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133-94 RESOLUTION
• • RESOLUTION NO. 133 — 94 A RESOI,L'1'ION AWARDING BID NO. 94-87 AND AUTHORIZING 1'HE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT IN THE AMOUNT OF $20,180.00, PLIJS A CONTINGENCY OF $2,500.00 TO SWEL'TSER CONSTRUCTION FOR DRAINAGE STRUCTURE IMPROVEMENTS AT EAST LAKESIDE DRIVE, AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT OF $22,680.00. • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: ,Section I. That the Council hereby awards Bid No. 94-87 and authorizing the mayor and city Berk to execute a contract in the amount of $20,180.00, plus a contingency of S2,500.00 to Sweetser Construction for drainage structure improvements at East Lakeside Drive. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Council hereby approves a budget adjustment in the amount of $22,680.00 by decreasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 90005 to increase Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 94077. A copy of the budget adjustment is attached hereto and made a part hereof PASSED AND APPROVED this 7th day of December , 1994. AflEST; /kpp__ at . id] By: Traci Paul, City Clerk APPROVED: By: i• Fred Hanna. Mayor City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1994 Department: Sales Tax Construction Division: Program: Date Requested December 6. 1994 Adjustment k Project or Item Requested: Fundmg is requested for drainage improvements :o Last Lakeside Drive. Projec or ltem Deleted: None Justification for the Increase: The project was added by the City Council Street Committee during a February :994 meeting. The project replace a faded retaining wall and provide for erosion control and drainage improvements along East Lakeside Drve. Justification of this Decrease: Savmgs from the Mill Street Extension Project will be utilized. Increase Account Name Amount Street Improvements Account Name Street Improvements Account Number Project Number 22.680 4473 9470 Amount 5809 00 Decrease Account Number 22.680 4470 9470 5809 00 9407/ Project Number 90005 Approval Signatures /7 — y¢ I i --(e0 ��- ` iJ4 IFg-- I Admi.-i. 55 ccees DS cglor Mayo Budget Office Use Only Type: A BCD Date of Approval Posted to General Ledger Entered in Category Log Budget Office Copy STAFF REVIEW FORM _ AGENDA REQUEST x CONTRACT REVIEW (Change order) GRANT REVIEW For the Fayetteville City Council meeting of N/A - Mayor's approval FRflM • Jim Beavers Engineering Name Division ACTION REQUIRED: Mayor's approval and execution of the attached supplemental agreement no. 1 with Sweeter Construction. Public Works Department mow Tn OTTY• $1,435.00 Cost of this Request 4470-9470-5809 Account Number 94077-0020 S22,680.00 Drainage Imps. Category/Project Budget Category/Project Name $20.180.00 Funds Used To Date Program Name $2.500.00 Sales Tax Consrt. Project Number Remaining Balance *Fund BUDGET REVIEW: \ c& Budge.. Coordinator x Budgeted Item Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: • ;.i (.4/2)Lcount �f�' M GRANTING AGENCY: 4lC1rfL :�i_ Ac g afiager H Date Ci_itlyy, Attorney Purchasing Officer ADA Coordinator • • • I 1 r T 1 ,, I.l Date Intgrnal Auditor Date C/ Date / Date STAFF RECOMMENDATION: Mayor.proval and e Di4i ion. Head t Cep ment Director Administrative ecution of the change order and budget adjustment. rvices Director Mayor Date JY, Rl� Date 44 /w Date Date Cross Reference New Item: Yes Prev Ord/Res $: X33- 94 IS Dec.9`i' Orig Contract Date: FAYETTEVIIILE THE CIE' OF EAYErEVILLE ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Kevin Crosson, Public Works Directo Charles Venable, Asst. PW Dirtgctor Don Bunn, City Engineer From: Jim Beavers, Engineering6 Date: 30 March 95 Re: Proposed change order to the construction contract for the East Lakeside Drainage Improvements. • 1. Project. The drainage and retaining wall project on East Lakeside drive was awarded to Sweetser Construction in the estimated amount of $20,180.00 at the December 6th Council Meeting. The Notice to Proceed was delayed for the holidays and winter weather until 13 Feb 95. The contractor is progressing and should complete the project by mid-April. 2. Change order request. The proposed change order contains two additional items of work: (1) The existing 48 inch drainage pipe under East Lakeside Drive is in need of spot repairs. Currently, the pipe leaks excessively and drainage flows under the pipe. The proposed additional work is to grout the repair areas inside the pipe. The additional cost is $750.00. (2) The drainage structure under construction has 8 feet of handrail. Looking at the final structure height, I believe it is necessary to add an additional 4 feet of handrail on each side (a total of 8 additional feet). The additional cost of the shop fabricated 8 feet of handrail is $685.00. The total increase in price is $1,435.00. The contract price is thus revised from $20,180.00 to $21,615.00. 3. Budget: The East Lakeside Drainage project has a Council approved contingency of $2,500.00, for a total Council approved budget of $22,680.00. 4. Action requested. Mayor's approval and execution of the attached change order (supplemental agreement) no. 1. Enc 1. Three signed original change orders. M ii ld i'+— Y ▪ W 1 1, 1 I I ,i . JEPR17 17 SWEE7'SER,'FNC. -.11.11. co>i RA in QHsl • L[••l:Yssn • INSmom • P _ 11 1 • 3'M 0.1_,: a 11 11I. PAS l:I'I'I•PI7 lit .\'. 7270a. • . ' • , .. 1'!'I .''1 I,er• 1:.} .1 1.13241011 1 : 1 5' 1 March 19, 1995 t '' Jim Beavers, F.E. . 4-4 DD City of Fayetteville] ; 113 W. Mountain Fayetteville, AR 72_7{1 RE: 3ianse.order prt es for 9reina;p at 818 Rept Laces/di) Driver 7 1. Jia, it i9 cur'o:inicn that the pipe .an b1'. repaired by removing scaled areas ani eroatin6. The pipe will always he*e the patt_led look {inside), but this shhcr.ld kuelp prevent ator watem frcm under- rlinin8 the pipe a<:y fur,liyl. lie believe this can be accomplished in 2.5 deys with' o:xq man. i Labor + material + overhead. + profit ; $750.00 • 2. chid two t' extensicis to Ire.I.irail. (shed') f&tticated) to Hatch propcsed, slope: 'pentad. to meet epees. Labor + material e o;e boai + pl.ofi: - $685.00 t I 4 . t• William G. Sweetscr . • J e 1 • • Mlah— x3- 1'3°3'i 1'• ; : P. fll Modification of Construction Contract page 1 of 1 Project: East Lakeside Drive Drainage Improvements Project no. 94077-0020 Supplemental Agreement No. 1 Contractor: Jerry D. Sweetser, Inc. 590 West Poplar Fayetteville, Arkansas 72703 Description of Modification/Scope of Work Add to the existing construction contract, dated 15 December 1994, all work necessary for the following additional work: (1) Repair the interior of the existing 48 inch drainage pipe under East Lakeside Drive. Additional cost = $750.00. Additional time = 2.5 days. (2) Add two - four feet sections of shop fabricated handrail. Additional cost = $685.00. Additional time = zero. Total increase in price = $1,435.00. Total increase in time = 2.5 days. Previous contract amount = $20,180.00. Revised contract amount = $21,615.00. Except as specifically provided above, all terms and conditions of the contract dated 15 December 1994 shall remain in full force and effect. Name and title of sinners: Jerry D. r eetser, Inc. �[ Fre Hanna Mayor, City of Fayetteville date signed date signed • Modification of Construction Contract page 1 of 1 Project: East Lakeside Drive Drainage Improvements Project no. 94077-0020 Supplemental Agreement No. Contractor: 2 Sweetser Construction 590 West Poplar Fayetteville, Arkansas 72703 Description of Modification/Scope of Work Contract amendment to reconcile the unit the final pay estimate. quantity increases for Add to the existing construction contract, dated 15 December 1994, changes in the final units at the existing contract prices for all work necessary for the following additional work: Item 8. 9. Fence Hillside 10. Topsoil 11. Sod 14. Riprap change in unit - 40 if - 1.34 cy + 80 cy + 200 sy + 46.44 sy Original contract price Change order no. 1 unit price 7.00 15.00 10.00 3.50 28.00 $20,180.00. change in price -280.00 -20.10 800.00 700.00 1,300.32 total $2,500.22 $1,435.00 (handrail "B" and RCP interior repair) (reconcile quantities) Change order no. 2 $2,500.22 Final contract price $24,115.22 Except as specifically provided above, all terms and conditions of the contract dated 15 December 1994 shall remain in full force and effect. Name and title of signers: Don Bunn, P.E. City Engineer, City of Fayetteville date signed 9S r date signed 6///y/i • • TO. JOB NUMBER: • • CITY OF FAYETTEVILLE 113 W MOUNTAIN FAYETTEVILLE AR 72701 5155 :TEM COST NUMBER CODE DESCRIPT:ON C1 02020 CLEARING & GRUBBING 02 C2060 GRADING & EXCAVATION 03 02010 R/D CONCRETE WALLS 04 05170 48" RCP WITH CONNECTIONS 04 05170 48" RCP REPAIR TO OUTSIDE 05 06070 DRAINAGE OUTLET STR.,CTURE 06 06810 ALUMINUM GRATING 07 06832 HANDRAIL "8" 07 C6832 HANDRAIL "B" ADDITIONAL 08 02822 48" CHAIN LINK FENCE 09 02050 HILLSIDE 10 02048 TOPSOIL 11 02088 SOLID SOD 12 02210 JERRY D. SWEETSER, INC. GENERAL CONTRACTORS - LICENSED - INSURED 590 WEST POPLAR - FAYETTEVILLE, ARKANSAS, 72703 UOM EA EA EA EA EA EA EA EA EA LF CY CY SY WASHED GRAVEL IN PLACE AROUND EA STRUCTURE 13 02210 CRUSHED STONE BASE UNDER STRUC EA TURE 14 0207' RIP RAP WITH FILTER CLOTH 15 02213 TRENCH & EXCAVATION SAFETY TOTALS RETAINAGE BOND PREMIUM PREVIOUS PAYMENTS-> AMOUNT DUE PAGE: 1 OA'E: 05/16/95 ES':MATE PERIOD: 04/01/95 TMRU 04/30/95 PROJECT: CITY OF FAY - EAST LAKESIDE DR C3N'RACT UNIT QuANTITY PRICE 1.00 950.30 1.00 1,200.00 1.30 900.00 '.00 300.00 1.00 750.00 1.00 7,200.00 1.00 2,850.00 1.00 1.00 4C.00 44.00 80.03 250.00 1.30 625.00 685.00 7.00 15.00 10.00 3.50 500.00 1.00 400.00 SY 80.00 28.00 EA 1.00 400.00 SWEETS 'CONSTRUCTION CITY OF FAYETTEVILLE THIS ESTIMATE ---- -----TO DATE ESTIMATE ---- QUANTITY VALUE QUANTITY VALUE 1.00 450.00 15 1995 mai l6+ 1c c 4 750.00 1,575.00 2,325.00 ',00 950.00 1.00 1,200.CC 1.30 90C.00 1.00 3C0.00 1.00 750.00 1.00 7,200.00 1.00 2,850.00 1.00 625.00 1.00 685.00 42.66 160.30 450.00 1.00 639.90 1,600.00 1,575.00 500.00 1.00 400.00 126.44 1.00 3,540.32 400.00 24,115.22 24115.22 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXHIBIT A DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS DRAINAGE IMPROVEMENTS EAST LAKESIDE DRIVE BID NO. 94-87 CITY OF FAYETTEVILLE, ARKANSAS OCTOBER 1994 CITY ENGINEERING DIVISION 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS DRAINAGE IMPROVEMENTS EAST LAKESIDE DRIVE BID NO. 94-87 CITY OF FAYETTEVILLE, ARKANSAS OCTOBER 1994 CITY ENGINEERING DIVISION 1 1 1 1 1 1 �1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS Item pages Informational site photographs 1-2 Advertisement for bids Instructions to bidders State Wage Determination Bid Proposal Contract Agreement Performance Bond Payment Bond General Conditions Supplement to the General Conditions 1 1-8 N/A l-5 1-3 1-2 1-2 1-42 1-8 Detailed Technical Specifications Section 100 General Project requirements :-9 Secticr. 110 Measurement and Payment 1-2 Section 20: Site preparation 1-4 Section 202 Clearing and Grubbing 1-3 Section 203 Excavation and Embankment 1-7 Section 210 Subgrade preparation 1 Section 290 Site Restoration 1-4 Section 305 Crushed Stone Base Course 1-2 Section. 40: concrete 1-13 Section 701 Excavation, Trenching and Backfilling 1-5 Section 904 R_prap 1-3 Section 906 Handrail --d Section 1000 Aluminum Grating 1 Appendix A - OSHA Safety requirements for excavation 218-256 DRAINAGE IMPROVEMENTS EAST LAKESIDE DRIVE Photographs shown are for general information SHALL NOT rely on these photographs for any reasons Contractor shall make all necessary site visits and and required by the Contract Documents. BID NO. 94-87 only. The Contractor whatsoever. The investigations as needed page 1 cf 2 DRAINAGE IMPROVEMENTS EAST LAKESIDE DRIVE Photographs shown are for general information SHALL NOT rely on these photographs for any reasons Contractor shall make all necessary site visits and and required by the Contract Documents. BID NO. 94-87 only. The Contractor whatsoever. The investigations as needed Ora • 1i ,-4 al s •.$ in 1 •ci•• , L - 1. di's'i • •�•�a,`•' +1 ■ .• •;•►• i, 14 .. • .. • ti:0.11 •• - is T l w A• • r 4 ice' A . A .. . .• sE' 1aMIT• C vAe V Aft. iir 414 • • ap A page 2 o f 2 ADVERTISEMENT FOR BIDS Drainage improvements East Lakeside Drive Bid Number 94-87 City of Fayetteville, Arkansas Sealed bids for the construction of drainage improvements located between 818 and 734 East Lakeside Drive will be received by the City of Fayetteville, Arkansas, at the Purchasing Office, Room 306, City Administration. Building, 113 West Mountain Street, Fayetteville, Arkansas, 72701, until 11:30 a.m. local time on Monday, November :4. 1994, and then at said office publicly opened and read aloud. The proposed Work generally consists of removing a section of failed concrete retaining wall, construction of a concrete drainage structure (8 ft by 20 ft),rip-rap, soil fill and sod. The Contract Documents, consisting of the Advertisement fcr Bids, Instruction. tc Bidders, Bid Proposal, Contract, General Conditions, Supplementary Conditions, Payment Bond, Performance Bond, Drawings, Specifications, and Addenda, may be examined and obtained at the City of Fayetteville Engineering Office, Room 004, City Administration. Building, 113 West Mountain, Fayetteville, AR. Each contractor shall be responsible fcr the investigation, inspection, and studies of the project site as deemed necessary to familiarize themselves with all conditions encountered. Each contractor shall be responsible to read and comply with the Instructions tc Bidders as contained in the Contract Documents. Each bid must be accompanied by a cashier's check or surety bond in an amount of five percent (5%) of the total whole Did. Said bond shall be issued by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power-of-attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds in accordance with the Contract General and Supplemental Conditions, the Owner shall retain said check cr bcnd as liquidated damages. Bids shall be made on the official bid sheets contained in the specifications, and such bid sheets shall not be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelope addressed to the City of Fayetteville, Purchasing Office, Room 3C6, 113 West Mountain. Street, Fayetteville, Arkansas 72701, and clearly marked on the lower :eft side of the bid envelope shall be the following information: The Bid number, The project name/title, the date cf the bid opening, the time of the bid opening and the bidding contractor's name and license number. All bidders shall be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. No bidder may withdraw his bid within sixty (60) days after the actual date of the bid opening. The City of Fayetteville reserves the right to reject any and all bids, and to waive any formalities as deemed tc be in the best interest of the City of Fayetteville. INSTRUCTIONS FOR BIDDERS: 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard Genera: Conditions of the Construction contract shall have the meanings assigned to them in the General and Supplementary Conditions. The term "Bidder" means one who submits a Bid directly to the Owner, as distinct from a sub -bidder who submits a bid to a Bidder. The term "Successful Bidder" shall mean the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or invitation to Bid, Instructions to Bidders, the Bid Proposal Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to the receipt of Bids). 2. Copies cf the Biddino Documents. Complete sets of the Bidding Documents in the number and amount, in any, stated in the Advertisement to Invitation tc Bid may be cbtained from the Engineer upon request. Complete sets of Bidding Documents must be used in preparing Bids; neither the Owner nor Engineer assumes any responsibility for error or misunderstandings resulting fror the use of incomplete sets of Bidding Documents. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any ether use. 3. Oualifications of Bidders. When included with, and made a part of the Bid Proposal, the Bidder must submit a completed "Statement of Bidder's Qualifications" as part of the Bid Proposal. The "Statement of Bidder's Qualifications" is required to demonstrate qualifications to perform the Work and will be used in evaluating all bids as a basis for award. 4. Examination of Contract Documents and Site. 4.1. It is the responsibility of eacn Bidder before submitting a Bid, to : (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local and specific conditions which may affect cost, progress, safety, performance or furnishing of the Work, (c) consider all Local, State and Federal Regulations and Laws which tray affect cost, progress, safety, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents and (e) notify Engineer of any and all conflicts, errors or discrepancies in the Contract Documents. 4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by owners of such Underground Facilities or ethers, and Owner nor Engineer does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders cn subsurface conditions, Underground Facilities and other physical conditions, and possible changes in. the Contract 1 Documents due to differing site conditions appear in Article 4 of the General Conditons and any associated Supplementary Conditions. 4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional information, examinations, explorations, tests and studies which pertain to the physical conditions of the surface and subsurface at, or contiguous to the site or other wise which may affect cost, progress, safety, performance or furnishing of the Work and which the Bidder deems necessary to determine the Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditionsof the Contract Documents. 4.5 Upon request in advance, the Ownerwill provide each Bidder access to the site to conduct ant observations, explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall be required to fill in all holes and to restore all property to its former condition. 4.6 The lands upon the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained in advance by the Owner unless specifically noted otherwise in the Contract Documents. 4.7 The Bidder must satisfy themselves of the accuracy to the estimated quantities in the Bid schedule by examination of the site and a review of the drawings and specifications including any Addenda. After bids have been submitted, the Bidder shall not assert that there was any misunderstanding concerning the quantities of Work or the nature of Work to be performed. 4.8 The submission of a Bid will constitute an irrevocable representation by Bidder that Bidder has complied with every provision and requirement of this paragraph 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work. 5. Interpretations and Addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions, and/or any information deemed necessary by the Owner or Engineer, will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Only questions answered and/or other information furnished by formal written Addenda will be binding. The Point of Contact for this project is Jim Beavers, P.E., 575-8206. 6. Bid security. Each Bid must be accompanied by Bid security made payable to the Owner in an amount od five percent (5%) of the Bidder's total maximum bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed and included) issued by a surety meeting the requirements of the General and Supplementary Conditions. 2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom the Owner believes to have a reasonable chance of receiving award may be retained by Owner until the earlier of the seventh day after the Effective Date of Agreement or the 61st day after the Bid opening, whereupon. the Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within 10 days of Bid opening. 7. Contract Time. The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (The Contract Time) are as set forth in the Bid Proposal and Technical Specification :00 - General Protect Requirements. 8. Liquidated Damaoes. Provisions for liquidated damages, if any, are set forth in the Bid Proposal. 9. Substitute or "Or -equal" items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" iters. Substitute or "or - equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished cr used by the Contractor if acceptable to the Engineer. Application for acceptance for possible substitute or "cr-equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure fcr submission of any such application is set forth an Article 6.7 of the General Conditions and any associated Supplementary Conditions. 10. Subcontractors, suppliers and ctners. The Contractor shall not assign or sublet all or any pat of this Contract without the prior written approval of the owner and Engineer. Nor shall the Contractor allow any subcontractor to commence work until he has provided and obtained approval of such compensation and public liability insurance as required by the Contract Documents. The approval of each subcontract by the Owner will in no manner release the Contractor from any of hie obligations as set forth in the Contract Documents including the Plans, Specifications, Contract and Bond(s). 11. Bid Proposal Form. 11.1 All bids must be made on the required Bid Proposal form contained in the Bidding Documents. Additional copies may be requested from the Engineer. 11.2 All blank spaces for Bid prices must be filled in, in ink or type written, and the Bid form must be fully completed and executed when submitted. Only one (1) copy of the Bid form is required. 3 11:3 Bide by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must also be shown below the signature. 11.5 All names must be typed or clearly printed in ink below the signature. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid form). 11.7. The address and telephone number for communications must be shown. regarding the Bid 12. Submission of Bids. Bids shall be subr..itted at the time and place indicated int eh Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked in the lower left portion with the Project Title, Bid Number, Date of the bid opening, time of the bid opening, bidding contractor's name and license number. The Bid shall be accompanied with the Bid Security and other required forms and documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate sealed envelope wit the notation "Bid Enclosed" on the face of the outer envelope. THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS. 13. Modification and Withdrawal of Bids. Bids may be withdrawn or modified by an appropriate duly executed document (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any prior to the opening of Bids. • If, within 24 hours after the opening of Bids, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the satisfaction of Owner that there is a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder shall be disqualified from further Bidding on the Work provided under the Contract Documents. 14. Opening of Bids. Bids will be opened and publicly read aloud at the time and location as specified in the advertisement of invitation for bids. A tabulation of the amounts of the Bids will be made available to the Bidders after preparation by the Engineer. 15. Bids to remain subject to acceptance. 4 All Bids shall remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, at its sole discretion, release any Bid and return the Bid security prior to that date. Additionally, if deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 16. Award of Contract. 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities nct involving price, time or changes to the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids. The Owner further reserves the right to reject the Bid of any Bidder if the Owner believes that if would nct be in the best interest cf the Project or Owner to make award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability, or of doubtful past performance, or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in the favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating the Bids, Cwrer will consider the qualifications of Bidders, whether or not Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Proposal Form or prior to Notice of Award. 16.3 Owner may consider the qualifications nd experience of the subcontractors, suppliers and other persons and organizations proposed for those portions of the Work as tc which the identity of subcontractors, suppliers and other persons and organizations must be submitted as provided for in the Contract Documents. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of material and equipment proposed for incorporation in the Work when such data is required to be submitted prier to the Nctice cf Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability if Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the contract Cocuments to Owners satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible, qualified Bidder whose evaluation by Engineer indicates to Owner that the award will be in the best interests of the Project and Owner. 16.6 If the contract is tc be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the date of the Bid opening. If deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 6C days, with no changes in the Bid Proposal or Contract Documents. 5 17. Contract Security. I Article 5 of the General Conditons, and the associated Supplementary Conditions set forth the Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 18. Signing of Agreement. When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other Contract Documents attached. Within 15 days thereafter, Contractor shall sign, execute and deliver the required number of counterparts of the Agreement and attached documents to the Owner with the required Bonds. Within ten (10) days thereafter Owner shall deliver one fully signed and executed to COuntrator. 19. Compliance with State Licensing Law. Contractors must be licensed in accordance with the requirements of ACT 150, Arkansas Acts of.1965, the "Arkansas State Licensing Law for Contractors." Bidder who submit Bids in excess of $20,000.00 must submit evidence of their having a contractor's license before their Bids will be considered, and shall note their license number on the outside of their Bid. 20. Labor Laws. The Contractor shall abide by all Federal, State and Local Laws and Regulations governing labor. The Contractor shall further agree to hold and save the Owner harmless from the payment of any contribution under the state Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21. Wages and Labor. Minimum wage rates shall be equal to the basic rates as established.by common usage in the city and adjacent community for the various types of labor and skills performed. In cases where wage rate determinations are specified in the Contract Documents,, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, the Contractor shall make use of local common and/or skilled labor as is practical. The Contractor az.d each subcontractor, where the amount exceeds $75,000.00 shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Arkansas Stat. 14-630). The provisions are summarized below. The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or , type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor, 2) post the scale of wages in a prominent and easily accessible place at the site of the Work, 3) keep an accurate record showing the names and occupation and I I hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which records shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. The Owner shall have the right to withhold from amounts due the contractor so much cf accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or subcontractor has been, or is being paid a rate of wages less that the rate of wages required by this contract, the Owner may by written notice to the Contractor, terminate the Conrractor's right to proceed with the Work or such part of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any costs occasioned thereby. 22. Compliance with Act 125, Arkansas Acts of 965. The attention of Bidders is of 1965. This act provides equipment brought into the collecting such taxes. All be complied with under this called to the provisions of Act 125, Arkansas Acts for the payment of certain taxes on materials and State. It further provides for methods of provisions of Act 125, Arkansas Acts of 1965 shall Contract. 23. Withholding State Income Taxes. The Contractor shall deduct and witnhold Arkansas income taxes, as required by Arkansas law, from wages paid employees, whether such employees are residents or nonresidents of Arkansas. 24. Compliance with Rules and Regulations for the Enforcement and Administration of Act 162, Arkansas Acts of 1987. The attention of all nonresident Bidders .s called to the provisions of Act 162, Arkansas Acts of 1987. This act provides for nonresident Contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Dept. of Finance and Administration, P.0.Rnx 1272, Little Rock, Arkansas 72233 prior to commencing work or undertaking to perform any duties under contract within the State of Arkansas. 25. Subcontractors Bonds - Act 190, Arkansas Acts of :993. The attention of Bidders is called to t' -.e provisions of Act 190, Arkansas Acts of 1993. In genera., this act provides for the subcontractors to provide to the Genera: Contractor performance and payment bonds, with certain regulations on form and time, when the subcontractor's bid is in excess of $50,C00.00. 26. Excavation Safety. The attention all Bidders is called to the requirements of Act 291, Arkansas Acts of 1993 - Excavation and Trench Safety. The current edition of Occupational Safe'/ and Health Administration Standard for Excavation and Trench Safety Systems, 29 CFR 1926, Subpart P. is specifically incorporated h and made a part of these specifications and contract documents as required by Arkansas Act 291 of the 79th General Assembly of 1993. The Contractor shall be solely responsible for the implementation of these requirements. A copy of the OSHA regulations is included in this set of specifications as Appendix A. 7 J BID PROPOSAL Place Fayetteville. Arkansas ' Date i_; i }+, Proposal of __,E;i 1_j.` jsQ(,ixic a corporation crganizediand existing under' laws of the State of r1C vr\'-Ct S - a partnership consisting of an individual trading as To: City of Fayetteville ' City Adnin4straticn Building 113 West vounta_n Fayetteville, AR 72701 ' The undersigned hereby proposes to perform all work and furnish all materials required to be furnished for the construction of the Drainage improvements on East Lakeside Drive in accordance '• with the following bid schedule, plan drawings 94077.CC1,2,3 and the picject specifications, for the basic Lump soli of �'� '3ai.7 y".i; _ k x ± f �4 _- - It is understood that the lump sum proposals, in additicn to all ' other work includes al. variable quantities listed in the proposal in the atounts so .-fisted. The variable quantities given in the proposal are for the purpose of comparing bids only, ' and the basic lump sum proposal w:ll be adjusted in the final settlement for variation in the quantities at the following unit prices: I ' Item. no. IT L L Bid Schedule Unit Prices fcr Variable Quantities Quantity and un1t Description LS Clearing and grubbing r Dollars - per lu-.p sum Unit Amount price of bid 2 1] El 5 3 7 LS All grading and excavation. AOO - Dollars - per lump sum LS 1 ea. LS LS ION Remove and dispose of existing concrete wa is as shown 1�ir12 v (Q $ Dollars - per lump sum Four (4) ft. of 48 inch diameter reinforced concrete pipe (RCP) type III extension including connection and repair to the existing 48 inch concrete pipe. �{lrsze hur� Ir�cl S 3C)QS� 53� Dollars - per each. Construct cast -in -place drainage outlet structure, including all concrete work, reinforcing, weep holes. SsZJen �'�W� ku i J S /�7 o2dS?a Dollars - per lump sum Furnish and install aluminum grating Dollars - per lump sum , Furnish and install handrail "B" uoilars - per lump sum F Owl 8. 40 if Furnish and install standard 48 inch tall galvanized chain link fence, including all footings and accessories. Locations to be field determined. C V 2fi "j ,?o u, Dollars - per linear foot 9. 44 cy "Hillside" fill compacted in place. Dollars - per cubic yard 10. 80 cy To,so !'ill in place. o� Dollars - per cubic yard 11. 250 sy Solid sod i.n place. Dollars - per square yard 12. is Washed travel in place around structure. -1 _S� Dollars - per uwc sum 13. 1.; ?urnis'� ar.d install crushed stone case "SB-2" under structure. Dollars - per lump sua. 14. sy Furnish and install 18 inch thickness of type I rip rap complete with filter cloth Dollars - per square yard 22*) 3 L L 15. is Trench..and excavation safety per ACT 291 1 Dollars - per lump sum Total basic contract price Zo 18O 773 1 Bidders must bid the schedule in its entirety including all items, The City of Fayetteville reserves to right to reject any and all bids and waive any formalities as deemed in the best interest of the City of Fayetteville. The undersigned hereby declares: That he has examined the Plans and the Specifications with the related documents and the site of the proposed work and being familiar with all conditions surrounding' construction of the proposed project, including availability of material and labor, hereby proposes to furnish all equipment, labor,material,plant and supplies, within the time set forth herein and at the prices stated above. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is apart. The undersigned further agrees, if awarded the contract, the Contractor shall begin work within ten (10) calendar days from a Notice to Proceed and will fully complete all work within fort - five (45) consecutive calendar days a er e date of the Notice rocee Should the contractor fail to complete the work within the stated time, he shall pay the Owner as fixed, agreed, and 1i uidated damages $100.00 per day for each consecutive calendar day o -de-Tdy un i e work is -completed or accepted. The undersigned submits the following subcontractors for use if the contract is awarded., The owner shall have the authority to reject the use of any subcontractor. Subcontractors Name Address Contractor's license no. I I 4 1 Additional time is allowed for delays as stipulated in the Contract Documents. The undersigned acknowledges the receipt of the tcllowing Addendun: For changing quantities of work items from those indicated by the contract Documents, upon written instructions froi the Engineer, the above unit prices as given in the prcpcsal shall prevail. The above unit prices shat. include all labor, materials, plant, bailing, shoring, overhead, profit, insurance, bonds, etc., as necessary to cover the finished wcrk of the various kinds called for. The bidder ander•standn that the City of Fayetteville reserves the right to reject any or all bids and waive any formalities as deemed in the best interest of the city of Fayetteville. The bidder does agree t..^,a;; t::::; bid steal- be good and nay not be withdrawn for a period of CC days after the scheduled closing time fcr receipt of bids. JERRY D. SWEETSER, IN -L __ _ __ ___ Title 9usiness Address _J I) 1 `1 �V L1 J �`a elephcne n I L"7D3a5 Arkansas License Nu^ber End of proposal 5 I CONTRACT THIS AGREEMENT, made and entered into the l t-Iday of MECEMI�Ei�, 1984, by and between the City of Fayetteville, County f Washington. State of Arkansas, Party of the First Part, hereinafter called the Owner, and .11yC _, 'Sweeksuc in C— • , of the City of rAtel-Y_ the Second Part, hereina WITNESSETH THAT: called the Contractor. Party of WHEREAS, the Owner has called for bids for Drainage Improvements, as set out in the Plans and Specifications and approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor .s the lowest and best qualified bidder for the construction of said Improvements; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Drainage Improvements - East Lakeside Drive, Bid Number 94-87, including all Work required for a complete and acceptable installation, for the unit and lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the tota] sum thus being . ,^ c r dollars ($ W,1BO.00), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and totally complete all work within forty-five (45) calendar days. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. 1 As soon as i� practicable after the first of each calendar month, and in accordance with the Contract Specifications, the Owner will make partial payments to the Contractor for work performed during, the preceding calendarrmonth, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Retainage shall be withheld from the partial payments. as provided- by'Arkansas state laws by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a'Final ,Estimate'of work done based upon the original contract and subsequent changes made and agreed m upon, it any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of �. completion of the. work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages the sum of one hundred dollars ($100.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties'to this contract'to• be,the._aiounts of, damage, Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final 'Estimate of said work, after the completion thereof, and Contractor shall be entitled any to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the, delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. t. II I I' II II L In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall not be liable to the Contractor for any work theretofore performed, or 2) requiring the surety hereto, upon ten (1C) days notice, to complete and carry out the contract of Contractor; and in that event, should be surety fail, neglect or refuse tc carry out said contract, 3) said Owner may complete the contract as its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. II I II F L I 1 I I I I IN WITNESS WHEREOF, the Owner and Contractor have heretc set their hands and seals, respectively. JERRY D. SWEETSER, INC Firm Name By___________ — Witnesses* *If corporation, secretary should attest. CITY OF FAYETTEVILLE, ARKANSAS Attest: / nn Fred Hanna, Mayor Lily Traci Paul, City Clerk End of Contract 3 II II I- II II I I 1 1 I J 1I I I I I UNITED STATES (A Stock Corrpaiy) TY COMPANY ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We...i�erry D. Sweetser} Inc. . . ... ....... ....... ... ... ... .. .. ... ... .. ... .......... ... ... .. ... ... ... .. ... .. as Principal, hereinafter called Principal and UNITED STATES FIDELLTY AND GUARANIY COMPANY, a coroporat'on organized and existing inrer :he laws of the Slate of Maryland and authorized to do business in the State of Arkansas, as Surely, he•errafte• ca I•id Surely, are he d and Iirmiy bourd unto .............. the C: Ly r.f FayetLevi 1e,..Arkatlsas.. ... as Obligee, hereinafter called Owner. in tl'e arnou•i: of ................................................ Twenty Thousand One !iundred Eighty Dollars an3,AoL100'.s .......... ... .. ..... Dollars ($.?(�r.180.00 .. ). for tl•e payment whereof Principal amid Surety b•rd themselves, their heirs, personal represents:ives, successors amid assigns. ja ntly and severally. lirm!y by these aresents. Principal has oy wr•Iton agreement dated .... .................... ........ entered into a contract with Owner for furnishing all labor and nalerials for the construction of the East Lakes'.ce Drive Drainage Imes wement, Faye`teville, Arkansas. which contract is by relerence nade a part hereof, and is horemafler relerred ;n as the Ccntract THE CONDITION OF THIS OBLIGATION is sucn that I the Principal shall faith[.Illy perform the Contract on •1is Bart and shat 'ally indemn fy amid save harmless the Owner from all cost and damage which he may stifle' by 'eon of fa lure so :o Jo and shall fully reimburse and repay the Owner at outlay and expense which the Owror may incur it, 'oak rig gcoJ any such del au I. and, lurlher. that if the Principal shall pay all pr'iscns all indebtedness for labor or materia's'tnnished or performed under said Conlracl failing which such persons shall have a cried nigl'l of action against the Prirc pal and Surely. loinay and severally. under This obligation. subject to the Owner's priority, her this obligation shall be null and vo d: otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this ho -1d outside the S:ate of Arkansas No suit, action or proceeding shall he brought on This burd except by the Owner, urless is is brought in accordance w Ih A.C A. Section 22-9-403 (h) and A.C A. Section 18-44-5C3 (b) (Stipp. 1987) as amended. No suit, action or proceeding shall be brought by :he Owner after two years front Ilia Cale cn wl-ich final payment under the Contact 'ails due. Any alterations which may be made in the leans of the Contract, or the giving by the Owner of any ex:ersion o' time lot the per'ormance of the n the work Contact. to be done under it, or or a-ry other lorberance on the part of either the Owner or the Princpal to the other shall not in any way-e'ease the Principa' and the Surely or Sureties. or eit'1er or from their liabi ity he•eunder rctice any of them, to the Surely heir heirs. personal representat or Sureties of any such ves, alteration. extension successors or assigns or'orbearance being hereby waved In no event shal :he a; gregate liabilily of the Surely exceed the sum set out herein Executed on this ... -.. tl1 day of..??Pcember .. -. .-, 19 94.. .....rf.ry I)• _S.eeAlger. .I?S........... ... ... .. Prir.c:pal By`(< ... President UNITED STATES FIDELITY AND GUARANTY COMPANY Surety Ley'........ ...... Robert M. Davin Attorney -in -fact El (A-Yansacl (11- a3) ' 935979 UNITED STATES FIDELITY AM) GUARANTY COMPANY POWER OF ATTORNEY tiU Si V r NO. 106636 •N:. KNOW ALL MEN BY THESE PRESENTS: That L\T: ED STATES FIDELITY AND GUARANTY COMPANY. a eorporatioo organized sad existing soda the lass of the Slate of Maryland and having .s principal office at the City of Baltimore, i n the State of Maryland. does hereby constitute and appoint 'A.P. Eason, ..r. and Robert M. Davis ofthecity of Fayetteville ,State of Arkansas is trio andlavful AuoraWs)-io•Fact, each in Theirscpaate capacity if moss than om is named above. to sip is name as surety to. ad to execute. seal sad acknowledge any and at, bonds. uadetWongs. contracts and other written indnimeatsin the alma thereof on behalf of the Company In its business of giaranteeing the fidelity of persons; gtiatateelag the performance of contracts; and executing or gunumaceag bonds and undertakings required or permitted in any unions or proceedings allowed by law. to Witness Whereof, the said UNTIED STATES FIDELITY AND GUARANTY COMPANY has caned thin iorinment to be scald with its corpora. see], ' duty assted by the signwim of is SeniorV im Presdent aid Assistant Secretary. this 2 2nd day of January ,A.D. 149 3 At UNT'.ED STATES FIDELITY AND GUARANTY COMPANY take (Signed) By.. /.. .. ... .. :ittttt ISigned) Hy...............: . ' ... Assistant Secretary STATE OF MARYLAND) SS: ' BAL:1MORE CITY - Osthis22nd dayof January ,A.D.1993 ,heforemepenooalyame Robert J. Lamendola Senior Via President of the UNITED STATES FIDELITY AND GUARA.TY COMPANY and Paul D. Sims ,Assistant Secretary of said Company, with both of whom I i psmeeally acgsuied, who besegby me severally duly swam, sad, chat they, the said Robert 3. ' Lamendola dad Paul Ti. Sias n re were Senior Vice Presides and the Assistant Secretary of the said UNITED STATES FIDELITY ANQ GUARANTY COMPANY. the corporation described as zed which executed the foregoing Power of Attorney; that They each knew the seal of said corposaao; this the seal affixed to aid Powev of Antsy was each cospomte seal, that it win an affixed by order of the Boast of Directors of aid corporation, and that they signed their alma thereto by like order as Seater Via President ad Assistant Secretary. repecuvely, of the Company. ' Myeommtaanaptnathe dayin March A.D.19 95 (Signed) ...... `�. . ... TARP P lIC 'M'r' i✓7 . NOTARY PUBLIC ' Thin Power of Attorney a granted under and by s nbority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 24. :992: RESOLVED, that an connection with the fidelity ad surety manna business of the Company, all bonds. undeittkup, contracts and other mammeos ' missing to mid buSnea maybe aigaed. aecimed. mad acknowledged by persons or emtlies appointed as Attorm%s)- a -Fact purmat to a Power of Attorney issued in accordance with these mirth nom. Said Power(s) of Attorney for and on behalf of the Company may said eball be executed in the ante and on behalf of the Company, either by the CT airman, or the President, or an Fseamve V;a President or a Senior Via President, or a Vice President or an Assistant Vice Prendat. jointly with the Secretary or an Assistant Secretary. under their respective desgnauoms. The armature of such officers easy be engraved, priced or lithographed. The signature of each ' of the foregoing officers and the seal of the Company may be affixed by facsimile to ay Power of Attorney ar to ay oedificsi. missing thereto appointing Ammey(s)-ice-Fact for purposes only of executing and attesting bonds and undctslungs and other writings obligatory tithe .ruts thereof, and. unless subseOi nNtly revoked ad subject to my Limitations sit forth tbemis, ay such Power of Attorney or certificate bearing such facsimile sigamm or facsmute xis shall be valid And binding upon the Company and my such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly aarhed. ' RESOLVED. that Afomey(s)-ie-Fact than have the power sad arborty. ar.ku subnpeitly revoked and. in ay era. sublets to the terms and Iimitution of the Power of Attorney issued to them, to execute and del mer on behalf of the Company ad to attach the seal of the Company to my ad all bonds and uaderakmp. and other writings obligatory in the nacre thereat and my such insnmat executed by such Atumey(s)-in-Fad .hall be as binding upon the Cori ay as :f signed by an Executive Officer and sealed and amend to by the Secretary of the Company. ' L Paul D. Sims . a Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY. do hereby cemfy that the foregoing is a true except from the Resolution of the said Company as adopted by its Board of Directors an September 24. 1992 sad that this Resolution is in fun force and effect L the undamped Assistant Secretary of the UNTIED STATES FIDELITY AND G JARANLY COMPANY do hereby comfy that the foregoing Power of ' Attorney is in fug force add effect and has nol been revoked. In Testimony Whereof• I have heraao set my hand and the seal of N STATES FIDELITY AND GUARANTY COMPANY co this day of .19 ^ e sub L lgie Anistaet Secre" FS 3 1lo-92) CERTIFICATE OF INSURANCE: - CSR SB 12/13/94 PRODUCER THIS rsPT1P]rATE IS ]SE D AS P MATTER OP INFORMATION ONLY AND ' . Eason & Company, Inc, ^ONFSN:, NO RIGHTS UPCN THE 'RRP:(ATg HO]fRP. THIS CRPTIPICATH DOES NO'] AMEND, EXTE:C 3R AL:FR TlE CO':EKAGE AFFORDED BY THE 100 West Center, Suite 201 PC'LICIE3 3ELCW. Fayetteville, AR 72702-4217 COMPANIES AFFORDING COVERAGE , ' . PHONE501-521-2233 - -- - -- ------------ - --------------------------------- --- - ]N•:'PND COMPANY LETTERA Bituminous Insurance Co. ^.')MPANS' ] RTTNP B Jerry Sweetser, Inc. ----------------------- --- - 590 FT. Poplar C:MPANY LETTER C Fayettevil le AR---------------------------------------------------------------------------, 72703 COMPANY LET ER D '--)MPANf IN.Ev Ih:3 I5 TD CERTIFY THAT PCL:C:ES OF INSURANCE LISTED 32LC'w. HAVE BEEN :SSLEL T: THE INSURED NAMED ABOVE ROR Taa POLICI '• PEF:OD :NDICATBD. NOTWIT,i3TA.,.-) ANY REQUIREMENT, TERM C? :Ccc:TnN :F ANY C:N-•RACT OF OTHER DOCUMENT WIT:{ REESPEECT TO I NYICF T}'IC CERTIFICATE MAY BE :SSrED DR MAY PERTAIN. THE IN5,]PANrE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS 3UBCSC: TO I ALL ThPFC EXCLUSIONS, AND TOND:T:ONC OF SUCH POL:CIES LIM:TS 590WN MAY HAVE BEEN REDUCED BY PA:D CLAIMS. TSPH OF INSURANCE PCL:CY NUM3gP PCLICY EFF PCh:fY MP LIMITS I LTF DATE LATE X GENERAL LIABILITY GxNEPA. A.R;Pc xr ;•, ,,i,,� ' A ,X'C:)MMNP�'1AL GEN ..:AB1L:Tf CLP2131174 10/30/94 10/30/95 IPkOD-COMP•OP AGG. (1, 000, 00Q CLAIMS MADE X] cc, IPER3IN:URY11, 000, 000 WNEP5 5 s CCNTRACIOR S EACH OCCURRENCE 1,000, 000 ' PP 'TECTIvE I I I IFIPH DAMAGE I I :ANY ONE e•IRc, 50,000 1 I I ' IMED. EXPENSE I I ------------)(ANY CNR PRPSON) i5 , 000 - ---------------------------------------------------------------------- - I -------------------I----------- --I AUTOMOBILE LIAR ICOM;. SINGLE LIMIT 11000000 1 : I A ;X ANY AIrn CAP1813240 10/30/94 10/30/95 IhO])ILY IN;:REf .,..L cwNSD alr: oa , ;PER PER acN+ SCHEDULED AL^.Ya3 I HI WE!) AITTOS • HO])] :]v INPURY I '• NON -OWNED AUTOS PER ACCIDENT) I GARAGE LIABILITf PP))PSPTY DAMAGE EXCESS LIABILITY EA -H Or�']R-EN'E i2000000 • AX z:- hPRLLA FORM CUP1786039 10/30/94 10/30/95 -HEW nu.N :TINF9:TA F.P•• aGGR SGAIE 2000000 II A WORKERS' COMP WC122292 AND EMPLOYERS' LIAB ------------------------------------- OTHER 'A Inland Marine CLP2131175 A OCP BINDER - - ------------------ :R.-P:PT CN CF :PRRAT:sNS I,OCAT1(.NS ":gH]::LES SPEL.AL -:EMS $250,000 COVERAGE ON LEASED EQUIPMENT ' The following named as additional insureds: The City of Fayetteville and Crafton, Tull & Associates, Inc., 103 N. College, Fayetteville, AR 72701. hP.. F.:.A'.N HOLDER -------------------------------ANCEnICN CANCELLT1ICN w-__________----___-__ ' - rHO:L-1 ANY CF THR AHd':x DASLTIRED PCL:C:ES BE CANCELLED BEFOFF TFE E:: PIRATIGN DATE THEREOF, THE ISSDING :CMFAN" WILL BNDRAVOP TO PA]], 30 DAYS NFRITTEN NOTICE TO TH9 DNNT:}':c. E HJI])hR NAF.HD TO THE LEFT BU: The City of Fayetteville, FAI-,UkE TC MAIL SUCH NOTI'E SHALL :MP6cE NI) ?PI,TGATTON CR LTnh TL]T5 CP Arkansas NY FIND UTON THR 'OMPANY, ITS AGENTS CP PhPPNSENTATI CH' 113 West Mountain - -- Fa Fayetteville AR /12 t / AUTH'-R: �RL R6PNa3eNTAT1".a 72701 1l .' - 4�: Robert Michael Davis I X ISTATJTCR1 LIMITS 10/30/94 110/30/95 EACH A:-I�EN. 1000000 D]3EASE-PCL L:M:: 5000000 ;DIr,EASR EA. -9 EMr 1000000 --------------------- - $1,000,0001 1 10/30/94 110/30/95 j 09/20/94 109/20/95 I PERFORMANCE BOND I Contract Section I KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) I hereinafter called "Pi of hereinafter called the II I n 11 n I II I Lncipal" and (3) , State of "Surety," are held and r firmly bound unto (4) . hereinafter called the "Owner", in the penal sun of (S ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBL_GATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of 19 a copy of which is hereto attached and made a part hereof for the construction of: Contract Section I: Drainage Improvements, East Lakeside Drive, Bid No. 94-87. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder cr the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. II ii This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of __________,19___ Attest: ss Attest: JERRY D. SWEETSER, INC Principal Secretary By 590 WEST POPLAR = FAYETTEVILL E, AR 72703 to Princ 1 r .Ir4 AR : cAtr (Surety) Secretary (Seal) tness as to Surety Address 1 Address n } w ILLE, AR 72904 Surety By Attorney - Address Fact NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. II I -1 I 1I I I 1.1 II I I I I II II I I I F I II I PAYMENT BOND Contract Section KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) hereinafter called "Principal" and (3) of , State of hereinafter called the "Surety," are held and firmly bound unto (4) _ _______, hereinafter called the "Owner", in the penal suit. of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of , 19_ , a copy cf which is hereto attached and made a part hereof for the construction of: Contract Section I: Drainage Improvements, East Lakeside Drive, Bid No. 94-87. NOW THEREFORE, if the Principal shall promptly make payment to persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, all amounts due for but not limited to materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premiums for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due to the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractors or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. I The Surety agrees that the terms of this bond shall cover the payment by the Principal of not :ess than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work Iunder the contract. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of tine, alteration or addition to the terms of the contract or to the work or to the specifications. I PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957); Section 51-635, Cumulative Supplement. II IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of , 19 ,.,Attest: JERRY D. SWEETSERR INC, ___ Principal Principal Jail , (Ptrincpal) Secretary By I LV �' (SeaIS � jj F � _ 590 WEST POPLAR - FAYETTEVILLE AR 72703 NWitne`ss�as to Principal Address , a , b904 W T��POP AR - FAYETTEVILLE,' AR 72703 Address , Attest: Surety BY (Surety) Secretary Attorney -in -Fact (Seal) Witness, as to Surety Address r Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. - - (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. I 4 ' Thit document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. STANDARD • GENERAL CONDITIONS ' OF THE ' CONSTRUCTION CONTRACT Prepared by ' Engineers Joint Contract Documents Committee and Issued and Published Jointly By I I I I Ii I I I I i CMG [,t UAMERKAN auNu` PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A-praerrce division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSUI.PING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General ri Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning (heir usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents INo. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions. see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders INo. 1910-12) (1990 Edition) may be used. I FJCDC No. 1910-811990 Edilioni © 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 I I I Ii II I I1 I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title V' 1. DEFINITIONS .......................... II Addenda ........ ... .... ... .... . 12 Agreement ...... .... .... ........ . 13 Application for Payment ...... .... . I.4 Asbestos . . ... ... ... 1.5 Bid .... ...... ....... ... . 1.6 Bidding Documents ... .... ... .... . 1.7 Bidding Requirements .... ... ... . I.8 Bonds .......... ... ...... 1.9 Change Order ... ...... 1.10 Contract Documents .. .... ... .... . I.I 1 Contract Price ... ... .... ... . 1.12 Contract Times ............ ........ . 1.13 CONTRACTOR .. ... ... .... 1.14 defecin a .... .... ........ .... ... 1.15 Drawings .... .... .... ... .... .. 1.16 Effective Date of the Agreement ..... 1.17 ENGINEER .. ... .... ........ ... 1.18 ENGINEER's Consultant ...... ... 1.19 Field Order ............ .... ... ... 1.20 General Requirements ..... ... ... 121 Hazardous Waste .. ........ ... ... 1.22 Laws and Regulations: Laws or Regulations 1.23 Liens ........................... 1.24 Milestone .......... .... ... ... 1.25 Notice of Award .. ... ... ... ... 1.26 Notice to Proceed . ... .... ... ... 127 OWNER . .... ... 1.28 Partial Utilization ... ... ... ... . 1.29 PCBs ..... .... ... ... ... 1.30 Petroleum . .... ........ .... ... .. 1.31 Project .... ... ... ... .... ... ... 1.32 Radioactive Material ...... .. . 1.33 Resident Project Representative ..... 134 Samples .... .... .... ... ... .. 135 Shop Drawings .. .... ........ .. 1.36 Specifications .. ... .... ........ . 137 Subcontractor .... .... ... .... ... . 1.38 Substantial Completion ......... ... 1.39 Supplementary Conditions .......... 1.40 Supplier ...... ............. ... ... 1.41 Underground Facilities .. ........ . 1.42 Unit Price Work ... ... .... ... .... 1.43 Work .............. ... .... ... ... 1.44 Work Change Directive ...... ... 1.45 Wntten Amendment ..... .... ... ... 2. PRELIMINARY MATTERS Page umber :3 :3 .3 3 ,. '3 3 :3 13 13 I3 13 13 13 13 13 14 14 2.1 Deliveryof Bonds ......... ... ... . 2.2 Copies of Documents ...... ... ..... 2.3 Commencement of Contract Times: Notice to Proceed .............. 24 Starting the Work . .... ... . 14 14 14 14 14 14 14 14 14 14 14 14 14 14 ;4 14 14 14 14 I4 14 Is IS 15 15 15 15 I5 I5 Amite or Paragraph Page Number & Title Number 2.5-2? Before Starting Construction; CONTRACT3)R's Respenvhi'ity in Report. Pre'iminan Schedules: Delivery of Certificales of Insurance ............ .... .... ... 15 2.8 Precon,trJction Conference ...... .... 15 2.9 Initially Acceptable Schedules ... ... 16 3 CONTRACT DOC L M EN'I S: INTENT. AMENDING. REUSE ... .... ... ..... .... 16 1132 Intent ............ ........ . . ... 16 3.3 Reference to Standards and Specifications of Technical Socielies; Reporting and Resolving Discrepancies ....... .... ... .. :6 3.4 Intent of Certain Te•ms or Atiiectivc, .. 17 3.5 Amending Contract Documents ... .. 17 3.6 Supplementing Contract Document, ... I' ?.7 Reuse of Documents .... ... ..... .. ! 7 4. AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAI.CONDITIONS. REFERENCE POIN1 S . I' 4 I Availability of Lands ... ... ..... 17 42 Subsurface and Physical Conditions . 17 4.21 Reports and Drawings ......... ..... 17 4 22 Limited Reliance by CONTRACTOR Authonzed:'Iechnical Data .. .... I8 4.2.3 Notice of Differng Subsurface or Physical Conditions ............... I8 4.2.4 ENGINEER's Review .... ... ..... 18 4.2.5 Possible Contract Documents Change I8 4.2.6 Possible Price and Times Adjusrmenls . 18 4.3 Physical Conditions —Underground Facilities ....... ... .... .......... 18 4.3.1 Shown or Indicated ............ .... 18 4.3 .2 Not Shown or Indicated . . ..... ... 19 4.4 Reference Points ....... .... ..... ... 19 4.5 Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material .. 19 5. BONDS AND INSURANCE ... ........ ..... .. 20 5 1-5.2 Performance. Payment and Other Bonds . 20 5.3 Licensed Sureties and Insurers: Certificates of Insurance ..... ..... 20 5.4 CONTRACTOR's Liability Insurance 20 5.5 OWNER's Liability Insurance ........ 21 5.6 Property Insurance ... ..... ..... ... 21 5 Boiler and Machinery or Additional Property Insurance ........ ..... . 21 5.8 Notice of Cancellation Provisions ... . 21 5.9 CONTRAC"POR's Responsibility for Deductible Amounts ... ........... 22 5.10 Other Special Insurance ... ........... 22 5 1 I Waiver of Rights ................ .... 22 I Article or Paragraph - Page Number & Title Number 5.12-5.13 Receipt and Application of Insurance Proceeds ........................... 22 5.14 Acceptance of Bonds and Insurance; Option to Replace ................. 22 5.15 Partial Utilization —Property Insurance .......................... 23 6. CONTRACTOR'S RESPONSIBILITIES .......... 6.116.2 Supervision and Superintendence ...... 6.3-6.5 Labor, Materials and Equipment ...... 6.6 Progress Schedule .................... 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation .......... 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 6.12 Patent Fees and Royalties ............. 6.13 Permits 6.14 ............................... Laws and Regulations ................ 6.15 Taxes ................................ 6.16 Use of Premises ...................... 6.17 Site Cleanliness ....................... 6.18 Safe Structural Loading ............... 6.19 Record Documents ................... 6.20 Safety and Protection ................. 6.21 Safety Representative ................. 6.22 Hazard -Communication Programs ..... 6.23 Emergencies .......................... 6.24 Shop Drawings and Samples .......... 6.25 Submittal Procedures; CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal 6.26 Shop Drawing & Sample Submittals Review by ENGINEER ............ 6.27 Responsibility for Variation From Contract Documents ................ 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ............. 6.29 Continuing the Work .................. 6.30 CONTRACTOR's General Warranty and Guarantee ............ 6.31-6.33 Indemnification ....................... 634 • Survival of Obligations ................ 23 23 23 23 P#' 24 25 25 25 25 26 26 26 26 26 26 27 27 27 Article or Paragraph Page Number & Title Number 8.6 Change Orders.......... 29 8.7 Inspections, Tests and Approvals ...... 29 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services 8.9 ......... Limitations on OWNER's Responsibilities ..................... 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 8.11 ...... Evidence of Financial Arrangements .. 9. ENGINEER'S STATUS DURING CONSTRUCTION 9.1 ............................... OWNER's Representative ........... 9.2 Visits to Site 9.3 .......................... Project Representative ................ 9.4 Clarifications and Interpretations ...... 9.5 Authorized Variations in Work ........ 9.6 Rejecting Defective Work ............. 9.7-9.9 Shop Drawings, Change Orders and Payments .......................... 9.10 Determinations for Unit Prices 9.11-9.12 ........ Decisions on Disputes; ENGINEER as Initial Interpreter ................... 9.13 Limitations on ENGINEER's Authority and Responsibilities ...... 10. CHANGES IN THE WORK ..................... 10.1 OWNER Ordered Change ............ 10.2 Claim for Adjustment ................. 10.3 Work Not Required by Contract Documents ......................... 10.4 Change Orders 10.5 Notification of Surety ................. 27 11. CHANGE OF CONTRACT PRICE .............. 11.1-11.3 Contract Price; Claim for Adjustment; 27 Value of the Work .................. 11.4 Cost of the Work ..................... 27 11.5 Exclusions to Cost of the Work ....... 11.6 CONTRAC7OR's Fee ................ II.7 Cost Records ......................... 27 11.8 Cash Allowances ..................... 28 11.9 Unit Price Work ...................... 7. OTHER WORK .................................. 29 7.1-7.3 Related Work at Site .................. 29 7.4 Coordination 8. OWNER'S RESPONSIBILITIES ................. 29 8.1 Communications to Contractor ........ 29 8.2 Replacement of ENGINEER .......... 29 8.3 Furnish Data and Pay Promptly When Due................................ 29 8.4 Lands and Easements; Reports and Tests............................... 29 8.5 Insurance ............................. 29 12. CHANGE OF CONTRACT TIMES .............. 12.1 Claim for Adjustment ................. 12.2 Time of the Essence .................. 12.3 Delays Beyond CONTRACTOR's Control ............................ 12.4 Delays Beyond OWNER's and CONTRACTOR's Control .......... 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......................................... 13.1 Noticeof Defects ..................... 13.2 Access to the Work ................... 13.3 Tests and Inspections; Contractor's Cooperation ........................ H 31 31 31 31 32 32 32 32 32 32 I 35 35 35 35 35 36 36 36 36 2 I I I L L I I I I I I I I I I Article or Paragraph Page Number & Title Number 13.4 OWNER's Responsibilities: Independent Testing Laboratory .. 13.5 CONTRACTOR's Responsibilities .... I3.6-13.7 CoveringWork Prior to Inspection. Testing or Approval . ... .. 13.8-13.9 Uncovering Work at ENGINEER's Request .. .. ... ... . 13.10 OWNER May Stop the Work ....... 13.11 Correction or Removal of Defective work.... .............. ....... 13.12 Correction Period . .... .... ... ..... 13.13 Acceptance of Defective Work ....... 13 14 OWNER May Correct Defective Work. .... .... .... .... ... .... 14. PAYMENTS TO CONTRACTOR AND COMPLETION ......... .... .... ........ 14.1 Schedule of Values ............. 14.2 Application for Progress Payment ..... 14.3 CONiRACTOR's Warranty of Title ... 14.4-14.7 Review of Applications for Progress Payments 14.8-14.9 Substantial Completion . ... .... .. 14.10 Partial Utilization ........... 14.11 Final Inspection 36 36 36 36 36 31 17 17 37 37 38 38 39 19 39 Article or Paragraph Paxe Number & Title Number 14.12 Final Application for Payment ......... 40 14.13-14.14 Final Payment and Acceptance ... .... 40 14.15 Waiver of Claims . .... .... .... .... 40 15. SUSPENSION OF WORK AND TERMINATION ... ........ ......... .... .... 15.1 OWNER May Suspend Work ....... 15.2-15.4 OWNER May Terminate ............ 15.5 CONTRACTOR May Stop Work or Terminate ... ... ......... .... 16. DISPUTE. RESOLUTION ... .... .... ........ 17. MISCELLANEOUS 17 1 Giving Notice . ..... 172 Computation of Times ... .......... . 17.3 Notice of Claim ................ .. .. 17.4 Cumulative Remedies .... .... .... 17 5 Professional Fees and Court Costs Included .......... .... ..... .... EXHIBIT GC -.A (Optional): Dispute Resolution Agreement (Optional) .... GC -Al 16.-16.6 Arbitration .... ....... .... GC -Al 6.7 Mediation . ... .... ... .... CC A2 4i 41 42 42 42 42 42 3 1 I INDEX TO GENERAL CONDITIONS Article or Paragraph -Number Acceptance of — Bonds and Insurance ...................... .. 5.14 defective Work ....................... 10.4.1, 13.13, 13.15 final payment..................................9.12, 14.15 insurance ........................................... 5.14 other Work, by CONTRACTOR ... 6 ................. 7.3 Substitutes and "Or -Equal" Items .................. 6.7.1 Work by OWNER ........................ 2.5, 6.30, 6.34 Access to the — Lands, OWNER and CONTRACTOR responsibilities.....................................4_I site, related work.....................................7.2 Work, .................................. 13.2, 13.14, 14.9 Acts or Omissions—, Acts and Omissions — CONTRACTOR ............................ 6.9.1, 9.13.3 ENGINEER................................6.20, 9.13.3 OWNER....................................... 6.20, 8.9 Addenda —definition of (also see - definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1 Additional Property Insurances ......................... 5.7 Adjustments Contract Price or Contract Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4, 11, 12, 14.8, 15.1 Progress schedule.....................................6.6 Agreement — definition of .......................................... 1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash......................................11.8 Amending Contract Documents ......................... 3.5 Amendment, Written — in general .... 1.10, 1.45, 3.5, 5.10, 5.12. 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ......................9.10. 9.11, 10.4, 16.2, 16.5 Application for Payment — definition of..........................................1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general.......................2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of .................... ................. . 14.4-14.7 Arbitration (Optional) ....... .................... .. 16.1-16.6 Asbestos — claims pursuant thereto ....................... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ...........45.2 definition of .......................................... 1.4 OWNER responsibility for .................... 4.5.1, 8.10 possible price and times change .................. .. 4.5.2 Authorized Variations in Work ........... 3.6, 6.25, 6.27, 9.5 Availability of Lands ............................... 4.1, 8.4 Award, Notice of —defined ....................... .. 1.25 Before Starting Construction ........................ 2.5-2.8 Bid —definition of.......................................1.5 (1.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) Article or Paragraph Number I Bidding Documents —definition of ............... 1.6 (6.8.2) , Bidding Requirements —definitions of ...... 1.7 (1.1, 4.2.6.2) Bonds— - acceptance of.......................................5.14 additional bonds ........................... 10.5, 11.4.5.9 1 Cost.of the Work ...................................11.5.4 definition of .......................................... 1.8 delivery of......................................2.1, 5.1 ' final application for payment ............. .. 14.12-14.14 general ...............1.10, 5.1-5.3, 5.13, 9.13,10.5, 14.7.6 performance, Payment and Other .................5.1-5.2 Bonds and Insurance —in general ......................... 5 Builder's risk "all risk" policy form ................... 5.6.2 Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15 Cash Allowances ................. 11.8 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 1 14.8, 14.10 Certificates of Inspection ................ 9.13.4, 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, ...............4....................... 5.14, 9.13.4, 14.12 Change in Contract Price— Cash Allowances...................................11.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 CONTRACTOR's fee ............................... 11.6 Cost of the Work general ...................................... 11.4-I 1.7 Exclusions to ....................................... 11.5 Cost Records .......... .. 11.7 ' in general ..............1.19, 1.44, 9.11, 10.4.2, 10.4.3, I1 Lump Sum Pricing................................11.3.2 Notification of Surety ............................... 10.5 Scope of.......................................10.3-10.4 ' Testing and Inspection, Uncovering the Work ........13.9 Unit Price Work....................................11.9 Valueof Work ...................................... 11.3 Change in Contract Times— I I Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 3.14, 1.4...... 12.2 , Contractual time limits .......... .. ..... . Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol...............................................12.4 t Notification of surety ...............................10.5 Scope of change................................10.3-10.4 Change Orders — Acceptance of Defective Work ........... .. 13.13 Amending Contract Documents ...................... 3.5 Cash Allowances...................................11.8 Change of Contract Price ............................ 11 I Change of Contract Times ......4 ..................... 12 Changes in the Work .........:........................ 10 CONTRACTOR's fee .......................... 11.. 1 I.6 Cost of the Work ...............................11.4-11.7 II I II I II II II Li I II I I II I I I Article or Parnerapti \umhrr Cost Record, .... ... .. . ...... ... I I ^, define on of .... .. .. ... ... .. ... 19 emergencies . . ... . . ... ... .... ... ...623 h%(ANEER', cstxinsih1Iits . .... ..9.`). 10A. 11.2, 12 1 execu1 on of ... .... ... ... ... 104 Indemnihca: O'1 6 12, s.'6, 6.11. 6 31 Insurance. Bonds ird .............. .. 5..0. 5.13. 10 5 OWNER ma% terminate . ... .. 1 s 2-I 5.4 ON NER\ Respomih hti 8.6. 10.4 Pt' weal Condi: ors— Sah,WfaCe ard. .... .. ... ... .. 4.2 ndergrouna I.iri'rhe, ... ... ... ... .. 4.3.2 Record IAxr.ments ... .. ... ... .. 6..:9 Sore of ('hange ... ... ... .. .:0.3-hi.4 Suh,titute' ... ... ... ... 6 ; 3. h.S.2 l m: Prve Work .... .... .. ......119 .slue of Work. cave-e.t h} .... .. 11.1 Changes in the Work .. ... ... ... 10 Nouhcation of ,urels .. . ... .. ... ... ... I0 5 OWNER s and ('ON I R.\( TI)R s re,pnmihdi::es 11) 4 Right to an adjustment . . . . ... 10 2 scope or , hange . .. ... .. 11) 3-11) 4 Claims against ('ON FRAC I O OR ... ... .. 6 16 agatmt k.NGIN I.FR ... .. .. .. h.12 against OWNER ... .... ... ... . h.32 Change of Con:•a,t Price . . 9 4. 11.2 Cha,ige at t',m:-,ict I tines . . .. 9A. 12.1 ( ON 7R.\CTOR', 4 " 1 9.4 94.9.11. N 2, 11 2. 119 :1 14ri I` I. 15.5. 1.3 C()N't R.\(-TUR s Fee . ... .. 11.6 CON rRACTfR\ bin its . S Y h 12 6.16. 6.11 C st of the Work ... 114 11 5 Ikcision' en ih,ri.lc' 9 119.1: Di,rt.le Re,oluticn . ... It I Disnutc Re,olutien Agrce•nert ... .. ... .. 16 1-166 FNCINEI-R as imtiai mtemretor . ...9 II I u•np Sum Pricing . . . ... 11 3 2 Nolice al ... ... ... I'.? OW NI -,R Y4. r5 "II 111.2. IL]. i4. 12.1. 39. 13 13. 13 14.:'.1 ON NI R\ iahild" ... .. ... . 5 5 11N NEER n:ry etu'e hr make pin nenl ... .. ... . 14.' !'rofe,sional Fees and ('our, (Os1' Inc ode.: I".5 i equest for forma. deers ion nn .... ... ... 9 II SuI"a ur:e lem' ... ... . ... ... ... ... 67 I I me Exlen,ion .... ... ... .. ... 12 I .me 1cqu remenis ... ... 9 II. 12 I nn 1't ice Wok .. .... .. ... 11.93 Value of ... .. ... .. I1.? Na vc- of on I na. i'ay ment . 14.x4. 4.!5 Wrrk ( hanec Directs c ... ... ... . .. v.rittcr mehce -equire.. ... .. I1. ii :. 12.1 Cianticaaans and Intcrpretau,m, ... : 6 3. 9 4 9.11 C eon Me ... ... ... 6 1- Codes of iechmca: S.xiety. COrganization or Assvxiation ... .... .... .. ... ... ... 3 3 1 C ommencernent of Conrad 'T rtes .... ... 2.1 ( orn-numcanrm- Article or Paragraph Number general .... ... ... ......... ........ ... 6.2, 6.9.2. 8.1 Hazard Communication Programs ............... . 6.22 Completion - Final Application for Payment .... .... .... .... .. 14.12 Fnal........ ........ .... .... ....... 14.11 Fina; Payment and Acceptance ....... ....... 14.13-14.14 Partial Utilization ... ........ ............. ...... 14.10 Substantial Completion ....... ... .... .. 1.38, 14.8-14 9 Waiver of Claims ... ... ... .... ......... .... 14.15 • Computation of Times ... ........ .... .... . 17.'_.1-17 '_ 2 Concerning Subcontractors, Suppliers and Others ....... ................... 6.Rfi I I Conferences - initially acceptable schedules ... ......... .... .... '_.9 preconstruction ......... ............ .......... .... 2.8 Conflict, Error, Ambiguity. Discrepancy - CONTRACTOR to Report ........... ......... 2.5, 3.3 2 Construction, before starting by CONTRACTOR ... 2.5-2. Constriction Machinery, Equipment. etc . ...... ........ 6.4 Continuing the Work . ................. ......... 6.29, 10.4 Contract Documents - Amending ............. ... ... ......... .... . 3.5 Bonds.. ... ... .................. ........ .... .5.1 Cash AJowances ........ ........ .... .... .... . 11.8 Change of Contract Price ....... ... ......... .... I 1 Change of Contract Times ........... .... ..... ..... 12 Changes in the Work . ............. .... ...... 104-10 5 check and verify ....... ... ... ......... .... .... 2.5 Clarifications and Interpretations ...... 3 2. 3.6, 9.4. 9.11 definition of . ......... ... .............. .... .... 1.10 ENGINEER as initi& interpreter of .. .............. 9.11 ENGINEER as OWNER's representative ... .... .. 9.1 general. ............. .... ........ .... ..... .... .. 3 Insurance .. ... .............. ... .......... .... .. 5.3 Intent....... .... ... ......... ........ .... .. 3.1-3.4 minor variations in the Work ....... .... .......... . 3.6 OWN ER's responsibility to furnish data ....... .... . 8.3 OWNER's responsibility to make prompt payment .. ........ ........... 8.3, 14.4. 14 13 precedence . .... ........ ... ........ ...... 3.1. 3.3 3 Record Documents ........ ... .............. ..... 6.19 Reference to Standards and Specifications of Technical Societies ............... .......... ... 3.3 Related Work ....... .... ........ ......... .... .. 7.2 Reporting and Resolving Discrepancies ........ . 2.5. 3.3 Reuse of .... ... .... .... ........ .............. . 3.7 Supplementing ... ................. .... .......... 3.6 Termination of ENGINEER's Employment ..... ... 8 2 l'ni: Price Work . ........ ................... ..... 11.9 variations ... .... ............. .......... 3.6, 6 23. 6.27 Visits to Site. ENGINEER's ..... .... .... ..... ... Q 2 Contract Pnce- adjustment of .. .... .... ... 3.5. 4.1, 9.4. 10.3. 11.2-11.3 Change of .. ........ ............. ............... . II Decision on Disputes .... ........ .... ..... .... 9.11 definition of ............. ................... ... III Contract Times - adjustment of . .... .... .......... 3.5.4 I. 9.4, 10.3. 12 Change of ... .... ........ .... .......... .... C.1-12.4 1 5 I Article or Paragraph Number Commencement of...................................2.3 definition of........................................1.12 CONTRACTOR — Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work .. ...................... 6.29, 10.4 coordination and scheduling ......................... 6.9.2 definition of........................................1.13 May Stop Work or Terminate ................. .. 15.5 provide site access to others .................... 7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements ........................... 4.5.2 CONTRACTOR's— Compensation..................................11.1-11.2 Continuing Obligation .............................. 14.15 Defective Work .......................... 9.6, 13.10-13.14 Duty to correct defective Work ..................... 13.11 Duty to Report — Changes in the Work caused by Emergency.......................................6.23 Defects in Work of Others ............. .......... .. 7.3 Differing conditions .............................. 4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies........................................6.23 Equipment and Machinery Rental, Cost ' of the Work ................................ .. I1.4.5.3 Fee —Cost -Plus ..................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee :...................630 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12, 6.16, 6.31-6.33 Inspection of the Work ..........................7.3, 13.4, Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations, Compliance by ............. 6.14.1 Liability Insurance...................................5.4 Notice of Intent to Appeal ....................-.9.20, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds .........................5.1 Permits, obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes .............9.1-I Responsibilities — Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACTOR's expense ....................... 6.7.1 CONTRACTOR's General Warranty and Guaran- tee...............................................6.30 CONTRACTOR's review priorto Shop Drawingor Sam- ple submittal.....................................6.25 Coordination of Work .............................. 6.9.2 Emergencies.....................................6.23 ENGINEER's evaluation, Substitutes or "Or- Equal" Items .......................... 6.7.3 Article or Paragraph Number For Acts and Omissions of Others ..... 6.9.1-6.9.2, 9.13 for deductible amounts, insurance .................. 5.9 general.................................6 7.2, 7.3, 8.9 Hazardous Communication Programs ............. 6.22 Indemnification ..............................6314.33 Labor, Materials and Equipment ..'.............. 6.3-6.5 Laws and Regulations ............................ 6.14 Liability Insurance.................................5.4 Notice of variation from Contract Documents .....6.27 Patent Fees and Royalties ......................... 6.12 Permits...........................................6.13 Progress Schedule.................................6.6 Record Documents ............................... 6.19 related Work performed prior to ENGINEER's approval of required submittals ................. 6.28 safe structural loading ............................ 6.18 Safety and Protection ................... 6.20, 7.2, 13.2 Safety Representative ............................. 6.21 Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review by ENGINEER................................6.26 Site Cleanliness ...................................6.17 Submittal Procedures ............................. 6.25 Substitute Construction Methods and Procedures....................................6.7.2 Substitutes and "Or -Equal" Items ................ 6.7.1 Superintendence...................................6.2 Supervision........................................6.1 Survival of Obligations ............................ 6.34 Taxes............................................ 6.15 Tests and Inspections ............................. 13.5 To Report .........................................2.5 Use of Premises .................... 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work .. .. 10.2 right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9.12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection .................6.20-6.22, 7.2, 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples Submittals .........6.24-6.28 Special Consultants ............................... 11.4.4 Substitute Construction Methods and Procedures .....6.7 Substitutes and "Or -Equal" Items, Expense .. 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ............6.8-6.1 Supervision and Superintendence ...........6.1. 6.2, 6.21 Taxes, Payment by..................................6.15 Use of Premises ........................... .. 6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title...................................14.3 Written Notice Required — CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface. and Physical Condi- tions ............ .. 4.2.3 Substantial Completion .. .. 14.8 .. .................... CONTRACTORS —other ................................. 7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination I P r— I I L L I I II I F I F II I I Ii I I Artie Ie or Paragraph .Number CONTRACTOR's responsibility .... ............ . 6.9.2 Copies of Documents .... .... ........ .... . .. .. 2.2 Correction Period ... . . ........ .... .. ... '3 12 Correction. Removal or Acceptance of Defective Work in genera :. .......... .... ........ ..0.4.1, 13.10-13.14 Acceptance of Defective Work ... .... . . .... .. 13.13 Correction or Removal of Defective Work ..... 6.10. 13. i : Correction Period ... .... ... ... .... ... ... .. 13.12 OWNER May Correct Defective Work . ... . . '3.:4 OWNER May Stop Work . . ... ... ... .... .. 11.IG Cost — of Tests and Inspections ... .... ... .... ... . . '3.4 Records .. ... .......• ... ... ..1.7 Cost of the Work- - Bonds and insurance, additional .... .... ... ..::4.5.9 Cash Discounts .... .... ... ... ... .... ... .. 11.4 2 CONTRACI'OR's Fee .... .... ... ... ... ... .. 11.6 Employee Expenses ... .... ... ........ .... . 11.4 5.1 Exclusions to ... ... .... .. ... .. . 11.4 General ... .... ... .... .... ... ... ... . 11.4-11.5 Home office and overheac expenses . .... ... .. . 115 Losses and damages ... .... .... . 11.4.4.6 Materials and equipment ... .... .... ... .... . 11.4.2 Minor expenses .. .... .... .... .... . . . 11.4.4.8 Payroll costs on changes .. ... ... .... 11.4.1 performed by Subcontractors . .... .... .... ... l t 4 Records ... .... .... .... . . . . . . . . . II.' Rentals of construction equipment and machinery 11.4 5 Royalty payments, permits and license fees ... 11.4.5.5 Site office and temporary facilities ...........1l. 52 Special Consultants, CONTR.ACTOR's .. . . 114 4 Supplemental . ... .... .... .... .... .... ... 114 5 Taxes related to the Work ... ... ... .... ... 114 5 4 Tests and Inspection ... .... .... ... ........ .... 13 4 Trade Discounts ... . ... .... .... ... ... 114.2 Ltilities. fuel and sanitan facilities . .... .... ... 11.4.5.7 Work after regular hours .. .... .... .... .. . 11.4.1 Covering Work ... .. . . . . ... ... ... 13.6.13.7 Cumulative Remedies ..... .... ... .... . . . 1'..4-17.1 Cutting. fitting and patching ........ .... .... '.2 Data, to be furnished by OWNER ............. .... .. 8.3 Day -definition of .. .... .... ... 11.2 .2 Decisions on Disputes .... .... ... . . . 9.1 1. 9.12 defective -definition of ..... .... ... .... .... .... . 1.14 defective Work - Acceptance of .. .... .... .... .... .... . 10.4.1. 13.13 Correction or Removal of .. .........10.4.1. 13.11 Correction Period .. .... .... .... . . ... 13.12 in general .... .......... .... .... .... 13 14 7. 14.11 Observation by ENGINEER ... .... .... .... ... 9 2 OWNER May Stop Work . .... .... ... .... ... 13 10 Prompt Notice of Defects .. ... ... ... .... 13 Rejecting .... ... .... .... .... .... ... ... 9.6 Uncovering the Work . .... .... .... .... .... ... 11.8 Definitions .. .... .... ................... ... ... ... I Delays .. .... ... ... ..... .... ... 4.1. 6.29. 12.3-12.4 Delivery of Bonds . . ... .... ......... .... ... .. 2.1 rlel,very of eert,6raie% of inuinnee _ _ _ _ _ _ _ . .. 2.7 Article or Paragraph Number Determinations for Unit Prices ........ ..... .... ... 9.10 Differing Subsurface or Physical Conditions Notice of ........... .................... ... 4.2.3 EN(i1NEER's Review ........ .... ... .... ... 4.2.4 Possible Contract Documents Change ......... ... 4.2.5 Possible Price and Times Adjustments .... .... ... 4.2.6 Discrepancies -Reporting and Reso;vtng .... 2 5. 3.3.2. 6.14.2 Dispute Resolution - Agreement ... .... ........ ... .... .......... 16.1-16.6 A-bitralion ... ... .... ... ........ .... ..... 16.1-16.5 general .... ... ... .... .. ... ... ..... .... .... 16 Mediation............................... .... ... .... .... .... . 16.6 Dispute Resolution Agreement ..... .... .... ... 16.1-16.6 Disputes. Decisions by ENGINEER .... ..... ... 9.11-9.12 Documents - Copies of . ... .... .... ............. ..... .... .. 2.2 Record .. ... ... ........ ... ............... .. 6.19 Reuse of . ... .... . . .... ............. ..... .. 3.� Drawings -definition of ... ........ ... .... ..... .. 1.15 Easements ... ... .... .... ... ... .... .... .... .4] Effective date of Agreement -definition of .... .... . 1.16 Emergencies ... .... .... .... ... .... ..... .... . 6.23 ENGINEER - as initial interpreter on disputes ... .... .... .. 9.11-9.12 definition of ....... .... ... .... ......... .... . 1.17 Limitations on authority and responsibilities .......... ... .... ..... .... 9.13 Replacement of .. . ........... .... .... .... ...... 8 2 Resident Project Representative .... .......... .... 9 3 ENGINEF.R's Consultant -definition of ......... ..... 1.18 ENGINEER's-- authonty and responsibility, limitations on ..... .... 9 13 Authorized Variations in the Work ... .......... ..... 9 5 Change Orders, responsibility for ........ . 9.7. 10. II. 12 Clarifications and Interpretations ......... .... 3 6.3. 9.4 Decisions on Disputes . .... ............. .... 9 11-9.12 defective Work, notice of ....... ........ ..... .... 13.1 Evaluation of Substitute Items .. .... .... ... ... 6.7.3 Liability ..... .... ......... ........ ......... 6.32. 9.12 Notice Work is Acceptable . .... ... ............. 14.13 Observations .... .... ............. ... ... &.30.2.9.2 OWNER's N ER's Representative .................. .... . 9. t Payments to the CONTRACTOR. Responsibility for ... ............. .... .. . 9.9. 14 Recommendation of Payment ... ......... .. 14.4. 14.13 Responsibilities - Limitations on .... ............ ............ 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ..... ......... ..... .... 4.2.4 Shop Drawings and Samples. review responsibility .. ......... ........ ..... ..... 6.26 Status During Construction - authorized variations in the Work .............. ... 9.5 Clarifications and Interpretations ..... ..... ..... . 9.4 Decisions on Disputes .... .... .... ..... .. 9.11-9.12 Determinations on Unit Price ........ ..... ...... 9 10 ENGINEER as Initial interpreter .... ....... 9.11-9.12 ENGINEER's Responsibilities ......... ..... 9.-9.12 1 I Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities....................................9.13 OWNER's Representative ......................... 9.1 Project Representative ...........4 .........::...... 9.3 Rejecting Defective Work .......................... 9.6 Shop Drawings, Change Orders and Payments....................................9.799 Visits to Site......................................9.2 Unit Price Determinations ........................... 9.10 Visits to Site.........................................9.2 Written consent required ......................... 7.2, 9.1 Equipment, Labor, Materials and ................... 6.3-6.5 Equipment rental, Cost of the Work ................ 11.4.5.3 Equivalent Materials and Equipment .................... 6.7 Errors or omissions...................................6.33 Evidence of Financial Arrangements ................... 8.11 Explorations of physical conditions ................... 4.2.1 Fee, CONTRACTOR's-Costs-Plus ................... 11.6 Field Order — definition of .......................................•. 1.19 issued by ENGINEER ......................... 3.6.1, 9.5 Final Application for Payment ........................ 14.12 Final Inspection......................................14.11 Final Payment — and Acceptance .............................. 14.13-14.14 Prior to, for cash allowances ........................ 11.8 General Provisions ............................... 17.3-17.4 General Requirements— defintion of.........................................1.20 principal references to .............. 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................17.1 Guarantee of Work —by CONTRACTOR .............................. 6.30, 14.12 Hazard Communication Programs ..................... 6.22 Hazardous Waste — definition of........................................1.21 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Indemnification ........................ 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules .......................... 2.9 Inspection — Certificates of ......................... 9.13.4, 13.5, 14.12 Final..............................................14.11 Special, required by ENGINEER .................... 9.6 Tests and Approval ........................ 8.7, 13.3-13.4 Insurance — Acceptance of, by OWNER ......................... 5.14 Additional, required by changes in the Work.................................11.4.5.9 Before starting the Work ............................. 2.7 Bonds and —in general ........ 4 . .......... ... 5 Cancellation Provisions .............................. 5.8 Certificates of .. 2.7, 5, 5.3, 5.4.1I, 5.4.13, 5.6.5, 5.8, 5:14, 9.13.4, 14.12 completed operations .............................. 5.4.13 CONTRACTOR's Liability ........................... 5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability 5.4.10 .............................. Article or Paragraph Number deductible amounts, CONTRACTOR's responsibility.....................................5.9 Final Application for Payment ...................... 14.12 Licensed Insurers ....................................5.3 Notice requirements, material changes..................................5.8, 10.5O Option to Replace..................................5.14 other special insurances ............................. 5.10 OWNER as fiduciaryfor insureds .............. 5.12-5.13 OWNER's Liability..................................5.5 OWNER's Responsibility ............................ 8.5 Partial Utilization, Property Insurance ............... 5.15 Property......................4................. 5.6.5.10 Receipt and Application of Insurance Proceeds .. 5.12-5.13 Special Insurance...................................5.10 Waiver of Rights...........5.11 Intent of Contract Documents .......................3.1-3.4 Interpretations and Clarifications ................. 3.6.3, 9.4 Investigations of physical conditions .................... 4.2 Labor, Materials and Equipment ....................6.3-6.5 Lands — and Easements......................................8.4 Availability of...................................4.1, 8.4 Reports & Tests ..................................... 8.4 Laws and Regulations —Laws or Regulations— Bonds...........................................5.1.5.2 Changes in the Work ................................ 10.4 Contract Documents ................. ................ 3.1 CONTRACTOR's Responsibilities ................... 6.14 Correction Period, defective Work .................. 13.12 Cost of the Work, taxes ......................... 11.4.5.4 definition of........................................1.22 general.............................................6.14 Indemnification................................6;31-6.33 Insurance............................................5.3 Precedence....................................3.1, 3.3.3 Reference to .................... .. 3.3.1 Safety and Protection ................ .. 6.20, 13.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Tests and Inspections ............................... 13.5 Use of Premises....................................6.16 Visits to Site.........................................9.2 Liability Insurance— CONTRACTOR's.................................... 5.4 OWNER's........................................... 5.5 Licensed Sureties and Insurers 5.3 ......................... Liens — Application for Progress Payment ................... 14.2 Contractor's Warranty of Title ....................... 14.3 Final Application for Payment ...................... 14.12 definition of........................................1.23 Waiver of Claims..................................1.15 Limitations on ENGINEER's authority and responsibilities.....................................9.13 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2 Maintenance and Operating Manuals — Final Application for Payment ...................... 14.12 Manuals (of others)-- Precedence.......................................3.3.3.1 I I I I I I I I I I I I I I I L I ' Article or Paragraph Article or Paragraph Number Number Reference to in Contract Documents ... ... .. 3.3.1 Inspections. tests and approvals ... .... .... .. 8.7. 13.4 Materials and equipment— Liability Insurance ..... ................ .......... .15;5 furnished by CONTRACTOR .... ... ........ ... .. 6.3 Notice of Defects ............. ... i I not incorporated in Work ... :4.2 Representative —During Construction. Materials or equipment —equivalent ...... ........ ... . 6.'t E.NGINEER's Status .......................... . 9.1 Mediation (Optional) .... .... ... ... ........ . . . 16.1 Responsibilities — Milestones --definition of ......................... 1.24 Asbestos. PCB's. Petroleum, Hazardous Miscellaneous— Waste on Radioactive Material ........ ......... 8 10 Computation of Times .. ... .... ... ........ 17.2 Change Orders .. ............. .... .......... . 8.6 Cumulative Remedies .... ... . . . . . .. . 17.4 Changes in the Work . 10.1 (living Notice ...... .. 17 1 communications .. . . .. . .. . 8.1 Notice of Claim ........ ...................... 17 3 CONTRACIOR's responsibilities ................8.9 Professional Fees and Court Costs Included .. . . . . . . 17.5 evidence of financial arrangements . . .. . .. . . . . 8.11 Multi -prime contracts inspections, tests and approvals .. .. 8? Not Shown or Indicated .. 4.3.2 Insurance .. 8.5 Notice of— lands and easements ............................ 8.4 Acceptability of Project ... ... ... ..4.:3 prompt payment by . ....................... .........8.2 3 on of .. ........ . . ... . Award. definiti.. . 1.25 replacement of ENGINEER .. ........ . Claim .. ... II.? reports and tests ..... .... ........ ........ 8 4 Defects . .... .... .. . ... ... ... .... ... ..... 13.1 stop or suspend Work ................. 8.8. 13 10. 15.1 Differing Subsurface or PFy sisal Conditions . ... ... 4 2 3 terminate CONTRACTORS services ......... 8.8. 15.2 Giving . .... ... .... ... ... 1 7.1 separate representative at site ..... ... . 3 Tests and Inspections ... . .... .... ... ... ... 13 3 independent testing ..... ............. ....... .. :3.4 Variation. Shop Drawing and Sample ... ... .. ... 6 27 use o: occupancy of the Notice to Proceed— Work ............. ..... 5.15. 14.10 definition of ... .... ...... ......... I.26 written consent or approval giving of ... .... ........ .. .. 2.3 required .............. ................ 9.1. 6.3, 11.4 Notification to Sul et% ..... ... ....•.:o.s written notice Observations. by ENGINEER ... ......... 6.30. 9.2 required ........ 7 1, 9.4.9.11, 11.2. '19.14.7, 15.4 Occupancy of the Work . .... ... ... 5.15. 631)2.4. 14.10 PCBs — Omissions or acts by CONTRACTOR ... . ... 6 9, 9.11 definition of ....... ............ ......... ..... .. 1.24 •'Open peril" policy form. Insurance .... ... .. ...5.6 2 general ..... ... .................. .. 4..5 Option to Replace .... ... ... .s.14 OWNER's responsibility for ......................RIO "Or Equal" Items .. .... . ... ... .. ... . 6' Partial Utilizalion— Other work . .... .... ... ... ... definition of 1.28 Overtime Work —prohibition of ... . 6.3 general . ... ... ... .................... 6.30.2.4. 14 10 OWNER— Property Insurance ..... 5.15 Acceptance of defects a Work . ... . 13.13 Patent Fees and Royalties ......... ................. 6.12 appoint an ENGINEER . 8.2 Payment Bonds .... ... ........'............ 5.1-5.2 as fiducian 5 12-s 13 Payments. Recommendation of ......... 14.4.14', 14.13 Availability of Lands. responsibil-iy ... .. ... I Payments to CONTRACTOR and Completion — definition of .. .... . . . 1 .' Application for Progress Payments ..... .......... . 14.2 data. furnish .... 8.3 C ONTRAC OR's Warranty of Title ............... . 14.3 May Correct Defective Work . .... .... 13.14 Final Applicalion for Payment ............... ...... 14.12 May refuse to make payment ... ... .. ; 4.7 Final inspection ... ........................... 4... 14.11 May Slop the Work ... ... .. . 13.10 Final Payment and Acceptance .... .......... 14 13-14.14 may suspend work. general ...... ... .... ........ ..................8.3,14 nate termi....... .... . . 8 8, 13 10. 15.1-I5.4 Partial Utilization ........... .............. ....... 14.10 Payment, make prompt ... .... ... 8.3, 14 4, I4 13 Retatnage .. ........ ............. ......... ....... 14. 2 performance of other Work ... . . .. ... ... . .'.I Review of Applications for Progress. ... permits and licenses. requirements . .... .. 6.13 Payments ............................... 14.4-14,7 purchased insurance requirements 5.6.5,10 prompt payment ...........................8.3 OWNER's— Schedule of Values .............. .... .......... ... 14.1 Acceptance of the Work .... ... ... 6.10.2.5 Substantial Completion .......... .............. 14.8-14.9 Change Orders. obligation to Waiver of Claims ....... ............ ........ . 14.15 execute ...... .... 8 6. 10.4 when payments due ......... ... ............ 14.4. 14.13 Communications . ... .... ... g I withholding payment . ............. ................ 14.7 .. ... Coordination of the Work ......14 Performance Bonds ........ 5 1.5 2 Disputes, request for decisior•. . .9 11 Permits ........ ......... ........ ......... ...... 6.13 1 9 E E Article or Paragraph Number Petroleum — definition of ........................................ 1.30 general.............................................. 4.5 OWNER's responsibility for ........................ 8.10 Physical Conditions — Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's review .............................. 4.2.4 existing structures .................................. general............................................4.2.1.2 Subsurface and.......................................4.2 Underground Facilities ............................... 4.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings .............................. 4.2.1 Notice of Differing Subsurface or, .................. 4.2.3 Subsurface and......................................4.2 Subsurface Conditions ............................ 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ................... . 4.2.2 Underground Facilities— general..........................................4.3 Not Shown or Indicated ....... .. 4.3.2 Protection of ...................6. ...... .. 4.3, 6.20 Shown or Indicated ............................ 4.3.1 Technical Data......................................4.2.2 Preconstruction Conference ........................ ... 2.8 Preliminary Matters.......................................2 Preliminary Schedules..................................2.6 Premises, Use of ...:............................. 6.16-6.18 Price, Change of Contract ............................... II Price, Contract —definition of .......................... 1.11 Progress Payment, Applications for .................... 14.2 Progress payment—retainage .......................... 14.2 Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Project —definition of..................................1.31 Project Representative— ENGINEER's Status During Construction ............ 9.3 Project Representative, Resident —definition of......................................1.33 prompt payment by OWNER ............................ 8.3 Property Insurance Additional...........................................5.7 general .......:.................................. 5.65.10 Partial Utilization ........................... 5.15, 14.10.2 receipt and application of proceeds .................................. 5.12-5.13 Protection, Safety and .....................:. 6.20-6.21, 13.2 Punch list .............................. ... 14.11 Radioactive Material— , definition...........................................1.32 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Recommendation of Payment .............. 14.4. 14.5, 14.13 Record Documents ............................. 6.19, 14.12 Records, procedures for maintaining ..................... 2.8 Reference Points.......................................44 Reference to Standards and Specifications of Technical Societies................................3.3 Article or Paragraph Number Regulations, Laws and (or) ............................ 6.14 Rejecting Defective Work ............................... 9.6 Related Work — atSite ........................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................. 6.28 Remedies, cumulative ............................ 17.4, 17.5 Removal or Correction of Defective Work....................................13.11 rental agreements, OWNER approval required......................................11.4.5.3 replacement of ENGINEER, by OWNER .............. 8.2 Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2 Reports- - and Drawings......................................4.2.1 and Tests. OWNER's responsibility .................. 8.4 Resident Project Representative — definition of........................................1.33 provision for.........................................9.3 Resident Superintendent, CONTRACTOR's ............. 6.2 Responsibilities— CONTRACTOR's-in general ........................... 6 ENGINEER's-in general ............................... 9 Limitations on ................................. .. 9.13 OWNER's-in general..................................8 Retainage.............................................14.2 Reuse of Documents...................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.25 Review of Applications for Progress Payments .. .... .. 14.4-14.7 Right to an adjustment.................................10.2 Rights of Way..........................................4.1 Royalties, Patent Fees and ............................. 6.12 Safe Structural Loading ............................... 6.18 Safety — and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 general........................................6.20-6.23 Representative, CONTRACTOR's ................... 6.21 Samples — definition of ........................................ 1.34 general ........................................ 6.24-6.28 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER ....................... 6.26, 6.27 related Work........................................6.28 submittal of.......................................6.24.2 submittal procedures................................6.25 Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6, 2.8-2.9, 6.24-6.28 Schedule of Values ........................ 2.6, 2.8-2.9, 14.1 Schedules — Adherence to.....................................15.2.1 Adjusting............................................6.6 Change of Contract Times .......................... 10.4 Initially Acceptable ...............................2.8-2.9 Preliminary .......................................... 2.6 Scope of Changes ..............................10.3-10.4 Subsurface Conditions .............................. 4.2.1.1 Li I I I L I I I I I I I I L I 10 I I ' Article or Paragraph Article or Paragraph Number Number Shop Drawings— Substitute Items ..... .... .... ........ ..... . 6.7.11 and Samples, general . ..... .... ... ........ . 6.24-6.28 Subsurface and Physical Conditions— ' Change Orders & Applications for Drawings of. in or relating to .. .. ... ..... ... 4.2.1.2 Payments, and .... .... . . ... .... . 9.1 9.9 ENGINEER's Review ........ ... ....... . ... 4.2.4 definition of ..... .............. .... ........ ... . 1.35 general ........ ... .... ... .... .... .... ..... .. 4.2 ' ENGINEER's approval of . ... .... .... ... .. . 3.6.2 Limited Reliance by CON TRACTOR ENGINEER's responsibility Authorized .. .... .... ........ .... ..... ...4.2.2 for review .... .. . .... .... .... ..... 9 7. 6.24-6.28 Notice of Differing Subsurface or related Work ...... .... .... .... .... ... . . .. 6.28 Physical Conditions .... .... ... ... . .. ..... .. 4.2.3 review procedures .... .... ... ... ... 2 8. 6.24-6.28 Physical Conditions .... .... .... ........ ........ 4.2.1.2 submittal required ........ .... .... ... ... ... . 6.24.1 Possible Contract Documents Change ......... .. 4.2.5 Submittal Procedures .. .... .... ............ ... 6.25 Possible Price and Times Adjustments ... ......... .. 4.2.6 use to approve substitutions ... ........ .... ... 6 7 3 Reports and Drawings ......... .... ... .... .... .. 4.2.1 ' Shown or Indicated . .... ... .... ........ ... .. 4 3 1 Subsurface and ..... .............. . . .... ....... 4.2 Site Access .... .............. .... ... ... .... 7 2. 13 2 Subsurface Conditions at the Site .... ... .... .. 4.2.1.1 Site Cleanliness .......... ... ... ... ........ .... 6.17 Technical Data ........ ......... .... .... ....... 4.2.2 ' Site, Visits to— Supervision-- _ by ENGINEER .... .... ... .... ... ... ... 9.2_, 13 2 CONTRAC'TOR's responsibility ........ .... .... . 6.1 by others .... .... ......... .... .... ...... ... 11.2 OWNER shall not supervise ....... .... .... .... 5.9 "Special causes of loss" policy for -n. insurance .... .. 5.6.2 ENGINEER shall not supervise .. ......... 9.2. 9.17.2 Specifications— .. .. Superintendence ... ............. ... ... .... .... 6 2 definition of ................ ... 1.36 Superintendent. CONTRAC1OR's resident .. 6.2 of Technical Societies, reference to ............ ... 3.3 I Supplemental costs .. ......... ... .... . . ...... I 1 4.5 precedence .. .......... .... .... ... ... ... ... 1.3.3 Supplementary Conditions — Standards ' and Specifications of Technical definition of .... .... .... .... .... 139 Societies .......... .... .... .... ... 3.3 principal reference to ... 1 10. 1.18. 2.2. 2.7.4 2. 4 3, S.I, Starting Construction, Before .. ... ....... s s 2 8 5.3, 5.4, 5 6-5 9. 5 11, 6 8, 6 13.7 4. 8 11, 9.3, 9.10 ' Starting the Work .. .... .... ........ ... . . .. . 2.4 Supplementing Contract Documents 3.6 Stop or Suspend Work— Supplier — by CONTRACTOR ... .... . . ........ ... .... . 15.5 aefinition of ..... .. . ........... ....... .. 1.40 by OWNER .. .... ........ .... .... 8.8. 13.10. IS I principal references to .... ... ... .... 3.7,, 6.5.6.8-6.11, ' Storage of materials and equipment . ... ... ... 4.1.7.2 6.20. 6.24. 9.13. 14-12 Structural Loading. Safety ........ .... ........ .. 6.15 Waiver of Rights ....... ... ............. .... ... 6.!1 Subcontractor— Surety — Concerning. .. .... .... .... .... ....... . 6 8-6.I I consent to final payment .. .... ........ .... 14.12, 14.14 ' definition of ...... .... . . ... .... ........ ... 1 37 ENGINEER has no duty to .. .... ........ ..... delays .. .... ..... .... .... .... . . ... ... .... 1_ 3 Notification of .... .... .... .... ... ... 10.1, 10.5. 15.2 waiver of rights .... .... ... .... .... ... .... ... 6 II qualification of ... .... .... .... ........ ..... . 5.1`.3 ' Subcontractors —in general ...... . .. 6.8-6.11 Survival of Obligations . .... . _ .. 6 34 Subcontracts —required provisions 5.11, 6,11. 11.4.3 Suspend Work, OWNER May ............... 17.10. 15.1 Submittals— Suspension of Work and Termination— .. . .. 15 Applications for Payment . . .... ... ........ .. 14,2 CONTRACTOR May Stop Work or ' Maintenance and Operation Manuals ... .. ... .. 14.12 Terminate ............... ........ .... ..... I5 5 Procedures ..... .... .... .... .... ........ . 6.25 OWNER May Suspend Work .... ... .... .. .. .. IS.1 Progress Schedules ..... .... ... ......... . 2.6. 2.9 OWNER May Terminate .... ........ ... .... 15.2-15.4 Samples .. .... .... .......... ... .. .. 6.24-6.28 Taxes -Payment by CONTRACTOR . .... .... .... ...6.15 '• Schedule of Values .... .... .... .... ... .. 2.6. 14.1 Technical Data — Schedule of Shop Drawings and Limited Reliance by CONTRACTOR ....... .... . . 4.2.2 Samples Submissions ... ... ... .... 2 6. 2 8-2 9 Possible Price and Times Adjustments . ........ 4.2.6 Shop Drawings .... .... .... .... ... 6.24-6.28 Reports of Differing Subsurface and Substantial Completion— Physical Conditions ........ .... ......... .... . 41.3 certification of ...... .... ... .... .. 6.30.2.3. 14.8-14.9 Temporary constriction facilities ........ .... ....... 4 definition of ... .... .... ............ . .. .. 1.38 Termination— ' Substitute Construction Methods or Procedures . 6.t2 by CONTRACTOR .... .... ... .... ... 15.5 Substitutes and "Or Equal" Items . .... .... ... .. . 6.1 by OWNER .. ... .... ............. .... 8.8, 15.1-15.4 CONTRACTOR's Expense ........ .... ... ... 6.7.1.3 of ENGINEER's employment . .... ......... .... . 8.2 ENGINEER's Evaluation .. ... ........ ........ 6 7 3 Suspension of Work-in general ........... .... .... 15 "Or -Equal" ............... .... .... ... .... .... 6 7 1 Terms and Adjectives .. .... .... .... .... .......... 3 4 Substitute Construction Methods of Procedures .... 6.7.2 Tests and Inspections — F I Article or Paragraph Number Access to the Work, by others ...................... 13.2 CONTRACTOR's responsibilities ...........13.5 costof..............................................134 covering Work prior to ......................... 13.6.13.7 Laws and Regulations (or) .......................... 13.5 Notice of Defects...................................13.1 OWNER May Stop Work .......................... 13.10 OWNER's independent testing ...................... 13.4 special, required by ENGINEER ..................... 9.6 timely notice required ............................... 13.4 Uncovering the Work, at ENGINEER's request ....................................13.8-13.9 Times— Adjusting............................................66 Change of Contract ................................... 12 Adjusting............................................6.6 Computation of.....................................17.2 Contract Tines —definition of ....................... 1.12 day................................................17.72 Milestones .......................................:... 12 Requirements— appeals..........................................16 clarifications, claims and disputes ............................. 9.11, 11.2, 12 commencement of contract times ................... 2.3 preconstruction conference ......................... 2.8 schedules.................................2.6, 2.9, 6.6 starting the Work ................................... 2.4 Title, Warranty of.....................................14.3 Uncovering Work................................13.8-13.9 Underground Facilities, Physical Conditions — definition of........................................1.41 Not Shown or Indicated ............................ 4.3.2 protection of...................................4.3, 6.20 Shown or Indicated................................4.3J Unit Price Work— claims............................................11.9.3 definition of........................................1.42 general...................................1.9, 14.1, 14.5 Unit Prices — general ........................................... 11.3.1 Determination for ............................. .. 9.10 Use of Premises ........................6.16. 6.18, 6.30.2.4 Utility owners ......................6.13. 6.20, 7.1-7.3, 13.2 Article or Paragraph Number Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10 Value of the Work ..................................... 11.3 Values, Schedule of ....................... 2.6, 2.8-2.9, 14.1 Variations in Work —Minor Authorized................................6.25, 6.27, 9.5 Visits of Site —by ENGINEER ......................... 9.2 Waiver of Claims -on Final Payment ............................................ 14.15 Waiver of Rights by insured parties ............... 5.1 1, 6.11 Warranty and Guarantee, General —by CONTRACTOR ....................................6.30 Warranty of Title, CONTRACTOR's ................... 14.3 Work — Accessto ........................................... 13.2 byothers, ............................................. 7 Changes in the.......................................10 Continuing the . ..................................... 6.29 CONTRACTOR May Stop Work or Terminate...................................15.5 Coordination of......................................7.4 Cost of the.....................................11.4.11.5 definition of........................................1.43 neglected by CONTRACTOR ...................... 13.14 otherWork............................................7 OWNER May Stop Work ..........................I3.10 OWNER May Suspend Work ................. 13.10, 15.1 Related, Work at Site .............................7.1-7.3 Starting the..........................................2.4 Stopping by CONTRACTOR ........................ 15.5 Stopping by OWNER ..........................15.1-15.4 Variation and deviation authorized, minor...........................................36 Work Change Directive — claims pursuant to..................................10.2 definition of ........................................ 1.44 principal references to .................... 3.5.3, 10.1-10.2 Written Amendment — definition of........................................1.45 principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations ........................... 3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 11.2, 12.1 by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 I I' I I I I I I I I I I I L 12 I I I I I I I H I H Li I I I I I GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Additicns Sc I Wherever used in these Generar Conditions or in :he other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plt.ral thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein 13 Appliration for Payment —The form accepted by EN- GINEER which is to be used by CON TRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the ('ontract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releas:ng asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to Sc performed. 1.6. Bidding Documents —The advertisement or imrtatior to Bid, instructions to bidders. the Bid form, and the "r000sed Contract Documents (including al: Addenda issued prior to receipt of Bids). 17 Bidding Requirements —The adver,:sement or ,nvia- tion to Bid. instructions to bidders. and the Bid form 1.8. Bonds —Performance and Payment bonds and other instruments of security 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Wcrk, or an adjustment in the Contract Price or :he Contract Times. issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement. Addenda (which pertain to the Contract Documentsi. CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement. the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree- ment, together with all W ntten Amendments. Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5. 3.6.1. and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. I.I I. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement isubject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion. and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's wntten recommenda- tion of final payment in accordance with paragraph 14.13 1 13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 114. deJec rite —An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient, in that it does not conform to the Contract Docu- ments. or does not meet the requirements of any inspection. reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGI- NF.ER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope. extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so defined. 116 Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date :s indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.11. ENGINEER —The person, firm or corporation named as such in the Agreement. I I8. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional assoaate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1 13 I 1.20. General Requirements —Sections of Division I of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies. agencies, authorities and courts having jurisdiction. 1.23. Liens —Liens, charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone —A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward—The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. NoticetoProceed—AwrittennoticegivenbyOWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and oh which CONTRACTOR shall start to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material -Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials,equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. - 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. r I I I I I I I I I LI I I I I C 14 C I L I I ri J J H I J I'H I Ll I L u I 1.43. Work —The entire completed construction or the var ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating matenak and equipment into :he construction, and performing or furnishing sen.ces and furnish-ng docu- ments. all as required by the Contract Documents 1.44. Work Change Dirernir—Awnttendirective toCON- TRACTOR. issued on or after :ne Effective Date of :'re Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or -evision in the Work, or responding to differng or unforeseen, physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4. r or to emergencies under paragraph 6 2 t. A Work Change Directive will not change the Contract P -ice or the Contract Times. but is evidence that the parties expect that the change directed or documented by a Work Change Drrec- ttve will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect. if any, on the Contract Price or Conlrac Times as provided in paragraph 10.2. 1.45. Written .Amendment —A written amendment of the Contract Documents, signed by OWN ER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineenng or nontechnical rather Than strictly construction -related aspects of the Contract Docu- ments ARTICLE 2 —PRELIMINARY MiA'I"1 ERS Defirery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may 'e required to furnish in accordance with paragraph s.l. Copies of Documents: Add,t_on see SC2.2 2.2. OWNER shall furnish to CONTRACTOR up to ten copies :unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work Additional copies will he furnished. upon request. at the cost of reproduction. Commencement of Contract Times, ,Vonce Lo Proceed: 2.3- The Contract Times will commence to rur an the thirti- eth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed A Notice to Proceed may be given at any tine within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement. whichever date is earlier. Starting the Wbri: 2,4. CONTRACTOR shat: start to perform the Work on the date when the Contract Times commence to run. but no Work %ha.l he done at the site poor to the date on which the Contract Times commence to run. Before Starting Constraekon: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CON TRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby. however. CONTRACTOR shall not be iable to OWNER or ENGINEER for failure to report any conflict. error. ambiguity or discrepancy in the Contract Doc- uments. unless CONTRACTOR Knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- men:Iunlessotherwise specified in the General Requirements). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times' numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified ir. the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam: p'e submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal. 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.1. Before any Work at the site is started. CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions. certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are -equired to purchase and maintain in accordance with para- graphs5.4.5.6and5.7. Addition see SC 2.' Preconstnncmn Conference: 2-8 Within twenty days after the Contract Times start to run. but before any Work at the site is started, a conference I IS attended by CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Inimlly Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACPOR's ful l responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR'S schedule of values will be acceptable to - ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. ' 3.3. Reference to Standards and Specfftcalons of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: • 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or I I I I I I I I I I I 3.3.3.2. the provisions of any such Laws or Regu- lations applicable - to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of O WN ER, CONTRACTOR or ENG IN EER, or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER. ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or I I L 16 H. I I I I I I I Li I I I I performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered." "as directed." "as required;"as allowed." "as approved" or terms of like effect or import are used, or the adjectives"reasonable; "suitable," "acceptable." "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work. it is intended that such requirement. direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not he effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Conbmti Documents: 3.5. The Contract Documents may he amended to pmvide for additions. deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment. 3.5.2. a Change Order )pursuant to paragraph 10.4). or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented. and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.51. 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6 26 and 6.271. or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER 0) shall not have or acquire any title to or ownership rights in any of the Drawings. Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (it) shall not reuse any of such Drawings. Specifications. other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS, SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS Availability of lands: 4.1. OWNER shall furnish, at indicated in the Contract Documents, the lands upon which the Work is to be performed. rights -of -way and easements for access thereto. and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request. OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to he performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWN ER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Coadi io as: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. PhysicalConditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. ' I7 C 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in Paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated.: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on I I I I I I I' I I [I I I.1 I I I II L 18 I J H I Ii I H I I J I I I information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4-3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- lion or data; and 4.3.1.2. The coat of all of the fol'owing wiiI be included in the Contract Price and CONTRACTOR shall have full •espon- sibikty for. Ill reviewing and checking all such information and data. lii) locating all Underground Facilities shown or indicated in the Contract Documents. mini coordination of the Work with the ownersof such Underground Facilities dunng con' lruction. and Irv) the safety and protection of all such Underground Facilities as provided :n paragraph 6.20 and repairing any damage thereto resulting from the Work 4.3.2 Not Shown or fndicated - If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the ('onlract Documents. CON. TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection :herewith lexcept in an emergency as required by paragraph 6.2_3). identify ::ie owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent. if any. to which a change is required in tFe Cont-act Documents to reflect and document the consequences of the existence of the Underground FacPdy. If FNGINEFR con- cludes that a change in the Contract Documents is regained. a Work Change Directive or a Change Order will !c issued as provided in Article 10 to reflect and document such conse- quences. During such time, CONTRACTOR shall :'e respon- sible for the safety and protection of .uch U nuerground Facility as provided in paragraph 6 20 CONTRACTOR shall he al- lowed an increase :n the Contract Price of an extension of the Contract Times. of both, to the extent :hat they are attributable to the existence of any Underground Facility tha: was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to he aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjustment ir. Contract Price or Contract Tames. CONTRACTOR may make a claim therefor as provided in Articles II and 12. However, OWNER. ENGINEER and ENGINEER's Consultants shall not he liable to CONTR 8L'TOR for any claims. cos: s, osses or damages incurred or sustained by ('ONrRACfOR on or in connection with any other project or anticipated Cro)ect ' Reference Points: I I 44. OWNER shall provide engineering su- eys :o estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or -elocations without the prior written approval of OWNER. CONTRAC- TOR TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos. PCBs, Petroleum, Hazardous Waste or Ratio - active Material: 4.5.1. OWNER shall be responsible for any Asbestos. PCBs, Petroleum. Hazardous Waste or Radioactive Ma:enal uncovered or revealed al the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR. Subcontractor. Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: lii stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quited by paragraph 6.23). and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action. if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: Ii) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (it) specifying any special conditions under which such Work may be resumed safely If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any. in Contract Pnce or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed. either party may make a claim therefor as provided in Articles Ii and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe. or does not agree to resume such Work under such special conditions. then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment. if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles II and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7 45 4 To the fullest extent permitted by Laws and Reg- ulations. OWNER shall indemnify and hold harmless CON- TRACTOR. Subcontractors, ENGINEER, ENGINEERS ' 19 L Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5 —BONDS AND INSURANCE Additions see SC -5.1.1 and 5.1.2 Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau ofiGoveroment Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. Replacement see SC 5.2 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the juris- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. Additions see SC 5.3.1 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other addi- tional insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7 hereof. Revision see Sc 5.3.2 CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. C I I I I I I I I LI I I I I I E C F I I I H I I I I I 71 I I IH I II H The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5 4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER. ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall a listed as additional insureds. and include coverage for the respective officers and employees of all such additional insureds: 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by laws or Regulations. whichever is greater; 5.4.9. include completed operations insurance 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12. 6.16 and 6.31 through 6.33: 5.4.11 contain a provision or endorsement that the coverage afforded will not be cancelled. materially changed or renewal refused until at east thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- vide): 5.4.'.2. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may he correct- ing, removing or replacing defective Work in accordance with paragraph 13.12: and 5.4.13. with respect to completed operations insurance. and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment land CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). Addition see SC 5.4-]4 OWNER's Iiabdity lirsrunnre: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4. OWNER. at OWN option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Replacement see SL 5. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Con- ditions. OWNER shall purchase and maintain property incur - Replacement see Sc 5.6 ance upon the Work at the site in the amount of the full replacement cost thereof tuubject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the interests of OWNER, CONTRAC- TOR. Subcontractors, ENGINEER. ENGINEER's Con- st.ltanis and any other persons or entities identified in the Supplementary Conditions. each of whom is deemed to have an insurable interest and shall be I:sted as an insured or additional insured: 5 6.2. he written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings. falsework and Work in transit and shall insure against at least the following perils fire, lightning, extended coverage, theft. vandalism and malicious mischief, earthquake. collapse, debris removal. demolition occasioned by enforcement of Laws and Regulations, water damage. and such other perils as may be specifcaily required by (he Suppiementary Conditions: 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects); 5 6,4 cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work. provided that such materials and equipment have been included in an Applica- tion for Payment recommended by ENGINEER: and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER. CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR, Subcontractors. ENGINEER. ENGINEER'S Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. Replacement see SC 5.7 5.8. All the policies of insurance land the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5 I1. I 5.9. OWNER shall not be. responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. Delete 5.10 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in. writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's. Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 22 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER'sCon- sultants and the officers, directors, employees and agents of any of them. Receipt and Action of Insurance Proceeds Delete 5.12 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Delete 5.13 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. Acceptance of Bonds and Insurance; Option to Replace 5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was I I I L I I I II I C I I L L I I Ii II I I I n I I I I I I I L1 required to provide such coverage. and a Change Order shah be issued to adjust the Contract P•ice according y. Fartial f'd uwon—Pmperry !its urance: .'.1`. If OWNER finds it necessary to occury of use a portion or p rtn'ns of the Nork pi mi to Substantial Completion. of all the Work. such use er accupares may he accomplished in accordance with paragraph l a Ill. prov Wed that no such use or occupancy sha I commence :'fore the msarers cnniding the properly insurance have acknowledged notice the-eof and n writing effected any changes in cove -age necessitated there`y. The insurer providing the property .usurance steal :amen: by endorsement on the policy or plies', hit? the property nsur- ance shall not he cancelled or permitted to lapse rn asount of any such partial use o- occupancy ARTICLE (>—CUNTRACTU)R'S RLSPONSIBIL:TIES Supervision and .Superintendence: 6 I CONTRACTOR shall st.pe•vise. suspect and drect the Work competently and etviciently. devoting such attention thereto and applying such sot Is and cxper-ise as may he necessary to perform the Work in aa.oidance w.th the Con- tract Documents. CONTRACTOR s'ial. he sole.s resprts'ble for the means. Inethyvls techniques. sequences an.: rrircedures of construction. but CON'I R.AClOR shall sot be responsible for the negligence of others ir. the design or specification o' a specific means, method. lechrique. scgaence or procedure of construction which rc shown or indicated in and expressly required by the Contract Do umer.ts. CONTRACTOR s'ial' `-le responsible to see that the completed Wo:k complies a.:ct-- rately with the Contract Documents 62 CO NTR.ACTOR shad keep an the work at as times during its progress a competent resident superintendent. who shall not he replaced without written route to OWNER and ENGINEER except undo- extraorainary cricumst:mces. The superintendent will he CONTRACTOR'S representat:%e at the site and shall have authority to act on behalf of ('UNTRAC- TOR. A:I communications to the superintendenl s:ial. he as binding as if given to CONTRACTOR. labor..Wateriads and Equipment 6 ;('ONTRACTORsha'Ipro' idecompetert.suital' h qual- ified personnel to surrey. lay out and construct :lie Work as required by the Con'ract Documents. CONTRACTOR hall at all times maintain good disc pine and order at the sire. Except as otherwise required for the safets or protectior of ,orlon' or the Work or properly at the site or adjacent thereto. and except as otherwise'ndicated in the Contract tkicuments. all Work at the site shall be performed dt.rng regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday. Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER - 6.4. unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sihilny for all materials, equipment, labor, transportation, con- struction equipment and machinery. tools. appliances. fuel. power. light. heat. telephone, water. sanitary facilitiestempo- ran facilities and al! other facilities and incidentals necessary for the furnishing, performance, testing. start-up and comple- lion of the Work. 6.s. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWN ER If required by ENGINEER. CONTRACTOR shall fum:sh satisfacton evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materals and equipment shall be applied, installed, connected, erected. used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as other' ise pro 'ded in tae Contract Documents. Progress .Schedule: h.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6 1 CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro - nosed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjtct- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12 I. Such adjustments may only be made by a Change order or Written Amendment in accordance with Article 12. Addit_ori see SC 6.6 6.7. Sdxshtutes and "Or-EquuP' /tears: 67 I Whenever an item of material or equipment is specified or described in the Contract Documents hy' using the name of a proprietary item or the name of a particular Supplier. the specification or description is intended to establish the type- function and quality required. Unless the specification or description contains or is followed by words -eading that no like. equivalent or "or -equal' item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENO IN F. ER under the following c ircumstance s: I I 23 I 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: I- f in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General. Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar, in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of jhe proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or -indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such L1 I I I I I I I I I I I J J I I I FM LI I11 I I I I I I I I I `i I H I I substitution and an appropriate Change Order wil' he issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any -fight of OWNER or ENGINEER to reject di/easy.' Work. 691 CONTRACTOR shall he fu.h responsible to OWNER and ENGINEER for all act% and cmnsiuns of the Subcontractors. Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- FRACrOR is responsible for CONTRACTOR'. owrr acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such SobcoriraCor, Sup;l•er or other person or orgamzatie.n ary contrai;.ial relat:onsvc between OWNER or ENGINEER and any such Subcon- tractor. Supplier or other person or organization. ro- sha1 it create any obligation or the par. of OWNER or ENGI- NEER to pay or to see to the pavment of any mt.neys due any sach Subcontractor Supplier o- other person or organi- zation except as may otherwise be required by Laws and Regulations 6.9.2. CONTRACTOR shall be solely responsible for scheduling an.: cuoidinatine the Work of Si.hcontractors. Suppliers and other persons and oreanizatenc performing or furnishing any of the Work under a drect or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors. Suppliers and such other persons and ortCmiza- tions performing or furnishing any of the Work :c communi- cate with the ENGINEER through CONTRACTOR. 6.0. The divisions and sections of the Specifications and the identifications of any Drawings shad not control CON- TRACTOR ir. disidmg the Work among Subcontractors or Suppliers or delineating the Work to be pertormed by any specific trade. 5.11. All Work performed for CONTRACTOR by a Sib - contractor or Surplier soil he pursuant to an appropriate agreement between CON rR ACTOR and the Subcontractor or Supplier which specifica; ly hinds the Subcontractor ur supplier to the applicable terms and condrnnrs of the Centrac: Docu- ments for the benefit of OWNER and ENGINEER Whenever any such agreement is w ith a Subcontractor or Supplier who is listed as an additional nsured on the property insurance provided :n paragraph 5 6 or 5 7. the agreement setweer. the CONTRACTOR and :he Subcontractor or Supplier vita con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER. CONTRACTOR. ENGINEER. ENGINEER's Consultants and all other additional insured% for all losses and damage% caused by. amirg out of or -esult:ng from any of the penis co%eied by such policies and am ether property insurance applicable :o the Work If the insurers on any such policies -equine separate waiver forms to be signed by any Subcontractor or Supplier. CONTRACTOR sod cshtain the came. Patent Fees and Royafdes: 6.I2. CONTRACTOR shall pay a0 license fees and loyal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design. process, product or device which is the subject of patent rights or copyrights held by others. If a particular •nvention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harm- less OWNER. ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits: 613. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR %hail obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable at the time of opening of Bids, or. if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as p.ant investment fees. Laws and Regulations: 6 1a I CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise express'.y requiredby applicable Laws and Regulations. neitherOW NER nor ENGINEER shall be responsible for monitoring CON- TRACTOR'S compliance with any Laws or Regulations. 6 14 2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs, losses and damages caused by. arising out of or resulting therefrom; however, it shall not be CONTRACTOR'S pn- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR'% obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer. use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of L '5 C the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. - Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of .1 • the Work, these record documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and I _I '1 I I I. 11 26 I I H [J I I I II II iJ I I I Li Li P Li I I responsibilities shall be the prevention of accidents and the maintaining and supervising of safety rrecautions and pro- grams. Hazard Comarunicadon Programs 6.22. CONTRACTOR shall he responsih;e for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the sire or adjacent thereto, CONTRACTOR. without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage. injury or loss. CON- TRACi'OR shall give ENGINEER prompt written notice if CONTRACTOR believes That any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change 'n the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency. a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Slap Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will he identified as ENGINEER may require and in the member of copies specified in the General Requirements. The data shown on the Shop Drawings will he complete with respect to quanti- ties, dimensions, specified performance and design criteria. materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6 26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals Each Sample will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submits! Procedurn: 6.25.1. Before submitting each Shop Drawing or Sam- ple. CONTRACTOR shall have determined and ventied& 6.25.1.1. all field measurements, quantifies, dimen- sions. specified performance criteria, installation require- ments, materials. catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use. fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work. and 6,25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR'S obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 62-5.3 At the time of each submission. CONTRACTOR shall give ENGINEER specific written notice of such vari- ations. if any. that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents. such notice to be in a written communication separate from the submittal. and. in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 626. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as we- gt.ired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work. conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means. methods. techniques. sequences or procedures of construction except where a particular means. method. technique. se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.21. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract I Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such. variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9. any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30. CO%TRACTOR's General Warranty and Guarantee: Addition — See SC 6.30.3. 6.30.1. CONTRACTOR warrants and guarantees to OWNER. ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC-. TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; - 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Addition See SC 6..30.3 Indemnification; 6.31. To the fullest ex�ent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person orentity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obbgations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with I ii II I. II I I I I I 0 I H I I I I1 I H I I I I I I the Contract Documents. as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment. completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Adds tiotis see SC '.5 Related Wor* at Site: 7.1. OWNER may perform other work re!ated to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to he performed was not noted in the Contract Documents. then (i) written notice thereof will he given to CONTRACTOR prior to starting any such other work, and iiii ('ONTRAC- TOR may make a claim therefor as provided in Artic:es II and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7,2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER. if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents. CONTRACTOR shail do all cutting. fitting and patching of the Work that may he required to make its several parts come together properly aid inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting. excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7. CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays. defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR'S Work. CONTRACIOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration w dh CONTRACTOR'S Work except for latent or nonapparent defects and deficiencies in such other work. Coadraahon: 1.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified: 7 4 2 the specific matters to be covered by such author- ity and responsibility will be itemized: and 74.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 —OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions. OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.) and 4.4. Paragraph 42 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. Delete 8.5 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13.10 and 15 I Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. II 29 ii 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER wilt be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations. ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER'S visits and on -site observations are subject to all the limitations on ENGINEER'S authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. Clanfications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article II or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof. OWNER or CONTRACTOR may make a written claim therefor as provided in Article II or 12. Rejecting Defective Work: I I 1 L� flI 1 • 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or I 30 1 I I I I I I I U I I I I H [l I that ENGINEER believes wili not produce a completed Project that conforms to the Contract Documents or that w ill prejudice the integrity of the design concept of the completed Proiec: as a functioning whole as indicated b% :he Contract Ikxaments. ENGINEER will also have authority to require special inspec- lion or testing of the Work as provided in paragraph 13 9. whether or not the Work is fabricated. ins:a•lec or completed Shop Drawings. Change Orders and Payments: 9.1. In connection with ENCI\EFR's Shop Drawings and Samples. we paragraphs inclusive 98. In connection with ENGINEER'% Change Orders, see Articles '0.: 1. and 12. 9.9. In connection with ENGINEER'' Applications for Payment. see Article 14. Determinations for Unit Prices: authority as to 5 24 through (Ch authority as to authority as to 9 10 ENGINEER will determ.ne the actual quartities an classifications of L m: Price Work pe-formed h% CONTRAC- TOR. ENGINEER will review wi:'t CONTR%CTY)R the EN- GINEER's preliminary determinations on such miners before endering a w ritter. decision then eon (h% recommendation .l an Application for Payment or otherw Ise ENG IMEE 1', w ritten decision thereon will be final and binding upxvn OWNER and CONTRACTOR. unless. within ten days a•te- the date of any such decision, either OWNER or ('ON] RA(Tt)R de wets to the other and to ENGINEER wri::en notice of mention In appeal from ENGINEER's decision and: ii an appeal from ENGINEER's decision is :axon within :he lime limns and in accordance with the procedures set forh in Fxhihit GC -A. "Dispute Resolution Agreement." en:e-ed into between OWNER and ('ON'I RACTOR pursuant to Artiste lb. or All if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent wrisd.clion to exercise such rights or remedies as the appealing panmay have with respec::o ENGINEER's decision. unless otherwise agreed in writing by OWNER and CONTRACTOR. Such anpeal will not subject to the procedures of paragraph. 9 11 Decisions on Disputes: 9.11 ENGINEER will be :ne initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder Claims. disputes and other matters relating to the acceptability of the Work or tie interpretation of the requirements of the Contract Ioxuments pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the Contract Price or Contract Times wit. be referred initially to ENGINEER in writing with a request for a formal dec:sinr in accordance with this paragraph. Written notice of each such claim, dispute or other matter will he delivered by the claimant to ENGIN EER and the other party to the Agreement promptly i but in no event later than thirty days) after the start of the Occurrence or event giving me thereto, and wntten supporting Jala will he submitted to ENGINEER and the other party w:ih!n sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim. dispute or other matter The opposing party shall st.bmit an response to ENGINEER and the claimant within thrry days after •eceipt of the claimant's last suhmittai (unless ENGINEER allows addilionai time). ENGINEER will render a :�'rmal decision ir. writing within thirty days after receipt of :ne apposing party's submit:a:. if any, in accordance with this paragraph ENGINEER's written decision on such claim. cispute or other matter w ill he final and binding upon OWNER and CONTRACTOR unless: ;0 an appeal from ENGINEER's decision is taken within :he time limits and in accordance with the procedures set forth in EXHIBIT GC -A. "Dispute Reso- Iulion Agreement." entered into between OWNER and CON- TRACB)R pursuant to Article 16. or iii) if no such I)ispule Resolution Agreement has been entered into, a wntten notice of intention to appeal from ENGINEER's written decision is delivered h} OWNER or CON'T'RACTOR to the other and In FNGINEFR within thirty days after the date of such decision and a formal proceeding is instituted by :he appealing party in a forum of competen: jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim. dispute or other matter m accordance with applicable I awl and Regutatons within sixty days of the date of such Jet isnm. unless otherwise agreed in writing by OWNER and ('UN iR ACTOR. 9 12 When functioning as interpreter and judge under paragraphs 9 10 and 9.11 ENGINEER will not show partiality :o OWNER ar CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity The rendering of a decision by FNGINEFR pursuant to paragraphs 9.10 or 9.11 with respect lo any such clam, dispute or other matter (except any which have been wailed by the making or acceptance of final payment as provided .n paragraph. 14.14 will he a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the ('onirac: Documents or by Laws or Regulations in respect of any such claimdispute or other matter pursuant to Article 16. 9.13. fimim6ons on E.YGi EER's AudioritY and Respo ides: 9 1).1 Neither ENGINEER'. authority or responsibil- n) tinder this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or i esponsihility or the undertaking. exercise or performance of any authority or responsibility by ENGINEER shall create. impose or give rise to any duty owed by ENGINEER to CONTRACTOR. any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- pitnee or agent of any of them. I 31 I. I 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER,s review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. . ARTICLE 10 -CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided), 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders- recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant'to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ' Addition see Sc 10.6 ARTICLE 11 —CHANGE OF CONTRACT PRICE I I.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will I I 1 1 I I ,f I I 1 II dl 32 L I I I I I I I l J I fl [J lJ I I I be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive), 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where :he Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.32. on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided to paragraph 11.61. Cost of the Worl: 114 The term Cost of the Work means :he sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the locality of the Project. shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shat include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to. salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. a xcise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses. sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours. on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER. and CON- TRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER. CONTRACTOR shall obtain competitive bids from subcontractorsacceptable loOWNER W N ER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CON 'IRAC3Y)R's Cost of the Work and fee as provided in paragraphs 11.4, 11.5. 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 114 4 Costs of special consultants (including but not limited to engineers, architects, testing laboratories. survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation. travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4 5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers. which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of a6 construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing. installation, dismantling and removal thereof all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales. consumer. use or similar taxes related to the Work, and for which CONTRACTOR is liable. imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 33 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 —all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. I1:6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4;2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. I I I ,I II I I I .1 [ .1 'I II I I I I I H I L fl I I I P Li F] I I Cash Allowances: I1 8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8 I the allowances include me cost to CONTRAC- TOR (less any applicabie trade discounts) of materials and equipment required by the allowances to he delivered at the site, and all applicable taxes. and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site. labor. installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allow ances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment. an appropriate Change Order will be issued as recommended by E?.GI\EE.R to reflect actual amounts due CONTRACTOR on account of Work covered by allowances. and :he Contract Price shall he correspondingly adjusted. 11.9. Goa Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Lnrt Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit puce for each separately identified item of Unit Price Work limes the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for :he purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Lnit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR :o be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. Replace 11.93 with SC :1.9.3 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I I if: III 9 3 I the quantity of any item of Unit Price Work performed by CONTRACTOR differs materally and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. there is no corresponding adjustment wnh respect to any other item of Work; and ' 11.9.3.3 if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a resuit of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease ARTICLE I2 --CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall he based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty -days after such occurrence sunless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall he accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an aduistment in the Contract Times (or Milestones) will he valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complel- ing any part of the Work within the Contract Times 'or Milestones) due to delay beyond the control of CONTRAC- TOR. the Contract Times for Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to. acts or neglect by OWNER. acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7. fires. floods. epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR. an extension of the Contract Times for Milestones) in an amount equal to the time lost due to such delay shall be CONTRACI'OR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CON'TRAC- 'TOR. any Subcontractor. any Supplier, any other person or organvation, or to any surely for or employee or agent of any of them. for damages arising out of or resulting from (i) delays caused by or within the contml of CONTRACTOR, or (ii) 1 35 delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work. 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Replacement with SC 13.3 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: Replacement with .SC,13.4 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph, 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections; tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER, be uncovered for observation. 137. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. , If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work I I I t II I I I I I I I F J I I 1J I fi I I I I1 Ii I Ii L. I I I I shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACIUR or any surety or other party. Corncanva or Removal of Defective Work: 13.11. If required by ENGINE.E.R. CONTRACTOR shall promptly, as directed, either correct all defects e Work, whether or not fabricated, installed or completed. or. if the Work has been rejected by ENGINEER. remove it from the site and replace it with Work that is not defective. CON'I RACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13,12.1. If within one year after the date of Substantial Completion or such longer period of time as may he pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Con:ract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective. CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions. ti) correct such defer live Work, or, if it has been rejected by OWNER. remove it from the site and replace it with Work that :s no deter tire. and Iii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such :nstruclions. or in an energency where delay would cause serious risk of less or damage. OWNER may have the defeLiie Work corded or the rejected Work removed and replaced. and all c.aims. costs. losses and damages caused by or resulting from such re- moval and replacement (including but not limited to ah costs of repair or replacement of work of others) will he paid by CONTRACTOR. 13.12.2. In special circumstances w here a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date :f so provided in The Specifications or by Written Amendmert. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected. removed or replaced under this paragraph 13.12. the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If. instead of requiring correction or removal and replacement of defective Work. OWNER land, prior to ENGI- NEER's recommendation of final payment. also ENGINEER) prefers to accept it, OWNER may do so CON TRACTOR shall pay all claims. costs. losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment. a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price. and, if the parties are unable to agree as to the amount :hereof, OWNER may make a claim therefor as provided :n Article 11. If the acceptance occurs after such recommenda- tion. an appropriate amount wtil be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable lime after written notice from ENGINEER to correct defervhe Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13 11. or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents. or if CONTRACTOR fails to comply with any other provision of the Contract Documents. OWNER may. after seven days' written notice to CONTRACTOR. correct and remedy any such deficiency. In exercising :tie rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site. take possession of all or part of the Work. and suspend CONTRACTOR's services related thereto, lake possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for w Filch OWNER has paid CONTRACTOR but which are stored eisewhere. CONTRACTOR shall allow OWNER. OWNER's representatives, agents and employees. OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the nghs and remedies under this paragraph. All claims, costs. losses and damages incurred or sustained by OWNER in exercising such rights and remedies will he charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in :he Contract Price. and, if the parties are unable :o agree as :o the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims, costs. losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performanceof the Work attributable to the exercise by OW N ER of OWNER's rights and remedies hereunder. ARTICLE 14 —PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2 9 will serve as the basis for progress payments and 1 37 I will be incorporated into a forth of Application for Payment acceptable to ENGINEER. Progress payments on account of 'Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: Replacement with SC 14.2 141 At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property. Insurance and other arrangements to protect OWNER's N ER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Tide: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated. in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. . Review of Applications for Progress Payment: Revision see SC 14.4 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge. infor- ination and belief:. 4 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or. because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORS performance or furnishing of the Work, I II 1 I I I I I ,. 1 kfl 1 I I I I I I L I I I I I I I I d 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens. 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, or 14.7.8. OWNER has actual xnow!edge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15 2 1 through 15.2.4 inclusive: but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the •easons lot such action and promptly pay CONTRAC'T'OR the amount so withheld, or any adjustment thereto agreed to by OWN ER and CONTRACTOR, when CONTRACTOR corects to OWN - ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shad notify OWN ER and ENGINEER in writing that the entre Work is substantial]% complete lexcept for items specifica:ly isted by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasana'le time thereafter, OWNER, CONTRACTOR and ENGINEER %haul make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work .un- stantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER w i;l prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. 'There shall be attached to the certificate a :entati%e list of items to be completed of corected 'aefore final payment. OWNER shall have seven days after receipt of :tie tentative certificate during which to make wrnen objection :o ENGINEER as to any provisions of the certificate or attached list. If. after considering such objections. ENGINEER concludes :hat the Work is not substantially complete. ENGINEER w 1l within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTORin writing. dating the -easons therefor if. after consideration of OWNER's objections. EN- GINEER considers the Work substantially complete. ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion iwith a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. Al the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security. operation, safety. maintenance, heat. uti.i- ties, insurance and warranties and guarantees. Onless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER'S issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. Ia 9 OWNER ,hail have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion. but OWN FR shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial I 'dhi:abon: 14-10. Use by OWNER at OWNER's option of any sub- s:antially completed part of the Work which: Ii) has specifically been identified in the Contract Documents, or Iii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and asahle part of the Work that can be used by OWNER for its intended purpose without significant inter- ference wiih CONTRACTOR'S performance of the remainder of the Work. may he accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACIOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for as intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in wnting that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pail of the Work Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an irspecton of that part of the Work to determine its status of completion If ENGINEER does not consider that part of the Work to he substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- •ng g,s:ng the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete. the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of iesponsibility in respect :hereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5 15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in wasting of all I 39 I particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all, such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents. CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any. to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER. CONTRAC- TOR may furnish receipts or releases in full and -an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full. CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work'duringconstruction and final inspection, and ENGI- NEER'S review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGINEER will. within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to Z� 4s 0 CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5,1. the written con- sent of the surety to the- payment of the balance due for that portion of the Work fully completed and accepted shall he submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens. from defective Work appearing after final inspection pursu- ant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing oh- ligations under the Contract Documents: and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause. OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: I 1 1 I.' n 1 1] 1 ,1 1 I ILl 1 Li 1 I I I I I I I I I I I FT I I I 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documen:s nn- cluding. but nut limited to. failure to supply sufficient skilled workers or suitable materials or eouipmerit o• far u•e to adhere to the progress schedule established under pantg•aph 2.9 as adjusted from time to time p unuarl :o paragraph 6.6; ;5.2.2. if CONTRACTOR disregards laws or Regula- tions of any public holy has ing )unsdiction: 15.2.2. if CONTRACTOR disregards the a.rthnrity of ENGINEER: or 15.2.4. if CONTRACTOR otherwise xiolates n any sub- stantial way any provisions of :he ('onlract I)ocament,: OWNER may. after giving CONTRAC'IOR :and the surely, if any,; seven days' written notice and to the extent permit - led by Laws and Regu.atwns. terminate the senrces of CONTRACTOR. exclude CONTRACTOR from :he sre and take possession of the Work and of all CONTRAC'T()R's tools, appliances. construction equipment and machinery at the site and use the same to the full extern they could he toed by CONTRACTOR (withodl liandcy to CONTRACTOR for trespass or conversion), incorpo•ale in the Work ad ma:en- als and equipment stored at the six o: for which OWNER has paid CONTRACTOR but whim are stored elsewhere. and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not he entitled to teceixe any further payment until the Work is 9nished. II the dnrard balance of the Contract Price exceeuc alclaims, costs. losses and damages sustained by OWNER arising out of er resulting from completing the oti such excess w II he paid to CONTRACTOR. If such claims, costs. Lases and dam- ages exceed such unpaid balance. CON'I RACTOR %ha I pay the difference to OWNER. Such claims. castc. o„cs and damages incurred by OWNER will :,e reviewed hs ENGI- NEER as to :Heir reasonahleress and w hen so approsed by ENGINEER incorporated it a Change Order. provided that when exercising any rights ci remedies Linde: this raragraph. OWNER shall not be required :o obtain the Icwest pr.ce lot the Work performed. 15.3. Where CONTRACTOR's senice' have beer. so ler minated by OWNER. the termination wiil not affect any rights or remedies of OW NER against CONTRACTOR then existing or which may thereafter accrue. Ar.y retention or payment of moneys due CONTRACTOR (IV OWNER will not release CONTRACTOR from liability 15.4. Upon seven days' wnuen notice to CONTRACTOR and ENGINEER. OWNER may. without cause and wtt'wut prejudice to any other right or remedy of OWNER, elect to terminate the Agreement.. In such case. C ONTRACIOR .hail be paid (without duplication of an) temp 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination. including fair and reasonable sum, for overhead and profit on such Work: 1`.4.2for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in cornet:ion with uncompleted Work, plus fair and seasonable sums for overhead and profit on such expenses, 15 43 for all claims, costs, losses and damages incurred .n settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of articipated profits or revenue or other economic loss arising our of or resulting from such termination. CONTRACTOR May Stop Worst' or Terminate: 15 5 If. through no act or fault of CONTRACTOR. the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author - I\. or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fairs for thirty days to pay CONTRACTOR any sum finally determined to he due. then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER. and pro%-ded OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15 4. In lieu of terminating the Agreement and without prejudice to any other right or remedy. if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NFFR stop the Work until payment of all such amounts due CONTRACTOR. including interest thereon. The provisions of this paragraph Is 5 are not intended to preclude CON- TRACTOR from making claim under Articles Ii and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR'S stopping Work as permitted by this paragraph. ARTICLE 16 —DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may anse under this Agreement. such dispute resolution method and procedure, if any, shall be as set forth it.. Exhibit GC -A, "Dispute Resolution Agreement." to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached. and subject to the provisions of paragraphs 9.10, 9.11. and 912. OWNER and CONTRACTOR may exercise 41 such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 —MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the fine or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of mews: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday, by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or properly because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages;' it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. [The remainder of this page was left blank intentionally.] II I I 1i II I I 11 I I [] ti 42 IT H SUPPLEMENT TO THE GENERAL CONDITIONS The following Supplementary Conditions amend or supplement the Standard General Conditions of the Constructicr. Contract (EJCDC No. 1910-8, :990 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain ;n full force and effect. SC-1_Definitions and Abbreviations: In addition tc the provisions of Article 1, the following supplemental definitions apply: "Owner" shall mean the City of Fayetteville, Arkansas, acting thorough its duly authorized representatives. Address - City of Fayetteville, 1:3 West Mountain, Fayetteville, AR 72701. "Engineer" shall mean the City of Fayetteville Engineering Division (telephone 501-575-8206). Note "OWNER", "ENGINEER" and "OWNER and ENGINEER" may be used interchar.geab.y, "Resident Project Representative" shall be the authcrized representative of the "Engineer". "Surety" or "sureties" shall mean the bondsmen or party or parties who have made the fulfillment of the contract by bonds, and whose signatures are attached to such bonds. "Advertisement" shall mean the all legal publications pertaining to the work of this contract. "Plans" shall Lean, collectively, all of the drawings pertaining to the contract and made a part thereof, and also such supplementary drawings as the Engineer may issue from time to titre in order to clarify the drawings, or for the purpose of showing changes in the work as autnorized under the section "Modifications and Alterations," or for the showing of details which are not shown tnereon. "Grade" as used in these specificaticrs shall niean and indicate the established elevations of the paving, flow lines cf sewers and other appurtenances as shown on the plans on file in the Engineer's office. whenever the following abbreviations are used, they shall have the corresponding meaning as shown below: AASHTO - American Association of State Highway Officials ACI _ American Concrete Institute • AGA American Gas Association AHTD - Arkansas Highway and Transportation Department ASHTD - Arkansas Highway and Transportation Department ' AISC _ American Institute of Steel Construction ANSI American National Standards institute APA - American Plywood Association, ASA - American Standards Association ' ASTM _ American Society for Testing Materials AWG American Wire Gage AWPA - American Wood Products Association AWS - American Welding Society AWWA _ American Water Works Association. GSA General Services Adrir.=strat ion, J.S. Governaer.t I 1 I1 NHBA - National Builders Hardware Association NEC - National Electric. Code NEMA - National Electric Manufactures Association NFPA - National Fire Protection Association NPT .- National Pipe thread SBC - Standard Building Code (also SSBC) SPA - Southern Products Association UL - Underwriters Laboratories A - Ampere cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute Hp - horsepower MGD - million gallons per day N.C. - normally closed N.O. - normally open ppm - parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) R - motor starter relay. RCP - reinforced concrete pipe rpm - revolutions per minute T.D. - time delay TDH - total dynamic head V - volt SC -2 Preliminary Matters Add the following to immediately follow paragraph 2.2 of the General Conditions. SC -2.2 Copies of Documents: Article 2.2 of the General Conditons shall be amended to read that Not less than five (5) bound copies of the proposal, contract, and stipulations shall be prepared and submitted to the OWNER for execution, each containing an exact copy of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed and the Contract signed by both parties thereto. However, the CONTRACTOR and the surety executing the bond shall not date the contract or the bond upon submission or execution by the OWNER. These documents will be dated the date the OWNER executes the contract. OWNER shall furnish to CONTRACTOR up to two 2 copies of the contract documents as are reasonably necessary for the execution of the work. Additional copies will be furnished, upon request, at the cost of reproduction. Sc 2.7. Furnishing of Insurance Data Delete all references to OWNER supplied and OWNER delivered insurance. SC -5 Bonds and Insurance: SC5.1 Performance. Payment and other bonds: Add the following new paragraphs immediately after paragraph 5.1 of the General Conditions which reads as follows: SC5.1.1 Resident Agent. The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds F I I I I' I I III F his power -of -attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. No emplcyers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not authorized to do business in. the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. SC5.1.2 Additional information. The Contractor shall provide the bonds as described in these sections within ten (13) days after the receipt of the NOTICE OF AWARD. For contracts in excess of S100,000.CO the bonds shall be issued by a bonding company listed by the A.M. BEST Rating Book as follows: • (1) contracts in excess of $100,COO.OC, out less than S1,000,OCO.00 - "B+" rating or higher and contract amount may not exceed 2.3% of the policyholder's surplus. I ' F 1' F ' I' 1' (2) contracts in excess of $1,000,C00.00 - "A" rating or higher and contracts may not exceed 2.3% of the policyholder's surplus. The expense of all bonds shall be bcrne by the CONTRACTOR. Sc 5.2. Delete paragraph 5.2 of the General Conditions in its entirety and replace with the following new paragraph 5.2: Sc 5.2. If at any time a surety on any such bcnd is declared bankrupt or loses its right to do business in the state of Arkansas or is removed from the above list of surety companies, the CONTRACTOR shall within ten (10) days after notice from the bond company that conditions are as described in this sentence and/or after notice from the OWNER to do so, substitute an acceptable bond or bonds in such form and sun and signed by other surety or sureties as may be satisfactory to the OWNER. The premiums on such bonds shall be paid by the CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable bond to the OWNER. SC -5.3 Licensed Sureties and Irs.rere; Certificates of Ineurance. SC5.3.i Add the following new paragraph immediately after paragraph 5.3.1 of the General Conditions whicn reads as follows: The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Ccnditicns executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not authorized to do business in the State of Arkansas. These :>olicies shall likewise he issued by a resident local agent licensed by the Insurance Comnission of the State of Arkansas. ' SC5.3.2 Delete the second sentence ct paragrapn 5.3.2 ("OWNER shall deliver to Contractor. . .") in its entirety. L SC5.4. CONTRACTOR'S Liability :assurance: Add the following paragraphs immediately after the respective paragraphs 3 l: contained in paragraph 5.4 of the. General Conditions: SC5.4.14 The limits for liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts or the greater where required by law: Workers Compensation: 1) State.: Statutory 2) Applicable Federal: Statutory 3) Employer's Liability: $100,000.00 each occurrence Comprehensive General Liability: $1,000,000.00 Combined Single Limit Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment exclusion deleted and broad form property damage. Comprehensive Automobile Liability Bodily Injury: $1,000,000.00 Each person $2,000,000.00 Each occurrence Property Damage: $500,000.00 Each occurrence or a combined single limit of $2,000,000.00. SC5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General Conditions in its entirety and insert the following in its place: 5.5. OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and hold harmless the OWNER and the ENGINEER and their agents and employees from and against all losses and claims, demands, payments, suits, actions, recoveries, judgements of every nature and description brought or recovered against them by reason of omission or act of the CONTRACTOR, his agent(s), employees, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, in the execution of the Work or guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less that $2,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect the OWNER and ENGINEER from contingent liability under this contract. SC5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: El 1 1 1 1 II II II II Ii I 5_6 Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Wcrk at the site to the full insurable value thereof (subject tc deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the total bid price. This insurance shall include the interest of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER'S consultants in the Work (all of whom shall be listed as insureded or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all-risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, ar.d water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers, architects, attorneys and other professionals). :f not covered under the "all-risk" insurance cr otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an application for payment. The polices of insurance reg'4ired to be purchased and maintained by the CONTRACTOR in accordance with this paragraph 5.6 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to the OWNER by certified mail and will containwavier provisions in accordance with General condition paragraph 5.;;.2. SC5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the fcl:owing in its place: SC5.7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR shall be responsible for the determination of and procurement cf any additional insurance needed. SC5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: SC 5.8. Policies shall also specify tnat insurance provided by CONTRACTOR will be considered primary ar.d nct contributory to any other insurance available to the OWNER or the ENGINEER. All polices will provide for 3C days written notice (certified mail shall be required) prior to any cancellation or ncr.-renewal cf insurance policies required under the Contract. Any such wording as "will endeavor" or "but failure to mail such notice shall impose no obligation Cr liability of any kind upon the Company..." shall be deleted from the certificates. SC5.10. Delete paragraph 5.10 cf the Genera: Conditions in its entirety. SC5.12. Receipt and Applicaticr. of Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. SC5.13. Delete paragraph 5.13 cf the Genera: Conditions in its entirety. 5 Sc 6 - CONTRACTOR'S RESPONSIBILITIES Sc 6.6 - Progress schedules Add a new paragraph.6.6.3. immediately following paragraph 6.6.2 which shall I read: An updated schedule, in -the format specified in the Technical Specifications, shall be required with each submittal for progress payment by the CONTRACTOR. Failure to provide an accurate schedule (and/or updated schedule) shall. be reason for OWNER to refuse progress payment to CONTRACTOR. SC 7 OTHER WORK - Sc 7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: Sc 7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor (or separate party) at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor (or separate party) against CONTRACTOR, OWNER or ENGINEER, or any such person, CONTRACTOR shall promptly attempt to settle with such other separate contractor (or separate party) by agreement or otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor (or separate party) against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor (or separate party) cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor (or separate party) at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against them to be maintained and continued in CONTRACTOR'S name for benefit in any court or before any arbitrator which seeks to impose liability on, or recover damages from OWNER or ENGINEER on account of such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor (or separate party) and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12 of the General Conditions. An extension of the Contract Time shall be the CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor (or separate party). This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective contractual responsibilities. SC -8 OWNER'S RESPONSIBILITIES SC 8.5 - Delete paragraph 8.5 of the General Conditions in it's entirety. , Sc 10 CHANGES IN THE WORK Add a new paragraph 10.6 immediately following paragraph 10.5 of the General Conditions to read: 10.6. Limits of Authority. CONTRACTOR shall note and abide by the following OWNER'S and ENGINEER'S limits of authority for changes in the Work which require a change in the Contract Price and contract time. L L Except in the case of extreme emergency tc protect public safety, public welfare or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall apply: Engineer's Representative - Nc athcrity City Engineer - $S,OCO.30. Public Works Director - $:O,OOC.03 Mayor - $20,000.00 (Accumulative). All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall require the forma: approval of the Fayetteville City Council. SC 11 CHANGE OF CONTRACT PRICE. SC 11.9. Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: 11.9.3 The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 11.9.3.1 if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estixated quantity of such item indicated in the Agreement; and 11.9.3.2. if tnere is no ccrresporiding adjustment with respect to any other item of Work; and 11.9.3.3 if CONTRACTOR believe that it has incurred additional expense as a result thereof; or 1:.9.3.4 if OWNER believes that the quantity variation entities OWNER to an adjustment in unit price; then either OWNER Cr CONTRACTOR make a claim for and adjustment in the Contract Price in accordance with Article 11 of the General Conditions if the parties are unable to agree as to the effect(s) of any such variations in the quantity of Unit Price Work performed. SC -13 TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK. SC 13.3 Tests and Insoections. Paragraph 13.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: II I FT IT SC 13.3. CONTRACTOR shall give the ENGINEER proper notification as detailed below and cooperate with the testing and inspection of the Work. Sc :3.3.1. All tests require a mini:rum notice of 24 hours. The 24 hours is a minimum only, the exact time for testing and required inspecticns shall be determined by the Engineer. Sc 13.3.2. All field tests required for a project sha.1 be witnessed by the City Engineering Divisicr. representatives in the presence of the ENGINEER and CONTRACTOR, or their approved representatives. n 11 Sc 13.4 Paragraph 13.4.of the General Conditions is hereby deleted in its entirety and the following substituted in its place: Sc 13.4. CONTRACTOR shall employ and pay for the services of an independent testing laboratory to perform all tests as required by the Contract Documents. CONTRACTOR shall be responsible for the cost of all equipment, materials, labor, testing procedures and lab work for all tests as outlined in these specifications. ENGINEER shall have the right to approve or reject CONTRACTOR'S proposed lab based upon sound Engineering principles. Copies of all testing reports must be forwarded directly to the Engineer by the testing laboratory. OWNER shall provide all inspection services required by the Contract Documents and normally associated with the diligent progress of the Work (Except as detailed in paragraphs 13.4.1,2,3.) Prior to final acceptance by OWNER, the project shall be subject to a final inspection by designated representatives of the OWNER and CONTRACTOR. ARTICLE 14 PAYMENT TO CONTRACTOR AND COMPLETION SC 14.2 Application for Progress Payment. Paragraph 14.2 of the General Conditions is hereby deleted in its entirety and the following substituted in its place: Sc 14.2.1. Monthly estimates will be prepared to include all work accomplished for the period ending the third Friday of each month; or Sc 14.2.2. Progress payments will be prepared at regular intervals, as scheduled by joint consent of the CONTRACTOR and the ENGINEER at the pre -construction conference. Sc 14:2.3. The ENGINEER, based upon data gathered during the construction process, will make an estimate of the value of the Work done and materials furnished in place during the previous estimate period. The CONTRACTOR shall furnish to the ENGINEER such detailed information including invoices from material suppliers as the ENGINEER may request to aid in the preparation of the progress payment estimate. All payment requests are subject to retainage as determined by the ENGINEER. Retainage shall be 10% of said estimate until 50% of the work has been fully completed. At 50% completion, further partial payments shall be made to the contractor in full with no additional retainage unless the ENGINEER determines that the project is not progressing satisfactory, in which case additional retainage may be retained to a maximum of 10%. When the work is substantially completed, any retained amount may be paid to the contractor except the OWNER shall retain an amount sufficient to cover any work not yet completed. The release of retainage will be determined by the ENGINEER. If the OWNER or ENGINEER shall at any time fail to make the CONTRACTOR a monthly estimate at the time herein specified, such failure shall not be held to violate or void the Contract. Note, the failure of the contractor to provide an accurate and current schedule update shall be reason to reject CONTRACTOR'S request for progress payment. SC 14.4. Review of Applications for Progress Payment Delete the last sentence of paragraph 14.4 of the General Conditions and replace with the following: After the required internal reviews and processing by the City of Fayetteville, the City will diligently proceed to make payment to the contractor, in accordance with the approved payment request, within 30 days. All efforts will be made to make payments within the 30 day period, but the City cannot guarantee the 30 days maximum time. j I I I II II Section 10C GENERAL PRCJECT REQUIREMENTS: 1. Scope of work. The work shall be as shown upon the contract drawings and defined within the contract specifications, and shall include the furnishing of all materials, equipment, tools, supplies, plant, labcr and others as necessary in the construction of work generally as follows: Saw -cutting concrete, removal of existing failed sections of concrete retaining wall, clearing of brush, excavation, fine grading, protection of trees, erosion control, embankment and fill, rip rap placement, new concrete drainage pipe, new concrete outlet structures, grating, fencing and/or rails, sod, area repair and cleanup. ' No attempt has been made to segregate work to be performed by any trade or subcontract. Any segregation between the trades or crafts will be solely a matter for agreement between the Contractor, subcontractor, and their respective employees. ' The Specifications as a whcle will govern the construction of the entire work. The applicable provisions will govern work tc be performed under each schedule. 2. Sequence of the Work and Contract Time. After the contract bonds and certificates of insurance have been delivered to the Owner, and the contract has been executed, the Engineer will issue a Notice To Proceed in accordance with the General Specifications which shall designate the date the contract will comrrence. The Contractor shall complete the project within 45 calendar days from the date specified in the Notice To Proceed. Additionally, the Contractor shall be responsible to submit a schedule of ' construction, in accordance with the General and Supplemental specifications, and Technical specification :00.04 Schedules", which generally follows the following sequence of work: Clearing and removal of existing failed wall sections ' excavation for structures structures, pipe extension and accessories fill (hillside and/or SB2 and/or tcpsoil), sod and final cleanup. ' The Owner may require the Contractor to add to his plant, equipment, or construction forces, as well as increase the working hours, if operations fall behind the approved schedule to an extent that the completion of the work within the specified time appears doubtful. If conditions beyond the control of the Contractor justify, and the Contracting Authority approves an extension of contract time, the Contractor shall revise the construction schedule in accordance with the approved extension. 3. Submittals. ' The following submittals shall be required for this specific project: a. Shop drawings for all reinforcing steel. b. Manufacturer's data for the aluminum grating, attachments and anchorage. c. Schedules as noted below. 1 I 4. Schedules. Before work is started, and in accordance with the General and Supplemental ' Conditions, the Contractor under each schedule shall prepare a detailed schedule of all construction operations that shall not only indicate the sequence of the work, but also the time of starting and completion of each part. The schedule shall be submitted to the Engineer for his approval. For projects with a total estimated costs of up to $100,00.00 the Contractor may submit a schedule(s) based upon bar charts, narrative or Critical Path Network Diagram. For Projects with a total estimated costs in excess of $100,000.00 the Contractor'shall submit the schedule(s) in the form of a Critical Path Method (CPM) Network Diagram. The contractor shall also be required to submit an updated version of. the schedule(s) with each submission of a periodic payment request. 5. Lands and Rights of Ways. The necessary rights -of -way and easements for the project and to carry out the work along the project will be provided by the City of Fayetteville. The Contractor shall confine his construction operations to the immediate vicinity of the locations shown on the plans and shall use due care in placing construction tools, equipment, excavated materials, and pipeline materials and supplies, so as to cause the least possible damage to property and interference with traffic. The placing of such tools, equipment, and materials shall be subject to the approval of the Engineer. The City of Fayetteville will not be responsible for haul road to and from the right-of-way. The Contractor shall be responsible for all damage to all property outside of the rights -of -way and easements, and shall make satisfactory settlement for the damage directly with the property owner and tenant involved, as their interests may require. All work performed, and all operations of the Contractor, his employees, or his subcontractors, within the limits,of railroad and highway rights -of -way shall be in conformity with the requirements, and be under the control (with the City of Fayetteville), of the railroad or highway authority owning or having jurisdiction over and control of, the right-of-way in each case. All existing fences which interfere with the construction operations shall be maintained by the Contractor until the completion of the work affected thereby, unless written permission is obtained from the City of Fayetteville thereof to leave an interfering fence dismantled for an agreed period of time. Where fences must be maintained across the right-of-way, adequate gates shall be installed therein. Gates shall be kept closed and locked at all times when not in use, with duplicate keys furnished to the Engineer. Upon completion of the work across any tract of land, the Contractor shall restore all fences to their original or to a better condition and quality, purchasing new material and replace all materials lost, damaged, or destroyed. Temporary gates installed by the Contractor in any fence line may be left in place with the permission of the property owner and tenant of the property. All materials used in fence repairs or replacements shall be approved by the Engineer. 6. Protection and Maintenance of Public and Private Property. , The Contractor shall protect, shore, brace, support, and maintain all underground constructions uncovered or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, and other surface structures affected by construction operations in ccr.nection with the performance of the Contract, together with all '• sod and shrubs in yards and parking removed or otherwise damaged, shall be restored to their original condition as determined and approved by the Engineer. All replacements shall be made with new materials. The Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, '• embankments, culverts, bridges, or other public or private property or facility, regardless of location of character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to or from the work or any part or site thereof, whether by him or his subcontractors. The Contractor shall ' make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. ' All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. 7. Maintenance of Traffic. The Contractor shall conduct nis work so as to interfere as little as possible ' with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall at his own expense provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation ' of public and private travel, and shall give reasonable notice to Owner of private drives (minimum of 48 hours, one week s::ggested) before interfering with them; provided, however, that such maintenance of traffic at any designated point thereon and fcr the duration of whatever pericd of time as may be agreed upon. In making open cut street crossings, the Contractor shall not block more than one-half of the street at a time. Wherever possible, the Contractor shall widen the shoulder on the opposite side to facilitate traffic flow. Temporary surfacing shall be provided as necessary on shoulders. It shall be the responsibility of the Contractor to provide a minimum of 72 hours advance notice to the Engineer, Traffic Department, Police and Fire department prior to cutting or blocking any public street or roadway. At the time of the preconstruction conference, the contractor shall provide to the Engineer a detailed traffic coniroa plan indicating detour routing, signage and other traffic control features. Traffic ccr.trol shat: conform to the Manual Cr. Uniform Traffic Control Devices. 8. Underground :nstallations and Structures. Unless noted otherwise on the plan doc,ments, pipelines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to the Engineer. The Engineer and Owner does not guarantee to accuracy of such information. House sewer connections, water and gas services, and other utility lines may not be indicated on the plans. The Contractor shall make every effort to locate all underground pipelines, conduits, and structures by contacting owner of underground utilities and oy prospection in advance of trench excavation. The moving of planned improvements to avoid conflict with existing pipelines and ex isting xisting installations and structures in the vicinity of the work to be done for the convenience of the Contractor shall be accomplished at no additional cost to the Owner. 9. Lines and Grades. ' All work shall be done to the lines, grades, and elevations shown on the plans. The Contractor shall keep the Engineer informed, a reasonable time in advance, of the times and places at which he wishes to work, so that reference points in 1J accordance with General Conditions Article 4.4 may be established, and/or, measurement for record and payment may be made with minimum inconvenience to the Engineer and minimum delay to the Contractor. The Contractor shall furnish, without charge, competent men from his force and such tools, stakes, and other materials as the Engineer may require for restaking and work required to be restaked. The Contractor will not proceed with the work unless there is an accurate grade stake at a maximum distance of 50 feet. Any restaking or other field work deemed excessive by the Engineer will be billed to the contractor at a rate equal to comparable local rates (when performed by the City, or at contract Engineering rates when contracted) and deducted from the contractor's payments. Any work done without being properly located on grade or off alignment, may be ordered removed by the Engineer and replaced at the Contractor's expense. 10. Public Notification. The Contractor,on the basis of the schedule and progress shall be required to notify all adjacent property owners a minimum of 48 hours in advance of occupying, storing materials on, or performing work on any right-of-way or ' easement. It shall be the responsibility of the Contractor to provide a minimum of 72 hours advance notice to the Engineer, Traffic Department, Police and Fire department prior to cutting or blocking any public street or roadway. 11. Storage of Materials. In general, the Contractor shall be responsible for the all material furnished by him and shall replace at his own expense all such material found defective in manufacture or damaged in handling. This shall include the furnishing of all material and labor required for the replacement of installed material discovered defective prior to final acceptance of the work. The Contractor shall be responsible for the delivery and distribution of materials at the site. The Contractor shall be responsible for the safe storage of materials furnished by or to him and accepted by him, and intended for the work, until it has been incorporated into the completed and accepted project. All materials shall be stored in strict conformance to the manufacturer's recommendations, Materials shall be stored so as to ensure the preservation of their quality and fitness for the Work. When directed by the Engineer, the materials shall be placed upon a wooden platform or other hard clean "surfaces and not on the ground, and shall be placed under cover when so directed. Stored materials shall not be located so as to impede work or inspections. Pipe and accessories shall be loaded and unloaded by lifting with hoists or other equipment so as to avoid shock and damage. Under no circumstances shall material be dropped or dumped. Pipe handled on skidways shall not be skidded or rolled against pipe previously unloaded onto the ground. In distributing pipe material at the site, each piece shall be unloaded opposite or near the place it is to be laid in the trench. The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign material at all times. Pipe shall be so handled that the coating and lining will not be damaged. However, if any part of the coating or lining is damaged, the' repairorreplacement shall be made at the Contractor's expense in a manner satisfactory to the Engineer. I I 12. Saturday, Sunday, Holiday and Nicnt work. Refer to paragraph 6.3 of the General Conditions. All work shall be perforaed during the noraal wcrk hours of the City of Fayetteville Engineering Office, 8:00 a.m. - 5:00 p.m., Monday through Friday. No overtime work, no work on Saturday or Sunday, nor work on any legal holiday will be permitted without specific written pre -authorization by the Owner and Engineer. 13. Monthly Estimates and Payaer.ts. Refer to Article 14 of the Genera: Condit=ons and the associated Supplemental ' Conditona. ' 14. Connections to existing Facilities_ Unless otherwise indicated or specified, the Contractor shall provide for all necessary connections to existing utilities such as water, sewer, telephone and ' electric. In each case, the Contractor shall receive permission from utility owner prior to providing for connections. Contractor shall protect facilities against deleterious substances and damages. ' Connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuous (around the clock) as necessary tc complete the connections in minimum time. ' Operation of values or other appurtenances or. existing utilities, when required, shall be by or under the direct supervision cf the owning utility. All connections to the water and/or sewer facilities owned by the City of ' Fayetteville will he coordinated with the City of Fayetteville's Engineering Division and the water/Sewer Department. 15. Temporary Facilities_ (a) Utilities. All water, electricity and other utility services required by the Contractor for operation of Contractor's plant or equipment, or for any other use by the • Contractor to conduct or tc expedite the work shall be provided by the Contractor at his sole cost and expense. The Contractor shall arrange for service at his ' discretior. frot the appropriate utility company, and shall assume liability for all charges until the improvements have been accepted by the Owner. When applicable, the Owner will request the transfer of the service on that date, and assume the liability for charges incurred by the Owner from that date forward. ' (b) Sanitary Facilities. The Contractor shall furnish temporary sanitary facilities at the site for the needs of the Construction workers and others performing work or furnishing services on the project. Sanitary facilities shall be cf reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically -treated type are used, at least one toilet will he furnished for each 20 workers. The Contractor shall enforce the use of such sanitary facilities by all personnel at the site. 16. Operation and Maintenance Data and Manuals. Adequate operation and maintenance information shall be supplied to the Engineer for all equipment requiring Taintenance or other special attention. The equipment supplier will prepare an operation and maintenance manual for each type I1 of equipment indicated herein. Parts. lists and operating and maintenance instructions shall be furnished for other equipment not listed in the following ' schedule. 17. Tree and plant protection No trees or cultured plants shall be cut, trimmed or removed unless clearly shown on the plans or marked by the Engineer. All trees and other vegetation which is so. marked and must be removed to perform the work, shall be removed and disposed of by the Contractor. No on -site burning shall be permitted. All protection of trees, trimming and repair of trees and plants shall be performed by qualified nurserymen or horticulturists in accordance with the City of Fayetteville's Ordinance Chapter 162 "TREE PROTECTION AND PRESERVATION". 18. Security. The contractor shall be responsible for protection of the site, and all work, materials, equipment and existing facilities thereon against vandals and other unauthorized persons. Security measures shall be at least equal to those usually provided by the Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, lighting, barricades, watchman's services and other measures as required to protect the site. No claim shall be made against the Owner by reason of any act of an employee or trespasser, and the Contractor shall make good all damage to Owner's property resulting from Contractor's failure to provide adequate security measures. 19. Safety. ' The Contractor is further notified and reminded of the presence of children in the general vicinity of the project. I ' The Contractor shall take all measures necessary and as required by the General Conditions (Article 6) to protect the General Public, animals and property from harm due to the construction activities including the project site. 20. Parking. The contractor shall provide and maintain suitable parking areas for the use of the construction workers and others performing work or furnishing services in connection with the project, as required, to avoid any need of parking personal vehicles where they may interfere with the Owner's operations or construction activities, or normal traffic operation on public roads. - 21. Dust Control. I I The Contractor shall take all reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or application of an approved chemical dust suppressant. Dusty materials in piles or transit shall be covered to prevent blowing. Buildings or operating facilities which may be adversely affected by dust shall be adequately protected. Existing or new machinery, motors, instrument panels or similar equipment shall be protected by suitable dust screens which include adequate ventilation features. t I 22. Temporary Drainage and Erosion Control Provisions. [Ti I F I L I I 11 I ri n I I VI I L The Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in the performance of the work. Drainage facilities shall be adequate to prevent damage to the work, the site and adjacent properties. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry increased runoff attributable to the Contractor's operations. Temporary dikes shall be constructed as necessary to divert increased runoff from entering adjacent properties (except in natural channels or storm sewers), to protect the Owner's property, facilities and the work, and to direct water into natural channels or conduits. Retention shall be provided as necessary to prevent downstream flooding. The Contractor shall prevent the erosion of sail on the site and adjacent property resulting from the construction activities. Effective measures shall be initiated prior to the com%ercerert cf clearing, grading, excavation or other operations that will disturb the natural vegetation or protection. Erosion measures may include hay bales, silt fencing, jute mat, fast growing vegetation, and ponds. Work shall be scheduled on exposed areas subject to erosion for the shortest possible time, and natural vegetation shall be preserved to the greatest extent possible. Temporary storage areas, construction building and access shall be located to minimize erosion. The Contractor shall be responsible for application and acquisition of all necessary permits, including coverage under the Federal/State NSPDE Regulations for Storm Water Management and the City of Fayetteville's Excavation and Grading permit. Unless specifically included as separate bid item(s), all Work necessary for the control of storrr water runoff shat: be considered as subsidiary to the project and no separate payment shall oe made to the Contractor. 23. Pollution Control. The Contractor shall apply with all requirements of the General Conditions and all Federal, State and local laws and regulations governing pollution. Additionally, the Ccntractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment debris and other substances resulting from construction activities. No sediment, debris or other substances shall be permitted to enter any sanitary sewers, storm sewer, nor any drain or watercourse. 24. Clean up during construction. During construction, the Contractor shall keep the construction area in a clean, neat and workmen like condition at all times. Pipe, equipment, and all other materials shall be stored and protected in an area away from the construction activities. AS soon as practicable, the area around all structures shall be backfilled, and the entire area maintained in a neat condition. 25. Access. The Contractor shall provide for safe and ready access to the construction activities during working hours cc as requested to authorized representatives of the City of Fayetteville and other State or Federal Agencies as required. 26. Construction Observation Iispec.tinn. Construction observation and inspection shall be by the City of Fayetteville 7 L I Engineering Division. The Contractor shall note the requirements of a detailed schedule and note all requirements for the scheduling of tests and test requirements as noted in Technical Specification section 100.26 TESTING. The Engineer shall have no responsibility to the Contractor or subcontractor for the supervision of personnel or layout of work. Prior to final acceptance by the City, the project shall be subject to a final inspection by designated representatives of the City of Fayetteville and the Contractor. 27. Testing. ' The Contractor shall be responsible for the cost of all equipment, materials; labor, testing procedures and lab work for all tests as outlined in these specifications. The City of Fayetteville shall have the right to approve or reject the contractor's proposed lab based upon sound Engineering principles. Copies of all testing reports must be forwarded directly to the Engineer by the testing laboratory. All field tests required for a project shall be witnessed by the City Engineering Division representatives in the presence of the Engineer and Contractor, or their approved representatives. All tests require a minimum notice of 24 hours. The 24 hours is a minimum only, the exact time for testing and required inspections shall be determined by the City of Fayetteville Engineering Office. 28. Measurement and Payment. It is the intent of the proposal and the specifications that the total bid for each schedule, as submitted, shall cover all work shown on the contract drawings and required by the Specifications and other Contract Documents. All costs in connection with the work including furnishing of all materials, equipment, supplies, and appurtenances; providing all construction plant, equipment, and tools; and performing of all necessary labor to fully complete the work, shall be included in the unit and lump sum prices named in the proposal. No item of work that is required by the Contract Documents for the proper and successful completion of the Contract will be paid for outside of or in addition to the prices submitted in the proposal. All work not specifically set forth in the proposal as a pay item shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices named in the proposal. The method of measurement and basis of payment for each item as listed in the proposal shall be as stipulated under item of Work. 29. Explosives. Explosives shall not be allowed for excavation or any other purpose unless a plan for such use is approved in writing by the Engineer, proof of blasting insurance is submitted, and experienced personnel licensed in the State of Arkansas for blasting is utilized. The plan must include as a minimum a pre -blast survey and the utilization of qualified seismographic procedures. 30. Excavation Safety. The current edition of Occupational Safety and Health Administration Standard for Excavation and Trench Safety Systems, 29 CFR 1926, Subpart P, is specifically incorporated and made a part of these specifications and contract documents as required by Arkansas Act 291 of the 79th General Assembly of 1993. The Contractor shall be solely responsible for the implementation of these requirements. J A copy of the OSHA regulations is included in this set cf specifications as Appendix A. 31. Utility Mix - Slurry mix "pourable" backfill. Where shown on the plans, a "pourable" backfill, also called utility mix, shall be used. The utility mix shall be a lcw strength concrete mixture that is readily digable with standard equipment. The mixture shall be in the ratio of 3400 lbs sand: 150 lbs cement: :03 lbs flyash. The mixture shall be plant mixed and shall have a compressive strength of 303 psi at 28 days. The design of the xix may be modified if approved in writing by the Engineer. Normal strength concrete shall not be used for utility nix. M k k SEC71ON 1:0, MEASUREMENT AND PAYMENT 110.0: Measurement and payment for contract work will be made only for and under those pay items included in the proposal or bid form. All other work and materials will be considered incidental to and included in the payment of the pay items in the proposal or bid form. 110.02 MEASUREMENT CF CUANT"*IES: Work acceptably completed under the contract will be measured by the Engineer according to United States standard measures. The method of measurement and computations to be used in determination of quantities of material furnished an of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. The following methods of measurement are used to determine contract quantities for payment. For individual construction. items, longitudinal and lateral measurements for area computations will be made horizontally or corrected to horizontal measurement unless otherwise specified. For items that are measured by the linear foot, sucn as pipe culverts, guard rail, underdrains, etc., measurements will be made parallel to the base or foundation upon which the structures are placed, unrest otherwise specified. Structures will be measured according to neat lines shown on the drawings or as altered by the Engineer to fit field conditions. The average end area metnod will be used to compute volumes of earthwork, base course, or ctner materials specified for measurement by the cubic yard, unless otherwise specified. where, in the judgement of the Engineer, the average end area method is impractical, measurement will be made by other three dimensional methods. Materials which are specified for measurement by the ton shall be hauled in approved vehicles bearing a plainly lecible identification number and weighed on accurate, approved scales furnished by the Contractor and inspected and certified by a recistered scale mechanic no less often than once a year and prior to their use after each move. Scales shall be located at the loading point or ether approved location. Vehicles used to haul materials for each load, or shall be weighed dal the Engineer may direct, in order to The scales furnished shall be capanle one time. measured by weight shall be weighed empty ly or from time to time during the day as establish the tare weight of each load. cf weighing the entire loaded vehicle at For aggregates weighed for payment, the tonnage will be adjusted to dry weight. If moisture determination. is necessary, the daily average moisture content will be determined from. not less than three representative samples of aggregate taken at random intervals each day that aggregate is neing weighed. 1 I Asphalt cements, liquid asphalts and asphalt emulsions shall be measured by the gallon or by the ton in distributors, transfer tanks, supply tanks or tank cars as may be appropriate; or may be measured by other methods specified under the individual item.. Gallonage measurements of asphalt cements and liquid asphalts shall be corrected to 60 degrees F using correcting tables from ASTM D 1250. Gallonage measurements of asphalt emulsions shall be corrected to 60 degrees F using the expansion coefficient factor of 0.00025 per degree Fahrenheit. Water added to dilute emulsified asphalt will not be included in the pay quantity. Volumetric measurements made in the various types of tanks, including distributors, may be based on calibration of the tanks made by the Engineer. In the case of railroad tank cars or distributors, the outage table furnished for each tank by the manufacturer may be used in lieu of actual calibration of the tank. The Contractor shall furnish at no cost to the Owner, all necessary equipment, materials and assistance for such calibration. Pay quantities will include only the material actually used in the work at the direction of the Engineer. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, -pipe conduit, etc., and. these items are identified by gage, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Timber will be measured by the 1000 foot board measure (M.F.B.M.). Measurements will be based -on nominal width and thickness based on applicable grading rules. The term "ton" will mean the short ton consisting of 2000 pounds. A "station" when used as a definition or term of measurement will be 100 linear feet measured horizontally. A "unit" will mean a single quantity regarded as.a whole in calculations. The term "each" will mean one complete unit, which may consist of one or more parts. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. The term "gage", when used in connection with the measurement of plates, will mean the U.S. Standard Gage. When the term "gage" refers to the measurement of wire, it will mean the wire gage specified in AASHTO M 32. 110.03 PAYMENT• The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials and for performing all 2 1 MEASUREMENT AND PAYMENT work under the contract in a complete and acceptable manner and for all risk, :oss, damage, cr expense of whatever character arising out of the nature of the work or the prosecution thereof, unless otherwise provided in the contract documents. If the payment clause in the specifications relating to any unit price in the proposal or bid form requires that the said unit price cover and be considered compensatior.fcr. certain work or material essential tc the item, this same work or material will not also be measured or paid for under any other pay item which may appear elsewhere i:. the specifications. When the accepted quantities of work vary from the quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract unit prices for the accepted quantities of work done. No allowance, except as otherwise provided �n the contract documents, will be made for any increased expenses, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor resulting either directly from such alterations or indirectly from unbalanced allocation arr.cnc the contract items of overhead expense on the part of the bidder and subsequent loss of expected reimbursements therefor Cr fror .. any other cause. END OF SECTION :10, MEASUREMEN^ AND PAYMENT II 3 MEASUREMENT AND PAYMENT Li SECTION 120. TRAFFIC CONTROL AND MAINTENANCE The Contractor shall be responsible for traffic control and maintenance relative to the work involved in the project. Prior to the start of construction, the Contractor shall submit a traffic control plan for approval by the Engineer. This plan shall show proposed detour routes, signing, and other traffic control measures. Traffic control within state or federal highway rights -of -way shall be subject to approval by the Arkansas Highway and Transportation Department. The Contractor shall not close any public trafficway (street, road, sidewalk, alley, etc.) until he has obtained the necessary permits, the permission of the appropriate authorities and has notified the local fire department, police department and ambulance service. The referenced appropriate authorities shall include both the City of Fayetteville Engineering and Traffic Departments. The -Contractor shall provide a safe, substitute route for any portion of a trafficway obstructed wholly or ,partially by his operations. He shall erect and maintain all necessary barricades, lights, detour signs, danger signals and signs, directions to travelers and shall take all necessary precautions for the protection of'the work, the safety of his employees and the safety of the public. Singing, barricades and lighting shall be in accordance with the U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices. The installation of the traffic control devices shall be subject to approval of the Engineer. Should the Contractor fail to maintain barricades or other traffic control devices, or to maintain trench backfill, detours or driveways, such that immediate attention is required, the Owner will take the necessary corrective action and will bill the actual cost to the Contractor. The Contractor shall maintain access to all properties adjacent to public rights -of -way during construction of the project. The Contractor shall construct temporary drives or detour routes, as required, to maintain access, and the Contractor shall remove temporary drives or detour routes upon completion of the work. Traffic control and maintenance included in this section shall be considered incidental to the construction and shall not be paid for separately. I I1 II II END OF SECTION 120, TRAFFIC CONTROL AND MAINTENANCE ii 1 II SECTION 201, Sn PREPARATION 201.01 SCOPE OF WORK: This work shall consist of all site preparation and removal and disposal of obstructions. 201.C2 LIMITS OF WORK: The limits of the work under this contract shall extend to the right-of- way lines of the street unless otherwise indicated cr. the plans or in the Special Conditions. The City of Fayetteville will not be responsible for obtaining additional sites for the storage of equipment, the stockpiling of materials, the securing of additional materials, or other lands not required by the finished construction. 201.03 CLEARING WORK AREA: The work area shall he cleared of all obstructions that will affect or will be affected by the construction of the project. All items so encountered will be removed unless otherwise shown or, the plans or otherwise directed by the Engineer. These :terns snall include, but not be limited to, signs, culverts, headwalls, pavements and other items constituting an obstruction which are encountered. All structures, foundations, culverts, headwalls, concrete slabs and al: other obstructions or rubbish cf any nature which interfere with the proposed improvements shall be removed as a part of the clearing operatics. unless otherwise directed by the Engineer or otherwise noted or. the plans. 201.04 PROTECTING AND REMOVING OBSTRUCTIONS: • The Contractor shall take every precaution. :n protecting and removing all obstructions intact unless otherwise permitted by the Engineer. These items shall include, but not be limited to, shrubs, hedges, signs, landscaping items, the brick and rock from sidewalks and driveways and all other items which constitute an obstruction but which are or should be considered as the property of those adjoining the street right-of-way. Items so removed shall be provided to the adjacent property owner if requested; otherwise, items shall be disposed of as specified in other sections of these specifications. Removal and relocation of traffic and street signs shall be coordinated with the City of Fayetteville Traffic Department. 201.05 CBSTR''JCT:ONS NOT SHOWN ON PLANS: The plans show the location of certain exposed and buried cbstructions. as well as existing surface and subsurface structures. Neither the Owner nor the Engineer assumes any responsibility for failure to show such obstruction. or 1 I structures on the plans or to show them in their exact location. The absence of these obstructions on the drawings does not relieve the Contractor of any responsibility in the protection, removal and satisfactory replacement of these obstructions. The failure to show the obstructions will not be considered sufficient basis for claims for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate substantial changes in the lines and grades of the proposed improvements or requires the building of a special structure. 201.06 EXISTING UTILITIES: The known existing utilities are as shown on the plans. The Contractor shall take special precautions to protect the utilities shown, as well as others that are not located and shown. It shall be the Contractor's responsibility to protect and maintain in operating condition all such utilities. The removal of existing utilities required to permit orderly progress of the work shall be accomplished by local agencies, as shown on the plans or specified within these specifications. The Contractor shall notify all utility companies, all pipeline owners, or other parties affected, and endeavor to have all necessary adjustments of the public or private utility fixtures, pipelines, pole lines and other appurtenances within or adjacent to the limits of the construction made as soon as possible. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions as shown on the plans or as specified herein and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interference from the said utility appurtenances or the operation of moving them. The Contractor shall notify the Owner of the utility in the path of his operation, sufficiently in advance of his work contiguous to such utility, to enable the Owner of same to have a representative present. 201.07 WATERWAYS: Present natural and artificial waterways shall be left open to flow freely. Temporary dams or by-passes shall be provided when found necessary and/or directed by the Engineer. 201.08 REMOVING CULVERTS: Culverts, headwalls and other drainage structures in use by traffic shall not be removed until satisfactory arrangements have been made to accommodate traffic. 201.09 REMOVAL OF PAVEMENTS AND SIDEWALKS: All pavements, driveways, sidewalks, curbs and other such items which must be removed to complete the project as shown on the plans shall be so removed in a workmanlike manner. The area of each of these items so removed shall be restricted to the minimum possible area that will conform to the lines and grades of the completed construction. 0 0 I II 0 gal 2 SITE PREPARATION J I k II II II 1 J II II u II Asphaltic concrete and Portland Cement concrete surfaces shall he sawed at the boundaries of the areas to be removed. Sawing shall be reasonably true to line and the depth of sawing shall be such that when removing the material, undue under -breakage Cr shattering of the adjacent area will nct occur. The equipment for sawing shall be approved mechanical concrete saws in satisfactory working condition and adequately powered to cut to the depth required. 201.10 FENCE REMOVAL AND REPLACEMENT: Fence designated to be removed and replaced shall be removed in advance of other construction of improvements and shall be placed to provide a temporary fence clear of the proposed construction. Materials not required for the temporary fence shall be stored by the Contractor. The fence shall be replaced it its original alignment utilizing the existing fence materials. The Contractor shall, at his expense, replace all damaged fence materials. 201.:1 PROTECTION OF PROPERTY: The Contractor shall be responsible for the preservation of all public and private property encountered in the construction of these improvements. The Contractor shall be responsible for all damage or injury to the property of any character, durirc the prosecution of the work, resulting from any act, omission, neglect or misconduct it.. his manner or method of executing the work, or at any time due to defective work or materials and said responsibility will not be released until the project shall have beer. completed and accepted. When or where any direct Cr indirect damage or injury is done to public Cr private property by or on account cf any act, omission., neglect or misconduct in the execution. of the work, or in consequence of the non -execution thereof by the Contractor. he shall restore at his own expense, such property to a condition. ' similar or equal to that existing before such damage or injury was done by repairing, rebuilding or otherwise restoring as may be directed, or he shall make good such damage or injury ir. an acceptable manner. 201.12 MEASUREMENT AN: PAYMENT: Site preparation. when included on the bid form, will be measured or. a lump sum basis and shall include all site preparation, removal of obstructions and related work as delineated cn the pans and as specified .n these specifications. Payment at the contract lump sum price shall be full compensation for alsite preparation ., removal and disposal of structures, pavements and other obstructions. The removal and disposal of specific items, when included on the bid form, will he measured by the linear foot, square yard or each. No separate payment will be made for removing and replacing storm drainage facilities, culverts, fences, utility lines and related facilities unless specified in other sections of these specifications. Payment will be made under: 1 3 SITE PREPARATION Pay Item Site Preparation Removal and Disposal of () Lump Sum Square Yard, Linear Foot, Each END OF SECTION 201, SITE PREPARATION 4 SITE PREPARATION SECTION 2C2, CLEARING AND GRUBBING 2C2.01 DESCRIP^.ION: This work shall consist cf al: vegetation and debris which a as are designated to remain or sections of these specifications. from injury or defacement of all 2C2.02 GENERAL: clearing, grubbing, removing and disposing of re within designated limits except such objects are to be removed in accordance with other This work shall also include the preservation, vegetation and objects designated to remain. Clearing and grubbing and related work shall be accomplished in the areas shown on the plans or established by the Engineer. A. CLEARING: The cutting and removal of all trees, brush and other objectionable growth and the removal and disposal of legs, rubbish piles, refuse dumps, and other objectionable matter. B. GRUBS -u: The grubbing and removal cf all stumps, roots and other eb:ecticnable matter, lying wholly or in part below the surface of the ground. C. SCALPING: Areas not classified as clearing and grubbing and which are within construction limits shall be scalped, if appropriate. Scalping shall include the removal and disposal of -material such as saplings, logs, brush roots, grass, refuse dumps and decayed matter. D. CLEARING AND GRUBE:NG TREES: The cutting, grubbing and removal of individual, isolated trees and stumps as shown on the plans or designated by the Engineer to be rerrcved. 202.03 CONSTRUCTION REOu:REMENTS: Designated areas shall be cleared as defined above, except those objects designated to remain shall be carefully protected during construction operations. Trees shall be felled and removed in such a manner as to avoid injury to other trees or other objects designated tc remain. :n case of injury to bark, limbs Cr roots of vegetation designated tc remain, the Contractor shall repair such damage by corrective pruning, or other appropriate methods. Except in areas to be excavated, stump holes from which obstructions are removed, shall be backfilled with suitable material and compacted as specified in other sections of these specifications. A. CLEARING AND GRUBBING: .All surface objects -and all trees, stumps, roots and other protruding obstructions, not designated to remain, shall be cleared and/or grubbed, including mowing, as required, except undisturbed stumps and roots and nonperishable solid objects which will be a minimum of 3 feet below subgrade or slope of embankments. When authorized, the Contractor may leave stumps and nonperishable solid objects provided they do not extend more than 3 inches above the ground line. Low hanging branches and unsound or unsightly branches on trees or shrubs designated to remain shall be.removed as directed. Branches of trees extending over the roadbed shall be trimmed to give clear height of 20 feet above the roadbed surface. All trimming shall be done by skilled workmen and in accordance with good tree surgery practices. All cleared and grubbed material shall be disposed of by the Contractor as specified in other sections of these specifications. Unless otherwise provided, all merchantable timber removed as previously specified shall become the property of the Contractor. B. SCALPING: The Contractor shall scalp areas where excavation or embankment is to be constructed. Material resulting from the scalping operations shall be disposed of as specified for clearing and grubbing. 202.04 MEASUREMENT AND PAYMENT: When included on the bid form as a pay item, measurement will be by one or more of the following methods: A. AREA BASIS: The work to be paid for will be the number of acres and fractions 'thereof acceptably cleared and/or grubbed within the limits shown on the plans or delineated for clearing and grubbing by the Engineer. B. LUMP SUM BASIS: When .the bid schedule contains a clearing and grubbing lump sum item, no measurement of area will be made. C. LINEAR BASIS: When a linear unit quantity is shown on the bid schedule, the length will, be measured along the construction centerline in stations. - - ' 2 CLEARING AND GRUBBING II D. sNDIvIDUAL UNIT BASS: Individual trees or stumps greater than eight (8) inches in diameter, measured at a height of fcrty ;40) inches above the ground, will be measured by the number cf each removed. The accepted quantities cf clearing and grubbing will be paid for at the contract unit or lump sum prices. When the bid form does not contain an item. for clearing and grubbing, the work will not be paid for directly, but will be considered incidental to other contract items. Scalping will nct be paid fcr directly but will be considered incidental to other contract items. Clearing and grubbing for borrow sites and material sources outside the :ir..1ts of work will not be paid for directly but compensation will be considered included in the items being excavated. Payment will be made under: Pav _teT c: ear.n.7 Clearirc and Grubbing Clear and Grubb Tree or Stump;S1ze) Pay Unit Acre, Station, Lump Sum Acre, Station, Lump Sum Eac: END OF SECTION 202, CLEARING AND GRUBBING o] -01 2 CLEARING ANC GRUBBING I SECTION 203 EXCAVATION AND EMBANKMENT 203.01 DESCRIPTION: This work shall consist of excavation, construction of embankment, grading, compaction, hauling, disposal and topsoiling which is within the limits of the work necessary for the construction of the improvements in accordance with the specifications and in reasonably close conformity with the lines, grades, thicknesses and typical cross sections shown on the plans or established by the Engineer. 203.02 APPLICABLE SPECIFICATIONS: Subgrade preparation or modification shall be as specified in other sections of these specifications. 203.03 CLASSIFICATION: I I II I II All material excavated shall be defined as "Unclassified Excavation" I unless, in the proposal form, prices are asked and bids are taken for "Rock Excavation" and "Common Excavation". "Unclassified Excavation" shall include all excavation performed under this item regardless of the material encountered. "Rock Excavation" when provided in the proposal, shall include all solid rock and ledges, imbedded deposits in unstratified masses and conglomerate deposits which are so firmly cemented they present all the characteristics of solid rock, and which cannot be removed without the use of rippers Or•impact hammers. "Common Excavation", when provided in the proposal, shall consist of all excavation not included in "Rock Excavation". "Undercut Excavation" shall consist of the removal and disposal of deposits of saturated or unsaturated mixtures of soils and organic matter, or other soils, not suitable for foundation material and which is located at a lower elevation than the subgrade. "Select Material" shall consist of excavation made from borrow areas outside the limits of the project. It shall be the Contractor's responsibility to locate and obtain the select material subject to the approval of the Engineer. Select material shall be granular, maximum particle size of 3 inches, graded from coarse to fine, conforming to AASHTO classification A-1, A-2-4 or A-2-5, or a sandy or gravely clay conforming to classification A-2-6 or A-6 with the exception that the plasticity index shall not exceed 15. The Contractor shall furnish, at his expense, test data to indicate compliance of select material with this specification. "Topsoil" shall be the surface layer of soil with no admixture or refuse or any material toxic to plant growth, and it shall be reasonably free from subsoil and stumps, roots, brush, stones more than 2" in diameter, clay lumps or similar objects. This surface layer of soil shall contain humus and organic II I I I I I I I '-01 1 I I ' matter and any grass roots and native seeds that may have accumulated in the surface layer. 203.04 CONSTRUCTION REQUIREMENTS: II II I 11 I L A. GENERAL: The grading work shall consist of all excavation, embarkment, dressing. shaping and finishing necessary for the construction, compaction and completion of all subgrades and other earthwork indicated or. the plans, strictly to the required alignment, grade and typical cross section as shown on the plans or as directed by the Engineer. Excavation shall not be made below grade except where rock is encountered or removal of unstable material is directed by the Engineer. Should the Contractor, through negligence or other fault, excavate below the designated lines, he shall replace the excavation with approved materials, in an approved manner and condition at his own expense. The Engineer shall .have complete control over the excavation, moving, placing and disposition of all material, and shall determine the suitability of material to be placed in embankments. The Contractor shall inform and satisfy himself as to the • character, quar,tit}• and distribution of all material to be excavated. L I I.l I I I Excavation work shall be performed to provide drainage at all times. When directed, temporary drains and drainage ditches shall be installed to intercept or divert surface water whit^ m,ay affect the work. Operations on earthwork shall be suspended at any time when satisfactory results cannot be obtained because of rain, freezing weather, cr other unsatisfactory conditions. Material determined by the Engineer to be unsatisfactory for subgrade construction snail be classified as undercut excavation and shall be removed as directed by the Engineer. Underc•tt areas shall be backfi:led with select material from off -site borrow areas unless otherwise directed by the Engineer. All unsuitable material removed from undercut areas shall be disposed of off -site by the Contractor. All rock or to ccnform tc th minimum depth of excavation shall Blasting will not other unyielding mate e subgrade elevations 6" below the f ir.ished be filled to grade be permitted. -ia_ that cannot be shaped shall be excavated to a subgrade elevation. The with approved material. All suitable excavated material shall be used in the formation of emoarkmerts and backfills unless otherwise specified. The excavated material shall be placed in the areas of the embankment as directed by the Engineer. Muck, peat, matted roots, or other unsatisfactory material for a subgrade foundation shall be removed L 2 EXCAVATION AND EMBANKMENT It' :'•.. to the depth directed by the Engineer. All material determined ' unsuitable shall be disposed of off -site by the Contractor. Construction of embankments or backfilling shall not be started until the area has been inspected and approved by the Engineer. Fill areas shall be cleared and grubbed so as to remove all vegetation and objectionable material. Also, all topsoil shall be removed prior to the commencement of filling. All depressions or holes beneath the ground surface, whether caused by grubbing or other reasons, shall be backfilled with suitable material and compacted before the construction of the subgrade is commenced. Areas to be filled shall be scarified to a depth of 6" prior to placement of fill. Fill shall be constructed to the specified grade in uniform layers parallel to the finished surface and not more than 8" in thickness, loose measurement. The material in the layers shall be of the proper moisture content before compacting. Wetting or drying of the material and manipulation when necessary to secure a uniform, moisture content throughout the layer shall be required. Backfilling of trenches for storm drainage facilities, water line improvements and utility relocations shall be accomplished as specified in other sections of these specifications. Backfill shall be compacted to the, specified density. B. SOIL COMPACTION: In the preparation of subgrades and compaction of earthwork, the material shall be compacted to provide a stable, uniform surface. The subgrade shall be compacted to the required density and stability and shall show no evidence of displacement or rutting. Proof rolling shall be provided to evaluate the stability of the subgrade and shall be as directed by the Engineer. . Where modification of the subgrade is specified, stabilization , and compaction requirements shall be as specified in other sections of these specifications. Soils shall be compacted to the following standards. The maximum dry density shall be based on the Standard Test, AASHTO T- 99. (1) All soils in the upper 6" of the subgrade beneath pavements or driveways shall be compacted to 100% density. (2) All other soils shall be compacted to 95% density. (3) Trench densities shall be as specified for that type trench excavation. When no density is specified, the densities specified in 1 and 2 above shall apply. The moisture content of the material being compacted shall be within a range of two percent below optimum to a maximum of two percent above. The Contractor shall adjust the moisture content of 3 EXCAVATION AND EMBANKMENT II II II II n II I II II II I I II n I I the material to maintain the range specified by the addition of water or by aeration. All testing shat: be done by a testing laboratory approved by the Engineer. The cost of the testing will be paid for by the Owner with the following exceptic:.. The Contractor shall pay the cost of testing any materials proposed by him for substitution of previously approved materials, unless in the opinion of the Engineer, the substitution will be of particular benefit to the Owner. Not less than one field density determination shall be made for each '50 square yards of area in each lift of embankment and on the finished subgrade. Trench backfill density determinations shall include a minimum, of one determination for each 250 feet of completed trench. The field density determination shall be made in accordance with AASHTO T-236-76 Censity of Soil and Soil Aggregate in Place by Nuclear Methods. C. SUBGRADES: The co:pleted subgrade surface shall be true to the lines, grades and cross sections shown on the plans or as directed by the Engineer. Any irregularities or depressions that develop shall be corrected by loosening the material until the surface is smooth, uniform and compact. Should the subgrade be rutted prior to the next phase of constriction over the subgrade, it shall be reshaped and compacted without additional compensation to the Contractor. Shaping and co;rpacting of suborades prior tc construction cf pavements shall be as specified in ether sections of these specifications. D. TOPSOIL: Topsoil stripped frcm within the protect limits shall be stockpiled at an off -site location provided by the Contract unless on -site stockpile areas are desicnated on the plans. The topsoil shall be stockpiled in such a manner that other materia;a will not become intermixed and interfere with reuse of the topsoil. Topsoil shall be stripped from the designated areas and shall be stripped to a minimum depth of 6" unless otherwise indicated on the plans. when suitable topsoil is not available or. the site, the Contractor shall locate and obtain a supply subject to the approval of the Engineer. The Contractor shall notify the Engineer sufficiently in advance of operations in order that necessary measurements and tests can be made. Immediately prior to dumping and spreading the topsoil on any area, the surface shall be loosened by discs or by other means approved by the Engineer, to a minimum depth of 2" to facilitate bonding of the topsoil to the covered subgrade soil. The surface I 4 EXCAVATION AND EMBANKMENT of the area to be topsoiled shall be cleared of all stones larger than 2" in diameter and all -litter. The topsoil shall be evenly spread on the prepared areas to a uniform depth of 4" after compaction. Spreading shall not be done when the ground or topsoil is frozen, excessively wet, or otherwise in a condition detrimental to the work. Spreading shall be carried on so that seeding operations can proceed with a minimum of soil preparation or tilling. After spreading is completed, the topsoil shall be smooth -graded and the surface left at the prescribed grades in an even properly compacted condition. The finished grades shall prevent the formation of low places or pockets where water will stand. Light rolling with placing or spreading equipment, and wetting if needed, will be required to consolidate the topsoil to the finished grades. E. BACKFILLING CURBS AND -WALKS: After the completion of the walks, curbs and driveways, the Contractor shall backfill adjacent areas to the grade shown on the plans. This backfill shall be placed so as not to damage the walks, curbs and driveways and shall be compacted. N :s 0 F. TOLERANCES: Grading shall be accomplished to the tolerances listed below for the various areas and classes of work as shown. The tolerances listed are maximum variations which will be acceptable for each class of work without exception. (1) The subgrade beneath structures shall be formed and compacted to within 0.05 feet of the finished subgrade as established by grade hubs or stakes. (2) The subgrade for streets, drives and sidewalks shall be formed and compacted within 0.05 feet of the finished subgrade as established by grade hubs or stakes. (3) All areas outside of those mentioned in the previous paragraphs and which are not to receive any type of a finished structure or pavement shall be rough graded to within 0.10 feet of the finished grade after the necessary allowances have been made for the thickness of topsoil. This tolerance shall be reduced as necessary to provide drainage at all points and to prevent the formation of water pockets in the finished grading. Any deviation in excess of the amounts shown above shall be corrected by loosening, adding or removing materials, reshaping and recompacting by sprinkling and rolling. I I II 5 EXCAVATION AND EMBANKMENT I I I 203.05 MEASUREMENT ANC PAYMENT: The measurement and payment of the work included in this section of the specifications shall be at the unit prices listed in the proposal for the various classes of work. Payment at the unit prices listed in the proposal for each of these items shall be considered full compensation for all the equipment, tools, material, labor, supplies and incidentals necessary for completion of the specified work item. All earthwork including excavation, construction of embankments, undercut excavation and backfill, and subgrade preparation shall be paid fcr at the unit or lump sum price as listed in the proposal for "Grading", unless other classes of work are listed. Where payment is tc be made or. a unit price basis, grading will be measured by the square yard or station. Unless otherwise delineated on the plans, the area to be measured shall be the finished subgrade. Classes of earthwcrk listed in the proposal will be measured by the cubic yard and, unless otherwise specified, will be measured in its original position based on cross sections and calculated by the average end area method. Rock excavation will be measured and paid for when provided for in the Proposal. Rock excavation will be treasured by vciume computed by the average end area method. Payment will he made at the contract unit price per cubic yard a. -.d shall he ccnsidered full compensation for removal and disposal of rock. Undercut excavation., when authorized by the Engineer, will be measured by the cubic yard in its original position calculated by the method of average end areas. Undercut excavation including removal, drying, mixing or ccnditicn.ing and replacement will be paid fcr at the contract unit price for "Undercut Excavation". Undercut excavation and backfill with select material will be paid for at the contract unit price for "Undercut Excavation and Backfill (Select Material%". Payment of the contract unit price shall be ccnsidered full compensation for excavation, removal and disposal of material, backfilling, select material, grading and compaction. No separate payment will be made for materials or placement of materials used to backfill undercut areas. Undercut excavation payment will not be nade for removal, excavation and backfill of areas in which trees and stumps are cleared and grubbed. Nc separate payment will be made for borrow excavation or placement of borrow material. Topsoiling will be measured and paid for at the unit price per cubic yard or per square yard stated in the proposal for "Topsoil". Payment at the contract unit price shall be considered full compensation for excavating, hauling, preparation and placing of topsoil. Measurement of topsoil by the cubic yard will be based Cr. the compacted, in -place volume calculated from the area and thickness shown on the plans. The contract price per square yard shall be for the compacted thickness shown on, the plans or stated in the proposal. No separate payment will be Trade for salvaging and stockpiling topsoil; payment for this work shall be considered incidental to other work included in these specifications. No separate payment will be made for topsoil obtained from sources outside the prcject Units. 6 EXCAVATION AND EMBANKMENT I No separate payment will be made for removal, stockpiling and replacement of existing pavement materials unless otherwise'specified in other sections of these specifications. END OF SECTION 203, EXCAVATION AND EMBANKMENT 7 EXCAVATION AND EMBANKMENT L INSECTION 21C, SUSGRADE PREPARATION 21C.01 DESCRIPTION: This work shall consist of shaping and compacting the subgrade prior to placing a base, surface course, or other improvements thereon. 210.02 CONSTRUCTION REQUIREMENTS: This work shall be done after any unstable sections of the subgrade have been repaired and after any existing base or surface courses required to be removed have been removed. The Contractor shall compact and shape the subgrade as may be necessary to produce, at the time the base or surface course is placed, the required density and stability in the top 6 inches of the subgrade and the required grade and cross section. The Contractor will be required to scarify, dry the material, or apply water as may be necessary to obtain the required density and stability. Required density shall be as specified in ether sections of these specifications. The subgrade stability shat: be suc: tnat when any material for base or surface courses is deposited, nc rutting or displacement of the subgrade will occur. 2:0.03 MEASUREMENT ANC PAYMENT: Subgrade preparation w:il be :measured by the square yard or by the station based on the areas shown on the plans. Payment for subgrade preparation, when listed in the bid form, shall be full compensation for scarification, drying or wetting soil, ccnpacticr. and shaping subgrade and related work. When subgrade preparation is not listed as a separate pay item, it shall be ccr.sidered incidental to work specified in Section. 2C3. Payment far correction of ;unstable conditions below the top 6 inches will be as specified irt other sections of these specifications. END CF SECTICN 21C, SUBGRADE PREPARATION 1 SECTION 290. SITE RESTORATION 290.01 SCOPE OF WORK: This work shall consist of restoration of the site within the limits of the right-of-way including replacement of sign and miscellaneous items, cleanup, seeding, sodding, and related work. 290.02 APPLICABLE SPECIFICATIONS: Site clearance and removal and disposal of obstructions are specified in other sections of these specifications. 290.03 MISCELLANEOUS RELOCATIONS: Miscellaneous items including signs, etc. shall be replaced at the location and in the manner shown on the plans and as directed by the Engineer. Items not designated for relocation shall be disposed of as specified in Section 201 of these specifications. All. items damaged during removal, storage or replacement shall be replaced by the Contractor at the Contractor's expense. Replacement of traffic and street signs shall be coordinated with the City of Fayetteville Street Department. 290.04 SEEDING AND FERTILIZING: A. MATERIALS: (1) Lime: Lime shall be agricultural grade ground limestone or I approved equivalent. (2) Fertilizer: Fertilizer shall be a commercial grade, 10-20- 10, uniform in composition, free flowing and suitable for application with mechanical equipment delivered to the site in labeled containers, conforming •to current Arkansas fertilizer laws and bearing the name, trademark and warranty of the producer. (3) Seed: The seed shall be labeled in accordance with current rules and regulations of the Arkansas State Plant Board and shall have a minimum of 98% pure seed and 85% germination by weight and shall contain no more than 1% weed seeds. A combined total of 50 noxious weed seeds shall be the maximum amount allowed per pound of seed with the following exceptions: Johnson grass seed, wild onion seed, wild garlic seed, field bindweed seed or nut grass seed will not be allowed in any amount whatsoever. Seed shall be furnished in sealed, standard containers. Seed which have become wet, mouldy or otherwise damaged in transit or in storage will not be acceptable. • Seed shall be composed of the following varieties and weight per acre: 1 Bermuda - Common - Hulled - 10 :b./acre Spring & Summer & Fall Bermuda - Commc1.. - Unhuiled - :3 lb./acre Fall Red Fescue - Spring, Summer & Fall 20 lb./acre Annual Rye - Spring & Pal: 30 lb./acre (4) Mulcn: Mulch cover shall consist of straw from threshed rice, oats, wheat, barley or rye; of wood excelsior; or from hay obtained from various legumes or grasses, such as lespedeza, clover, vetch, soybeans, bermuda, carpet sedge, bahia, fescue or other legumes or grasses, or a combination thereof. Mulch shall be dry and reasonably free from Johnson grass or other noxicus weeds and shall not be excessively brittle or in an advanced state of decomposition. All material will be inspected and approved prior to use. (5) Water: water shall be of irrigation quality and free cf impurities that would be detrimental to plant growth. F1 C SEEC BED PREPARAT:CN: Areas to be seeded shall be dressed to the shape and section shown on the plans. Al: excess dirt, construction materials, trees, rubbish, debris, roots and stumps shall be removed and disposed of off -site. The Contractor shall obtain soil samples, to a depth of five inches, from, each major soil area, and have a lime requirement analysis conducted. Lime at the rate determined by the lime requirement test shall be uniformly spread on areas to be seeded. The seed bed shall then be thoroughly pulverized by nears of disk harrows or other approved methods, thoroughly mixing lime and soil to a depth of four inches. Objectionable foreign matter turned up shall be removed. Water shall be applied ir: order to maintain the desired moisture content in the soil. Disk harrowing shall be followed by use of a spiked - tooth harrow tc provide a finer surface texture. FERT iii..".: N:.: Fertilizer shall be applied at a rate of 800 pounds per acre. Fertilizer shall be uniformly incorporated into the soil to a depth of at least twc inches. It may be worked into the soil alone or in conjunction with the regtired lime. The fertilizer may be drilled into the soil er combined with the seed in the hydroseeding operation. SEED :N3: Seed shall be placed either by drilling or by hydroseeding. When the seed is drilled. it shall be in rows parallel to the toe 2 SITE RESTORATION I of the slope. Drills shall not be more than six inches apart. Fertilizer and seed shall not be drilled together and shall not be mixed. If a hydroseeder is used, fertilizer and seed may be incorporated into one operation, but a maximum of 800 pounds of fertilizer shall be permitted per each 1500 gallons of water. The area shall be lightly firmed with a cultipacker immediately prior to hydroseeding. E. MULCHING: - - Mulch cover shall be applied at the rate of 4000 pounds- per acre immediately after seeding and shall be spread uniformly over the entire area by approved poser mulching equipment. If the Contractor so elects, an approved mulching machine may be used I. whereby the application of mulch cover and asphalt may be combined into one operation. If this method is used,, no change in application rates will be allowed. F. WATER• After application of the mulch cover, water shall be applied in sufficient quantity to thoroughly moisten the soil to a depth of pulverization and then, as necessary, to germinate the seed and maintain growth at the direction of the Engineer for a period of at least 3 weeks. The time required for application of water will not be included in the computations of contract time for completion of the project provided all other work under the contract has been completed. G. RESEEDING: After germination has occurred, any area which does not have a stand of grass shall be refertilized and reseeded and watered in accordance with the above paragraphs. Any portion of the seeded area which becomes gullied or otherwise damaged shall be repaired and a stand of grass obtained. 290.05 SOLIDSODDING: Sod shall consist of live grass and shall be Bermuda unless other types of grass are specified. The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its Subsistence or hardiness when transplanted. At locations designated on the plans, or where directed by the Engineer, sod blocks shall be carefully placed on the prepared areas. Sod shall be so placed that the entire designated areas shall be covered. Any voids left in the block sodding shall be filled with additional sod and tamped. The entire sodded area shall be rolled and tamped to form a solid mass. 3 SITE RESTORATION ' J C I I II II I I I II II II II 1J n I n Li Sod placed c- slopes steeper than 3 horizcrtal to ore vertical shall be pegged with wooden pegs or other atprcved devices driven through the sod into firm earth. Sodded areas shall be thoroughly watered inxediately after they are planted and shall be subsequently watered as required until completion and final acceptance of the project. 29C.06 CLEANUP: Prior to final acceptance and payment, the Contractor shall remove all machinery, equipment, surplus materials, rubbish, etc., from the Pavement, driveways and sidewalks and storm drainage facilities shall be cleaned and all soils and cther debris removed. 290.07 MEASUREMENT AND PAYMENT: No separate payment will be made for site restoration, relocation cf miscellaneous items and other work specified in this section. Compensation for relocation of miscellanecus items and cleanup shall be ccr.sidered incidental to other work specified in. these specifications. Seeding, fertilizing and mulching, when listed on the bid form, will be measured and paid fcr on a unit price basis. Seedino, fertilizing and mulching will be measured by the square yard. acre or station as listed in the bid form. Payment at the ccr.tract unit price shall be full compensation for furnishing and applying seed, fertilizer, lime, .mulch and water, for seed bed preparation and for maintaining seeded areas. Solid sodding will be measured by the square yard of scdded area. Payment at the contract unit price shat: be f::ll compensation for furnisting and placing sod, preparation cf areas to receive sod, water and for maintenance of sodded areas. END OF SECTION 290, SITE RESTORATION 4 SITE RESTORATION II SECTION 305 CRUSHED STONE BASE COURSE ' 305.01 DESCRIPTION: This work shall consist of furnishing and placing a crushed aggregate base course in accordance with the details and typical sections shown on the plans. 305.02 APPLICABLE SPECIFICATIONS: All materials and construction methods shall bein accordance with these specifications and with the standards referenced herein. Reference to "ASHC Standard Specifications" shall indicate the Arkansas State Highway Commission Standard Specifications for Highway Construction, Edition of 1978. 305.03 MATERIALS: Crushed stone base course shall conform to ASHC Standard Specification Section 306, Class SB-2. The Contractor shall furnish certification from the material supplier of material manufacture, analysis or other information when specified or requested by the Engineer. Copies of material tickets shall be furnished the Engineer at the point of delivery to the. project site. 305.04 CONSTRUCTION METHODS: The base course shall be placed on a completed and approved subgrade or approved subbase course. Base material shall not be placed on a frozen subgrade or subbase. Placement of base course material shall be terminated if rutting or yielding of the subgrade occurs due to hauling, spreading or any other reason. Correction of rutted or yielded areas shall be as specified in other sections or as directed by the Engineer. The maximum compacted thickness of any one layer shall be eight inches. d Spreading of base material shall be accomplished in a manner which will prevent segregation. The base material shall be compacted in such a manner that a uniform texture is produced and the aggregates firmly keyed. Water shall be applied over the base material during compaction as required for consolidation. Base course material shall be compacted to not less than 95 percent of the maximum density determined in accordance with AASHTO T 180 Method D. Field density determinations will be made in accordance with AASHTO T 238. A minimum of one density test will be made for each 750 square yards of finished base course unless otherwise directed by the Engineer. The Contractor will obtain and pay for all testing of the crushed stone base course. -01 1 1 The compacted thickness of the base course shall be within 1/2 inch, plus or minus, of the specified thickness. The compacted base course will be tested for depth. The Contractor shall correct all deficiencies by scarifying, removing or placing additional material, mixing, reshaping and recompacting to the specified density. 1i II U Ii I II I 11 I 305.05 MEASUREMENT AND PAYMENT: Crushed stone base course will be measured by the cubic yard or by the ton. The volume will be based on the in -place compacted volume computed from the actual area of the base course and the specified plan thickness. Where measurement is by the ton, the Contractor shall furnish a legible copy of a weigh certificate showing the gross, tare and net weight of each truck load. Payment at the contract unit price per cubic yard or ton, as shown on the bid form, shall constitute full compensation for furnishing and placing crushed stone base course including compaction, water and related work. Payment will be made under: Pay Item Crushed Stone Base Course Pay Unit Cubic Yard or Ton or lump sum END OF SECTION 335, CRUSHED STONE BASE COURSE I 2 CRUSHED STONE BASE COURSE II SECTION 401, CONCRETE 401.01 SCOPE OF WORK: II II The work under this section of the specifications shall consist of furnishing all equipment, tools, materials, labor and supplies, and of performing all operation necessary to complete all the concrete work including the excavation and backfill as shown on the plans as specified below. 401.02 MATERIALS: The materials and construction methods to be used shall be in accordance with the following American Society for Testing and Materials specifications or other indicated standards or requirements and applicable parts of American Concrete Institute "Building Code Requirements for Reinforced Concrete" ACI 318. A. WATER: Water shall be clean and potable. B. PORTLAND CEMENT: Portland cement shall be all of the same brand and shall conform to the requirements of ASTM Standard Specification c 150 for Type I cement. Type III cement shall be used when so specified or when authorized by the Engineer. C. AIR ENTRAINED CEMENT: Air entrained portland cement shall be all of the same brand and shall conform to the requirements of ASTM Standard Specification C 175. D. FLYASM: Flyash shall be the product of one burning source and shall conform to ASTM Standard C 618, Class C. E. FINE AGGREGATE: Natural sand which is clean, well graded and conforms to the requirements of ASTM C 33 shall be used for fine aggregate. F. COARSE AGGREGATE: Coarse aggregate shall consist of clean, crushed stone or gravel -and shall conform to the requirements of ASTM C 33. The gradation and maximum size of the aggregate shall be as follows: ASTM No. 467 (Max. Size = 1 1/2") shall be used where clearances permit and for a free fall of less than six (6) feet in depositing concrete, except where reinforcing steel is close, No. 67 aggregate shall be used. ASTM No. 57 1 II aggregate shall be used when directed by the Engineer cr with the approval cf the Engineer. ASTM No. 67 (Max. Size = 3/4") shall be used where the free fall is six (6;• feet or greater for depositing concrete. G. ADMIXTURES: Admixtures shat: be used in strict conformance with these specifications and only witt the approval cf the Engineer. Air Entraining Admixtures of the neutralized vinsol resin type conforming to the requirements of ASTM Designation C 260 may be used with Type 1 cement. It shall be used in strict accordance with the manufacturer's recommendations so that the total air content of the concrete as mixed shall be within the following limits: Maximum Size of Coarse Aocrenate Air Content 3/4 inch 5.0% to 7.C% inch 4.5% to 5.5% .!2 inch 4.3% to 6.0% The canoni laboratory test E of ASTM C 260 concrete. ate supplier shall furnish certified copies of reports prepared .n accordance with Section for any air -entraining admixture used in the Chemical Admixtures conforming to the requirements of ASTM C 494 may be used .f approved by the Engineer, if tested in accordance with the following criteria, and if used in strict accordance with the manufacturer's recommendations. (1; The concrete supplier shall furnish certified copies of laboratory test reports prepared in accordance with Section 11.1 thru 11.3 of ASTM C 494 for each admixture used .n the concrete. (2) Befcre using two (2) or more admixtures simultaneously, the concrete supplier shall furnish certified copies of laboratory test reports prepared in accordance with Section 11.4 of ASTM C 494, for each combination of admixtures and local materials. This requirement shall pertain to a combination. of ASTM C 260 and C 494 admixtures or a combination of C 494 adm.ixtures. R. REINFORCING STEEL: Reinforcing steel for concrete shall be deformed, clean, free from rust and new. :t shall conform to ASTM Standard A 615 and shall be Grade 60 for bars No. 4 and larger and Grade 40 for No. 3 bars. 2 CONCRETE I. J. K. L M. N*. W to X u I SMOOTH DOWEL BARS: Plain steel bars for reinforcing concrete slab expansion joints shall meet the requirements of ASTM A 615, Grade 60. These plain round dowel bars shall be free from burrs or other deformations restricting slippage in the concrete. Before delivery to the job site, one-half of the length of each dowel bar shall be painted with one coat of lead or tar paint. WIRE FABRIC: Wire fabric shall be electrically -welded wire fabric of cold - drawn wire (70,000 psi yield point) of the diameter and spacing required and shall conform to ASTM Standard A 185. GROUT: Grout shall be a mixture of one (1) part Portland cement to two (2) parts of sand plus the required water for proper flow. PREFORMED JOINT MATERIAL: Preformed joint material for slab expansion joints shall meet the requirements of ASTM Standard D 1751 for nonextruding and resilient bituminous type fillers. Unless otherwise indicated within the specifications or on the plans, the joint filler shall have a thickness of 1/2 inch for interior uses and 3/4 inch for exterior uses. JOINT SEALER (HOT APPLIED): The joint sealer for horizontal joints in concrete slabs shall be of the hot -poured, -elastic type unless otherwise specified. The sealer shall meet the requirements of ASTM Standard D 1190. JOINT SEALER (COLD APPLIED): The joint sealer for horizontal joints in concrete slabs shall, when specifically specified, be a two liquid component, cold - extruded, synthetic polymer. The sealer shall meet the requirements of Federal Specification SS -S -159b. BONDING AGENT: A bonding agent used in the mortar or concrete mix for patching new concrete surfaces and for finishing vertical exposed surfaces, shall be Surface Engineering Company product Tite-Crete or an approved equal. COVER MATERIALS FOR CURING: Interior concrete floor slabs in which the: concrete surface is to be exposed, shall be coated with a curing compound meeting the I 3 CONCRETE I I requirements of ASTM Standard C 309, Type 1. The curing compound shall further act as a sealer to reduce dusting of the floor. Exterior concrete slabs and pavements shall he coated with a curing compound meeting the requirements of ASTM Standard C 309, Type 2, white pigmented. Other curing materials which will be accepted in areas where curing compounds are not applicable, shall meet the following specifications: White polyethylene sheeting........AASH:o M 171 Burlap C1oth .......................AASHT0 M :82 40:.03 STORAGE OF N.ATEPZALS: Cement shall be stcred in weathertight building, bins, cr silos which will provide protection from dampness and contamination and will minimize warehouse set. Any cement damaged by moisture or which fails to meet any of the specified requirements shall be rejected and removed from the work. Aggregate stockpiles shall be arranged and used in a manner to avoid segregation or contamination with other materials or with other sizes of like aggregates. Sand shall be allowed to drain until it has reached a uniform moisture content before it is used in a concrete slab. Frozen or partially frozen aggregates shall not be used. Any material which has deteriorated, been contaminated with deleterious or foreign material, or which has beert otherwise damaged, shall not be used for concrete. 401.04 CLASs:F:CAT:ON: Concrete shall be classified as provided for below. The strengths for each classification of concrete shall be the minimum, compressive strength for that Clasc of concrete at 28 days. Class ^AAA"..........4000 psi Crass "AA"...........35C0 psi Class "A"............3000 psi Class con ............250C psi Class ..C..............200C psi Concrete shall be air entrained when specified elsewhere or when shown on the plans. The total air content cf air entrained concrete shall be as specified in paragraph 4C:.02.G. above. The air content shall be based on measurements 4 CONCRETE u made on concrete immediately after discharge from the mixer in accordance with ASTM C 231. 401.05 CONCRETE QUALITY: All concrete shall be designed to provide a 28 -day strength stated in fl Section 401.04 of these specifications according to the class of concrete which is stated elsewhere within these specifications or on the plans. The materials shall be proportioned by weight in such a manner as to obtain a plastic workable mix. At least four (4) test cylinders shall be made and tested from each 100 cubic yards of concrete or fraction thereof placed each day, unless exceptions are permitted by the Engineer. The concrete test cylinders from each group shall be tested as follows and shall meet the following requirements. No. of Cylinders - Age - Strength Requirement To Be Tested Da s Minimum % of 28 Day 1 3 45% M. 1 7 65% 2 28 100% The strength level of an individual class of concrete shall be considered satisfactory if both of the following requirements are met: a. The average of all cylinders of three consecutive sets of strength tests equal or exceed the required 28 day strength. b. No individual strength tests of a set (average of.two cylinders) falls below the required 28 day strength by more than 500 psi. In the event the concrete cylinder strength do not meet the minimum requirements set forth above, the Contractor shall pay for additional testing as specified herein and as directed by the Engineer. Concrete cores shall be taken from the portion of the structure represented by the low strength flcylinders. Three (3) cores shall be taken for each strength test not meeting the previously stated requirements. These cores shall be tested and evaluated in accordance with Section 4.8.-4.3, 4.8.4.4 and 4.8.4.5 of ACI Standard 318, Building Code Requirements for Reinforced Concrete. 401.06 CONCRETE PROPORTIONS: Concrete mix designs shall be in accordance with ACI Standard 211.1, "Recommended Practice for Selecting Proportions for Normal and Heavyweight Concrete". Four (4) copies of each proposed mix design and material test results ftshall be submitted to the Engineer for review and approval prior to the placement of any concrete, unless otherwise directed by the Engineer. The mix design strength shall be verified by a minimum of 6 test cylinders, the results of which shall accompany the -mix design data submitted. One of the 6 cylinders shall be tested at 3 days, two at 7 days and three at 28 days. a. . FK. 5 CONCRETE I I I Ii 11 I n I I] The slump of a:: concrete shall be four inches (4";, plus or minus one inch (1"), unless otherwise stated or: the plans, in the Special Conditions, or in ether sections of these specifications. Flyash shall not be used to replace mcre than. 20 percent by weight of the Portland cement needed for the mix. 4C1.07 BATCH:NG AND MIX:NG: The concrete shall be batched and mixed in approve and/or mixers. The concrete shall be mixed for a minimum fcr batches of 2 cubic yards or less and the time shall be of 15 seconds for each additional cubic yard or fraction shall be placed within one (1) hour after the introduction cement and aggregates. d batching machines cf two (2) minutes increased a minimum therecf. Concrete of the water to the Ready -mixed concrete may be used, provided that the concrete produced and the methods of producing the concrete conforms to the specifications and the equipment and methods are in accordance with ASTM Specifications C 94, Specifications for Readv-Mixed Concrete. The Engi.-.eer shall have free access •to the nixing plant at all times. The batching of cement and aggregates shall be by weight with a maximum tolerance of one (;) percent for cement and two (2) percent for each aggregate and the cumulative tctal of the aggregate. Water measurement for the concrete may be by volume or weight but the method used shall be accurate to within one (ii percent. ' The moisture content of the sand shall be checked and recorded periodically and the mixing water quantity adjusted tc keep the concrete consistency reasonably constant. Al: admixtures, including those cited within this Section of the specifications or within other Sections of the specifications, shall be approved ' by the Engineer prior to use. Unless otherwise approved. All admixtures shall be added separately and shall be added at the mixer. 1 401.C6 CONCRETE TIME L:MIm. The length of time that the concrete can be held in the truck shall conform to the followinc: ' a. Air temperature 45 degrees F. to so degrees F. - 50 minutes maximum. ' b. Air temperature cver 60 degrees F. with a retarder added to the mix - 90 minutes maximum. C. Air temperature cver 60 degrees F. without a retarder added to the nix - 60 minutes naximam.. n ' 6 CONCRETE 4 I t 401.09 FORMS: ' The design and engineering of the formwork, as well as its construction, shall be the responsibility of the Contractor. The formwork shall be designed for the loads and lateral pressures outlined in ACI Standard 347, "Recommended Practice for Concrete Formwork". The Contractor shall provide all forms required for the proper execution of the concrete work. Forms for concrete shall be rigidly braced so that they cannot bulge or warp and thereby leave an unworkmanlike finished surface. They may be constructed of any material with sufficient strength to give the finished work a satisfactory surface. Forms for concrete which are to be left exposed shall be lined with plywood, except where special form liners or other special finish is specified. The forms must be sufficiently tight so that mortar cannot escape from the concrete in an appreciable quantity in the opinion of the Engineer. Joints in form boards for exposed areas shall be arranged to produce a uniform pattern with a minimum of joints. Form accessories to be partially or wholly embedded in the concrete, such as ties and hangars, shall be a commercially manufactured type. Non -fabricated wire is not acceptable. The portion remaining within the concrete shall leave no metal within one (1) inch of the surface when the concrete is to be exposed to view. Spreader cones on ties shall not exceed one (1) inch in diameter. All forms shall be treated with form oil to prevent bonding of forms to concrete. The coating shall be applied prior to the placement of steel reinforcement whenever possible. The coating shall be of a type that will not inhibit the bond of any applied finishes. 401.10 REINFORCEMENT: The fabrication of all reinforcement shall be in accordance with ACI 315, "Manual of Standard Practice for Detailing Reinforced Concrete Structures". All reinforcing bars shall be bent cold. Bars shall be bent before they are placed in the forms. No field bending or bars partially embedded in concrete will be permitted. All reinforcement shall be accurately placed, as shown on the plans, and shall be firmly held in position so that it will not be subject to displacement during concreting operations. Bars shall be fastened together at intersections. The reinforcement shall be supported by approved metal chairs. The reinforcement shall be placed and secured to provide the concrete protection and embedment specified in ACI Standard 318. All welded wire fabric may be furnished in rolls and shall be lapped not less than 6 inches on all sides. Shop drawings and bending details shall be supplied by the Contractor when required. I 7 CONCRETE I I C I 1 I Li El I I J I, I, I J I J I L+ 401.1: EMBEDDED :TENS• Before placing concrete, any items that are to be embedded shall be firmly and securely fastened in place as indicated. Al: such items shall be clear. and free frox coatings, rust, scale, oil, or any foreign matter. The embedding of wood shall be avoided. During concreting operations, the concrete shall be spaded and consolidated around and against embedded items. 4C:.12 PLAC:NC, CONCRETE: Befcre any concrete is placed, the reinforcing steel, forms, and subgrade shall be thoroughly cleaned of hardened concrete, rust, chips, sawdust, mud, dried porous earth cr other foreign materials. The subgrade, forms and reinforcing steel shall all be free cf ice or frost and free water. Concrete shall not be placed until the approval of the subgrade, forms, reinforcing steel and other related conditions has been given by the Engineer. The Contractor shall furnish the Engineer with a minimum, notice cf 24 hours of his intention to place concrete. Before depositing concrete on Cr against concrete which has taken its initial set, the surface of the hardened concrete shall be completely cleaned of all foreign matter and latency, the inferior surface concrete removed and the remaining surface of the hardened concrete roughened. The forms and reinforcement shall also be completely cleaned of all mortar and loose material. A layer of grout of the same cement -sand ratio as the concrete, but without coarse aggregate, shall then be placed to a thickness of approximately one-half (1/2) inch on the cleaned surface after which the new concrete shall be imnediately placed. In placing concrete, care shall be taken that the freshly placed crass is so placed and vibrated that there is no tendency for the coarse aggregate to segregate from the mortar, that no rock pockets are left, that the concrete flows readily around the steel and embedded itens and into the extremities of the forms. The concrete shall be deposited as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. The free fall of the concrete shall be held to a minimum and no fail greater than ten (1C) feet will be permitted without the approval of the Engineer. No concrete will be deposited without vibration. Vibrating shall not be continued :n any cne spot to the extent that pools of grout are formed. Mechanical vibrators shall have a minimum frequency of 7C00 revolutions per minute and shall be operated by competent workmen. Over -vibrating and the use of vibrators to transport concrete within the forms shall not be allowed. Vibrators shall be inserted and withdrawn at many points, from 18 to 30 inches apart. At each insertion, the duration shall be sufficient to consolidate the concrete, but not sufficient to cause segregation., generally from 5 to 15 seconds duration. A spare vibrator shall be kept on the job site during all concrete placing operations. In addition to vibrating, the concrete shall be hand rodded around embedded items, projecticns cf reinforcement and in the corners of forms. ri a CONCRETE I The placement of the concrete shall be carried on at a rate such that the formation of cold joints will not be permitted. If a section cannot be placed continuously, construction joints shall be positioned at approved locations. 401.13 JOINTS: Joints shall be at the locations and of the type shown on the plans unless otherwise approved by the Engineer. Joints not shown on the drawings shall be made and located so as to least impair the strength of the structure and shall be approved by the Engineer. When the placing of concrete is suspended, necessary provisions shall be made for joining the future work before, the placed concrete takes its initial set. Longitudinal keys not less than 1 1/2 inches deep shall be provided in all joints in walls and between walls and slabs or footings. All reinforcing steel shall be continued across joints. Dowels shall be provided at joints as directed by the Engineer., Expansion and construction joints in slabs shall be constructed so as to allow the normal finishing operations to be executed and completed over the joint. After the final finish; but before the concrete has taken its initial set, the edges of the slab and on each side of expansion and construction joints shall be worked with an approved tool and rounded to a 1/4 inch radius. A well- defined and continuous radius shall be produced and a smooth, dense mortar finish obtained. The surface of the slab shall not be unduly disturbed by tilting the tool during use. Tool marks shall be eliminated by brooming and refinishing the surface. The rounding of- the corner of the slab shall not be disturbed in the refinishing operation. All concrete shall be completely removed from the top of the joint filler at expansion joints. 401.14 REMOVAL OF FORMS: Removal of forms shall be done in a manner which will assure complete safety of the structure and concrete.Except for portions of structures supported on shores, the removal of wall forms, slab edge forms, beam forms and similar vertical forms may be commenced after 24 hours provided the concrete is sufficiently hard and will not be injured. In no case shall the supporting forms and shoring be removed from beneath beams or slabs until the representative concrete cylinder tests indicate that the concrete has attained a compressive strength of 2500 psi or better and not sooner than 7 days after the concrete is placed, except by permission of the Engineer. 401.15 CURING CONCRETE: Concrete shall be maintained above 50 degrees F. and in a moist condition for at least the first 7 days after placing, except that high -early -strength concrete shall be so maintained for at least the first 3 days. When wood or steel forms are used and left in place during curing, they shall be kept wet at all times. If the forms are removed before the end of the 9 CONCRETE I I !I 1• 1 ,, I I ii G I II U II I II 7 -day curing period, the concrete shall then be sprayed with a curing compound as specified for exposed surfaces. Exposed surfaces of concrete shall be cured using the approved curing compound except where special finishes require the use cf other curing materials. Curing compounds shall be applied with approved spraying equipment and shall be applied at the coverage rate recommended by the manufacturer. The second coat shall be applied in a direction approximately at right angles to the direction of application of the first coat. The compound shall form a ur.ifcrm, continuous, coherent film that will not check, crack, or peel and shall be free from pinhcles or other imperfections. Concrete surfaces which are subjected to rainfall within 3 hours after the curing compound has been applied, shall be re -sprayed. 401.16 HOT WEATHER CONCRETING: This section shall apply to all concrete work done when the air temperature is 83 degrees F. or forecasted to rise above this temperature within 24 hours after placement of the concrete. The temperature of concrete when placed in the fcrms shall nct exceed 9C degrees F. Mixing water shall he kept ccol and storage tanks and supply lines shall be shaded or adequately insulated. Aggregate stockpiles shall be saturated and the surfaces kept moist by interr..tter1t sprinkling. II I I The amount of mixing and agitating should be held to the minimum practicable. It is recommended that the number of revolutions cf the mixer or agitator truck not exceed 125. caner. approved in writing by the Engineer, a water reducing and retarding admixture or a high -range water reducer (super -plasticizer) may be used. The length of time that the concrete can be held in the truck shall conform to the following: a. Air temperature over 90 degrees F. with a retarder added to the mix, 9C minutes maximum. b. Air temperature over 80 degrees F. without a retarder added to the mix, 60 minutes TaxL-rum. When it is windy, water may be evaporated from the surface rapidly, thus tending to produce plastic shrinkage cracks and cold joints. A fog spray of water shall Sc used tc cocl the air before and after finishing operations. 401.17 CC:.,C WEATHER CONCRETING: This aect'_or, shall apply to all ccr.crete work done when the air temperature is 40 degrees F. or forecasted to drop below this temperature within. 24 hours after placement of the concrete. Plans to protect fresh concrete from freezing and to maintain temperatures above the designated minimums for the I required time after placing, shall be made I10 CONCRETE I in advance of expected low temperatures and shall be done entirely at the Contractor's Before placing concrete during cold shall be free of snow, frost and ice. All with the newly -placed concrete shall be at F. to prevent early freezing of the con hardening. • reported risk. weather surfaces a minimur Crete or to the Engineer. The work the forms and reinforcing which are to be in contact temperature of 35 degrees seriously prolonging its The minimum concrete temperature during placement shall be 55 degrees F. This minimum Concrete temperature prior to placement, may be attained by heating the mixing water, by heating the aggregates, or by a combination of these two items. Mixing water shall be heated to a maximum temperature of 150 degrees F. . Heat of hydration shall be forms and insulating blankets. of not less than 55 degrees F. damaged by frost action shall expense. retained in the concrete by the use of insulated 'he concrete shall be maintained at a temperature for a minimum period of 3 days. All concrete be removed and replaced at the Contractor's Water reducing accelerators, conforming to ASTM C 494, "Chemical Admixture for Concrete", Type E, may be used with the written permission of the Engineer. 401.18 FINISHING: All surfaces which are to be exposed to view after the completion of all work shall be free from conspicuous lines or other irregularities caused by defects in the forms. These surfaces shall be finished in the following manner. Immediately after the forms are removed, all depressions and voids shall be patched and all fins and other imperfections removed. Metal form ties shall be cut off 3/4 inch deep in the concrete and grouted. The area to be patched and an area at least 6 inches wide surrounding it shall be dampened to prevent absorption of water from the patching mortar. The bonding grout shall be prepared using a mix of approximately 1 part cement to 1 part fine sand passing a No. 30 mesh sieve. It shall be mixed to the consistency of thick cream and shall then be well brushed into the surface. The patching mixture shall be made of the same material and of approximately the same proportions as used for the concrete, except that the coarse aggregate shall be omitted and the mortar shall consist of not more than 1 part cement to 2 1/2 parts sand by damp loose volume. The quantity of mixing water shall be no more than necessary for handling and placing. The patching mortar shall be mixed in advance and allowed to stand with frequent manipulation with a trowel, without addition of water, until it has reached the stiffest consistency that will permit placing. I II I II I II II II I II After the surface water has evaporated from the area to be patched, the bond coat shall be well brushed into the surface. When the bond coat begins to lose the water. sheen, the premixed patching mortar shall be applied. The mortar shall be thoroughly consolidated into place and struck off so as to leave the patch slightly higher than the surrounding surface. To permit initial shrinkage, it shall be left undisturbed for at least one (1) hour before being finally finished. The patched area shall be kept damp for 7 days. Metal tools shall not be used in finishing a patch in a formed wall which will be exposed. 11 CONCRETE I I iThe finished surfaces of concrete shall be as follows their location. F I I 1 F 11 I 11 11 11 11 I] n I Ii I I A. WALLS EXPCSED TO V:EW: depending upon Following the patching procedures outlined, the surface of the concrete shall receive a grout cleaned finish. After the concrete is predampened, a mixture consisting of 1 part cement and ./2 parts sand passing the No. 16 sieve shall be mixed with "Tite- Crete" to form a slurry, and steal: he spread over the surface with clean burlap pads or rubber floats. Any surplus shall be removed by scraping and then rubbing with clean burlap. B. WALLS NOT EXPCSED TO VIEW: The surface of the concrete shall be patched as previously specified. Fins exceeding 1/4 inch in height shall be rubbed down with wooden blocks. The surface shall otherwise be left with the texture imparted by the forms if they are reasonably true to line and plane. C. t'NFORMEC S;:RFACES: Tops of walls and similar unformed surfaces occurring adjacent to formed surfaces shall be struck smooth after concrete is placed and shall be floated to a texture reasonably consistent with that of the formed surfaces. Final treatment on formed surfaces shall continue uniformly across the unforr.ed surfaces. D. :N:EP.IOR FLATWORK: All exposed concrete surfaces shall be true, smooth, free from open cr rough spaces, dcpression.s or prclections. The fir.Lshed surface shall ce checked for trueness of surface which shall be level within. :/4 inch in IG feet. :rregularities shall be corrected. After the concrete has been placed, struck off, consolidated and leveled, the concrete shall not he worked further until ready for floating. Floating shall begin when the water sheen has disappeared and/or the mix has stiffened sufficiently to permit the proper operation of a power -driven float. The surface shall then be consolidated with power -driven floats. Hand floating with wood or cork -faced floats shall be used in locations inaccessible to the power -driven machine. After the moisture has disappeared. steel trowel the surface to a smooth, ever., ;n -pervious finish, free from trowel marks. After the surface has set sufficiently to ring the trowel, it shall be given a second troweling to a burnished finish. The use of a cement paste or dry cement and sand as a topping or to absorb moisture is strictly prohibited. I 12 CONCRETE I ri I I I 11 E. EXTERIOR FLATWORK: All exterior pavements, sidewalks and slabs shall be finished the same as interior flatwork except the finish shall be broomed, unless otherwise specified in other sections of these specifications. F. SPECIAL FINISHES: Special finishes to be used on a given type of work shall be specified in the section of the specifications concerning that work. Finishes specified elsewhere in these specifications shall take preference over the finishes described above. 401.19 DEFECTIVE WORK: Any defective work disclosed after the forms have been removed or slabs straightedged, shall be immediately removed and replaced. If any dimensions are deficient, or if the surface of the concrete is bulged, uneven, or shows honeycomb, which in the opinion of the Engineer cannot be repaired satisfactorily, the entire section shall be removed and replaced at the expense of the Contractor. 401.20 SEALING JOINTS: All joints in concrete slabs shall be thoroughly cleaned after the curing period. The cleaning shall remove all foreign material, joint sawing residue, dirt and other deleterious matter. The joint shall then be sealed with the specified joint sealing compound, applied by pressure if necessary. Joints shall be slightly underfilled to prevent extrusion of the sealer. The sealer shall be brought to within 1/8 inch to 1/4 inch from the top of the slab surface. The cleaning and filling shall be carefully done with proper equipment in a manner to obtain a neat appearing joint free from excess joint filler. 401.21 BASIS OF PAYMENT: Separate payment for concrete and concrete work will not be made under this section of the specifications. If payment is to be made separately for concrete and concrete work, it shall be as stated in the section of these specifications where the item is called for. Unless otherwise stated in other sections and in the Proposal, the concrete and concrete work including all labor, materials, tools, equipment, supplies and incidentals for completed concrete work in place, will be paid for as a part of the applicable unit price listed in the Proposal for the items requiring concrete work. Said payment shall be considered full compensation for all labor, equipment, concrete, reinforcing steel, excavation and backfill, and other related items necessary for the work included in this section of the specifications. END OF SECTION 401, CONCRETE II U II 1I 11 II •1 I II I CONCRETE 1 SECT:ON 7C:. EXCAVATION TRENCHING AND BACKF: 'ING 701.C: SCOPE: This work shall include all excavation, trenching, bedding, backfilling and related items required for installation of sanitary sewer lines, structures and appurtenances. 701.C2 MATERIALS: A. GRAVEL BEDDING: Granular material used for bedding shall be crushed stone or gravel and shall be well graded containing several sizes of particles ranging from 3/4 inch maximum to No. 4. Unless otherwise approved by the Engineer, the material shall meet the requirements of ASTM C 33, Gradation 57. B. SELECT BACKF:LL: Select backfil: shall be a granularmater:al, maximum particle size of 3 inches, graded from coarse to fine, confors.ing to AASHTO classification A-1, A-2-4 or A-2-5, or a sandy or gravely clay co-fcrwing to classification. A-2-6 or A -E with the exception that the p:astacity index shall not exceed 23. The Con tractor shat: furnish, &t his expense, test data to indicate compliance o= select material with this specification. 70:.03 GENERA:.: The trench shall be excavated so that the pipe can be :aid to the alignment and grade required by the plans. ?;o deviation shall be made from the required line or grade except with the written consent of the Engineer. Whenever obstructions not show, on the plans are encountered during the progress of the work and interfere tc such an extent that an alteration in the plans is required, the Engineer shall have the authority tc change the plans and order a deviation from the line and grade or arrange with the Owners of the structures for the removal, relocation or reconstruction of the obstructions. The excavation of trenches shall not advance more than 150 feet ahead of the completed pipe work and completed backfill without permission from the Engineer. All excavation shall be in open cut. I It a 701.04 EXCAVATION: The Contractor shall accurately excavate all the material encountered within the lines and grades shown on the plans and as specified and established by the Engineer. C Below a point 12" above the outside top of the pipe, the trench shall have vertical sides and shall have a minimum width equal the pipe outside diameter plus 18" and a maximum width equal the pipe outside diameter plus 30". At any point where the width of the lower portion of the trench exceeds these limits, corrective measures shall be taken by the Contractor. As directed by the Engineer, the Contractor shall provide either pipe of adequate strength, special pipe embedment, or a concrete cradle as required by the loading conditions. These corrective items shall be furnished and installed by, and at the expense of the Contractor, and no additional payment will be made. Material suitable for backfilling shall be piled in an orderly manner a sufficient distance from the banks of the trench to avoid overloading and to prevent slides or cave-ins. All excavated materials not required or unsuitable for backfill shall be removed and wasted as indicated or as directed by the Engineer. Where necessary to protect the labor, the work or adjacent property, the Contractor shall provide and install shoring. The material used shall be of suitable dimensions and strength to prevent the settlement or movement of the ground adjacent to the trench and to prevent damage to all surface or subsurface structures. The adequacy and need of the sheeting and bracing shall be the complete responsibility of the Contractor. The shoring shall remain in place until the backfill has proceeded to a point where it can safely be removed, except that, if in the opinion of the Engineer, damage is likely to result from withdrawing shoring, it shall.remain in place. No separate payment will be made for sheeting, shoring and bracing. If the soil at the bottom of the trench is unstable and in such condition that it cannot be properly graded, -the trench shall be excavated to a depth determined by the Engineer and backfilled to grade with crushed stone or gravel well compacted by tamping. All excavation shall be dewatered before any construction is undertaken therein. All pipe shall be laid in dry trenches and all concrete shall be placed only upon dry and firm foundation material. The Contractor shall pump, bail, or temporarily provide drainage for any water which may be encountered. Should the specified methods of dewatering the trenches be unsuccessful, the trench shall be excavated to a depth of approximately 6" below grade. It shall then be backfilled to grade with gravel bedding. A sump below the gravel shall, be formed to provide a place for a pump to take suction, and thus lower the water level to a.point below the bottoms of the pipe joints. The pumping shall be continued until the joints have been placed, and the presence of water will not injure them. Backfilling shall not be commenced until the trench has been dewatered. If rock is present above the grade line of the trench, it shall be excavated to the grade required for placement of bedding. Rock shall' consist of sedimentary or other types of rock which cannot be excavated without the use of rippers or impact hammers. Rock excavation shall include boulders and deposits of concrete with a volume of 1/2 cubic yard or more. The trench shall then be backfilled to grade with crushed stone or gravel. This backfill shall be placed -prior to the time the sewer pipe is laid. No explosives shall be used. 2 EXCAVATION, TRENCHING AND BACKFILLING I% I I I IN I r_ 11 I I I All excavated rock shall be removed from the site and shall be disposed of by the Contractor. 701.05 SEDC:NG: All pipe shall be fully embedded in granular material (gravel bedding) a minimum of four (4) inches around the outside of the pipe. Prior to installation of the pipe, the granular bedding shall be shaped to provide uniform support for the bottom quadrant of the pipe barrel. Placement of granular material on each side of pipe (haunching) and immediately above the top of the pipe (initial backfill) shall be accomplished in a manner which will prevent displacement or deflection of the pipe. 701.06 BACKFILLING: All trenches shall be backfilled immediately after the pipe is laid and approved. All backfilling shall be done by methods which will not disturt the pipe. Backfill material shall consist of on -site material excavated from the trenches except where the use of special backfill materials are required or. the plans or directed by the Engineer. On -site backfill material shall be free of rocks, clods or frczen masses over three inches in diameter or organic matter. Backfill material shall be approved by the Engineer prior to placement in the trench. Backfill up to a level of one foot above the top of the pipe shall be placed by hand shoveling within the trench and sha; be deposited ir. maximum layers of 6". Each layer shall be compacted by tamping. Pipe shall not be displaced during tamping of the backfill. Moisture content of the backfill material shall be controlled as required to obtain. the specified compaction. From a point one foot above the top of the pipe, backfill may be placed by any approved method which will not injure or disturb the pipe and will result in the specified compaction. Trench backfill density re uirements vary with the location and depth of the trench. The percentage of compact_on requirements for the varicus locations are minimum densities which will be accepted. All densities specified herein are based or. the maximum dry density of the material obtained by the standard method of test aE determined by AASETO 7-99, latest revision. Field density determination shall conform tc AASHTO T-238. L 3 EXCAVATION, TRENCHING AND BACKFILLING Location or Depth Bottom of.trench to 12 above the top of the pipe Upper portions of the trench not under pavement Upper portions of the trench under streets, driveways, sidewalks and paved areas: Subgrade (Top 6") Remainder, of fill Percent Compaction M. 90% 100% 959 When conflicts exist between these densities due to location or depth of trench, the higher density specified shall be obtained. A specific number of tests and location of tests will not be designated herein, but tests shall be made at such times and locations as may be directed by the Engineer. Materials or workmanship which fail to meet specification requirements, as determined by the tests, shall be either replaced or reworked to meet requirements. All trenches shall be backfilled, settled and the ground restored to its original condition as soon as possible after the pipe is installed. Any unnecessary delay in restoring trenches to their original condition shall constitute just cause for stopping all other work until the trenches are so restored. If at any time within 24 months after the completion and final acceptance of the work embraced in this contract, there shall be any settlement of the trenches requiring repairs to be made, the Owner may notify the Contractor to make such repairs as may be necessary. Should the Contractor fail to do so within 15 days after the date of such notice, or should the nature of such defect be such as to require immediate attention, the Owner shall make such repairs as may be necessary, and bill the actual cost of such repairs to the Contractor. 701.07 MEASUREMENT AND PAYMENT: Trenching and backfilling will be measured by the number of linear feet of trench, of the various depths acceptably excavated and backfilled, measured along the centerline of the trench. Measurements of the depth acceptably excavated and backfilled, measured along the centerline of the trench. Measurements of the depth will be made from the original ground surface to the flow line grade of the sewer line and will be made at 50 foot intervals and at all abrupt changes on the ground profile. Payment for trenching and backfilling measured as specified above will be 5�►6s;bar� to npe raplacenaaa+ o4 connac��onS. in the proposal. Paymen ,will constitute full compensation for all clearing, excavation, trenching, pumping, bracing, sheeting, backfilling, compaction, disposal of excess material and for all incidental labor and materials necessary to complete the work. 4 EXCAVATION, TRENCHING AND BACKFILLING The measurement and payment for pipe, structures, pavement replacement and related items is specified in other sections of these specifications. END OF SECTION 701, EXCAVATION, TRENCHING AND BACKF:LLING 5 EXCAVATION, TRENCHING AND BACKFILL_NG SECTION 904, RIPRAP 1 904.01 DESCRIPTION: This work shall consist of furnishing and placing riprap protection in accordance with these specifications and as shown on the plans or directed by the Engineer. 904.02 MATERIALS: A. STONE: Stone for riprap shall be sandstone or limestone and shall be hard, sound and durable. The stones shall consist of field stone, quarry stone or crushed stone approximately rectangular in section. Tests for weight and absorption will be determined in accordance with ASTM C 97, "Tests for Absorption and Bulk Specific Gravity of Natural Building Stone". The minimum weight shall be 140 pounds per solid cubic foot and the maximum absorption shall be 6 percent. (1) Type I Rinran: Stones shall have an average size of 30 to 50 pounds with not more than'20 percent weighing less than 20 pounds. Maximum size of stone shall be 200 pounds. (2) Type II Rinrao: Stone size shall conform to the following gradation: Lighter By Weight - Weight 100% 133-53 Lbs. 50% 39-27 Lbs. 15% 20- 8 Lbs. Dirt or fines less than one-half inch shall not exceed five percent by weight. B. FILTER FABRIC: The filter fabric shall be a woven or unwoven synthetic fiber geotextile conforming to the requirements of AASHTO M 288. Filter fabric shall be similar to Mirafi 140 N or Dupont Typar Style 3601, or approved equal. 904.03 CONSTRUCTION REQUIREMENTS: Prior to placing filter fabric and riprap, the areas to be protected shall be shaped as shown on the plans. A. FILTER FABRIC: Filter fabric shall be placed directly on the prepared surface. Fabric sections may be placed vertically or horizontally on the I slope. Adjacent fabric sections shall be joined by overlapping a 1 H H minimun. of 2' at the edges and pinning the overlapped strip with U- shaped wire pins or similar fasteners. Fasteners shall be inserted through both strips of overlapped fabric at increments approximately 4along the overlap. Additional pins shall be installed as necessary to prevent displacement of the fabric. Fabric shall be overlapped in the direction of water flow. The fabric shall be turned down and buried approximately 12" at the exterior liaits. No construction equipment will be permitted directly on the fabric. B. RIPRAP: The riprap shall be placed in one layer of the thickness and at the location shown on the plans and as directed by the Engineer. The larger stones shall be well distributed and the finished riprap shall be free of objectionable pockets of small stones. Riprap may be placed by dumping or by .rachine provided proper distribution of material is ach_eved. Hand placing may be required, but only to the extent necessary to secure the results specified. Placing riprap by dumping into chutes or other methods likely to cause segregation will not be permitted. Riprap stone shall not be deposit( cause damage to the filter fabric. Any placement of riprap shall be corrected by to the Owner. Damaged fabric shat: be directed by the Engineer. 904.C4 MEASUREMENT AND PAYMENT: ad in a manner that will damage to fabric during the Contractor at r.o cost repaired or replaced as Riprap will be measured by the cubic yard or by the ton. when measured by the cubic yard, the volume to be included will be the product of the thickness multiplied by the area as shown on the plans or authorized by the Engineer. Filter fabric will be neasured by the square yard; laps and turned down edges will not be measured. Payment for riprap by the cubic yard or ton, as provided in the bid form, shall be full compensation for furnishing and placing riprap, preparation of subgrade. and related work. No separate payment will be made for toe trenches, backfill or excess thickness of riprap. Payment for filter fabric at the unit price per square yard shall be full compensation for furnishing and installing fabric and fasteners and for furnishing and installing fabric and fasteners and for excavation and backfill related to fabric placement. 1 2 RIPRAP Payment will be made under: Pay item Pay Unit Riprap Type I Cubic yard, ton or square yard per plan thickness Riprap Type II cubic yard, ton or square yard per plan thickness Filter Fabric Square yard or subsidiary end of Section 904, RIPRAP 3 c III SECT:ON 906 HANDRAIL 906.01 DESCRIPTION: This item shall include furnishing and installing handrails including anchorages and appurtenances, 906.C2 MATER:ALS: Steel railing materials shall be welded or seamless steel pipe conforming to the requirements of ASTM A 12C, structural steel conforming tc ASTM A 36, or tubular sections of hot rolled mild steel conforming to ASTM A 501. Minimum wall thickness shall be lC gauge. All steel railings shall be galvanized in accordance with ASTM A :23. r «- .-,:4 ,.,�• 'c a.., The base metal for aluminum railing shall be ASA alloy designation 6063- T6. Pipe and tubing shall be extruded conforming to the requirements of ASTM B 429, plates and sheets shall be rolled conforming to ASTM B 209, and rods, bars or shapes shall be extruded conforming to ASTM B 221. welding shall conform to the requirements of the AWS Structural Welding Code for steel and to the requirements of the "Specifications for Aluminum Structures" cf the Aluminum Asscciat:or., for aluminum a:lcys. All exposed welds shall be ground flush with adjacent surfaces. Shop drawings showing details and dimensions cf railings shall be submitted for approval. 906.C3 CONSTRUCTION REQUIREMENTS: Handrail of the size and type shown shall be constructed in accordance with details shown on the plans and in confcrmar.ce with the reruire:rents herein. :t shall be constructed to the alignment and grade designated or. the plans. Shop fabricated railing shall be of sucn uniformity as to insure good joints and continuous lines after erection. Any appreciable amount of cutting. bending or filling required or erection to produce a reasonable fit shall be cause for rejection of the rail. Unless ctnerwise shown on the plans, rail posts shall be erected plumb, with the top rails parallel to the grade indicated cr. the plans or to the surface of the structure on which the rail is mounted. The method of mounting or attachment shall be in accordance with the detail shown on the plans or the approved snap drawings. At points of connection to concrete or steel, aluminum members shall be separated by a rubber pad, 1/8" minimum thickness, unless otherwise specified. Galvanized handrail or. which the galvanizing has become scratched or otherwise damaged shall be repaired by painting the damaged areas with zinc oxide paint. 906.04 MEASUREMENT AND PAYMENT: The various types of handrail will be measured by the linear foot from end to end along the face of the railing.c or. The price paid per linear foot, or per lump sum as defined in the Bid Proposal shall include full compensation for furnishing all labor, material, tools, equipment, fabrication, finishes, incidentals and connections and performing all work involved to provide the finished rail as shown on the plan drawings or in the specifications. end of Section 906, Handrail 2 HANDRAIL SECTION 10C0. ALUMINUM GRATING 1000.01 DESCRIPTION: This work shall consist of f:.rnishing and installing aluminum grating over the top of the concrete cutlet structure as shown or, the pan drawings. The Contractor shall provide all labor, raterials, equipment, frames, connections and .ncidentals as shown Cr required for the ccmplete and safe installation of the aluminum grating. :000.02. PRODUCT: The grating for this project shall be Pressure locked Aluminum Grating, product 19SGI4, 2 1/4 x 3/16, as manufactured by Ohio Gratings, Inc. (telephone 1-800- 321-9800) or approved equal for the eight (8) ft. clear span. 1000.03. SUBMITTALS: The Contractor shall submit to the Engineer for approval Manufacturer's data for the aluminum grating, attachments and anchorage. APPENDIX "A" OSHA SAFETY REQUIREMENTS ' FOR EXCAVATION (SUBPART P) ' § 1926.606 - 29 CFR Ch. XVII (7-1-92 Edition) I E H I I I n I I I n I I IJ I I (6) Obstructions shall not be laid on or across the gangway. (7) The means of access shall be ade- quately illuminated for its full length. (8) Unless the structure makes it im- possible, the means of access shall be so located that the load will not pass over employees. (c) Working surfaces of barges. (1) Employees shall not be permitted to walk along the sides of covered light- ers or barges with coamings more than 5 feet high, unless there is a 3 -foot clear walkway, or a grab rail, or a taut handline is provided. (2) Decks and other working sur- faces shall be maintained in a safe condition. (3) Employees shall not be permitted to pass fore and aft, over, or around deckloads, unless there is a safe pas- sage. (4) Employees shall not be permitted to walk over deckloads from rail to coaming unless there is a safe passage. If it is necessary to stand at the out- board or inboard edge of the deckload where less than 24 inches of bulwark, rail, coaming, or other protection exists, all employees shall be provided with a suitable means of protection against falling from the deckload. (d) First -aid and lifesaving equip- ment. (1) Provisions for rendering first aid and medical assistance shall be in accordance with Subpart D of this part. (2) The employer shall ensure that there is in the vicinity of each barge in use at least one U.S. Coast Guard -ap- proved 30 -inch lifering with not less than 90 feet of line attached, and at least one portable or permanent ladder which will reach the top of the apron to the surface of the water. If the above equipment is not available at the pier, the employer shall furnish it during the time that he is working the barge. (3) Employees walking or working on the unguarded decks of barges shall be protected with U.S. Coast Guard -ap- proved work vests or buoyant vests. (e) Commercial diving operations. Commercial diving operations shall be subject to subpart T of part 1910, §1 1910.401-1910.441, of this chapter. [39 FR 22801, June 24, 1974. as amended at 42 FR 37674. July 22, 19771 01926.606 Definitions applicable to this subpart. (a) Apron —The area along the wa- terfront edge of the pier or wharf. (b) Bulwark —The side of a ship above the upper deck. (c) Coaming—The raised frame, as around a hatchway in the deck, to keep out water. (d) Jacob's ladder —A marine ladder of rope or chain with wooden or metal rungs. _ (e) Rail, for the purpose of § 1926.605, means a light structure sen'ing as a guard at the outer edge of a ship's deck. Subpart P —Excavations AumoRITY: Sec. 107, Contract Worker Hours and Safety Standards Act (Construc- tion Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059). or 9-83 (48 FR 35736), as ap- plicable, and 29 CFR part 1911. SouRcE: 54 FR 45959, Oct. 31, 1989, unless otherwise noted. 01926.650 Scope, application, and defini- tions applicable to this subpart_ (a) Scope and application. This sub- part applies to all open excavations made in the earth's surface. Excava- tions are defined to include trenches. (b) Definitions applicable to this subpart. Accepted engineering practices means those requirements which are compatible with standards of practice required by a registered professional engineer. Aluminum Hydraulic Shoring means a pre-engineered shoring system com- prised of aluminum hydraulic cylin- ders (crossbraces) used in conjunction with vertical rails (uprights) or hori- zontal rails (walers). Such system is designed, specifically to support the sidewalls of an excavation and prevent cave-ins. Bell-bottom pier hole means a type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape. I W Occupational Safety and Health Admin., Labor § 1926.650 ' Benching (Benching system) means a method of protecting employees from cave-ins by excavating . the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near -vertical surfaces between levels. Cave-in means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or sup- port system, and its sudden movement into the excavation, either by falling. or sliding, in sufficient quantity so that it could entrap, bury, or other- wise injure and immobilize a person. Competent person means one who is capable of identifying existing and predictable hazards in the surround- ings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authoriza- tion to take prompt corrective meas- ures to eliminate them. Cross braces mean the horizontal members of a shoring system installed perpendicular to the sides of the exca- vation, the ends of which bear against either uprights or wales. Excavation means any man-made cut, cavity, trench, or depression in an earth surface, formed by earth remov- al. Faces or sides means the vertical or inclined earth surfaces formed as a result of excavation work. Failure means the breakage, dis- placement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. - Hazardous atmosphere means an at- mosphere which by reason of being ex- plosive, flammable, poisonous, corro- sive, oxidizing, irritating, oxygen defi- cient, toxic, or otherwise harmful, may cause death, illness, or injury. Kickout means the accidental re- lease or failure of a cross brace. Protective system means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an ex- cavation, or from the collapse of adja- cent structures. Protective systems in- clude support systems, sloping and benching systems, shield systems, and other systems that provide the neces- sary protection. Ramp means an inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or wood. Registered Professional Engineer means a person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, reg- istered in any state is deemed to be a "registered professional engineer" within the meaning of this standard when approving designs for "manufac- tured protective systems" or "tabulat- ed data" to be used in interstate com- merce. Sheeting means the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system. Shield (Shield system) means a structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work pro- gresses. Additionally, shields can be either premanufactured or job -built in accordance with § 1926.652 (c)(3) or (c)(4). Shields used in trenches are usually referred to as "trench boxes" or "trench shields." Shoring (Shoring system) means a structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excava- tion and which is designed to prevent cave-ins. Sides. See "Faces." Sloping (Sloping system) means a method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away from the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with differ- ences in such factors as the soil type, environmental conditions of exposure, and application of surcharge loads. Stable rock means natural solid min- eral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the ex - I C I I I I] I I I I 1.] I J 11 I I I I§ 1926.651 29 CFR Ch. XVII (7-1-92 Edition) P I I El I I I I I II I I Ii I I cavation is secured against caving -in or movement by rock bolts or by another protective system that has been de- signed by a registered professional en- gineer. Structural ramp means a ramp built of steel or wood, usually used for vehi- cle access. Ramps made of soil or rock are not considered structural ramps. Support system means a structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure, underground in- stallation, or the sides of an excava- tion. Tabulated data means tables and charts approved by a registered profes- sional engineer and used to design and construct a protective system. Trench (Trench excavation) means a narrow excavation (in relation to its length) made below the surface of the ground. In general, the depth is great- er than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet (4.6 m). If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6 m) or less (measured at the bottom of the excavation), the excavation is also con- sidered to be a trench. Trench box. See "Shield." Trench shield. See "Shield." Uprights means the vertical mem- bers of a trench shoring system placed in contact with the earth and usually positioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called "sheeting." Wales means horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth. 9 1926.651 General requirements. (a) Surface encumbrances. All sur- face encumbrances that are located so as to create a hazard to employees shall be removed or supported, as nec- essary, to safeguard employees. (b) Underground installations. (1) The estimated location of utility in- stallations, such as sewer, telephone, fuel, electric, water lines, or any other underground installations that reason- ably may be expected to be encoun- tered during excavation work, shall be determined prior to opening an exca- vation. (2) Utility companies or owners shall be contacted within established or cus- tomary local response times, advised of the proposed work, and asked to es- tablish the location of the utility un- derground installations prior to the start of actual excavation. When utili- ty companies or owners cannot re- spond to a request to locate under- ground utility installations within 24 hours (unless a longer period is re- quired by state or local law), or cannot establish the exact location of these installations, the employer may pro- ceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility installations are used. (3) When excavation operations ap- proach the estimated location of un- derground installations, the exact lo- cation of the installations shall be de- termined by safe and acceptable means. (4) While the excavation is open, un- derground installations shall be pro- tected, supported or removed as neces- sary to safeguard employees. (c) Access and egress —(1) Structural ramps. (1) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be con- structed in accordance with the design. (ii) Ramps and runways constructed of two or more structural members shall have the structural members connected together to prevent dis- placement. (iii) Structural members used for ramps and runways shall be of uni- form thickness. (iv) Cleats or other appropriate means used to connect runway struc- tural members shall be attached to the bottom of the runway or shall be at - Ii Occupational Safety and Health Admin., Labor § 1926.651 ' tached in a manner to prevent trip- ping. (v) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments on the top surface to prevent slipping. (2) Means of egress from trench exca- vations. A stairway, ladder, ramp or other safe means of egress shall be lo- cated in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees. (d) Exposure to vehicular traffic. Employees exposed to public vehicular traffic shall be . provided with, and shall wear, warning vests or other suit- able garments marked with or made of reflectorized or high -visibility materi- al. (e) Exposure to falling loads. No em- ployee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be re- quired to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling materials. Operators may remain in the cabs of vehicles being loaded or unloaded when the vehicles are equipped, in accordance with § 1926.601(b)(6), to provide adequate protection for the operator during loading and unloading operations. (f) Warning system for mobile equip- ment. When mobile equipment is oper- ated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the ex- cavation, a warning system shall be utilized such as barricades, hand or mechanical signals, or stop logs. If pos- sible, the grade should be away from the excavation. (g) Hazardous atmospheres —(1) Testing and controls. In addition to the requirements set forth in subparts D and E of this part (29 CPR 1926.50- 1926.107) to prevent exposure to harmful levels of atmospheric con- taminants and to assure acceptable at- mospheric conditions, the following re- quirements shall apply- (i) Where oxygen deficiency (atmos- pheres containing less than 19.5 per- cent oxygen) or a hazardous atmos- phere exists or could reasonably be ex- pected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before em- ployees enter excavations greater than 4 feet (1.22 m) in depth, (ii) Adequate, precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions in- clude providing proper respiratory protection or ventilation in accordance with subparts D and E of this part re- spectively. (iii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an at- mosphere containing a concentration of a flammable gas in excess of 20 per- cent of the lower flammable limit of the gas. (iv) When controls are used that are intended to reduce the level of atmos- pheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe. (2) Emergency rescue equipment (i) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous at- mospheric conditions exist or may rea- sonably be expected to develop during work in an excavation. This equipment shall be attended when in use. (ii) Employees entering bell-bottom pier holes; or other similar deep and confined footing excavations, shall wear a harness with a life -line securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall be individually at- tended at all times while the employee wearing the lifeline is in the excava- tion. (h) Protection from hazards associ- ated with water accumulation. (1) Em- ployees shall not work in excavations in which there is accumulated water, or in excavations in which water is ac- cumulating, unless adequate precau- tions have been taken to protect em- ployees against the hazards posed by water accumulation. The precautions necessary to protect employees ade- quately vary with each situation, but P Lu I I I I [I I I I 5 L. I1 I I I 221 C § 1926.651 29 CFR Ch. XVII (7-1-92 Edition) could include special support or shield systems to protect from cave-ins, water removal to control the level of accumulating water, or use of a safety harness and lifeline. (2) If water is controlled or prevent- ed from accumulating by the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation. (3) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means shall be used to prevent surface water from en- tering the excavation and to provide adequate drainage of the area adja- cent to the excavation. Excavations subject to runoff from heavy rains will require an inspection by a competent person and compliance with para- graphs (h)(1) and (h)(2) of this sec- tion. (1) Stability of adjacent structures. (1) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, brac- ing, or underpinning shall be provided to ensure the stability of such struc- tures for the protection of employees. (2) Excavation below the level of the base or footing of any foundation or retaining wall that could be reason- ably expected to pose a hazard to em- ployees shall not be permitted except when: (1) A support system, such as under- pinning, is provided to ensure the safety of employees and the stability of the structure; or (ii) The excavation is in stable rock; ox - (iii) A registered professional engi- neer has approved the determination that the structure is sufficently re- moved from the excavation so as to be unaffected by the excavation activity; or (iv) A registered professional engi- neer has approved the determination that such excavation work will not pose a hazard to employees. (3) Sidewalks, pavements, and appur- tenant structure shall not be under- mined unless a support system or an- other method of protection is provided to protect employees from the possible collapse of such structures. (j) Protection of employees from loose rock or soil. (1) Adequate protec- tion shall be provided to protect em- ployees from loose rock or soil that could pose a hazard by falling or roll- ing from an excavation face. Such pro- tection shall consist of scaling to remove loose material; installation of protective barricades at intervals as necessary on the face to stop and con- tain falling material; or other means that provide equivalent protection. (2) Employees shall be protected from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Pro- tection shall be provided by placing and keeping such materials or equip- ment at least 2 feet (.61 ml from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. (k) Inspections. (1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a sit- uation that could result in possible cave-ins, indications of failure of pro- tective systems, hazardous atmos- pheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed through- out the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated. (2) Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, haz- ardous atmospheres, or other hazard- ous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety. (1) Fall protection. (1) Where em- ployees or equipment are required or permitted to cross over excavations, walkways or bridges with standard guardrails shall be provided. 222 Occupational Safety and Health Admin., Labor § 1926.652 ' (2) Adequate barrier physical protec- tion shall be provided at all remotely located excavations. All wells, pits, shafts,.etc., shall be barricaded or cov- ered. Upon completion of exploration and similar operations, temporary wells, pits, shafts, etc., shall be back - filled. § 1926.652 Requirements for protective systems. (a) Protection of employees in exca- vations. (1) Each employee in an exca- vation shall be protected from cave-ins by an adequate protective system de- signed in accordance with paragraph (b) or (c) of this section except when: - (i) Excavations are made entirely in stable rock; or (ii) Excavations are less than 5 feet (1.52m) in depth and examination of. the ground by a competent person provides no indication of a potential cave-in. (2) Protective systems shall have the capacity to resist without failure all loads that are intended or could rea- sonably be expected to be applied or transmitted to the system. (b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the em- ployer or his designee and shall be in accordance with the requirements of paragraph (b)(1); or, in the alterna- tive, paragraph (b)(2); or, in the alter- native, paragraph (b)(3), or, in the al- ternative, paragraph (b)(4), as follows: (1) Option (1) —Allowable configura- tions and slopes. (i) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below. (ii) Slopes specified in paragraph (b)(1)(i) of this section, shall be exca- vated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix B to this subpart. (2) Option (2) —Determination of slopes and configurations using Ap- pendices A and B. Maximum allowable slopes, and allowable configurations for sloping and benching systems, shall be determined _ in accordance with the conditions and requirements set forth in appendices A and B to this subpart. (3) Option (3) —Designs using other tabulated data. (i) Designs of sloping or benching systems shall be selected from and be in accordance with tabu- lated data, such as -tables and charts. (ii) The tabulated data shall be in written form and shall include all of the following: (A) Identification of the parameters that affect the selection of a sloping or benching system drawn from such data; (B) Identification of the limits of use of the data, to include the magnitude and configuration of slopes deter- mined to be safe; (C) Explanatory information as may be necessary to aid the user in making a correct - selection of a protective system from the data. (iii) At least one copy of the tabulat- ed data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the pro- tective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made avail- able to the Secretary upon request. (4) Option (4) —Design by a regis- tered professional engineer. (i) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under paragraph (b) of this section shall be approved by a registered pro- fessional engineer. (ii) Designs shall be in written form and shall include at least the follow- ing: (A) the magnitude of the slopes that were determined to be safe for the particular project; (B) The configurations that were de- termined to be safe for the particular project; and (C) The identity of thee registered professional engineer approving the design. (iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Secretary upon request. (c) Design of support systems, shield systems, and other protective systems. 0$3 I§ 1926452 29 CFR Ch. XVII Q-1-93itfion) P I I IT I I I I I [I I I [1 I Designs of support systems shield sys- tems, and other protective systems shall be selected and constructed by the employer.or his designee and shall be in accordance with the require- ments of- paragraph (c)(1): or, in the alternative, paragraph (c)(2); or, in the alternative, paragraph (c)(3); or, in the alternative, 'paragraph (c)(4) as foI- lows: (1) Option (1) —Designs using appen- dices A, C and D. Designs for timber shoring in trenches shall be deter- mined in accordance with the condi- tions and requirements set forth in ap- pendices A and C to this subpart. De- signs for aluminum hydraulic shoring shall be in accordance with paragraph (c)(2) of this section, but if manufac- turer's tabulated data cannot be uti- lized, designs shall be in accordance with appendix D. (2) Option (2) —Designs Using Manu- facturer's Tabulated Data (i) Design of support systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all specifications, recommendations, and limitations issued or made by the man- ufacturer. (ii) Deviation from the specifica- tions, recommendations, and limita- tions issued or made by the manufac- turer shall only be allowed after the manufacturer issues specific written approval. (iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommenda- tions, and limitations shall be in writ- ten form at the jobsite during con- struction of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available to the Secretary upon request. (3) Option (3) —Designs using other tabulated data. (I) Designs of support systems, shield systems, or other pro- tective systems shall be selected from and be in accordance with tabulated data, such as tables and charts. (ii) The tabulated data shall be in written form and include all of the fol- lowing: (A) Identification of the parameters that affect the selection of a protec- tive system drawn from such data; (B) Identification of the limits .of use of the data: (C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data. (iii) At least one copy of the tabulat- ed data, which identifies the regis- tered professional engineer who ap- proved the data, shall be maintained at the jobsite during construction of -- the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon re- quest. (4) Option (4) —Design by a regis- tere(t professional engineer. (i) Sup- port systems, shield systems, and other protective systems not utilizing Option 1. Option 2 or Option 3, above, shall be approved by a registered pro- fessional engineer. (ii) Designs shall be in written form and shall include the following: (A) A plan indicating the sizes, types, and configurations of the mate- rials to be used in the protective system; and (B) The identity of the registered professional engineer approving the design. (iii) At least one copy of the design shall be maintained at the jobsite during construction of the protective system. After that time, the design may be stored off the jobsite, but a copy of the design shall be made avail- able to the Secretary upon request. (d) Materials and equipment Cl) Ma- terials and equipment used for protec- tive systems shall be free from damage or defects that might impair their proper function. (2) Manufactured materials and equipment used for protective systems shall be used and maintained in a manner that is consistent with the rec- ommendations of the manufacturer, and in a manner that will prevent em- ployee exposure to hazards. (3) When material or equipment that is used for protective systems is damaged, a competent person shall ex- amine the material or equipment and evaluate its suitability for continued I 224 Occupational Safety and Health Admin., Labor Subpt. P, App. A I use. If the competent person cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a regis- tered professional engineer before being returned to service. (e) Installation and removal of sup- port —(1) General. (i) Members of sup- port systems shall be securely. connect- ed together to prevent sliding, falling, kickouts, or other predictable failure. (ii) Support systems shall be in- stalled and removed in a manner that protects employees from cave-ins, structural collapses, or from being struck by members of the support system. (iii) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand. . (iv) Before temporary removal of in- dividual members begins, additional precautions shall be taken to ensure the safety of employees, such as in- stalling other structural members to carry the loads imposed on the sup- port system. (v) Removal shall begin at, . and progress from, the bottom of the exca- vation. Members shall be released slowly so as to note any indication of possible failure of the remaining mem- bers of the structure or possible cave- in of the sides of the excavation. (vi) Backfilling shall progress to- gether with the removal of support systems from excavations. (2) Additional requirements for sup- port systems for trench excavations. (i) Excavation of material to a level no greater than 2 feet (.61 m) below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and there are no indica- tions while the trench is open of a pos- sible loss of soil from behind or below the bottom of the support system. (ii) Installation, of a support system shall be closely coordinated with the excavation of trenches. (f) Sloping and benching systems. Employees shall not be permitted to work on the faces of sloped or benched excavations at levels above other em- ployees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment. (g) Shield systems (1) General. (i) Shield systems shall not be subjected to loads exceeding those which the system was designed to withstand. . (ii) Shields shall be installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads. (iii) Employees shall be protected from the hazard of cave-ins when en- tering or exiting the areas protected by shields. (iv) Employees shall not be allowed in shields when shields are being in- stalled, removed, or moved vertically. (2) Additional requirement for shield systems used in trench excavations. Excavations of earth material to a level not greater than 2 feet (.61 m) below the bottom of a shield shall be permitted, but only if the shield is de- signed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield. APPENDIX A TO SUBPART P -SOIL CLASSIFICATION (a) Scope and application —(1) Scope. This appendix describes a method of classifying soil and rock deposits based on site and envi- ronmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth re- quirements, and describes acceptable visual and manual tests for use in classifying soils. (2) Application. This appendix applies when a • sloping or benching system is de- signed.in accordance with.the requirements set forth in § 1926.652(b)(2) as a method of protection for employees from cave-ins. This appendix also applies when timber shoring for excavations is designed as a method of protection from cave-ins in ac- cordance with appendix C to subpart P of part 1926, and when aluminum hydraulic shoring is designed in accordance with ap- pendix D. This Appendix also applies if other protective systems are designed and selected for use from data prepared in ac- cordance with the requirements set forth in § 1926.652(c), and the use of the data is I C I I I I I I I I I I LI [1 I I I 225 ii ' Subpt. P. App. A 29 CFR Ch. XVII (7-1-92 Edition) I I I I I 7 LI I I I I I I I l L predicated on the use of the soil classifica- tion system set forth in this appendix. (b) Definitions. The definitions and exam- ples given below are based on. in whole or in part, the following: American Society for Testing Materials (ASTM) Standards D653- 85 and D2488; The Unified Soils Classifica- tion System, The U.S. Department of Agri- culture (USDA) Textural Classification Scheme; and The National Bureau of Stand- ards Report BSS -121. Cemented soil means a soil in which the particles are held together by a chemical agent, such as calcium carbonate, such that a hand -size sample cannot be crushed into powder or individual soil particles by finger pressure. Cohesive soil means clay (fine grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical sideslopes, and is plastic when moist. Cohe- sive soil is hard to break up when dry, and exhibits significant cohesion when sub- merged. Cohesive soils include clayey silt, sandy clay, silty clay, clay and organic clay. Dry soil means soil that does not exhibit visible signs of moisture content. Fissured means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits open cracks, such as tension cracks, in an exposed surface. Granular soil means gravel, sand, or silt, (coarse grained soil) with 1:tt:e or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular sci: cannot be molded when moist and crumbles easily when dry. Layered system means two or more dis- tinctly different soil or rock types arranged in layers. Micaceous seams or weakened planes in rock or shale are considered lay- ered. Moist soil means a condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped Lito a ball and roiled into small diameter threads before crumbling. Moist granular soil that contains some cohesive material will exhibit signs of cohesion between particles. Plastic means a property of a soil which allows the soil to be deformed or molded without cracking, or appreciable volume change. Saturated soil means a soil In which the voids are filled with water. Saturation does not require flow. Saturation, or near satura- tion, is necessary for the proper use of in- struments such as a pocket penetrometer or sheer vane. Soil classification system means. for the purpose of this subpart, a method of catego- rizing soil and rock deposits in a hierarchy of Stable Rock, Type A. Type B. and Type C, in decreasing order of stability. The cate- gories are determined based on an analysis of the properties and performance charac- teristics of the deposits and the environ- mental conditions of exposure. Stable rock means natural solid mineral matter that can be excavated with vertical sides and remain intact while exposed. Submerged soil means soil which is under- water or is free seeping. Type A means cohesive soils with an un- confined compressive strength of 1.5 ton per square foot (tsf) (144 kPa) or greater. Exam- ples of cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some cases, silty clay loam and sandy clay loam. Ce- mented soils such as caliche and hardpan are also considered Type A. However, no soil is Type A if: (1) The soil is fissured: or (ii) The soil is subject to vibration from heavy traffic, pile driving, or similar effects: or (iii) The soil has been previously dis- turbed; or (iv) The soil is part of a sloped, layered system where the layers dip into the excava- tion on a slope of four horizontal to ore ver- tical (4H:; V) or greater, or (v) The material is subject to other factors that would require it to be classified as a less stable material. Type B means: (i) Cohesive soil with an unconfined com- pressive strength greater than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or (ii) Granular cohesionless soils including: angular gravel (similar to crushed rock), silt, silt loam, sandy loam and, in some cases, silty clay loam and sandy clay loam. (iii) Previously disturbed soils except those which would otherwise be classed as Type C soil (iv) Soil that meets the unconfined com- pressive strength or cementation require- ments for Type A. but is fissured or subject to vibration; or (v) Dry rock that is not stable: or (vi) Material that is part of a sloped, lay- ered system where the layers dip into the excavation on a slope less steep than four horizontal to one vertical (4H:1V), but only if the material would otherwise be classified as Type B. Type C means: (i) Cohesive soil with an unconfined com- pressive strength of 0.5 tsf (48 kPa) or less; or (ii) Granular soils including gravel, sand, and loamy sand; or (iii) Submerged soil or soil from which water is freely seeping; or (iv) Submerged rock that is not stable, or (v) Material in a sloped, layered system where the layers dip into the excavation or a slope of four horizontal to one vertical (4H:1V) or steeper. Occupational Safety and Health Admin., Labor Subpt. P, App. A Unconfined compressive strength means the load per unit area at which a soil will fail in compression. It can be determined by laboratory testing, or estimated in the field using a pocket penetrometer, by thumb pen- etration tests, and other methods. Wet soil means soil that contains signifi- cantly more moisture than moist soil, but in such a range of values that cohesive materi- al will slump or begin to flow when vibrated. Granular material that would exhibit cohe- sive properties when moist will lose those cohesive properties when wet. (c) Requirements —(1) Classification of soil and rock deposits. Each soil and rock deposit shall be classified by a competent person as Stable Rock, Type A, Type B. or Type C in accordance with the definitions set forth in paragraph (b) of this appendix. (2) Basis of classification. The classifica- tion of the deposits shall be made based on the results of at least one visual and at least one manual analysis. Such analyses shall be conducted by a competent person using tests described in paragraph (d) below, or in other recognized methods of soil classifica- tion and testing such as those adopted by the America Society for Testing Materials, or the U.S. Department of Agriculture tex- tural classification system (3) Visual and manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this appendix, shall be designed and con- ducted to provide sufficient quantitative and qualitative information as may be nec- essary to identify properly the properties, factors, and conditions affecting the classifi- cation of the deposits. (4) Layered systems. In a layered system, the system shall be classified in accordance with its weakest layer. However, each layer may be classified individually where a more stable layer lies under a less stable layer. (5) Reclassification. If, after classifying a deposit, the properties, factors, or condi- tions affecting its classification -change in any way, the changes shall be evaluated by a competent person. The deposit shall be re- classified as necessary to reflect the changed circumstances. (d) Acceptable visual and manual tests. — (1) Visual tests. Visual analysis is conducted to determine qualitative information regard- ing the excavation site in general, the soil adjacent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated mate- rial. (i) Observe samples ofsoilthat are exca- vated and soil in the sides of the excavation. Estimate the range of particle sizes and the relative amounts of the particle sizes. Soil that is primarily composed of fine-grained material is cohesive material Soil composed primarily of coarse -grained sand or gravel is granular material. (ii) Observe soil as it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay in clumps is granular. (iii) Observe the side of the opened exca- vation and the surface area adjacent to the excavation. Crack -like openings such as ten- sion cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spalls are evi- dence of moving ground and are indications of potentially hazardous situations. (iv) Observe the area adjacent to the exca- vation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously dis- turbed soil. (v) Observe the opened side of the excava- tion to identify layered systems. Examine layered systems to identify if the layers slope toward the excavation. Estimate the degree of slope of the layers. (vi) Observe the area adjacent to the exca- vation and the sides of the opened excava- tion for evidence of surface water, water seeping from the sides of the excavation, or the location of the level, of the water table. (vii) Observe the area adjacent to the ex- cavation and the area within the excavation for sources of vibration that may affect the stability of the excavation face. (2) Manual tests. Manual analysis of soil samples is conducted to determine quantita- tive as well as qualitative properties of soil and to provide more information in order to classify soil properly. U) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as Ys -inch in diameter. Cohe- sive material can be successfully rolled into threads without crumbling. For example, if at least a two inch (50 mm) length of Vs -inch thread can be held on one end without tear- ing, the soil is cohesive. (ii) Dry strength. If the soil is dry and crumbles on its own or with moderate pres- sure into individual grains or fine powder, it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up into smaller clumps, but the smaller clumps can only be broken up. with difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unfissured. (iii) Thumb penetration. The thumb pene- tration test can be used to estimate the un- confined compressive strength of cohesive soils. (This test is based on the thumb pene- tration test described in American Society for Testing and Materials (ASTM) Standard designation D2488 —"Standard Recommend- ed Practice for Description of Soils (Visual. 227 ISubpt. P, App. B 29 CFR Ch. XVII (7-1-92 Edition) H I I I I L r I I I 11 I I I I I Manual Procedure).") Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb: how- ever, they can be penetrated by the thumb only with very great effort. Type C soils with an unconfined compressive strength of 0.5 tsf can be easily penetrated several inches by the thumb, and can be molded by light finger pressure. This test should be conducted on an undisturbed soil sample, such as a large clump of spoil, as soon as practicable after excavation to keep to a ml - minim' the effects of exposure to drying in- fluences. If the excavation is later exposed to wetting influences (rain, flooding), the classification of the soil must be changed ac- cordingly. (iv) Other strength tests. Estimates of un- confined compressive strength of soils can also be obtained by use of a pocket pene- trometer or by using a hand -operated shear - vane. (v) Drying test The basic purpose of the drying test is to differentiate between cohe- sive material with fissures, unfissured cohe- sive material, and granular material. The procedure for the drying test involves drying a sample of soil that is approximate- ly one inch thick (2.54 cm) and six inches (15.24 cm) in diameter until it is thoroughly dry: (A) If the sample develops cracks as it dries, significant fissures are indicated. (B) Samples that dry without cracking are to be broken by hand. If considerable force is necessary to break a sample, the soil has significant cohesive material content. The soil can be classified as a unfissured cohe- sive material and the unconfined compres- sive strength should be determined. (C) If a sample breaks easily by hand, it is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the ma- terial is cohesive with fissures. If they pul- verize easily into very small fragments, the material is granular. APPENDIx B TO SUBPART P -SLOPING AND BENCHING (a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protect- ing employees working in excavations from cave-ins. The requirements of this appendix apply when the design of sloping and bench- ing protective systems is to be performed in accordance with the requirements set forth in 41926.652(b)(2). (b) Definitions. Actual slope means the slope to which an excavation face is excavated. Distress means that the soil is in a condi- tion where a cave-in is imminent or is likely to occur. Distress is evidenced by such phe- nomena as the development of fissures in the face of or adjacent to an open excava- tion; the subsidence of the edge of an exca- vation: the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation; the spall- irg of material from the face of an excava- tion: and ravelling, i.e., small amounts of material such as pebbles or little clumps of material suddenly separating from the face of an excavation and trickling or rolling down into the excavation. Maximum allowable slope means the steepest incline of an excavation face that is acceptable for the most favorable site condi- tions as protection against cave-ins, and is expressed as the ratio of horizontal distance to vertical rise (H:V). Short term exposure means a period of time less than or equal to 24 hours that an excavation is open. (c) Requirements —(l) Soil classification. Soil and rock deposits shall be classified in accordance with appendix A to subpart P of part 1926. (2) Maximum allowable slope. The maxi- mum allowable slope for a soil or rock de- posit shall be determined from Table B-1 of this appendix. (3) Actual slope. (i) The actual slope shall not be steeper than the maximum allowable slope. (ii) The actual slope shall be less steep than the maximum allowable slope, when there are signs of distress. If that situation occurs, the slope shall be cut back to an actual slope which is at least ½ horizontal to one vertical (ihH:1V) less steep than the maximum allowable slope. (iii) When surcharge loads from stored material or equipment, operating equip- ment, or traffic are present, a competent person shall determine the degree to which the actual slope must be reduced below the maximum allowable slope, and shall assure that such reduction is achieved- Surcharge loads from adjacent structures shall be eval- uated in accordance with 1 1926.651(1). (4) Configurations. Configurations of slop- ing and benching systems shall be in accord- ance with Figure B-1. I rr ; Occupational Safety and Health Admin., Labor TABLE B-1 MAXIMUM ALLOWABLE SLOPES Subpt. P, App. B SOIL OR ROCK TYPE MAUMUM ALLOWABLE SLOPES(H:V){1] FOR EXCAVATIONS LESS THAN 20 FEET STABLE ROCK VERTICAL (9O' TYPE A 12] 3/4:1 (531 TYPE B 1:1 (451 TYPE C 1½:1 (340) NOTES: 1. Numbers shbwn in parentheses next to -maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off. 2. A short-term maximum allowable slope of 1/2H:1V (63') is allowed in excavations in Type A soil that -are 12 feet (3.67 m) or less in depth. Short-term maximum allowable slopes for excavations greater than 12 feet (3.67 m) in depth shall be 3/4H:1V (53'). 3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. Figure B-1 Slope Configurations (All slopes stated below are in the horizontal to vertical ratio) B-1.1 Excavations made in Type A soil. 1. All simple slope excavation 20 feet or less in depth shall have a maximum allowable slope of �:1. 229 Subpt. P, App. B 29 CFR Ch. XVII (7-1-92 Edition) 20' Max. \ Al 3/4 SIMPLE SLOPE -GENERAL Exception: Simple slope excavations which are open 24 hours or less (short term) and which are 12 feet or less in depth shall have a maximum allowable slope of 1h:1. :2' Max. /J. 1/2 SIMPLE SLOPE -SHORT TERM 2. Al benched excavations 20 feet or less in depth shall have a maximum allowable slope of 3'. to 1 and maximum bench dimensions as follows: • Occupational Safety and Health Admin., Labor Subpt. P, App: B SIMPLE BENCH _LL._ ♦ 20' Max. 5' ♦ Max. ♦ 3/4 ♦ 4' Max. �♦ MULTIPLE BENCH 3. All excavations 8 feet or less in depth which have unsupported vertically sided lower portions shall have a maximum vertical side of 3½ feet. L 8' Max. 3/ 3z' Max. UNSUPPORTED VERTICALLY SIDED LOWER PORTION -MAXIMUM 8 FEET IN DEPTH All excavations more than 8 feet but not more than 12 feet in depth which unsupported vertically sided lower portions shall have a maximum allowable slope of 1:1 and a maximum vertical side of 3½ feet. lSubpt. P. App. B 29 CFR Ch. XVII (7-1-92 Edition) UNSUPPORTED VERTICALLY SIDED LOWER PORTION-MAxIMUM 12 FEET IN DEPTH All excavations 20 feet or less in depth which have vertically sided lower portions that are supported or shielded shall have a maximum allowable slope of 'h:1. The support or shield system must extend at least 18 inches above the top of the vertical side. upport or shield system 20' Max. C181' 1 3/4 Min . 'total height of vertical side SUPORTED OR SHIELDED VERTICALLY SIDED LOWER PORTION 4. All other simple slope, compound slope, and vertically sided lower portion excavations shall be in accordance with the other options permitted under § 1926.652(b). B-1.2 Excavations Made m Type B Soil 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1. SIMPLE SLOPE 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1 and maximum bench dimensions as follows: 232 Occupational Safety and Health Admin., Labor Subpt. P, App. B This bench allowed in cohesive soil only 20' Max 4' Max. ' SINGLE BENCH I. --�I This bench allowed in cohesive soil only i i 20' Max. i 4 '� Max ! 4' ! Max. i MULTIPLE BENCH 3. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1:1. Support. or shield system 20' Max. .C.__ 1 8" Min. Total height of vertical side 233 Subpt. P. App. 8 29 CFR Ch. XVII (7-1-92 Edition) VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shall be in accordance with the other options permitted in 41926.652(b). B-1.3 Excavations Made in Type C Soil 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1'h:1. =C' Va.c. SIMPLE SLOPE 2. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. Al] such excavations shall have a maximum a:lowable slope of 1 Lz:1. 20' Max. Support or shield I L18" Nit.. Total height of verti:al side 234 Occupational Safety and Health Admin., Labor Subpt. P, App. B VERTICAL SIDED LOWER PORTION 3. All other sloped excavations shall be in accordance with the other options permitted in § 1926.652(b). B-1.4 Excavations Made in Layered Soils -- 1. All excavations 20 feet or less in depth made in layered soils shall have a maximum allowable slope for each layer as set forth below. B OVER A C OVER A U C OVER 3 235 ' Subpt. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) A OVER S A O'viR C B OVER C Ca - c / Il ad 2. All other sloped excavations shall be in accordance with the other options permitted in § 1926.652(b). APPENDIX C TO SUBPART P -TIMBER SHORING FOR TRENCHES (a) Scope. This appendix contains infor- mation that can be used timber shoring is provided as a method of protection from cave-ins in trenches that do not exceed 20 feet (6.1 m) in depth. This appendix must be used when design of timber shoring protec- tive systems is to be performed in accord- ance with § 1926.652(c)(1). Other timber shoring configurations; other systems of support such as hydraulic and pneumatic systems; and other protective systems such as s:oping, benching, shielding, and freezing systems must be designed in accordance with the requirements set forth in § 1926.652(b) and § 1926.652(c). (b) Soil Classification. In order to use the data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in appen- dix A of subpart P of this part. (c) Presentation of Information. Informa- tion is presented in several forms as follows: (1) Information is presented in tabular form in Tables C-1.1, C-1.2, and C-1.3, and Tables C-2.1, C-2.2 and C-2.3 following 236 Occupational Safety 'andHealth Admin., Labor Subpt.-t, App. C ' paragraph (g) of the appendix. Each table presents the minimum sizes of timber lnem- bers to use in a shoring system,"and each table.contsins.data.only for the particular soil..type in which the.excavation-or portion of the excavation is made. The data are ar- ranged to allow the user -the flexibility to select from `among several acceptable con- flgura'tions of members 'based on .varying the horizontal spacing of the crossbraces. Stable rock is exempt from shoring "require- ments and therefore, no datairey3resented for this condition. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appendix, and on the tables themselves. (3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented in paragraph (f) of this appendix. (5) Miscellaneous notations regarding Tables C-1.1 through C-1.3 and Tables C- 2.1 through C-2.3 are presented in para- graph (g) of this Appendix. (d) Basis and limitations of the data. —(1) Dimensions of timber members. (1) The sizes of the timber members listed in Tables C- 1.1 through C-1.3 are taken from the Na- tional Bureau of Standards (NBS) report, "Recommended Technical Provisions for Construction Practice in Shoring and Slop- ing of Trenches and Excavations." In addi- tion, where NBS did not recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by existing codes and on empirical practice. (Ii) The required dimensions of the mem- bers listed in Tables C-1.1 through C-1.3 refer to actual dimensions and not nominal dimensions of the timber. Employers want- ing to use nominal size shoring are directed to Tables C-2.1 through C-2.3, or have this choice under § 1926.652(c)(3),- and are re- ferred to The Corps of Engineers, The Bureau of Reclamation or data from other acceptable sources. (2) Limitation of application. (i) It is not intended that the timber shoring specifica- tion apply to every situation that may be experienced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be designed as specified in § 1926.652(c). (ii) When any of the following conditions are present, the members specified in the tables are not considered adequate. Either an alternate timber shoring system must be designed or another type of protective system designed in accordance with § 1926.652. '(A) When loads imposed by structures or by stored -material adjacent to the trench weigh in excess of the load imposed by a two -foot : soil surcharge. The .term "adja- cent" as used here means the area within a horizontal distance from the edge of :the -trench equal to the depth of the trench. (B) When vertical ]Dads imposed_on cross braces exceed a 240 -pound gravity Toad dis- tributed on a one -foot. sectional the center of the crossbrace. - (C) When surcharge loads are present from equipment weighing in excess of 20,000 pounds. (D) When only the lower portion of -.a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables. The members of the shoring system that are to be selected using this information are the cross braces, the uprights, and the wales, where wales are re- quired. Minimum sizes of members are spec- ified for use in different types of soil. There are six tables of information, two for each soil type. The soil type must first be deter- mined in accordance with the soil classifica- tion system described in appendix A to sub- part P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is then made. The selection is based on the depth and width of the trench where the members are to be in- stalled and, in most instances, the selection is also based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spacing of crossbracing is avail- able, the horizontal spacing of the cross - braces must be chosen by the user before the size of any member can be determined. When the soil type, the width and depth of the trench, and the horizontal spacing of the crossbraces are known, the size and ver- tical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and horizontal spacing of the uprights can be read from the appropriate table. (f) Examples to Illustrate the Use of Tables C-1.1 through C-1.3. (1) Example 1. A trench dug in Type A soil is 13 feet deep and five feet wide. From Table C-1.1, for acceptable arrange- ments of timber can be used. Arrangement #1 Space 4x4 crossbraces at six feet horizon- tally and four feet vertically. Wales are not required. I J I I I 1 I1 I I It 11 I.1 237 ISubpt. P, App. C 29 CFR Ch. XV11 (7-1-92 Edition) I I I I I II I I I:! I I I Space 3x8 uprights at six feet horizontal- ly. This arrangement is commonly called "skip shoring." Arrangement #2 Space 4x6 crossbraces at eight feet hori- zontally and four feet vertically. Space 8x8 wales at four feet vertically. Space 2x6 uprights at four feet horizon- tally. Arrangement #3 Space 6x6 crossbraces at 10 feet horizon- tally and four feet vertically. Space 8x 10 wales at four feet vertically. Space 2x6 uprights at five feet horizontal- ly. Arrangement #4 Space 6x6 crossbraces at 12 feet horizon- tally and four feet vertically. Space 10x10 wales at four feet vertically. Spaces 3x8 uprights at six feet horizon- tally. - (2) Example 2. A trench dug in Type B soil in 13 feet deep and five feet wide. From Table C-1.2 three acceptable arrangements of members are listed. Arrangement #1 Space 6 x 6 crossbraces at six feet horizon- tally and five feet vertically. Space 8x8 wales at five feet vertically. Space 2x 6 uprights at two feet horizontal- ly. Arrangement #2 Space 68 crossbraces at eight feet hori- zontally and five feet vertically. Space 10x 10 wales at five feet vertically. Space 2x 6 uprights at two feet horizontal- ly. Arrangement #3 Space 8x8 crossbraces at 10 feet horizon- tally and five feet vertically. Space lOx 12 wales at five feet vertically. Space 2x6 uprights at two feet vertically. (3) Example 3. A trench dug in Type C soil is 13 feet deep and five feet wide. From Table C-1.3 two acceptable arrange- ments of members can be used. Arrangement #1 Space 8 x 8 crossbraces at six feet horizon- tally and five feet vertically. Space 10 x 12 wales at five feet vertically. Position 2x6 uprights as closely together as possible. If water must be retained use special tongue and groove uprights to form tight sheeting. Arrangement #2 Space 8x 10 crossbraces at eight feet hori- zontally and five feet vertically. Space 12x 12 wales at five feet vertically. Position 2x6 uprights in a close sheeting configuration unless water pressure must be resisted. Tight sheeting must be used where water must be retained. (4) Example 4. A trench dug in Type C soil is 20 feet deep and 11 feet wide. The size and spacing of members for the section of trench that is over 15 feet in depth is determined using Table C-1.3. Only one arrangement of mem- bers is provided. Space 8x10 crossbraces at six feet hori- zcntally and five feet vertically. Space 12x 12 wales at five feet vertically. Use 3x6 tight sheeting. Use of Tables C-2.1 through C-2.3 would follow the same procedures. (g) Notes for all Tables. 1. Member sizes at spacings other than in- dicated are to be determined as specified in § 1926.652(c). "Design of Protective Sys- tems." 2. When conditions are saturated or sub- merged use Tight Sheeting. Tight Sheeting refers to the use of specially -edged timber planks (e.g., tongue and groove) at least three inches thick. steel sheet piling, or similar construction that when driven or placed in position provide a tight wall to resist the lateral pressure of water and to prevent the loss of backfill material. Close Sheeting refers to the placement of planks side -by -side allowing as little space as possi- ble between them. 3. All spacing indicated is measured center to center. 4. Wales to be installed with greater di- mension horizontal. 5. If the vertical distance from the center of the lowest crossbrace to the bottom of the trench exceeds two and one-half feet. uprights shall be firmly embedded or a mudsil) shall be used. Where uprights are embedded, the vertical distance from the center of the lowest crossbrace to the bottom of the trench shall not exceed 36 inches. When mudsills are used, the vertical distance shall not exceed 42 inches. Mudsills are wales that are installed at the toe of the trench side. 6. Trench jacks may be used in lieu of or in combination with timber crossbraces. 7. Placement cf crossbraces. When the ver- tical spacing of crossbraces is four feet, place the top crossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbraces is five feet. place the top crossbrace no more than 2.5 feet below the top of the trench. I 238 Occupational. Safety and Health Admin., Labor Subpt. P, App. C a z DI W L F to W r U = a p a N W Y • W N m V H N n • O N • f C) + W ti J E Z m Q 1 X 0 N = Z ^ 11 0_� N 2 W W I-- d a - Y W J C O - F- N i z a `^ U ty C U, J Q 0 t0 F- X X lx Z N N O N - t-• O F- S W IC O W X W W N J O to J X N _f E Ui • X b 10 Q x 'C x n n n 1 U W 1 1 d' 1 R C C C C 1 CUi N LaJ V O— O— N Z Ls' a W Y m m C rn— 0000 Z X 2 - X X X X N v ._ m OJ O t0 m O zF H r W d U W W Q W v c v v v c v e C,, • t0 tO 10 t0 C p m C O u'i x 10 x b tO X 10 X x 10 X .C x 10 X t0 X 'C X C X aD O 1- W N d W J X X X X X X 'C X X X tD 10 t0 tD t0 to t0 t0 t0 C c -JS O CL) Z I- to tO tp t0 t0 t0 tO t0 '0 0.j X X O V .O t0 t0 tO - t0 W O fr 'C CP t0. < 'C Ih t0 t0 40 _ = 'C X X X X X X X X X < O Q V tO b tD t0 C m O 3 C C .'C X < t0 tO t0 t0 t0 C m 4e X X X X X X X X ' R V C C t0 t0 t0 t0 Cm — W F NF- O O O O O O O O O O ~ ~ F- I"'• F H O O U W m O Q la_ O_ y tD m O N t0 m N W = -' > > d > a .--i .. > �. vii > > > > > > > > H S =— D-O2W U' O O O— O WO W W W f- ...1 -a F O O ON O C W . — ^' F- N -0 I---- 239 Subpt. P, App. C 29 CPR Ch. XVII (7-1-92 Edition) V S N J m C th m F F c O x C 41 h N N Y y a a.. �n m _Q ^ N x x x N N N 6 S us _ao f oc ., a .o .o 6 m 4 Y C • U M .+i n Cc Z L V "--4 J •I G d a nZ F F A U PM .% Ji r U w .N a u a a — .. W n O O O N O N N .r ] 3 m) w x x x U ,E O N v '0 m O m O O m O N 0>-, (-dl •� r I 'n r r r G .O C' L T Or n U b N L E E C Z V < .J U r p v J m S q G J Ix O C m L F K I x % x X X>C x x x "'1 it C - — C C W '0 m C m m C S. -+ C J L G , L O q F N v m m m m pp Op O p q fI] ! • — x x % x x x x x Y U z N 'L R i r C 3 y = C O i C F 'z m U) m m .+ 4 F Z .. x x x x x x x x x COc yy C C .c C C W m m t s F ✓, f q 4 V o iL - ✓ S "-' F C C .a C m m m a •+ O Y O .n X x X x X x x x J E F f0 6 < L .O .O O W m m D• d d E G .0 m m m O v xi x x x x x x x x] -! .: .O d .c .G m m — n U Cu NZ f'. C C O C O o O Z % C F F ^ F F F -+ F F F w< 4 '0 C C .c a y .o m O u :� S. S. y J .+ u " =L •• 1 Y W �. L L. o N 'CZ y z O a :A y 4 I- - U'-. ry L Z J h: C.zj tt ;. C 0 0 0 O ON Gi s :r i+ .. .. (-. .r r F N 0 Occupational Safety and Health Admin., Labor Subpt. P, App. C V z H 0t4 a u N L O .-) Z Ha 0 N N H F O F 2 Z V 4 LU H W m a m � a O .l £ W N w e £ H 4 N OQ -C.3 y'0 X X X X % O W N N N N N en no O £ U 41 I. m W U J £ .Z •- C v H N 4 H W o 4.C W vi V1 " v) 'n u� j 6) W CLJP R U J U N 0 0 W 4 v O 0 I.y C'4 N Z O N N_ N N '� N H X X X r ul F 6 N a0 O N X O x N ry O CC r r r C d •£ N r r L V . T V H FH F m E * - CU< 'U 'n v1 - v1 v1 vl v1 H L _ N w w I X C 0 t+ O O O. O O 000 U O N r r r C 3+ 00. X X X _ X L a m a mX y o c - v u O E a C 41 A 'U F O O O N �E L 'U N X X r X y r " U N v 9 (O W m NX . V U,-. U 0= QQ 3 c a Z F O O O Y m 41 m m r m .Y r W W O m m m W m y O m .a 0,F H N O H O Cz. O F O O 9 M F N U '0 9 r m r S d X X X X X X .O OJ c0 m m m .J E G W E O E Or - 1.-c, v m 00 'C _ m —4 r O 1. = V - ' > x Y J r W 00 .0r _ W .. O O O O .+ O r F O 'i] W U J FO F H. F Z X iL U'U 'c_ m O .O m W N 'O 4) U r O W 04.1 04.1 y W W 0U W ££ 6. N O c. L U O O O L 1 N O 00 W N > > NZ �1 N Z N N N Z N Z Vl i i[ 2 F 01- - w W h O O O O u1 hO O NO C. CU - F r r F - r F N 41 O II Subpt. P. App. C 29 CFR Ch. XVII (7..1..92 Edition) a Z ¢ c x I . C v Cr f!I v a z k v C I r m a F I _ _ W W I - L m • I x x ` •• < v a x 4 •# ' y >� U, • .c .o •O .o 0 3 L.. Z Z _4I F r J- J- J• 7 9 O z a CU U ti y J J l r :.P Cr ¢ S Se.? S ¢ — CC S C - 04 '-4''-- z Z J Z W X X �- N X X C -' a x 'X. ¢ a c ¢ ¢ .C ¢ 5 y -I r N n. k T - N '--e-- l.: Z 'C Y U Y ` ' — •r. . . . •X a• lix - :: c FI .. .o. y. \ Vi -V Y x• X, xE x x x x X. x _� YI UI -0,-I V_ ti r x x C X X• x X X XI XI x X L 3r C U S Y i Q v Y d Y: t. _ d W C .J' C .C J .C J_ Z x x x x X x x x x• x x X W i S - �: - - c. .C .O CI c I c .G L Z 1 rI —o 9 F :n C x x x X x x x x X x x ., x L C v -] v v J .C C C d .O J C F = • w E 1 -r u v X x X x X X X• v v -: v .: v .: .: .c 'CI .o .o .\ r V — y F F - '" F F F '- F r F F G F Y 4 1 G — — II11 J C. U e L b. Z - Jl .7 C) J C u• .l1 O O G a s. G F .r F I F 1 242 Occupational Safety and Health Admin., Labor Subpt. P, App. C N W m z 41 C z L 1.1 u N14 o N W L.1 W {J N v S. H W F N 6 N N 1 � � U F W F v E x 6 1 X F 1 V v N O x V Z m lu K W F a a i~ m m a E .. M O F N V Z N N 'O r o -t W -t F X z o N O F N x m n r N m x> x 1.1 u. ci v v 3 0 r1 N (9 r ..n >4 •Q en v J 1 41 H N a x x x x x x V C'1 n1 M v v V Y V Z N H w r vi h Ui Ui h h Ui Ia.1 Q > G N {V Li.o - O O N O N N O N M Ih 0,j r N r r r r r X X X X X x X x V .0 m 00 of O O a) O Z r r r r 6 Z F N a] 6 lia• V1 V. Ii, V1 V1 V1 Y1 V1 Ui o >0-'-- z Q N b .O a7 0 O] N N W 0 c.r x x x x x x x x x = .0 .O .0 .0 00 N 0 N 0 N V F ri 41 N .0 .0 .O N 07 0 0 0 0 N O •0 .D .O .0 9 N .0 m 0 F a w a .o .o .o .c m m m m m x x x x x x x X x F v .0 .0 .p .0 m .0 .0 0 oO .O .0 .0 .0 .0 0 00 N 0 00 x d x % x x x % x x x FQ O v v .T .o .0 .O .O .0 0 3 O F v b .O J d m N W m OJ 0. X X x X X X X X X 0 J - .0 .D .D .0 .0 N r 4] O O O O OF OF N Z 1. F F• F -• Ed F r F F O M u Z a c>m .0 m o 0 .o m o a) .o N o v O w r w v x 6. m c. n. c. v o o G. 0. c. a c L 0. 0. 00 111 rc C Or O O > N 1. F 243 Subpt. P, App. C 29 CM Ch. XVII (7-1-92 Edition) a I I I- -- H C F - - Y •• ='a 3 O I k - I J1, U E f- G Li D .o •o C 7: wI O 3 Ia m u s s . — o Y o fi U M_ • Z Y r Ji r G J` V. ✓` J1 Jry tr aJ L • a. V W � H N I h r _ H y; x O J h O L I I s — U s a J• h • sl J N x T z 4 �I 1 n Y _ x• F. :% xt x s s x x -. - II x x x x z x c s � Y Y = W — :01 x x .+ a I f ?w. C C -- z x a I .+ c x x 4 J �^ J m .. .., lC I X_ FI r x x L x x x 'C IC I w e G I I C s = o Y r s .c x m z I-:) I I - W H W T U _ Y i Y :] :a. •: x v S ;y G •L G J G lc o C. IG •a v. d Y .•.. r G •J CI r L. i _ W 4 Y . J 'L J L Y V W 7 W J Ut •']. • v =- L. s Z = -J JIZ NZ 0 V:Z rn V: t it _. r •. fr r -. H N ? h :.. - 'Lit.'. •1 °Occupational Safety and :Health Admin., Labor subpt.'P, App..D , APPENDIX D TO SUBPART P-ALunaNUM .HYDRAULIC SHORING FOR TRENCHES .a) Scope.'This appendix contains-infor- nation that can be used when aluminum hydraulic shoring is.provided as .a method of . protection against cave-ins in trenches • tthat,do pot exceed 20 feet (6am) in adepth. This appendix must be used when:design of the aluminum hydraulic protective system cannot be performed in accordance with 11926;652(c)(2). - (b) Soil Classification. In order to use data presented in this appendix, the -soil type or types in which the excavation is made must first be • determined using the soil classification method set forth in appen- dix A of subpart P of part 1926. (c) -Presentation of Information. informa- tion is presented in several forms as follows: (1) Information is presented in tabular form In Tables D-1.1, D-1.2, D-1.3 and E- 1.4. Each table presents the maximum verti- cal and horizontal spacings that may be used with various aluminum member sizes and various hydraulic cylinder sizes. Each table contains data only for -the particular soil type in which the excavation or portion of the excavation is made. Tables D-1.1 and D-1.2 are for vertical shores in Types A and B soil. Tables D-1.3 and D1.4 are for hori- zontal waler systems in Types B and C soil. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appendix. (3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented in paragraph (f) of this appendix. (5) Miscellaneous notations (footnotes) re- garding Table D-1.1 through D-1.4 are pre- sented in paragraph (g) of this appendix. (6) Figures, illustrating typical- installa- tions of hydraulic shoring, are included just prior to the Tables. The illustrations page is entitled "Aluminum Hydraulic Shoring; Typical Installations." (d) Basis and limitations of the data. (1) Vertical shore rails and horizontal wales are those that meet the Section Mod- ulus requirements in the D-1 Tables. Alumi- num material is 6061-T6 or material of equivalent strength and properties. (2) Hydraulic cylinders specifications. (i) 2 -inch cylinders shall be a minimum 2 -inch inside diameter with a minimum safe work- ing capacity of no less than 18,000 pounds axial compressive load at maximum exten- sion. Maximum extension is to include full range of cylinder extensions as recommend- ed by product manufaturer. (ii) 3 -inch cylinders shall be a minimum 3 - inch inside diameter with a safe working ca- pacity of not less than 30,000 ,pounds axial compressive load at"extensions as recom- mended by product manufacturer. 13) Limitation of application. (I) It is not intended that the aluminum •hydraulic specificationapply to every situa- tipp that :,may be experienced in the field. These data were. developed: to. apply: to the situations that are most commonly expert- enced in current trenching practice. Shoring systems for use in situations that are not covered by the .data in this appendix must be otherwise designed as specified in § 1926.652(c). (ii). When any -of the following conditions are present, the members specified in the. Tables are not considered adequate. In this case, an alternative aluminum hydraulic shoring system or other type of protective system must be designed in accordance with § 1926.652. (A) When vertical loads imposed on cross braces exceed a 100 Pound gravity load dis- tributed on a one foot section of the center of the hydraulic cylinder. (B) When surcharge loads are present from equipment weighing in excess of 20,000 pounds. (C) When only the lower portion or a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables D-1.1, D-1.2, D-1.3 and D-1.4. The members of the shoring system that are to be selected using this informa- tion are the hydraulic cylinders, and either the vertical shores or the horizontal wales. When a waler system is used the vertical timber sheeting to be used is also selected from these tables. The Tables D-1.1 and D- 1.2 for vertical shores are used in Type A and B soils that do not require sheeting. Type B soils that may require sheeting, and Type C soils that always require sheeting are found in the horizontal wale Tables D- 1.3 and D-1.4. The soil type must first be de- termined in accordance with the soil classifi- cation system described in appendix A to subpart P of part 1926. Using the appropri- ate table, the selection of the size and spac- ing of the members is made. The selection is based on the depth and width of the trench where the members are to be installed. In these tables the vertical spacing is held con- stant at four feet on center. The tables show the maximum horizontal spacing of cylinders allowed for each size of wale in the waler system tables, and in the vertical shore tables, the hydraulic cylinder horizon- tal spacing is the same as the vertical shore spacing. I I I I I LI I I I 245 ISubpt. P, App. D 29 CFR Ch. XVII (7-1-92 Edition) I I L iI I I I I [1 I II (f) Example to Illustrate the Use of the Tablet (1) Example 1: A trench dug in Type A soil is 6 feet deep and 3 feet wide. From Table D-1.1: Find ver- tical shores and 2 inch diameter cylinders spaced 8 feet on center (o.c.) horizontally and 4 feet on center (o.c.) vertically. (See Figures 1 & 3 for typical installations.) (2) Example 2: A trench is dug in Type B soil that does not require sheeting, 13 feet deep and 5 feet wide. From Table D-1.2: Fird vertical shores and 2 inch diameter cylinders spaced 6.5 feet o.c. horizontally and 4 feet o.c. vertical- ly. (See Figures 1 & 3 for typical installa- tions.) (3) A trench is dug in Type B soil that does not require sheeting, but does experi- ence some minor raveling of the trench face. The trench is 16 feet deep and 9 feet wade. From Table D-1.2: Find vertical shores and 2 inch diameter cylinder (with special overs- leeves as designated by footnote #2) spaced 5.5 feet o.c. horizontally and 4 feet o.c. verti- cally, plywood (per footnote (g)(7) to the D- 1 Table) should be used behind the shores. (See Figures 2 & 3 for typical L--istallations.) (4) Example 4: A trench is dug in previous- ly disturbed Type B soil, with characteris- tics of a Type C soil, and will require sheet - big. The trench is 18 feet deep and .2 feet wide. 8 foot horizontal spacing between cyl- inders is desired for working space. From Table D-1.3: Find horizontal wale with a section modulus of 14.0 spaced at 4 feet o.c. vertically and 3 inch diameter cylinder spaced at 9 feet maximum o.c. horizontally. 3 x 12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (5) Examnnle 5: A trench is dug in Type C soil, 9 feet deep and 4 feet wide. Horizontal cylinder spacing in excess of 6 feet is desired for working space. From Table D-1.4: Find horizontal wale with a section modulus of 7.0 and 2 inch diameter cylinders spaced at 6.5 feet o.c. horizontally. Or. find horizontal wale with a 14.0 section modulus and 3 inch diameter cylinder spaced at 10 feet o.c. hori- zontally. Both wales are spaced 4 feet o.c. vertically. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (g) Footnotes, and general notes, for Tables D-1.1, D-1.2, D-1.3, and ➢-1.4. (1) For applications other than those listed in the tables, refer to § 1926.652(c)(2) for use of manufacturer's tabulated data. For trench depths in excess of 20 feet, refer to § 1926.652(c)(2) and § 1926.652(c)(3). (2) 2 inch diameter cylinders, at this width, shall have structural steel tube (3.5x3.5x0.1875) oversleeves, or structural oversleeves of manufacturer's specification, extending the full, collapsed length. (3) Hydraulic cylinders capacities. (1) 2 inch cylinders shall be a minimum 2 -inch inside diameter with a safe working capacity of not less than 18,000 pounds axial com- pressive load at maximum extension. Maxi- mum extension is to include full range of cylinder extensions as recommended by product manufacturer. (ti) 3 -inch cylinders shall be a minimum 3 - inch inside diameter with a safe work capac- ity of not less than 30,000 pounds axial com- press.ve load at maximum extension. Maxi- mum extension is to include full range of cylinder extensions as recommended by product manufacturer. (4) All spacing indicated is measured center to center. (5) Vertical shoring rails shall have a min- imum section modulus of 0.40 inch. (6) When vertical shores are used, there must be a minimum of three shores spaced equally, horizontally, in a group. (7) Plywood shall be 1.125 in. thick softwood or 0.75 inch. thick, 14 ply, arctic white birch (Finland fora). Please note that plywood is not intended as a structural member, but only for prevention of local raveling (sloughing of the trench face) be- tween shores. _ (8) See appendix C for timber specSica- tions. (9) Wales are calculated for simple span conditions - (10) See appendix D. item (d). for basis and limitations of the data. I frfl 1 Occupational Safety and Health Admin., Labor Subpt. P, App. D ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS FIGURE NO. 1 V(RTCAI ALWRAY FIGURE NO. 2 NY'LLL'G R"OPC VERTCAL ALLVML (RIOT RAACJW IX MYPRAULC RNORRC (w1ILYw000) HORIZONTAL SPACING SPAL SPACCINGNG VERTICAL RAIL HYDRAULIC CYLINDER 18" MAX. X. MAX. w VERTICAL RAIL '( i HYDRAULIC CYLINDER 1E• x fi PLYWOOD VERTICAL SPACING w • fj if₹ - VERTICAL s A SPACING a 2 4 MA%. c Mg P.N G' MAX. MAX 2 MAX. r... FIGURE NO. 3 FIGURE NO. 4 VERTCAL ALUYMIN ALUNWIIY HYORAAC 3MCNNp U P R I G• X I M YpUA{; E40n0 A(STA�E03% G wALEA SYSTEM. (TYACAU ^ SHEETING 'HORIZONTAL SPACING 7, Y ERTIRL SPACVERTICAL RAIL 2' MAX./ HYDRAULIC �/ CYLINDER VERTICAL SPACING 4' MAX. . HYDRAULIC CTLINDER 247 311-112 0-92-9 Subpt. P, App. 0 29 CPR Ch. XVII (7-1-92 Edition) a x U z F GL O C 0 z O 'n -u�C47 z_ F G U C}.' - Q - m v 7 -+ Z } T .� u 0O C - I x< C > VI =a T � N U y W ri<� E -a r• C C u a •c c C - VI •• u O 7 ' I C L M1 c V U Y -- •.- C �C C A C C Q Q - I I I C Y V LjO:z r' >^c...el • > >-a= I > .l EI C . 0 a C a > vv or — I Gi 'L 'L r,. Occupational Safety and Health Admin., Labor Subpt. P, App. D z 0 m�Ur z>` a � N- xw Wo" ow Q M O (W U •z w F m O ? F > E N ¢ O ❑ O O Qz O •W w z z a N Q i A U U Q c� O ¢ U z F T � LU O z SOU LU x in .flX N Q [zl Q CM l v 2 O = U F a a a a N �Ow LU > ,.moo >�nF. u >='aN p F O a O a O aO ' Subpf. P. App. D 29 CFR Ch. XVII (7-1-92 Edition) I I I i - ayk E ^J I N K Y• -V T ^_ I r- i y y - x� Z Z 7 Z' Z C Z i1' — — - — • Y C • — N 2 a- c' c c c a r o c t `" N l7 Z n 7. L Z• ZZW yZ1 dz T Z I TI - U x T �� �; 7— I 'I. "I. "I. I Z I Z V 5 - erLi I I I _ V , - r C 1 x - v' - r y = ^ = - - J. I I I. - — _ v .� — ._ v — ... _ _ _ 3 • i � r E - Li ` r W r y L E C t n ^ ^ rl v W C- ^ A J. - 1- V - ' U 7Z. 250 Occupational Safety and Health Admin., Labor Subpt. P, App. D I [NZ <- M CM • I I I N p N N N F (n en fn off' z z z z z z z z z M M M M M M M M M OO N 0 Z O In O O 'n O in O O b '0 O C h oo to r .p a o °xy E R o Z N i — Z J V O z 2 ZEq Z Zw z Z Zpl z Z 0 •m /— z F .-1 ¢ NQNFFO-- m NQF M M NEQf^ M. M V U a z z Z C w vJ V7 6J - F m O c N o o o h o c c Q g O v vi co en v: 'c 4 O N i C C z z z z z z z z z_ 00 Q N N M N M M N Cn tn z3� o uo _ Nz r m c-) o �n Co o 10 'd 'C c 41 oo en r. 6 F u u -a - O — Z N T O J in O O in O O v: .. C �� ❑ Z M en I� - M !� C M [ r- � Q % r u O H C a 3J N _N C < U C u v 3 Uz F - U J � ¢ Q j N C C C C -o.c.E y)' O G .. _ Q 4� LI U' F O z O C O Q O .0 . I. N C n m C u.0 O 251 Subpt. P, App. E 29 CFR Ch. XVII (7-1-42 Edition) APPENDI% E TO SUBPART P -ALTERNATIVES TO TIMBER SHORING 18" f VERT SPAC 4' MA RTICAL RAIL YDRAULIC CYLINDER Figure 1. hlu.:inum Hydraulic Shoring {a I 1 II 1 •1 �I .II .11 . - �rril��Yff/ ILLV✓Loocofl Figure 2. Pneumatic/hydraulic Shoring 252 Occupational Safety and Health Admin., Labor Subpt. P, App. E Figure 3. Trench Jacks (Screw Jacks) i Figure 4. Trench Shields 253 Subpt. P, App. F 29 CFR Ch. XVII (7-1-92 Edition) APPENDIX F TO SUBPART P —SELECTION OF PROTECTIVE SYSTEMS The following figures are a graphic sure nary of the recuirements contained in subpart P for excavations 20 feet or less in depth. Protective systems for use in excavations more than 20 feet to depth must be designed by a registered professional engineer in accordance with 1926.652 (b) and (c). .s the excavation fore than 5 feet in depth? Is there pctential for cave-in? S'opinK selected. Co to Figure 2 is the excavation entirely in stable rock? Excavation -.ev be made witi vertical sides. Excavaatic, must be sloped, shored, or shielded. Shoring or shielding selected. Go ;o Figure 3 FIG?RE 1 - PRE:,:*.:NARY DECISIONS 254 Occupational Safety and Health Admin., Labor Sloping selected as the method of protection • Will soil classification be made in accordance with 11926.652 (b)? Excavation must comply with one of the following three options: Option 1: j1926.652 (b)(2) which requires Appendices A and B to be followed v Option 2: 31926.652 (b)(3) which requires other tabulated data (see definition) to be followed. Option 3: .51926.652 (b)(4) which requires the excavation to be designed by a registered professional engineer. - Subpt. P, App. F Excavations must comply withi1926.652 (b)(1) which requires a slope of IkH:lV (34'). FIGURE 2 - SLOPING OPTIONS 255 Subpt. P, App. F 29 CFR Ch. XVII (7-1-92 Edition) Shoring or shielding selected as the method of protection. Soil c:assification is required when shoring or shielding is used. The excavation must conpy with one of the following four rpticns: Option 51926.652 (c)(1) which requires Appendices A and C to be followed ,e.g. tinher shcring). option 2 §1926.652 (c)(2) which requires nanu.`acturers data to be followed (e.g. hydraulic shoring,trench jacks, air s'.o-es, shields). Option 3 5:926.652 (c)(3) which requires tabulated data (see definition) to be followed (e.g. any systen as per the tabulated data). Option 4 51926.652 (c)(4) which requires the excavation to be designed by a reg:sterod professional engineer (e.g. any designed system). FIGURE 3 - SHORING AND SHIELDING OPTIONS 11 256