOVERING OF WORK
Contractor will notify Consultant and Owner at least twenty-four (24) hours in advance of performing work which would cover up work
or otherwise make it difficult to perform inspections required by the Specifications or by applicable governing authorities. Should any
such work be covered without proper notification having been given to Consultant, Contractor will uncover that work for inspection
and provide any necessary restoration at its own expense. Such expense will not be a Cost of the Work.
BYU Idaho General Conditions For A Cost Plus A Fee With GMP Project 11/19 Page 25 of
13.2. CORRECTION OF WORK
A. Contractor will promptly correct any portion of the Work which is rejected by Consultant or Owner, or which fails to conform to the
requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated,
installed, or completed. Contractor will bear the cost of correcting such rejected Work, including additional testing and inspection
costs, compensation for Consultant's and Owner’s services, and any other expenses made necessary thereby. Such costs shall
not constitute a Cost of the Work.
B. Contractor will remedy any Defects due to faulty materials, equipment, or workmanship which appear within a period of one (1)
year from the date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of
any applicable special warranty required by the Contract Documents. Contractor will pay all costs of correcting faulty work,
including additional Consultant's fees, attorney fees, expert fees, consultant fees, copy costs, and other expenses when incurred.
Such costs shall not constitute a Cost of the Work.
C. Nothing in the Contract Documents will be construed to establish a period of limitation within which Owner may enforce the
obligation of Contractor to comply with the Contract Documents. The one (1) year period specified in paragraph 13.2.B. has no
relationship to the time within which Owner may enforce compliance with the Contract Documents, nor to the time within which
proceedings may be commenced to establish Contractor's liability with respect to Contractor's obligations.
13.3. ACCEPTANCE OF NONCONFORMING WORK
A. If Owner prefers to accept any portion of the Work not in conformance with the Contract Documents, Owner may do so instead of
requiring removal and correction of the nonconforming Work. In that event, the Contract Sum will be reduced by an amount
agreed upon by the parties which reflects the difference in value to Owner between the Work as specified and the nonconforming
Work. The Guaranteed Maximum Price will also be reduced by an amount identical to the reduction in the Contract Sum. Such
adjustment may consider increased maintenance costs, early replacement costs, increased inefficiency of use, and the like and
will be effective whether or not final payment has been made. Such adjustment will be reflected in a Change Order pursuant to
Section 8.5.
B. Usage by Owner or Consultant of mechanical devices, machinery, apparatus, equipment, or other work or materials supplied
under the Contract Documents prior to written acceptance by Owner, will not constitute Owner's acceptance.
SECTION 14 - RESOLUTION OF DISPUTES
14.1. PROCEDURE
In the event there is any dispute arising under this Agreement which is not resolved by agreement between the parties, either party
may give submit the dispute with all documentation upon which it relies to Owner’s University Resources Vice President, 525 South
Center Street, Rexburg, Idaho, 83460, who will convene a dispute resolution conference within thirty (30) Days after receipt of such
submission. The parties agree to participate in such dispute resolution conference in good faith with a goal toward resolving their
dispute. The dispute resolution conference will constitute settlement negotiations and any settlement proposal made pursuant to the
conference will not be admissible as evidence of liability. In the event that the parties do not resolve their dispute pursuant to the dispute resolution conference, either party may commence legal action to resolve the dispute. Any such action must be commenced
within six (6) months from the first Day of the dispute resolution conference or be time barred. Submission of the dispute to the
University Resources Vice President as outlined above and good faith participation in the dispute resolution conference are
conditions precedent to the right to commence legal action to resolve any dispute. In the event that either party commences legal
action to adjudicate any dispute without first submitting the dispute to the University Resources Vice President and participating in the
dispute resolution conference, the other party will be entitled to obtain an order dismissing the litigation without prejudice and
awarding such other party any costs and attorney fees incurred by that party in obtaining the dismissal, including without limitation
copy costs, travel costs and expert and consultant fees and expenses.
14.2. CONTRACTOR TO PROCEED WITH DILIGENCE
Pending final resolution of a dispute hereunder, Contractor will proceed diligently with the performance of its obligations under this
Agreement.
SECTION 15 - TERMINATION
15.1. TERMINATION BY CONTRACTOR
In the event Owner materially breaches any term of the Contract Documents, Contractor will promptly give Written Notice of the
breach to Owner. If Owner fails to cure the breach within ten (10) Days of the Written Notice, Contractor may terminate the
Agreement by giving Written Notice to Owner and recover from Owner, subject to the Guaranteed Maximum Price, the Cost of the
Work through the date of termination plus the percentage of the Contractor’s Fee thereon, less any offsets. Contractor will not be
entitled to unearned profits or any other compensation or damages as a result of the termination and hereby waives any claim
therefor. Contractor will provide to Owner all warranty, as built, inspection, and other close out documents as well as materials which
Contractor has in its possession or control at the time of termination. Without limitation, Contractor’s indemnities and obligations
BYU Idaho General Conditions For A Cost Plus A Fee With GMP Project 11/19 Page 26 of
under section 3.14 as well as all warranties in the specifications relative to Work provided through the date of termination survive a
termination hereunder.
15.2. TERMINATION BY OWNER FOR CAUSE
Should Contractor fail to provide Owner with the bonds and certificates of insurance required by Section 12 within the time specified
therein, make a general assignment for the benefit of its creditors, fail to apply enough properly skilled workmen or specified
materials to properly prosecute the Work in accordance with Contractor’s schedule, or otherwise materially breach any provision of
the Contract Documents, then Owner may, without any prejudice to any other right or remedy, give Contractor Written Notice thereof.
If Contractor fails to cure its default within ten (10) days, Owner may terminate the Agreement by giving Written Notice to Contractor.
In such case, Owner may, in Owner’s sole discretion, take legal assignment of subcontracts and other contractual rights of
Contractor and/or take possession of the premises and all materials, tools, equipment, and appliances thereon, and finish the Work
by whatever method Owner deems expedient. Contractor will not be entitled to receive any further payment of outstanding Costs of
the Work or Contractor’s Fee thereon (less offsets and subject to the Guaranteed Maximum Price) until the Work is finished.
Contractor will also be liable to Owner for reimbursement of all additional administrative, architectural, consultant, and legal expenses
(including without limitation attorney fees, expert fees, copy costs, and other expenses) incurred by the Owner relative to the Owner’s
termination for cause. In addition, should Owner’s expense to complete the Work exceed the Guaranteed Maximum Price, Contractor
will be liable to pay the difference to Owner. Contractor will provide to Owner all warranty, as built, inspection, and other close out
documents as well as materials which Contractor has in its possession or control at the time of termination. Without limitation,
Contractor’s indemnities and obligations under section 3.14 as well as all warranties in the specifications relative to Work provided
through the date of termination survive a termination hereunder.
15.3. TERMINATION BY OWNER FOR CONVENIENCE
Notwithstanding any other provision contained in the Contract Documents, Owner may, without cause and in its absolute discretion,
terminate the Agreement at any time. In the event of such termination, Contractor will be entitled to recover from Owner, subject to
the Guaranteed Maximum Price, the Cost of the Work through the date of termination plus the percentage of the Contractor’s Fee
thereon, less any offsets. Contractor will not be entitled to unearned profits or any other compensation as a result of the termination
and hereby waives any claim therefor. Contractor will provide to Owner all warranty, as built, inspection, and other close out
documents as well as materials which Contractor has in its possession or control at the time of termination. Owner may, in Owner’s
sole discretion, take legal assignment of subcontracts and other contractual rights of Contractor. Without limitation, Contractor’s
indemnities and obligations under section 3.14 as well as all warranties in the specifications relative to Work provided through the
date of termination survive a termination hereunder.
SECTION 16 - MISCELLANEOUS PROVISIONS
16.1. GOVERNING LAW
The parties acknowledge that the Contract Documents have substantial connections to the State of Idaho. The Contract Documents
will be deemed to have been made, executed, and delivered in Rexburg, Idaho. To the maximum extent permitted by law, (i) the
Contract Documents and all matters related to their creation and performance will be governed by and enforced in accordance with
the laws of the State of Idaho, excluding conflicts of law rules; and (ii) all disputes arising from or related to the Contract Documents
will be decided only in a state or federal court located in or near Rexburg, Idaho and not in any other court or state. Toward that end,
the parties hereby consent to the jurisdiction of the state and federal courts located in Idaho and waive any other venue to which they
might be entitled by virtue of domicile, habitual residence, place of business, or otherwise.
16.2. NO WAIVER
No action or failure to act by Owner, Consultant, or Contractor will constitute a waiver of a right or duty afforded them under the
Contract Documents, nor will such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as
may be specifically agreed in writing.
16.3. RULE OF CONSTRUCTION
Owner and Contractor agree that the Contract Documents will be deemed to have been drafted by both Owner and Contractor and
will not be construed against either Owner or Contractor because of authorship.
16.4. SEVERABILITY
Notwithstanding anything to the contrary herein, the invalidity or unenforceability of any provision of the Contract Documents shall not
affect the validity and enforceability of any other provision of the Contract Documents.
16.5. ENFORCEMENT
In the event either party commences legal action to enforce or rescind any term of the Contract Documents, the prevailing party will
be entitled to recover its attorney fees and costs, including without limitation all copy costs and expert and consultant fees and
expenses, incurred in that action and on all appeals, from the other party.
BYU Idaho General Conditions For A Cost Plus A Fee With GMP Project 11/19 Page 27 of
16.6. TESTS AND INSPECTIONS
A. Owner and Consultant have the right to have tests made when they deem it necessary. Tests conducted by Owner or Consultant
will be paid for by Owner. Should a test reveal a failure of the Work to meet Contract Document requirements, the cost of the test
as well as subsequent tests related to the failure necessary to determine compliance with the Contract Documents will be paid for
by Owner, with the cost thereof deducted from the Contractor’s Fee by Modification.
B. Tests will be made in accordance with recognized standards by a competent, independent testing laboratory. Materials found
defective or not in conformity with Contract Document requirements will be promptly replaced or repaired at the expense of
Contractor.
A. Owner and Consultant have the right to obtain samples of materials to be used in the Work and to test samples for determining
whether they meet Contract Document requirements. Samples required for testing will be furnished by Contractor and selected as
directed by Consultant. Samples may be required from the sample's source, point of manufacture, point of delivery, or point of
installation at Consultant's discretion. Samples not required as a Submittal in the Specifications will be paid for by Owner. Should
tests reveal a failure of the Sample to meet the Contract Document requirements, Contractor will provide other Samples which
comply with the requirements of the Contract Documents at no cost to Owner.
16.7. TEMPORARY OR TRIAL USAGE OF ANY MECHANICAL DEVICES
Temporary or trial usage by the Owner of mechanical devices, machinery, apparatus, elevators, equipment or other work or
materials supplied under this Contract shall not be construed as evidence of the Owner's acceptance.
16.8. OWNERSHIP OF ARTIFACTS
All historical artifacts found on the Project Site, including but not limited to construction materials, building elements, jewelry,
memorabilia, coins or money, paper or documents, are and will be treated by the parties as being the property of Owner. All such
artifacts discovered by Contractor or Subcontractors on the Project Site will be promptly surrendered to Owner.
END OF GENERAL CONDITIONS
4818-4868-7749, v. 3
BYU Idaho Agreement between Owner and Contractor for a Cost Plus a Fee with GMP Project Page 28 of
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR A COST PLUS A FEE WITH GMP PROJECT
Brigham Young University-Idaho (“Owner”) and (“Contractor”) hereby enter into this Agreement between Owner and Contractor for a
Cost Plus a Fee with GMP Project (“Agreement”) and agree as follows:
1. Project.
Project Name: 2021 CMPS Sewer Line Retrofit (“Project”)
Project Address: (“Project Site”)
2. Scope of the Work. Contractor will furnish all labor, materials, equipment, construction, and services necessary to complete the Work in
accordance with the Contract Documents.
3. Contract Documents.
a. The Contract Documents consist of:
1) This Agreement;
2) The General Conditions for a Cost Plus a Fee with GMP Project (“General Conditions”) contained in the Project Manual titled
and prepared by (“Consultant”);
3) The Specifications contained in the above-referenced Project Manual;
4) The Drawings prepared by Consultant entitled .
5) Addenda Numbered: ; and dated
6) All Modifications to the Contract Documents.
b. The Contract Documents are incorporated into this Agreement by reference as if fully set forth herein.
c. The definitions set forth in the General Conditions will apply to the Contract Documents.
d. The Contract Documents contain the entire and integrated agreement between the parties hereto and supersede all prior
negotiations, representations, or agreements, either written or oral.
e. Modifications or other amendments to the Contract Documents must be in writing and as provided in the General Conditions.
4. Contract Sum.
a. Owner will pay Contractor for performance of Contractor’s obligations under the Contract Documents the Contract Sum consisting
of:
1) the Cost of the Work as defined in the General Conditions; plus
2) the Contractor’s Fee which will be % of the final Cost of the Work (less that portion of the Cost of the Work pertaining to
Contractor’s premiums for insurance and bonds and amounts paid for permits, licenses and inspections), as adjusted in
accordance with the Contract Documents.
b. Notwithstanding Section 5.a above or any other provision of the Contract Documents, Contractor guarantees that the Contract Sum
will not exceed the Guaranteed Maximum Price which will be $ , as adjusted in accordance with the Contract Documents.
Contractor will not be entitled under any condition to receive from Owner any amount in excess of the Guaranteed Maximum Price.
BYU Idaho Agreement between Owner and Contractor for a Cost Plus a Fee with GMP Project Page 29 of
5. Time of Commencement and Substantial Completion.
a. Contractor will not commence the Work until after .
b. Contractor will achieve Substantial Completion and have the Work ready for Owner’s inspection no later than the
.
c. Time is of the essence of the Contract Documents.
6. Delay in Completion of the Work.
a. The amount of liquidated damages to be paid to the Owner for delays in Substantial Completion under General Conditions Section
9.4, Paragraph A is $300 per day.
b. The amount of liquidated damages to be paid to the Owner for delays in completing work itemized on the Substantial Completion
Certificate under General Conditions Section 9.4., Paragraph B is $300 per day.
7. Independent Contractor Relationship. Contractor is an independent contractor and is not the agent or employee of Owner.
8. Assignment. Contractor will not assign any right or obligation hereunder without the prior written consent of Owner, which consent may
be granted or withheld in Owner's absolute discretion. Contractor will not assign moneys due or to become due to Contractor hereunder,
nor will Contractor pledge the credit of Owner or bind Owner to any third party.
9. Work Restrictions. Contractor will ensure that it and its agents, employees and sub-contractors:
a. Do not use or consume alcohol or cannabis, or illegally use drugs, upon the Project Site or enter upon the Project Site or perform any
Work while under their influence;
b. Do not smoke or vape anything on the Project Site; Do not use tobacco in any form on the Project Site;
c. Do not perform Work on the Project Site on Sundays;
d. Refrain from using profanity or being discourteous or uncivil to others on the Project Site or while performing services under this
Agreement;
e. Do not view or allow pornographic or other indecent materials on the Project Site;
f. Do not play obnoxious and/or loud music on the Project Site; Do not play any music within existing facilities;
g. Refrain from wearing immodest, offensive or obnoxious clothing while on the Project Site; and
h. Do not bring weapons onto the Project Site.
10. Notice. The parties hereby designate the following mailing addresses and email addresses to be used for sending Written Notice to the
other party:
To Owner:
Attention:
525 South Center Street
Rexburg, Idaho 83460-8205
208-496-2651
AND with a duplicate copy submitted through Owner’s Project Management System.
To Contractor:
Attention:
,
BYU Idaho Agreement between Owner and Contractor for a Cost Plus a Fee with GMP Project Page 30 of
11. Effective Date. The effective date of this Agreement is the date indicated by the Owner’s signature.
Client: Contractor:
Brigham Young University-Idaho
By:
President – BYU-Idaho Date Authorized Representative
Print Name:
University Resources Vice President – BYU-Idaho Date
Title:
University Operations Managing Director – BYU-Idaho Effective Date
Date:
Fed. I.D. : Contractor License No.:
v. 3
Special Provisions 1 of 26
SPECIAL PROVISIONS
2021 SEWER LINE RETROFIT
BRIGHAM YOUNG UNIVERSITY – IDAHO 20 May 21
Project 12061
PROJECT DESCRIPTION AND SCOPE OF WORK
This project encompasses reconstructing a segment of sewer line and pipe bursting another
segment to provide for rehabilitation of existing sewer lines east of the Manwaring Center and Smith
Building on the campus of BYU-Idaho in Rexburg, Idaho. The rehabilitation work is being
performed on existing 8” sewer lines; PVC pipe on the replacement, and concrete pipe with a
limited amount of clay tile pipe on the pipe bursting segment.
Work includes sewer line excavation and replacement, sewer line pipe bursting, sewer bypass
pumping, restoration of various existing surfaces (asphalt pavement; concrete slabs, sidewalks, and
curbs; a brick paver area; and landscaped areas), restoration of a steam line utility crossing, and
related services including pedestrian and traffic control.
There are not any alternates for this project.
This contract will be administered by representatives of the Facility Planning and Construction office
of BYU-Idaho, who is the Owner for this project. The Dyer Group, LLC (208-390-9700) will serve as
Engineer of Record for the project and as a representative of the Owner. Engineering design,
surveying and construction staking, and construction observation will be provided by the Engineer.
The Owner will periodically visit the site and provide quality control and materials testing to assure
adherence to plans, specifications, and design concepts.
GENERAL PROVISIONS
Water for Construction: The University will make water available from its existing facilities
wherever possible, at no cost to the contractor, provided suitable precautions are taken to prevent
cross-connections and possible contamination of the water supply. Coordinate with University
personnel whenever drawing from University water supplies, or coordinate with the City of Rexburg
if using City water. Water used for any purpose on this project is considered incidental to other
items.
Incidental Items: Any item of work not specifically listed in the Form of Proposal, will not be paid
for separately but is to be considered incidental to and absorbed in other items of the contract.
Access and Safety: At all times conduct work so as to insure to the greatest possible degree the
uninterrupted convenience and safety of the general public and access to areas adjacent to the
work.
Summer semester will be over on July 21, after which most of the students and faculty will leave
campus until September – but there will still be some staff and visitors frequenting campus, and
food deliveries to the Manwaring Center in particular during these times to serve the public and
those remaining on campus during the break. Coordinate with University representatives and the
Engineer on any impacts to service access, ongoing University operations of the Manwaring Center,
Special Provisions 2 of 26
or required temporary closures during the construction work in order to minimize disruption to the
extent possible.
Noise Impact: To minimize noise impacts on campus, do not conduct construction activities
between the hours of 10:00 p.m. to 7:00 a.m., unless approved otherwise by the Owner.
Submittals: Furnish shop drawings, equipment or materials catalog cuts, and other similar
information to the Engineer for review and approval of all equipment and materials proposed for use
on this project prior to beginning work. Engineer will respond to submittals within five days of
receipt. Promptly correct and resubmit any submittals deemed unsatisfactory by the Engineer.
Testing: At no cost to the contractor, the Owner will furnish certified third party quality control
testing necessary to assure the workmanship and materials are in accordance with specified
requirements as defined later in these Special Provisions. Respond to the tester’s directions given
through the Engineer to correct deficiencies identified by the testing and/or to replace defective
materials and construction as appropriate to meet the Specifications.
Surveying: The Engineer will provide general control including benchmarks, and will provide
construction staking for the sewer line replacement area. The contractor will be responsible to lay
out the work from the provided staking as incidental to other items. Note that any pavement striping
required will be provided by the University.
Pedestrian and Traffic Control: Furnish all necessary pedestrian and traffic control for this project
in accordance with the Standard Specifications and the Manual on Uniform Traffic Control Devices
(MUTCD, current edition). It will be necessary to set up to restrict pedestrian and traffic access in
certain areas as will be described later in the Specifications contained in these Special Provisions.
Project Schedule: Construction is scheduled to coincide with the summer break which is July 22-
September 9, 2021. Complete the required work and project cleanup within that timeframe.
Erosion Control: The area of disturbance for this project is less than 1 acre and therefore an EPA
General Permit and Notice of Intent (both now administered by Idaho DEQ) are not required.
However, for proper environmental stewardship, implement stormwater best management practices
(BMP’s) as appropriate to mitigate stormwater runoff from the site, potential erosion/sedimentation,
and control dust.
Stormwater management materials and practices will follow the “Catalog of Stormwater Best
Management Practices for Cities and Counties” document as published by the Idaho Department of
Environmental Quality, latest edition. Erosion control work is considered incidental to other items.
STANDARD SPECIFICATIONS AND DRAWINGS
Specifications for this project will follow the Idaho Standard Specifications for Public Works
Construction, 2020 edition. Standard Specifications applicable to this project are:
Section No. Description
204 Structural Excavation and Compacting Backfill
301 Trench Excavation
303 Exploratory Excavation
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305 Pipe Bedding
306 Trench Backfill
307 Street Cuts and Surface Repairs
501 Gravity Sewers
507 Sanitary Sewer Open Cut Repair/Rehabilitation
510 Pipe Bursting
512 Sewage Bypass Systems
701 Concrete Formwork
702 Concrete Reinforcement
703 Cast-in-Place Concrete
706 Other Concrete Construction
801 Uncrushed Aggregates
802 Crushed Aggregates
803 Plant Mix Aggregates
805 Asphalt
810 Plant Mix Pavement
1001 Construction Site Management
1002 Construction Site Housekeeping
1003 Sediment Collection
1103 Construction Traffic Control
2050 Construction Geotextiles
Standard Drawings applicable to this project are:
Section No. Description
SD-301 Typical Trench
SD-302 Typical Pipe Bedding Section
SD-303 Street Cuts and Surface Repair Details
SD-1000 Idaho DEQ Catalog of Storm Water BMP’s
In case of conflict between the Standard Specifications and Standard Drawings, and the project
Specifications that follow hereafter and the Project Drawings; then the project Specifications
and the Project Drawings shall govern.
PROJECT SPECIFIC CHANGES OR CLARIFICATIONS TO THE STANDARD SPECIFICATIONS
The following special provisions amend, modify, change, or clarify Standard Specifications as
necessary for this project:
1) Section 204 Structural Excavation and Compacting Backfill: Make extra effort and
provide suitable equipment to properly and thoroughly compact around manholes and other
structures.
Special Provisions 4 of 26
2) Section 305 Pipe Bedding: Use Type I pipe bedding sorted from available excavated
material; or at contractor’s option and without additional cost, furnish and use Type I or Type
III pipe bedding material. Use Class A-1 Bedding System.
3) Section 306 Trench Backfill: Use Type A-1 trench backfill and compaction (mechanical) in
all areas in lifts not to exceed 9”.
4) Section 307 Street Cuts and Surface Repairs: Use the asphalt repair section detailed on
the Drawings for repairing trench cuts across existing asphalt areas. See the Specifications
that follow for additional information on other types of surface repairs
5) Section 510 Pipe Bursting: See the Specifications that follow for additional information on
pipe bursting.
6) Section 512 Sewage Bypass Systems: See the Specifications that follow for additional
information on bypass pumping.
7) Section 703 Cast in Place Concrete: Use Class 4000AF (4000 psi) for concrete curbs and
Class 4000BF for sidewalks and slabs on this project. Demonstrate reduction of aggregate
ASR in the concrete mix designs. Do not exceed 35% of the total cementitious material for fly
ash, if used. Place ½” expansion joint next to existing concrete or structures. See the
Specifications that follow for additional information on placing, jointing, finishing, and curing
concrete.
8) Section 801 Uncrushed Aggregate: Clarification is given that this specification refers to
uncrushed aggregates, sometimes referred to in these contract documents as granular borrow
or pit run gravel. Use 6” gradation or finer and provide proctor for material. See
Specifications herein for compaction requirements.
9) Section 802 Crushed Aggregate: Use Type I (3/4” crushed material) gradation and provide
proctor for material. See Specifications herein for compaction requirements.
10) Section 803 Plant Mix Aggregates: Use ½” size gradation (commercial mix).
11) Section 805 Asphalt: Use PG 58-28 asphaltic concrete for asphalt repair pavement.
12) Section 810 Plant Mix Pavement: Provide Marshall Mix design or equivalent for review and
approval prior to construction. See Specifications herein for plant mix pavement compaction
requirements.
13) Section 2050 Construction Geotextiles: Use Type I - moderate survivability, non-woven
subgrade separation geotextile for paving section. Provide submittals prior to ordering
material.
PROJECT SPECIFICATIONS
MOBILIZATION (Item 1)
General: A mobilization item has been provided to cover fixed costs of the contract (e.g., General
Conditions), and pre-construction preparatory work necessary for the project.
Special Provisions 5 of 26
Materials: Not used.
Workmanship: Provide bonding (if required), certificates of insurance, and other information and
documents as may be required by the General Conditions. Provide for jobsite security and sanitary
facilities as appropriate. Mobilize personnel, equipment, and materials to the jobsite in preparation
for construction. Include per diem, lodging, and other project overhead expenses as may be
appropriate or desired.
Measurement and Payment: 75% of the mobilization item will be paid on the first pay request, with
the balance to be paid on subsequent pay requests according to project progress. A brief,
nonexclusive outline of the principal work items intended to be addressed by this specification is as
follows:
1) Mobilization: Payment for mobilization will be made at the lump sum price stated in the Form of
Proposal. Payment is intended to include the items enumerated under “Workmanship” and
other appropriate fixed project costs.
8” GRAVITY SEWER REPLACEMENT (Items 2-3)
General: It is required to excavate and replace the existing 8” PVC gravity sewer line from the
existing manhole just east of the Manwaring Center loading docks and then northeasterly to the
existing sewer manhole in the Smith Roundabout, as shown on the Drawings. This will be
accomplished by excavating and removing the existing 8” PVC sewer line and replacing it with a
new 8” PVC sewer line, and connecting the new piping to the existing manholes at each end.
The elevation of the new sewer line at the manhole in the Smith Roundabout will be lowered 0.44 ft.
to achieve better slope and performance on the new pipeline. The floor, flow channel, and wall
connection of the new pipeline to the Smith manhole are to be reconstructed as required to provide
for this lowering.
Work includes exploratory excavation, excavation and backfill, removal and disposal of the existing
sewer line, furnishing and installing the new sewer pipeline, modifying the floor of the Smith
manhole, connection of the new piping to the existing manholes, and coordinating with the
University on limited access and potential temporary closure of the Manwaring Center food service
loading docks.
Materials: Use ASTM D-3034 SDR 35 PVC gravity sewer piping. Use Type I bedding material
separated from the trench excavation material, or furnish and use Type I bedding material at the
contractor’s option. Use 8” x 4” factory wye or tee fittings and SDR 35 PVC sewer service line
fittings for any service connections to the new sewer line (not anticipated = contingency item).
Use flexible connection manhole adapters (waterstop) on the new pipeline at the connection of the
new pipeline to the existing manholes; Rollee, Fernco, or approved equal. Use non-shrink polymer
grout for manhole wall repair at the pipeline connections; Sikaflex HHLV, Chem-Crete HPG551, or
approved equal. Use non-shrink polymer cement grout for rehabilitating the lowered floor and
trough of the Smith Manhole; Sikatop 122 Plus, Chem-Crete Chem220, or approved equal.
Workmanship: Following is a more detailed description of the work items associated with the
gravity sewer replacement work, grouped in associated categories for convenience and clarity.
Food Service Coordination – Unfortunately the route of the pipeline to be replaced traverses across
Special Provisions 6 of 26
a paved maneuvering and access area serving loading docks associated with the Food Services
operations in the Manwaring Center. The Food Service supports a publicly available food court and
a contract meal service for students and faculty, and is the only such food service facility on
campus. As there will be a number of students still on campus during the break, as well as the need
to keep the food court entities in operation, food and supplies need to continue to be delivered to
the Manwaring Center to the extent possible.
The pipeline to be replaced carries all of the wastewater from the food services operation including
food preparation, washing, and cleanup – but no sanitary wastes. Discharge from the Food Service
operations goes through an adjacent grease trap before flow proceeds to the beginning manhole of
the pipeline replacement segment just outside of the loading docks of the Manwaring Center.
To minimize disruption and potential impacts on delivery of food and supplies to the Food Services
operation, coordination with the University will be required about the timing and impact of the
pipeline replacement work. The University will work with Food Services personnel to develop a plan
to help accommodate the pipeline reconstruction and minimize deliveries to the extent possible, but
it will likewise be necessary for the contractor to be flexible in accommodating the situation and
needs.
Such accommodation may include keeping access to the loading docks as long as possible before
shutting it off temporarily, and then to limit that closure to as short a timeframe as possible.
Additionally, it may be necessary to temporarily backfill a portion of the completed pipeline trench in
a location appropriate to reopen a degree of delivery and allow delivery trucks to pass over the
pipeline trench to reach the loading docks with necessary food and supplies – rather than waiting
for complete surface restoration before allowing such access.
Provide appropriate planning, coordination, and accommodation as reasonably requested by the
University to support the need to keep Food Services in reasonable operation.
Pre-Excavation Activities – Prior to beginning operations, isolate the work area from pedestrian and
vehicle traffic (except authorized Food Service deliveries as discussed above) in accordance with
the Pedestrian and Traffic Control specification that follows hereafter.
Most of the pipeline route is covered by hard surfacing (concrete, pavement, and brick pavers).
Carefully cut and remove hard surfacing prior to any excavation work as detailed in the Surface and
Utility Restoration specification hereafter. It is especially important to cut the existing asphalt
pavement prior to any efforts to remove it. A specialty subcontractor is required for surface removal
in the brick paver area as noted in the specification.
After the hard surfacing is removed in appropriate locations, perform advance exploratory
excavation in areas of the utility crossings to determine their location, nature, and extent – and as
otherwise needed to properly plan for and execute pipeline construction (such as at connections).
Critical utility crossings include the steam line crossing and a concrete-encased high-voltage
electrical line serving the northeast area of campus. Such exploratory excavation is preferred to be
conducted by the “soft” (waterjet) excavation and vacuum removal method, but the contractor is free
to employ other reasonable methods of exploratory excavation, understanding and acknowledging
the requirement to adequately repair or replace any utilities damaged by construction.
Prior to beginning replacement of the sewer line, set up and establish the wastewater bypass
pumping operations as detailed in the Bypass Pumping specification presented hereafter.
Special Provisions 7 of 26
Manhole Connections – The downstream connection to the manhole and the Smith Roundabout is
to be lowered to 0.44 ft. from the existing elevation in order to increase the slope of the replaced
sewer line. This will require breaking up and reconstructing a portion of the manhole floor and also
making a new pipeline connection in the manhole wall.
At the upstream connection of the replaced pipeline to the Manwaring Center manhole, reuse or
replace the existing flexible connection if possible, or construct the new grouted connection as
detailed on the Drawings.
Begin manhole connection operations by thoroughly cleaning the interior of both existing manholes.
The waterjet and vacuum removal of debris method is preferred, but other methods may be utilized
upon Engineer approval. Then excavate down to the existing exterior pipeline connections on both
manholes to provide adequate room for constructing the connections.
In the Smith Roundabout manhole, cut the concrete floor and wall, and/or jackhammer the concrete
in a careful manner to break out what needs to be adjusted, and then remove and dispose of the
debris at an approved excess materials site.
Reshape the manhole floor and flow channel for proper flow from the incoming replaced pipeline
using a specified non-shrink polymer cement grout product to make the repair and achieve the
appropriate size and flow channel slope to accommodate proper flow to the outlet of the manhole.
Likewise cut and enlarge the entrance of the replaced pipeline into the manhole wall (southwest
side) as required to accommodate the new pipe flowline elevation at the manhole and properly
construct the new manhole connection. Follow the details on the Drawings for constructing a
grouted, yet flexible, connection of the pipeline to the manhole wall. Use the specified materials
including the waterstop on the pipe and polymer grout for correctly constructing the connection.
As noted, at the Manwaring Center manhole, replace or re-utilize the existing flexible pipeline
connection if possible, or construct the new grouted connection as detailed on the Drawings and
described above for the downstream manhole.
In all cases of manhole rehabilitation and pipeline connection; assure smooth surfaces of grouted
materials, full penetration of the grout materials in void areas to achieve water tightness, and
thorough cleaning and removal of all excess debris.
Upon completion of the new manhole connections; carefully place sand, crusher rejects, or other
approved material under and around the pipeline outside the manhole and thoroughly compact
under and around the sides of the pipeline to assure a stable connection that will not settle when
the main pipeline trench next to the manholes is backfilled and compacted.
Sewer Line Replacement – excavate the pipeline trench in accordance with the Standard
Specifications and remove the existing pipeline. Separate out the existing pipeline material and any
other unsuitable material from the excavated material and dispose of them at an approved excess
material site. As the trench will likely be over-excavated in the process of pipeline removal, place
and compact bedding material at the proper line and grade prior to installing the new pipeline.
Rock removal is not anticipated, but lava rock is prevalent in the area at the elevation of the new
pipeline. If rock is encountered and needs to be “cleaned up” to allow proper installation of
bedding, it will be handled under the Rock Excavation specification presented hereafter.
Special Provisions 8 of 26
Carefully handle and/or provide temporary support for utilities or adjacent surface features
encountered. Document the location of all subsurface utilities encountered and locations of
connections piping made by measuring to at least two surface landmarks and recording the
information on the contractor's record drawings. Maintain the integrity and security of the record
drawings until project completion at which time an accurate and up-to-date electronic copy of the
originals is to be submitted through e-Builder.
Place bedding material in accordance with the Standard Specifications. Suitable pipe bedding
material (Type I bedding) is anticipated to be available from the trench excavation material, sort as
required; or furnish as needed (at contractor’s option). Use Type A-1 bedding system. If any
unsuitable foundation conditions encountered (not anticipated), subexcavate the trench bottom and
furnish and install Type II bedding material as directed by the Engineer under the Miscellaneous
Work contract item.
Install new sewer line piping in accordance with the Standard Specifications and Standard
Drawings. Place emphasis on properly placing and compacting bedding material around the new
pipeline so as to construct a soil bridge over it and prevent the formation of bellies in the pipeline
during trench backfill operations.
Previous internal TV inspection of the existing sewer line did not show any service connections and
thus constructing service connections is not anticipated although it is detailed on the Drawings as a
contingency item. If any are discovered that need connection, they will be covered under the
Miscellaneous Work item.
It is anticipated that the excavated trench material will be suitable for trench backfill. Back fill
trenches in accordance with the Standard Specifications, using Type A-1 Compaction (mechanical,
9” lifts, 96% of optimum density for the backfill material).
Back fill the trench either to the elevation where surface restoration materials will be installed or to
the bottom of the utility crossings where crossing rehabilitation is to be performed by qualified
subcontractors who will build up and restore the trench area from there. In the soft landscape area,
back fill with a minimum of 12” of topsoil at the top of the trench to facilitate rehabilitation of the
landscape area, which will be performed by the University.
The University will provide for conducting proctors of the excavated material and also conducting
compaction tests on the bedding and backfill.
After completion of pipeline construction and backfill operations but before surface restoration;
conduct deflection, leakage (low pressure air test), and internal TV acceptance testing on the
installed pipeline in accordance with the Standard Specifications. Assure Engineer or University
representative witnesses acceptance testing; and provide certified, written reports of the test results
via e-Builder.
Measurement and Payment: A brief, nonexclusive outline of the principal work items intended to
be addressed by this specification is as follows:
2) Manhole Connections: Payment for connecting the new 8” PVC replacement piping to the
existing manholes will be made at the lump sum price stated in the Form of Proposal. Payment
is to include:
S cleaning the interior of the existing manholes, and removal and disposal of debris
Special Provisions 9 of 26
S concrete removal and reconstruction of the Smith Manhole floor and flow trough as
required to accommodate the lower inlet pipe elevation
S modifying manhole walls and constructing new flexible, grouted connections of the
replaced piping to the manholes as required (2 each)
S furnishing and compacting special backfill exterior to the manholes around the new
connected piping provide proper support, and
S all other work necessary for complete and workable modification of the Smith Manhole
floor and connection of the new PVC sewer piping to the existing manholes.
3) 8” Gravity Sewer Replacement: Payment for replacing the existing sewer line with a new 8” PVC
gravity sewer line will be made at the unit price per lineal foot stated in the Form of Proposal.
Payment is to include:
S coordination with the University and planning for accommodating Food Service
deliveries to the extent possible
S constructing a temporary trench crossing for delivery access as needed
S exploratory excavation of utility crossings and other critical locations as needed
S trench excavation
S existing pipe removal and disposal
S temporary utility crossings support as needed, and documenting utility crossing
locations
S pipe bedding placement and compaction
S furnishing and installing new 8” PVC gravity sewer piping (205 lineal feet)
S trench backfill and compaction
S pipeline deflection and pressure testing, and internal TV inspection of the completed
pipeline, and
S all other work necessary for a complete and workable gravity sewer replacement.
SURFACE AND UTILITY RESTORATION (Items 4-9)
General: Replacing the one segment of existing sewer line, and pipe bursting the other segment,
will disrupt existing hard surfaces that will need to be properly removed and restored. This includes
areas of reinforced concrete slab, asphalt pavement in the Manwaring Center delivery area and in
3rd South, concrete curbs, concrete sidewalk, and a brick paver area in the Smith Roundabout.
Additionally, the pipeline replacement trench will cross an existing steam line installation that will
require specialty materials and construction to properly restore, as will the brick paver area.
Work includes removing and later restoring the various hard surfaces to their pre-construction
condition after completion and acceptance of the sewer pipeline work. It also includes arranging for
the services of designated pre-qualified subcontractors for the restoration of the brick paver area
and the steam line utility crossing.
Materials: Following is information on the materials to be used, by category.
Concrete Slab, Sidewalk, and Curbs – Use ¾” (Type I) crushed aggregate for crushed gravel under
the slab and sidewalk, ASTM A-615 Grade 60 reinforcing steel, Class 4000AF concrete for the
curbs and Class 4000BF for the flat surfaces. Furnish material properties, gradations, proctors, and
concrete mix designs for the materials proposed for use. Demonstrate ASR reduction in the
concrete mix design. Use 3”x3”x3” precast concrete dobie blocks (not chairs) to support steel
reinforcement.
Special Provisions 10 of 26
Use monomolecular evaporation reducer on freshly placed concrete, Confilm as manufactured by
BASF or E-CON manufactured by L & M Construction Chemicals, Inc., or Owner approved equal.
Use resin and water based curing compound on finished concrete, 1100 Clear as manufactured by
W. R. Meadows, or Owner approved equal. Use WR Meadows polyurethane NS Sealant,
limestone color, for sealing the top of completed expansion joints.
Asphalt – Use Type I – moderate survivability non-woven subgrade separation and drainage
geotextile fabric on top of the subgrade, 6” minus material or finer for granular borrow (uncrushed
aggregate) above the fabric, ¾” minus crushed gravel for road base (crushed aggregate) above the
granular borrow, and ½” minus crushed aggregate for plant mix pavement with PG 58-28 asphaltic
concrete above the crushed gravel for asphalt repairs (commercial mix).
Furnish material properties, gradations, proctors, and asphalt mix design for the materials proposed
for use.
Brick Pavers – Use ASTM C 33 No. 2 stone for the bottom drainage layer, ASTM C 33 No. 57 stone
base layer, and ASTM C 33 No. 8 stone for bedding and between the brick pavers. Use permeable
interlocking concrete brick pavers; salvaging and reusing the existing and providing additional to
match the make, style, and color of the existing, as may be required.
Steam Line – Use 2” Styrofoam boards matching the existing in thickness and size to form the
insulative “box” around the existing steam lines. Fill the insulative enclosure with Gilsulate
insulation. Use ASTM C 33 sand for the layer above the insulative box, and clean excavated trench
material to complete the backfill above that to the bottom of the concrete and crushed gravel
section of the sidewalk.
Workmanship: Following is a description of the work items, by category
Concrete Slab, Sidewalk, and Curbs – Carefully cut and remove areas of the existing concrete slab
by the Manwaring Center, parking lot curb, curb and gutter in the Smith Roundabout area, and the
sidewalk in the Smith Roundabout area as needed to provide room for adequate pipeline trench
excavation and backfill. Removal and replacement of the concrete sidewalk for the spot excavation
and repair contract item will follow the requirements of this specification but will be paid for under
that contract item since it is a contingency item that may or may not be used.
When cutting and removing concrete, cut on the next available joint beyond the trench work area to
facilitate proper restoration and matching of the concrete surfaces. Cut concrete slabs and existing
reinforcing full depth and carefully remove in a direction away from remaining existing concrete so
as to avoid damage to it. Remove and replace remaining adjacent concrete damaged by
construction or restoration at no additional cost to the Owner. Dispose of removed concrete at an
approved excess materials site.
Backfill the pipeline trench or disturbed area to the subgrade elevation of the concrete and crushed
gravel section to be placed.
Furnish, place, and compact (96% of maximum material density) the required 6” crushed gravel
base layer under the replacement curbs, slab, and sidewalk. The University will provide
compaction testing. Promptly re-work any areas of the compacted crushed gravel base that do not
meet compaction requirements.
Special Provisions 11 of 26
Follow the provisions of the Standard Specifications in constructing the replacement concrete
curbs, slab, and sidewalk. For curbs, match the dimensions shown for the curb and gutter on the
Drawings. Note both Type A (curb with gutter) and Type B (vertical curb) styles are used,
depending on location. Match existing curb elevations and profile, and properly dowel new
concrete construction into the adjacent remaining existing concrete to stabilize the repair. In gutter
sections, check the flowline for proper drainage with a string line and level.
For the concrete slab and sidewalk replacement, match the dimensions and specifications shown
on the Drawings which constitute the University standard for concrete slab construction (MC slab
will be 8” thick) to accommodate maintenance vehicles that frequently travel over the concrete
sidewalk areas.
Furnish and place the reinforcing steel grid in the replacement concrete slab and sidewalk areas as
shown on the Drawings, using wired dobies (concrete blocks, not chairs) to support the rebar grid
sufficient to assure the reinforcement remains at the appropriate position in the concrete section
and cannot be depressed to the bottom during construction. Note that reinforcement goes through
any expansion joints, as shown on the Drawings.
Furnish and place the concrete mix in accordance with the Standard Specifications. Do not “soup
up” the concrete mix or use concrete tampers or similar devices to facilitate finishing. Screed
concrete to the required lines and grades after placement and consolidation of the concrete. The
University will provide concrete testing including slump, entrained air content, and strength of test
cylinders.
Immediately after placement, consolidation, and screeding of the concrete; apply the specified
monomolecular evaporation reducer in accordance with the manufacturer’s directions and float the
constructed sidewalk section with a magnesium float – do not use steel finishing tools and do not
trowel new concrete surfaces. Take particular care when changing directions of the float to avoid
creating humps or dips in the concrete surface.
Construct full width, tooled contraction control joints with rounded edges in the slab and sidewalk at
locations to match the previously existing joints. Place additional control joints at any re-entrant
corners or penetrations of the new slab or sidewalk such as utility covers, electrical boxes, etc. to
address the liking likely cracking that will occur in such areas without proper additional jointing.
Furnish and install premolded joint filler to replace any expansion joints in the original construction
that are removed or new ones that are constructed. After the concrete has set, furnish and install
the polyurethane sealant on the top of the expansion joint.
After jointing, apply a light broom finish, perpendicular to the long axis of the sidewalk, and in the
direction of drainage for the concrete slab. Then immediately after brooming, apply the specified
curing compound in accordance with the manufacturer’s directions, thoroughly covering all surfaces
including vertical faces of the placed concrete immediately after form removal.
Guard the newly placed and finished concrete for a minimum of 4 hours after placement of the
curing compound to assure protection from vandalism and/or trespass by humans or animals.
Promptly remove and replace any restored concrete that is damaged at no additional cost to the
Owner.
Asphalt – Provide asphalt removal and replacement in the Manwaring Center parking lot area to
accommodate the pipeline replacement, and in 3rd South to accommodate the pipe bursting and
Special Provisions 12 of 26
removal of the abandoned manhole.
Do not attempt to remove any existing asphalt pavement without first cutting the pavement to full
depth along trench line edges and other areas to be excavated. Carefully remove existing asphalt
by pulling away from existing asphalt to remain, and taking special care to not lift up adjacent
remaining existing asphalt so as to protect it from cracking and damage. Dispose of removed
asphalt pavement at an approved excess materials site.
After approval of the backfilled trench subgrade, furnish and place the geotextile separator fabric
assuring proper overlap of joints, full coverage under base gravels, and lap up the sides of the
excavation.
Then furnish, place, and compact the pit run material in accordance with the Standard
Specifications, taking care not to disturb or damage the separator fabric (place gravel from above).
Compact the pit run gravel to 96% of optimum density.
Then furnish, place, and compact the ¾” crushed gravel material and the plant mix pavement in
accordance with the Standard Specifications. Compact the crushed gravel to 96% of maximum
density and the plant mix pavement to 92% of maximum theoretical density as established by the
asphalt mix design. Use a straight edge or string line to assure uniform grade, proper drainage,
and no humps or “bird baths” in the finished surface of the restored asphalt pavement.
The University will provide the required compaction testing. Re-compact and re-test any areas not
meeting compaction specifications until acceptable results are obtained and do so without
additional cost to the Owner.
Layout and painting of any required pavement markings is not a part of this contract (Owner will
provide).
Brick Pavers – Restoration of the brick pavers and the underlying sand drainage and support layers
is to be accomplished by employing the services of Seasons West, Inc. as the subcontractor to do
this work.
The subcontractor is to carefully remove the existing brick pavers in the area required for trench
excavation and manhole access for the sewer line to be replaced, and also as may be required for
pipe bursting. Keep track of specially cut and sized pieces to be able to properly replace them and
maintain the brick paver pattern upon restoration.
Removal and restoration of the concrete square around the existing manhole in the Smith
Roundabout will be required. Follow the information above concerning concrete slab restoration.
Measure the location and position of the existing concrete square so as to replace it in the exact
position to facilitate brick paver restoration.
The subcontractor is to follow the information depicted on the Drawings and industry standards to
restore the brick paver areas to their pre-construction condition and appearance. This includes
furnishing and installing the special subbase, drainage, and paver bedding sand layers to match the
adjacent existing layers and preserve the intended functions of each. Adequately compact the
layers to preclude future settlement in the restored area.
Provide additional brick pavers to match the existing if necessary to achieve proper restoration.
Take special precaution to install the brick pavers in a manner to match and smoothly blend in with
Special Provisions 13 of 26
the existing surface lines and grades of the adjacent remaining brick paver areas. Extra effort will
be needed to match restored brick pavers along the lip of the curb and gutter and also at the
concrete square around the manhole.
Steam Line – Restoration of the steam line crossing, including the special construction to maintain
proper insulation, is to be accomplished by employing the services of Bingham Mechanical, Inc. as
the subcontractor to do this work.
The University will mark the steam line location. Use extreme caution when removing surface
material and excavating in this area as the entire steam line installation is not very deep. Consult
with the subcontractor in completing the required excavation below the existing steam lines to do so
in a manner that will not adversely affect the existing utility.
The subcontractor will follow the information depicted on the Drawings and University protocols in
properly restoring the steam line crossing since they do the majority of steam line construction on
campus. The subcontractor is to restore the steam line crossing to the pre-construction condition
using appropriate materials and construction methods.
After the utility crossing is properly restored, confer with the subcontractor for placement and
compaction of additional material above the restored utility crossing to bring the trench excavation
to the required subgrade for restoration of the surface materials.
Landscape Areas – Restoration of landscaped areas consists of restoring removed topsoil (or
replacing, at the contractor’s option) to the top 12” of the trench backfill in a manner to match the
pre-construction lines and grades and also the adjacent remaining landscaping. The University will
restore any vegetation. Landscaped area restoration is considered incidental to trench excavation
and backfill and thus will not be paid for separately.
Measurement and Payment: A brief, nonexclusive outline of the principal work items intended to
be addressed by this specification is as follows:
4) 8” Concrete Slab Restoration: Payment for removal and restoration of the removed 8” concrete
slab next to the Manwaring Center will be made at the lump sum price stated in the Form of
Proposal. Payment is to include:
S saw cutting and removal of the existing concrete as required
S furnishing, placing, and compacting ¾” crushed gravel base
S furnishing and placing steel reinforcement and grid support
S doweling new rebar into adjacent concrete
S forming, furnishing, placing, jointing, finishing, and curing concrete for the slab to match
previous and adjacent lines and grades
S protection of concrete until properly and sufficiently set, and
S all other related and necessary work for a complete and workable removal and
restoration of the concrete slab next to the Manwaring Center
5) 6” Concrete Sidewalk Restoration: Payment for removal and restoration of 6” concrete sidewalk
will be made at the lump sum price stated in the Form of Proposal. Payment is to include:
S saw cutting and removal of the existing concrete as required
S furnishing, placing, and compacting ¾” crushed gravel base
S furnishing and placing steel reinforcement and grid support
S doweling new rebar into adjacent concrete
Special Provisions 14 of 26
S forming, furnishing, placing, jointing, finishing, and curing concrete for the sidewalk to
match previous and adjacent lines and grades
S protection of concrete until properly and sufficiently set to avoid potential damage, and
S all other related and necessary work for a complete and workable removal and
restoration of concrete sidewalks removed for, or damaged by, construction
6) Concrete Curb Restoration: Payment for removal and restoration of curb and gutter (Type A)
and parking lot curb (Type B) will be made at the lump sum price stated in the Form of
Proposal. Payment is to include:
S saw cutting and removal of the existing concrete as required
S furnishing, placing, and compacting ¾” crushed gravel base
S doweling new curb into adjacent curb
S forming, furnishing, placing, jointing, finishing, and curing concrete for the curbs to
match previous and adjacent lines and grades
S protection of concrete until properly and sufficiently set, and
S all other related work for a complete and workable removal and restoration of concrete
curbs impacted by new construction
7) Asphalt Pavement Restoration: Payment for removing and restoring asphalt parking lot and
street pavement removed for or disturbed by construction will be made at the lump sum price
stated in the Form of Proposal. Payment is to include:
S saw cutting and removal of the existing asphalt pavement as required
S furnishing and placing geotextile separator fabric on the prepared subgrade
S furnishing, placing, and compacting 15” of pit run gravel material
S furnishing, placing, and compacting 4" of ¾” crushed gravel material
S furnishing, placing, and compacting 3” of plant mix pavement, and
S all other related work for complete and workable removal and restoration of asphalt
surfaces
8) Brick Paver Removal and Replacement: Payment for removing and restoring the brick paver
pavement in the Smith Roundabout will be made at the lump sum price stated in the Form of
Proposal. Payment is to include:
S obtaining and providing the services of Seasons West, Inc. to do the restoration work
S removal, inventory, and temporary storage of existing brick pavers as required
S removal and restoration of the concrete square around the existing manhole
S restoration of the special sand layers beneath the brick pavers, including furnishing
proper materials and compaction
S restoration of the brick paver surfacing, matching odd edges, providing additional pavers
as may be required, and achieving a smooth, uniform finished surface to match in with
remaining adjacent brick paver areas, and
S all other work necessary for a complete and workable removal and replacement of brick
paver pavement in the Smith Roundabout area
9) Steam Line Crossing Restoration: Payment for restoration of the existing steam line crossing of
the replacement pipeline trench will be made at the lump sum price stated in the Form of
Proposal. Payment is to include:
S obtaining and providing the services of Bingham Mechanical, Inc. to do the restoration
work
S furnishing proper materials and reconstructing the steam line crossing to match the pre-
construction condition
Special Provisions 15 of 26
S furnish material and backfill and compact above the restored steam line crossing to
provide an appropriate subgrade for associated surface restoration, and
S all other work necessary for a complete and workable restoration of the existing steam
line crossing to pre-construction materials, condition, and performance
BYPASS PUMPING (Item 10)
General: It is necessary to manage and bypass wastewater flow from the Manwaring Center Food
Services operation around the work area during pipeline replacement and pipe bursting operations.
The wastewater flow is comprised of wash water from food preparation, and water from cleanup of
equipment, dishes, and floors. The flow does not contain any sanitary waste (no restroom flow) and
the discharge from the building goes into and through a grease trap structure prior to reaching the
beginning manhole of the sewer line replacement segment.
It is proposed to plug the incoming pipeline in the Manwaring Center manhole (coming from the
grease trap), and then use the downstream portion and access of the existing adjacent grease trap
as a temporary wet well for the bypass pumping operation. A submersible wastewater pump with
float control and remote power would be installed in the grease trap to handle the wastewater flow
during construction.
Anticipated flow is about 12,000 gallons per day during the 15 hours of normal operation of the
Food Services, with a peak instantaneous incoming flow rate of around 53 gallons per minute.
Presuming a 4” discharge for the pump, the probable pump discharge will be 80 gpm (to achieve 2
feet per second velocity) and the likely operational head will be around 22 feet for the uphill route or
7 feet for the downhill route.
Sheet 8 of the Drawings shows the two alternate routes that can be used to discharge the pump
wastewater to nearby access to the existing campus sewer system. Portions of the two pipeline
routes running to the east are to get out and around adjacent walls.
The south route is the uphill route discharging into a manhole in another portion of the collection
system. it will require the installation of a check valve near the pump to keep flow from running
back into the grease trap when the pump shuts off.
The north route is preferred and is the downhill route discharging in to a sewer cleanout on a sewer
service line coming out of the adjacent building. It will require installation of a vacuum breaker near
the pump to keep from siphoning water in the grease trap.
Work includes furnishing and installing the pump and controls, providing temporary power, setting
up the system to operate properly, installing the discharge piping and making appropriate
connection at the end, providing temporary ramps over the discharge piping in pedestrian and
vehicle delivery areas, and monitoring the system for proper operation.
Alternate methods of managing and accommodating the wastewater flow during construction will be
considered provided they will allow for safe and efficient management of the wastewater.
Materials: Furnish temporary wastewater pump and controls of sufficient capacity to handle the
wastewater flow, 4” discharge pipeline or hose, and steel or wood ramps over the discharge
pipeline where appropriate to accommodate pedestrian and delivery traffic. Use pneumatic sewer
plugs as required and appropriate for temporary plugging of sewer lines and isolation of the work
area.
Special Provisions 16 of 26
Workmanship: Manage the existing wastewater flows during replacement or pipe bursting of the
designated pipeline segments by conducting bypass pumping or providing other means of safe and
efficient management. Provide necessary labor and equipment in accordance with a coordinated
and approved plan to block the flow of wastewater into the construction area, collect the
wastewater, and convey it through a bypass pumping system to suitable nearby existing wastewater
collection facilities.
In all cases, public health and safety is paramount and precautions must be taken to avoid spillage
or release of the wastewater into the local environment (even though it does not contain septic
wastes).
Develop and submit a plan for wastewater bypass pumping to the Engineer sufficiently in advance
of conducting the work to provide time for review, coordination with affected University operations,
and approval. Include in the plan an emergency response plan to be followed in the event of a
failure of the bypass pumping system.
Furnish and install bypass pumping equipment to be complete and operational. Furnish and install
necessary float switches and pump control panel, high water alarm (with silencer), and adequate
temporary power supply to run the pump(s).
Take local conditions into account in laying out the bypass pumping system as will be necessary to
isolate and eliminate flow in the working area where pipeline replacement and pipe bursting is being
conducted. Such considerations include location of pumps and pipes, minimizing blocking of
entrances and sidewalks, and minimizing public access or exposure to the bypass system to the
extent possible.
Furnish, install, and operate pumps, plugs, conduits, and other equipment required to divert the flow
of wastewater around the pipeline reach that is being replaced and also where pipe bursting work is
being performed. Provide and operate a system capable of handling existing flow plus anticipated
peak flows that may occur. Provide pumping equipment capable of operating on a 24 hour basis,
although nighttime flows are expected to be minimal. Provide standby pump(s) and have them
readily available for emergency use.
Conduct pumping in such a manner as to not damage property or create a nuisance or health
menace. Enclose pumped wastewater in a hose or pipeline that terminates in the existing sanitary
sewer system without the need for wastewater to be exposed to the local environment. Do not
allow wastewater to free-flow in gutters, streets, or other surface areas; nor be allowed to flow into
storm drain inlets or pipelines.
Where the discharge pipeline crosses driveways needing to be accessible for delivery and sidewalk
areas open for pedestrian access, provide temporary steel or wood ramps over the pipeline to
provide protection to the pipeline and allow passage over it. Provide construction candles at and
along the ramps to provide warning to vehicles and pedestrians.
Temporary re-connection of the new pipeline in the replacement segment to the remaining existing
sewer piping at the end of each day’s work is permissible so that overnight operation of bypass
pumping will not be required. In such cases, assure the temporary connection is made in such a
fashion as to prohibit leakage, saturating of the trench bottom, and avoiding conditions where
blockage or backup of the sewer may occur.
Special Provisions 17 of 26
Be responsible to clean, repair, restore, or replace (as appropriate) at contractor’s expense, any
property damaged by failure of the bypass pumping operation. The Contractor’s liability insurance
is to cover the bypass pumping operation.
Coordinate closely with University personnel who will likewise coordinate with Food Services and
other affected operations to minimize wastewater flow during construction to the extent possible.
Provide a plan and schedule of operations and keep parties informed of any changes or
adjustments that may be required.
The line from the south coming into the manhole at the Smith Roundabout is to also be isolated
during construction but will not require bypass pumping. The head of the line is in a manhole in the
Kimball Building roundabout (a block south of the Smith Roundabout) and is elevated in that
manhole so as to function for emergency overflow only (and maintenance access). Place a
temporary pneumatic sewer plug at the beginning of this line for the duration of the time needed for
eliminating flow in the downstream segment during pipe bursting operations.
Also place a temporary pneumatic sewer plug at the downstream end of this line (incoming to the
Smith Roundabout manhole from the south) to protect against inadvertent inflow from this pipeline
getting into the pipe bursting area. The only facilities feeding wastewater flow to this line are the
two former dormitory buildings that have subsequently been converted into offices. The University
will turn off the water supply to the buildings and lock the bathrooms (occupants can temporarily
use other nearby buildings for wastewater needs) to eliminate wastewater flow into this pipeline
segment south of the Smith Roundabout as needed during construction.
At the completion of the bypass pumping operations, remove all installed facilities including
discharge pipelines and ramps, clean up the affected areas, and provide for washing or spraying
down hard surfaces as appropriate to proper cleanup.
Measurement and Payment: A brief, nonexclusive outline of the principal work items intended to
be addressed by this specification is as follows:
10) Bypass Pumping: Payment for bypass pumping of wastewater and isolating pipeline segments
to facilitate sewer line replacement and pipe bursting will be made at the lump sum price stated
in the Form of Proposal. Payment is to include:
S developing and submitting a plan for bypass pumping facilities and operation
S coordination with the University and Food Services for the schedule and potential
impacts of the operations
S furnishing and installing bypass pumping equipment including pump and controls,
standby pump, alarm, temporary power supply, discharge piping, and temporary
connection to the available discharge point in the existing sewer system
S constructing ramps over the bypass discharge pipeline where appropriate to provide
access for pedestrians in sidewalk areas and for delivery trucks in driveway areas where
deliveries must continue
S providing construction warning devices at discharge pipeline crossings
S furnishing and employing temporary sewer plugs as needed for pipeline isolation
S monitoring and maintenance of the bypass pumping system including providing for after-
hours and emergency response as needed
S cleanup of all facilities and areas upon completion of bypass pumping operations, and
S all other related and necessary work for a complete and workable wastewater bypass
pumping operation and work area isolation
Special Provisions 18 of 26
SPOT EXCAVATION AND REPAIR, AND MANHOLE REMOVAL (Items 11-12)
General: The existing segment of pipeline to be rehabilitated by pipe bursting has a large rock
wedged in the upper portion of the existing 8” concrete pipeline about 57 feet north of the Smith
Roundabout manhole. A picture of this rock in the pipeline has been uploaded to the design
documents file of e-Builder. It is anticipated this rock can be appropriately moved out of the way
during the pipe bursting process, but if not, a contingency work item has been included in the
contract for spot excavation, removal of the rock, and temporary repair of the pipeline prior to
conducting the pipe bursting operation.
Additionally, there is an apparently abandoned manhole in 3rd South approximately 17 feet south of
the nearby active manhole whose cover is visible in the street. The abandoned manhole is located
in the segment to be rehabilitated by pipe bursting. Internal TV inspection does not indicate any
pipeline connections or outlets to this manhole, and the top of the manhole appears to be buried
beneath the pavement as further suggestion of abandonment. Therefore a work item has been
included to remove this abandoned manhole in conjunction with the pipe bursting operation that will
go through it.
Work includes removing and restoring hard surfacing, excavation and backfill, removal of the rock
and restoration of the pipeline (Spot Excavation and Repair), and removal of the abandoned
manhole (Manhole Removal).
Materials: Use 8” SDR 35 pipe and pipe wrap or transition pipe couplings in the spot excavation
and repair area.
Furnish pit run gravel or other suitable material to back fill the void after the abandoned manhole is
removed.
Workmanship: the following are descriptions of the work items.
Spot Excavation and Repair – Coordinate with the pipe bursting subcontractor to determine if the
existing rock can be properly accommodated and moved out of the way as part of the pipe bursting
operation. If so, that is the preferred approach and the spot excavation and repair work will not be
necessary.
Should it be necessary to spot excavate and repair to remove the jammed rock, remove (and
restore) the concrete sidewalk above the repair location as described in the previous Surface and
Utility Restoration specification and perform excavation and backfill in accordance with the
Standard Specifications for structural excavation and compacting backfill.
Carefully cut and open the top of the pipeline at the obstruction location to determine exact position.
Then cut and remove a 3 ft. section of pipeline centered on the obstruction location. Install a 3 ft.
section of new pipe to replace the removed pipeline segment. Use pipe wrap or transition couplers
to secure the new pipeline to the adjacent existing. Substitute plastic zip ties in the place of any
metal pipe bands for securing the couplings in order to facilitate the subsequent pipe bursting that
will take place.
Very carefully backfill around the completed pipeline repair, assuring the repaired segment stays in
proper position. Then backfill and mechanically compact the excavated area in accordance with the
Standard Specifications.
Special Provisions 19 of 26
Manhole Removal – Locate the abandoned manhole, cut and remove the existing asphalt surface,
and excavate down to reveal the top of the manhole. Carefully open the manhole to be able to
inspect the interior to determine if there are active inlet and/or outlet pipes other than the north-
south clay tile piping running through the bottom of the manhole.
If active pipes are discovered, then provide for extending the manhole up and finishing at the street
surface so as to keep the manhole active and accessible. As appropriate, the Miscellaneous Work
item can be used to cover any additional costs. If the manhole is active, use it as the terminal
manhole for the north end of the pipe bursting segment.
If the manhole has in fact been abandoned other than the existing north-south trough running
through it, coordinate with the pipe bursting subcontractor on the manner and method of being able
to pipe burst through the manhole area to reach the nearby active manhole to the north. When and
as appropriate, excavate down around the manhole, remove the manhole barrel sections, break up
the floor to facilitate pipe bursting operations, and then remove the manhole floor. Dispose of
removed materials at an approved excess materials site.
Furnish pipe bedding as appropriate to support the new pipe bursting liner, carefully backfill and
compact around the pipe, and then furnish backfill material and mechanically compact the backfill of
the excavated area in accordance with the Standard Specifications. Restore the asphalt surface in
accordance with the Surface and Utility Restoration specification presented earlier.
Measurement and Payment: A brief, nonexclusive outline of the principal work items intended to
be addressed by this specification is as follows:
11) Spot Excavation and Repair: Payment for spot excavating, removing the rock obstruction in the
pipeline, and repairing the pipeline (if found to be necessary) will be made at the lump sum price
stated in the Form of Proposal. Payment is to include:
S sidewalk removal and restoration
S excavation down to the pipeline
S cutting existing pipe, removing the obstruction, and furnishing and installing replacement
pipe and couplers
S furnishing, installing, and compacting pipe bedding
S backfill and compaction of the excavation, and
S all other related and necessary work for a complete and workable spot excavation,
obstruction removal, and repair of the existing 8” concrete pipeline in the segment to be
pipe burst
Contractor is advised this is a contingency item which hopefully will not be needed if the rock
obstruction can be properly accommodated and moved out of the way by the pipe bursting
operation.
12) Manhole Removal: Payment for removing the existing abandoned manhole in 3rd South will be
made at the lump sum price stated in the Form of Proposal. Payment is to include:
S locating and exposing the abandoned manhole to inspect it
S coordinating manhole removal with the pipe bursting subcontractor
S excavation and removal of the existing manhole, including the concrete floor
S furnishing, installing, and compacting pipe bedding for the pipe bursting liner pipe
S furnishing and compacting backfill material to take the place of the removed manhole,
and
Special Provisions 20 of 26
S all other related and necessary work for a complete and workable removal of the
existing abandoned manhole in 3rd South
Contractor is advised that necessary asphalt removal and replacement is to be furnished under the
Asphalt Pavement Restoration contract item.
If the abandoned manhole is found to be active, the cost of raising it to the surface will be covered
under the Miscellaneous Work contract item, after appropriate credit for unused work items
presented in this specification.
8” SEWER PIPE BURSTING (Items 13-14)
General: It is required to rehabilitate the existing 8” concrete gravity sewer line segment running
north of the manhole in the Smith Roundabout to the manhole in 3rd South by conducting pipe
bursting. This work consists of providing specialized equipment and using trained personnel for
conducting operations to break up and expand the existing sewer line in-place and then pull an
HDPE pipeline liner in behind the bursting operation to serve as a replacement pipeline.
It will also be necessary to connect the new HDPE pipeline liner to the existing manholes at the
beginning and end of the pipeline segment in a manner to provide a flexible and watertight
connection.
Materials: Use ASTM 3035 high density polyethylene (HDPE) pipe, SDR 17, with fusion welded
joints. Provide hydraulic rod or cable-pulled bursting tool and associated equipment. Use
electrofusion couplings as required, Central Plastics, Phillips Driscopipe, Plexco, or approved equal.
Use compression fit sewer service line connection, InsertaTee, or approved equal for any service
connections to the new sewer line (not anticipated = contingency item).
Use flexible connection manhole adapters (waterstop) at the connection of the new pipeline to the
existing manholes; Rollee, Fernco, or approved equal. Use non-shrink polymer grout for manhole
wall repair at the pipeline connections; Sikaflex HHLV, Chem-Crete HPG551, or approved equal.
Use non-shrink polymer cement grout for rehabilitating disturbed manhole floors or shelves; Sikatop
122 Plus, Chem-Crete Chem220, or approved equal.
Workmanship: Prior to beginning the pipe bursting operation, hydraulically clean the interior of the
connection manholes and the pipeline segment to be rehabilitated by pipe bursting. Collect,
remove, and properly dispose of debris.
Use only qualified personnel experienced in operating the equipment provided by the pipe bursting
system manufacturer. Perform HDPE pipe jointing by personnel trained in the use of butt fusion
equipment and recommended methods for new pipe connections. In both cases, provide
certification from the pipe supplier or specialized equipment manufacturer demonstrating the
training and qualifications of personnel actually conducting the work.
Together with standard submittals including shop drawings, catalog data, and manufacturer’s
technical data concerning the pipe and fittings; also submit a plan of construction procedures
showing layout plans, method and sequence of construction, locations and sizes of access pits,
modifications required for manholes, and contingency plans for unforeseen circumstances such as
obstructions, changes in existing pipe material, or other similar circumstances.
Special Provisions 21 of 26
Transport, handle, and store new pipe and fittings as recommended by the manufacturer. Lay out
the HDPE liner pipe segment prior to beginning the pipe bursting operation in such a fashion that it
can be smoothly and easily fed into the burst pipeline without scraping, scarring, or cutting. Monitor
pipe feeding during the pipe bursting operation to prevent damage or undue stress on the HDPE
liner pipe. Use pulleys, rollers, bumpers, alignment control devices, and other equipment required
to protect the pipe from damage during installation and to protect existing manholes. Pipe
lubrication may be used as recommended by the manufacturer.
Use equipment specially designed for trimming, heating, and butt welding HDPE pipes together into
a continuous segment, and perform such work using technicians specifically trained and certified in
operation of the equipment and in accordance with manufacturer’s directions. Butt fused joints are
to have true alignment and uniform rollback beads resulting from the use of proper temperature and
pressure in making the weld.
Use hydraulic or pneumatic pipe bursting equipment designed and manufactured to force its way
through the existing concrete and clay tile pipe materials by fragmenting the pipe and compressing
the old pipe sections into the surrounding soil as the pipe bursting head progresses. Use a bursting
unit with sufficient force to burst and compact the existing pipeline to increase the external
dimensions sufficient to permit pulling the new HDPE liner pipe through the space created. Strictly
follow manufacturer’s recommendations for operating the pipe bursting equipment and conducting
pipe bursting operations.
Pull the pipe bursting tool through the sewer by a cable or hydraulically operated rods of sufficient
length and strength to allow a continuous operation between access points. Maintain constant
tension to assure the bursting unit follows the established line and grade. Utilize guide pulleys,
bracing, and appropriate safety equipment to facilitate safe and efficient operation of the tensioning
apparatus.
Pull HDPE liner pipe along with the bursting head as it moves forward from the insertion pit.
Conduct the pipe bursting operation in a continuous fashion so as to keep adjacent soil fluid and
thus minimize the opportunity for soil “seizing” that can occur if the pipe bursting operation is
unnecessarily halted.
For this project, it is preferred to have the access pits at the manholes if possible to avoid disruption
and damage to the landscape area near the middle of the segment that would otherwise result. If
an access pit between manholes is used as shown on the Drawings, butt fuse weld adjoining
segments together and assure pipe is properly bedded and compacted in the pipe zone in the area
of the connection.
Back fill and compact access pits to a minimum of 96% maximum density. The University will
provide compaction testing. Surface restoration will be in accordance with the Surface and Utility
Restoration specification presented earlier.
TV inspection of the existing sewer line did show one 6” service connection from the east which has
been abandoned and capped off now that the dormitories it served have been removed and a
parking lot constructed in their place. Therefore reconnecting service connections after the pipe
bursting operation is not anticipated although it is detailed on the Drawings as a contingency item.
Conduct a mandrel test of the installed HDPE pipeline or to verify no excessive deformation. Low
pressure air testing and internal TV inspection of the completed HDPE pipeline will not be required.
Special Provisions 22 of 26
8” Pipe Burst Manhole Connections: Carefully cut out the existing manhole walls and concrete floor
trough as required to accommodate proper connection and flowline transition of the new HDPE
pipeline line to the manholes after completion of the pipe bursting operation. Remove and properly
dispose of the debris at an approved excess materials site.
After installation of the new HDPE pipeline liner, follow manufacturer's directions for recommended
amount of time, but not less than four hours, for cooling and relaxation of the inserted HDPE
pipeline due to tensile stressing before manhole connection operations are initiated. Leave
sufficient excess length of new pipe, but not less than 4 inches, protruding into the manhole for
proper pipeline termination.
Seal the annular space between the newly installed HDPE pipeline and the manhole wall by
installing an approved waterstop device providing for a flexible watertight connection and then using
an approved polymer grout and installing it full depth into the manhole wall in such a manner as to
form a smooth, uniform, flexible, and watertight joint; as detailed on the Drawings. Likewise use the
specified polymer grout to restore and smooth up the interior concrete floor and flow trough of the
manhole for proper operation and transition.
Upon completion of the manhole connections, and if there is exposed unsupported pipeline exterior
to the manhole; carefully place sand, crusher rejects, or other approved material under and around
the pipeline and thoroughly compact the material to assure a stable connection to the manhole that
will not settle or deform when the area exterior to the manhole is subsequently backfilled and
compacted.
Measurement and Payment: A brief, nonexclusive outline of the principal work items intended to
be addressed by this specification is as follows:
13) 8” Pipe Burst Manhole Connections: Payment for connecting the new HDPE pipe liner installed
during the pipe bursting operations to the existing manholes at each end of the pipeline
segment will be made at the lump sum price stated in the Form of Proposal. Payment is to
include:
S enlarging the existing hole in the existing manhole as required by drilling or cutting
S cutting or modifying the existing manhole bottom shelf and flow trough to receive the
new pipe liner
S furnishing and installing a flexible, watertight connection as detailed on the Drawings,
including grouting the connection to the manhole wall, and grouting/smoothing the
manhole shelf and flow trough around the new pipe liner as required (2 each)
S furnishing and installing special backfill and compaction exterior to the manholes around
the new connected pipe liner, and
S all other related and necessary work for complete and workable connections of the new
HDPE pipe liner installed during pipe bursting operations to the existing manholes
14) 8” Pipe Bursting: Payment for pipe bursting the existing sewer pipeline between the Smith
Roundabout and 3rd South and installing a new HDPE pipeline liner will be made at the unit
price per lineal foot of pipe burst segment as stated in the Form of Proposal. Payment is to
include:
S obtaining and employing the services of a qualified pipe bursting subcontractor
S hydraulic cleaning of manholes and the pipe bursting pipeline segment, including
removal and proper disposal of collected debris
S furnishing proper equipment and trained personnel for HDPE pipeline fusion welding
and pipe bursting operations
Special Provisions 23 of 26
S developing and submitting a pipe bursting plan
S furnishing and welding the HDPE liner pipe
S excavation and backfill of access pits
S conducting pipe bursting and HDPE pipe liner installation operations (355 lineal feet),
and
S all other related and necessary work for a complete and workable pipe bursting and
HDPE pipeline lining of the pipe bursting segment
Hard surface removal restoration of areas associated with the pipe bursting operation will be
furnished under the Surface and Utility Restoration specification.
PEDESTRIAN AND TRAFFIC CONTROL (Item 15)
General: It is required to provide adequate pedestrian and traffic control to isolate the work areas
and provide for public safety. This includes closing access to the Smith Roundabout on its east and
south sides, closing the road and parking area between the Kimball Roundabout and the Smith
Roundabout (restricting it to delivery traffic only), closing disturbed sidewalk areas around the Smith
Roundabout, and setting up construction traffic control to isolate the work area in 3rd South and
safely accommodate adjacent traffic.
Work includes furnishing, erecting, and maintaining necessary traffic control devices and signage to
accomplish the specified pedestrian and traffic control; and removing them upon completion of the
work and approval for reopening.
Materials: Traffic control devices are to be furnished in accordance with the federal Manual on
Uniform Traffic Control Devices (MUTCD). Drums and candles used as traffic control devices are to
be constructed of plastic or other approved yielding materials, and have reflective bands.
Workmanship: Conform to the latest edition of the MUTCD for the design and use of all traffic
control devices. Submit a traffic control plan demonstrating the required closures described
hereafter and indicating the devices to be used. Furnish, install, and maintain the traffic control
devices associated with the approved traffic control plan throughout project duration.
Close off access to the Smith roundabout on the east side by installing traffic control barriers in the
roadways at the median crossover just east of the roundabout. Place a “Road Closed” sign on the
barrier to westbound traffic. Vehicle traffic can circulate either by U-turning through the median or
by using the parking lot area to the north, which connects to 3rd South.
At the Kimball Roundabout, provide for road closure to the north (and delivery only) by furnishing
and installing signage indicating “Road Closed – Delivery Traffic Only” or similar. It is intended to
prohibit through traffic but allow delivery vehicles needing to access Food Services and BYUI
Catering on the east side of the Manwaring Center to be able to enter and exit through this
approach for deliveries.
At the south entrance to the Smith Roundabout (last driveway access to the Manwaring Center),
install traffic control barriers across the roadway such that traffic cannot get through into the Smith
Roundabout and install a “Road Closed” sign on the barrier to northbound traffic. This will complete
closure of access to vehicle traffic and isolation of the Smith Roundabout to allow for the significant
disruption and construction to be conducted there.
Install traffic control devices as appropriate to protect the trench across the Manwaring Center
Special Provisions 24 of 26
parking and loading dock access area, and also as appropriate to guide delivery vehicles through
the area as needed.
Provide barricades on the sidewalks around the Smith Roundabout to close off and protect the
areas disturbed by sidewalk removal, excavation and construction. Furnish signs indicating
“Sidewalk Closed” to inform pedestrians of the need to find other access (such as using the
sidewalks on the north and east side of the Smith Roundabout).
If the spot excavation and repair contract item is used, close off and isolate the work area on the
associated sidewalk near the electric transformer. There are alternate routes for pedestrians to use
in this case.
Lastly, isolate the work area where connection to the manhole in 3rd South will be made during the
pipe bursting operation and removal of the nearby abandoned manhole. It is likely that this isolation
will encroach on the existing travel lanes around corner of the intersection of 3rd South to 1st East. If
so, furnish and install construction candles to define and delineate the traffic lanes around the
corner to provide adequate vehicle passage in both directions without inadvertent lane crossover.
Further, and if necessary due to potentially restricted sight distance, close off the pedestrian
crosswalk on 1st East between the south end of the Clarke parking lot and the corner by the Riviera
Apartments.
Measurement and Payment: A brief, nonexclusive outline of the principal work items intended to
be addressed by this specification is as follows:
15) Pedestrian and Traffic Control: Payment for providing, installing, and maintaining pedestrian
and traffic control to isolate the work area and protect the public will be made at the lump sum
price stated in the Form of Proposal. Payment is to include:
S developing and submitting a traffic control plan
S furnishing, installing, and maintaining the traffic control devices and signage described
in this specification to properly isolate and protect the work areas
S observing traffic control performance and making appropriate adjustments to traffic
control devices as needed during construction, and
S all other related and necessary work for complete and safely functional pedestrian and
traffic control
ROCK EXCAVATION (Item 16)
General: Lava rock is generally encountered within 3-5 feet below the ground surface at the
project site. While the existing pipeline to be removed and replaced between the Manwaring Center
and the Smith Roundabout was previously excavated into the lava rock, there may potentially be a
need to excavate and remove conflicting lava rock to accommodate the needed construction when
the new pipeline is lowered slightly.
Accordingly, a contingency amount of rock excavation has been included in the contract to provide
for rock excavation and removal should the need arise.
Work includes hammering conflicting rock to break it up and then removing the rock from the site to
allow the new replacement sewer line to be properly located and constructed. Work also includes
backfilling and compacting the remaining area of the rock excavation with bedding material to fill
remaining voids as needed.
Special Provisions 25 of 26
Materials: Type I bedding material from trench excavation or furnished at contractor’s option.
Workmanship: If lava rock is found to be in conflict with proposed construction of the replacement
sewer line, immediately contact the Engineer for consultation. The Engineer will determine if rock
excavation is required and will obtain specific approval of the Owner to authorize needed rock
excavation.
Follow the provisions of the Standard Specifications in providing for rock excavation. For this
project it is anticipated that conflicting rock will be loosened and broken by rock hammering and not
blasting.
Furnish equipment and labor necessary to break up and excavate the broken rock, and remove it
from the construction site. The University has an excess material site 1.5 miles distant from the
project location that can accept clean excavated rock and soil materials. Otherwise dispose of
excavated rock material at an approved excess material site.
After completion of rock excavation and removal; furnish, place, and compact pipe bedding material
on top of the surface of the remaining rock as required for pipeline installation at the required
elevation.
Measurement and Payment: A brief, nonexclusive outline of the principal work items intended to
be addressed by this specification is as follows:
16) Rock Excavation: Payment for required and authorized rock excavation will be made at the unit
price per cubic yard stated in the Form of Proposal. Payment is to include:
S notifying and coordinating with the Engineer when conflicting rock is encountered
S obtaining specific approval for rock excavation prior to beginning rock excavation work
S furnishing necessary equipment to break up, excavate, and remove conflicting rock
S rock excavation, removal, and disposal at an approved location (~10 CY)
S backfilling and compacting the rock excavation area with bedding material as needed to
achieve proper subgrade elevation for pipe installation, and
S all other related and necessary work for complete rock excavation and removal as
determined to be necessary.
Contractor is advised this is a contingency item that may not be used at all or may vary from the
estimated quantity given in the Form of Proposal.
MISCELLANEOUS WORK (Item 17)
General: Sewer line rehabilitation work can result in unforeseen conditions that may be
encountered, or the need to make modifications to the work at specific locations from what has
been represented on the Drawings. For example, unsuitable material may be encountered in
locations at the bottom of the pipeline trench excavation, which will require sub-excavating and
replacing. A contingency amount of miscellaneous work has been included in the contract to
provide greater flexibility in approaching such situations.
Materials: As required for the negotiated and approved miscellaneous work.
Workmanship: Coordinate with Engineer on miscellaneous work required to properly address
unforeseen conditions or situations encountered during construction that may represent a change of
Special Provisions 26 of 26
conditions, or that may be requested by the Owner. Provide justification and documentation to the
Owner for associated costs of the needed miscellaneous work.
Furnish all materials, equipment, and labor necessary to properly install or construct the approved
miscellaneous work. Perform work in accordance with the Standard Specifications, the Special
Provisions (as applicable), and/or industry-standards as directed by the Owner or Engineer.
Measurement and Payment: As noted in the Form of Proposal, the unit price for Miscellaneous
Work is fixed and the final pay quantity will be computed and adjusted as required to pay the
negotiated and approved total amount for approved miscellaneous work.
17) Miscellaneous Work: Payment for miscellaneous work required on the project as directed and
approved by the Owner to be performed will be made at the unit price of $1.00 as stated in the
Form of Proposal. Pay units will be computed to cover authorized and negotiated costs for
miscellaneous work required. Payment is to include:
S coordinating with the Owner or Engineer on required extra work
S justifying and documenting costs to Owner for approval and authorization prior to actual
construction of any miscellaneous work
S furnishing materials, labor, and equipment required to conduct the approved
miscellaneous work, and
S all other related work for complete and workable miscellaneous work necessary to
complete the contract that is requested and approved by the Owner for incorporation
into the final product.
Contractor is advised this is a contingency item that may not be used at all or may vary substantially
from the estimated quantity given in the Form of Proposal.
-- End of Special Provisions --