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40-95 RESOLUTION
• • RESOLUTION NO. 40-95 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT IN THE AMOUNT OF $294,059.20 WITH SWEETSER CONSTRUCTION, INC. FOR THE INTERSECTION IMPROVEMENTS AT JOYCE BOULEVARD AND HIGHWAY 265, AND APPROVAL OF A 15% CONTINGENCY AMOUNT OF $44,108.88, AND AUTHORIZING THE MAYOR TO APPROVE CHANGE ORDERS UP TO THE CONTINGENCY AMOUNT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby authorizes the Mayor and City Clerk to execute a contract in the amount of $294,059.20 with Sweetser Construction, Inc. For the intersection improvements at Joyce Boulevard and Highway 265, and approves a 15% contingency amount of $44,108.88. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The City Council hereby authonzes the Mayor to approve change orders up to the contingency amount of $44,108.88. PASSED AND APPROVED this 7th day of March , 1995. ATTEST: By: Aziti, tut Traci Paul, City Clerk APPROVED: By: red Hanna, Mayor July24, 1995 cr t• ser 07 -ay -4. APPLICATION FOR PAYMENT APPLICATION NO.1 PROJECT: Joyce Boulevard CD .State Hwy 265 LOCATION: Fayetteville, Arkansas City of Fayetteville Bid No. -95-13 OWNER: City of Fayetteville DATE July24, 1995 OWNER. City of Fayetteville CONTRACTOR. Sweelser Construction 113 W. Mountain 590 W. Poplar Fayetteville, Arkansas 72701 Fayetteville, AR 72703 ITEM DESCRIPTION QUANTITY • UNIT CONTRACT TOTAL # .UNIT PRICE AMOUNT 1 Installed Contract Quantities.© Unit Prices As Shown As Shown As Shown $260,666.50 Attached "Payment Application -Schedule No. 1" The Original Contract Price was $294,059.20 Net Change By Previous Change Order(s) was Woo The New Contract Price Including All Change Orders is $294059.20 The Gross Amount Due The .Contractor To Date is $260,666.50 1.0% Retainage Of The .Gross Amount Due The Contractor is $26,066.65 The Net Amount Due The Contractor To Date $234.599:85 The Amount Of Previous Payments Paid To Contractor is o The Amount Due This Application is $234,599.85 Accepted : Sweetser Construction q� By �/ Title: 7�k 5,/pe,4 Date: 2 �- 6J , Approved:: City of Fayetteville; Fayetteville, Arkansas By: �(/�� �� ] Title: rake - Lacy- Date: %Z 11-9S--• A4 -y3//3 Res Yv-9' 07/24/95 12:01 PM 1 PAYMENT APPLICATION SCHEDULE NO. 1 Highway 265 & Joyce SL Intersection Improvements CITY OF FAYE!TEVIL LE BID NO. 95-W Fayetteville, Arkansas JERRY D. SWEETSER INC (SWEETSER CONSTRUCTION) BW ,Item No. AHTD Spec. No. Mem Description Units 2 3 4 5 6 7 8 9 10. 11 12 13 14 15 16 17 18 19 20 21 '22 23 24 25 26 27 28 29 30 31 32 33 34 35 36: 37 38 39� - 40 202 202 202 208 210 210 303 407 501 601 603 606 606 606 806 606 606 607 609 609 620 620 620 820 621 821 628 632 633 634 635 719 719 719 719 728 SHT3 SHT 3 APP "A" R&D FENCE R&D ASPHALT PAVING R&D PIPE CULVERTS FENCE MOVED &RECONSTRUCTED UNCLASSIFIED EXCAVATION COMPACTED EMBANKMENT ("HILLSIDE") AGGREGATE BASE COURSE (CLASS 7) 3" ACHM SURF. CRSE-T2 PORTLACONCRETE PAVEMENT MOBILIZATION MAINTENANCE OF TRAFFIC 18" R.C. PIPE CLVT..(CL 3 ) 2C R.C.. PIPE CWT. (CL 3) 36" R.C. PIPE CLVT..(CL 3) 18" FLARED END SECTION (CL 3) 24' FLARED END SECTION .(CL 3 ) 36' FLARED END SECTION (CL 3) 5' X 2':BOX 850,SPEC ) [280 L F.j JUNCTION BOX (TYPE ST) DROP INLETS,(TYPE C) LIME SEEDING MULCH COVER WATER BALED STRAW FILTER BARRIER SILT FENCE. TOP SOIL:FURNISHED & PLACED CONCRETE ISLAND 5' CONCRETE SIDEWALK INTEGRAL.CURB.(TYPE A) ROADWAY CONSTR CONTROL .THERMOPLASTIC WHITE (4") !THERMOPLASTIC WHITE (12") THERMOPLASTIC YELLOW (4") THERMOPLASTIC ARROWS DELINEATORS (OM -3R) RELOCATE IRRIGATION METER REPLACE LANDSCAPING - ORTHO.CLINIC PROJECT IDENTIFICAI ION SIGN TRENCH EXCAVATION SAFETY LF SY LF LF CY CY CY SY SY LS LS LF LF LF EA :EA EA LS EA EA TN AC AC MGAL BA LF CY SY LF LF LS LF LF LF EA EA LS LS EA LS .Original Bid Amount Project l Tdta! Quantity Unit Bid 1 Price Payment Application No.1 Project Extended Total Mem Cost Quantity 525 870 1 90' 60 1750 1386' 140 52 2370 1 1 300' 9501 10 2 4 1 1 1 2 2.7 1.1 1.1 220 50 1000 560 68' 266 630 1 1350 35 950 2 4 1 I 2 1 $1.00 $4.00 $15.00 $10.00 $12.00 $12.70 $30.00 $65.00 529.00 :$5,000.00 $15,000100 .$38.00' :$45.00 $80.00 $550.00 $650.00 $1,100.00 $56,000.00 $2,200.00 $2,200.00 $100.00 $1,800.00 $300.00 $4.00 $7.50 $460 $5.00 $32.00 $11.00 $2:00 $4,500.00 $1:00 $7.00 $1.00 .$300.100 $75.00 5700.00 $500.00 5350:00 $2,500.00 $525.00 $3,480.00 $2,850.00 $600.00 521,000.00 $17,602.20 $4,200.00 53,380.00 26.3 $68,730.00 2370 $5,000100 $151000.00 0.9 511,40600 300 $42,750:00 860 $800.00 10 $1,100.06 2 $2;600.90 $1,100.00 1 556,000.00 1 $2,200.00 54,400.00 2 $270.00 $1,980.00 1.1 $330.00 1.1 $88000 0' $375.00 $4.000.00 $2,800.00 $2,176.00 52,926.00 $1,260.00 $4,500.00 $1.,350.00 $245.00 5950.00 525 870 190 1500 1200 $600.00 $300.00 5700.00 $500.00 $700:00 52,500.00 100 68 258 629 0.9 0 0 0 4 1 Unit Bid Price T Extended Item Cost $1.00 $4.00 $15.00 $10.00 $12.00 $12.7.0 $30,00 165.00 $29.00 55,00000 $15,000.00 $38.00 $45.00 $80.00 $550.00 $650.00 51,100.00 $56,000.00 $2200.00 52200 00 $100.00 $1.800.00 $300.00 54.00 57.50 $4.00 $5'.00 $32.00 $1100 $2.00 54,500.00 51.00 $7.00 51.00 $300:00 $75.00 $700.00 5500.00 53.50.00 52,500.00. $525.00 .$3,480.00 $2,850.00 $0.00 118,000.00 115,240.00 $0.00 $1,709.50 568,730.00 55,090.00 $13,500.00 511,400.00 $38.700.00 $800.00 $1,100.00 $0.00 $1,100.00 $56,000.00 $2,200.00 54,400.00 $0:00 $1;980.00 $330.00 $0.00 $0.00 $0.00 $500.00 52,176.00 $2,838.00 51258.00 $4,050.00 $0.00 50.00 $0.00 $0.00 $300.00 $0.00 50.00 50.00 $2,500.00 Total C'ontract.P.rice $294,059:20 Total'Pay.Estimate:Nd.1 $260,666.50 Total,Percerit Complete 89% rte FAYHTT6VILL VENDOR NO/Of.17U J "JL 3CJ L.. e .amu S•WEETSER CONST ATTN WILLIAM G SWEFJSER 590 W POPLAR FAYETTEVILLE AR 72703 tach Package Must oe Marked Exactly As Shown Here City of Fayetteville, Arkansas rirloc vnucn 004311.3 DATE 4/ 03/9.5 FC)i FAYETTEVILLE: TERM'/.00/00 NET 30 DAYS Item No. Oty. Unit of Issue 1 1,00 EA Description and Account Number CONSTRLJCTION 0J= INTERSECTION ECTION IMPR'OVEMENT'. 0 JOYCE BLVD & HWY 265 ( 4470 7470 5009 CO 94034 4617)-) aDa0 PQ / •.� d -I 341,51 8s SHIP TO: CITY OF FAYETTEVILLE ENGINEER'NG/IJRAFTING 113 W MOUNTAIN FAYETTEVILLE A.R. 72701. M BUNCH G) UNN Unit Price TOTALS 294059.200 294039.20 �D J1 i f bi CReak 27A1,059.. 20 DEPARTMENT VERIFICATION :RECEIVED .DEPT HEAD APPROVAL AMOUNT TOPAY A/P VERIFICATION BY DATE IQ✓ .�10.•V PURCHASING VERIFICATION PRICE CHANGE VERIFICATION RETURN CHECK TO SEND COPY TO ADDITIONAL APP.RO.VAL CHECK.k DOES NOT MEET PURCHASING POLICY .CONTRACT PAYMENT OTHER APPROVED BY PR TH ^r PR 4 (1 :. I #.. 9 TOTA P A. 1-3 I—IS BALANCE$ T Y E $ moi/ VirrilLek DEPT. WHEN CMPLETE DELIVER TO ACCTS. PAYABLE 411 ..... ILLE VENDOR N070670 Furpc QnL ORDER SWEETSER CONST ATTN WILLIAM 0 SWEETSER 590 W POPLAR FAYETTEVILLE AR 72703 Each Package Must Be Marked Exactly As Shown Here City of Fayetteville, Arkansas PURCHASE ORDER # 0043113 DATE 6/07/95 FOB FFAYETTE:VILL.E: TERMS°° 00 NET 30 DAYS Item Na Oty. Unit of Issue Description and Account Number Unit Price TOTALS 1.00 EA CONSTRUCTION OF INTERSECTION 294059.200 294059.20 ( 4470 9470 5009 00 94034 2020) CHANGE ORDER 111 TO DELETE ITEM 41 AND ADD ITEM 112 IN ORDEr; TO CORRECT PROJECT NUMBER CONTRACT %480 SHIP TO: CITY OF l AYETTEVILI._E ENGINEERING/DRAF'TI.NG 113 W MOUNTAIN F°AYETTEVILLE AR 72701 M BUNCH 0 DLJNN 294,059.20 DEPARTMENT VERIFICATION RECEIVED DEPT HEAD APPROVAL AMOUNT TO PAY AP VERIFICATION DATE PURCHASING VERIFICATION PRICE CHANGE VERIFICATION CHECK TO $e"••D COPY TO ADDITIONAL APPROVAL CHECK4 DOES NOT MEET PURCHASING POLICY CONTRACT PAYMENT OTHER APPROVED BY PROJECT THIS PAY N PREVIOU Y TOTAL PY T BALANCE $ DEPT. WHEN COMPLETE DELIVER TO ACCTS. PAYABLE STAFF REVIEW FORM xxx AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of N/A for Mayor's Signature FROM: Mandy R Bunch .Encrineerina Public Works Name Division Department ACTION REQUIRED: Approve Change Order #1 to the construction contract with Sweetser Construction for the intersection improvements at Hwy. 265 and Joyce Boulevard in the amount of $19,525.60. Council approved a project contingency of $44,108.88 on March 7, 1995. (Resolution No. 40-95) COST TO CITY: $ 19,525.60 Cost of this Request 4470-9470-5809-00 Account Number 94034-2020 Project Number $ 2,044,150 Joyce, Hwy 71-265 Category/Project Budget Category/Project Name $ 1,087,383 Funds Used To Date Program Name $ 95.6,767 Sales Tax Const. Remaining Balance Fund BUDGET REVIEW: xxx Budgeted Item BudgLt Coordinator Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Pec Purchasing Officer X-/-qS Date K1-7) Date 82_i -G5 Date GRANTING AGENCY: //}} Date C/ Date STAFF RECOMMENDATION: Staff recommends ision Head � f ! /� VLA epartment Director �9S D.te Date the change order be approved. Cross Reference New Item: Yes Prey Ord/Res :#: 40-95 Otig Contract Date: 3/7/95 FAYETTEVILLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Kevin D. Crosson, Public Works Director, �, I Charles Venable, Assistant Pu lic Wor Director•[.d Don Bunn, City Engineer %-- From: Mandy Bunch, Engineering MRP" Date: August 1, 1995 RE: Contract Review Change Order Number 1 Joyce Boulevard @ Hwy. 265 Intersection Improvements 1. Background . Sweetser Construction was awarded the contract for the construction of intersection improvements at Joyce Boulevard and Hwy. 265. Construction will be complete on August 11, 1995. 2. Change Order Items. Most of the items on the Change Order are relatively small in change due to either to overruns or deletion of the items from the project. The following is a list of items that have had large changes, or new items that have new unit prices attached: A. Excavation and Embankment. The net change in these items is an increase of 22% from the original quantity. When excavation began on the west side of the highway, the matenal encountered was much more deficient than expected. Some of the areas required up to six feet of excavation and replacement rather than the planned two feet. B. Asphalt Overlay. The net change in this item was 115%. The contract called for asphalt on the east side of the highway only. Due to poor conditions encountered on the west side, a transition area of asphalt was provided. The drive tie-in to the Physical Therapy Clinic was also repaired. This was done due to the poor condition of the drive tie-in after our re-routing of traffic during the closure C. Delineators. The net change in this item was 50%. After the improvements were complete on the west side of the highway, the necessity of two additional delineators on the south side of Joyce was evident. They were placed just west of the opemng to the storm sewer system. D. 1" Galvanized Conduit. This conduit was placed in anticipation of relocating the irrigation system. E Rip -Rap Pads. This item was shown on .the plans, and inadvertently not included non the Bid Tab. F. Labor & Machine Rental (Waterline Work) Sweetser Construction agreed to assist us with the relocation and upgrade of an existing water line that impeded the. construction of' the intersection improvements 3. Staff Recommendation. The Staff recommends that Change Order Number 1 be approved. The amount of the increase, $19,525.60, is within the contingency amount that the Council approved. The original contract. amount was $294,059.20. The Council approved a contingency of $ 44,108.88 , and authorized the Mayor to approve change orders up to $ 338,1.68.08. August 1 , 1995 CONTRACT CHANGE ORDER CHANGE ORDER NO.1 PROJECT: LOCATION: OWNER: Joyce Boulevard .@ State .Hwy. 265 Fayetteville, Arkansas City of Fayetteville OWNER: City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 City of Fayetteville Bid No. 9543 DATE: •August 1, 1995 CONTRACTOR: Sweetser.Construction 590 W. Poplar Fayetteville, AR 72703 ITEM 'DESCRIPTION QUANTITY Changes in Contract Quantities and Unit Prices Attached as "CHANGE ORDER NO. 1" (Prepared and Dated July 31, 1995) UNIT CONTRACT UNIT PRICE TOTAL AMOUNT As Shown As Shown As Shown $313,584.80 The Original Contract Price was $294,059.20 Net Change By Previous Change Order(s) was $OAO he Contract Price Prior To This Change Order was $294,059.28 he Contract Price Will Be Increased By This Change Order by $19,525.60 The New Contract Price Including This Change Order is $313,584.80 The Contract Time Will Be Increased by 26 Day he Date Of Completion As Of The Date Of This Change Order is August 11, 1995 Accepted : Sweetser Construction Title: �,e'..5S/N ee Date: (- l - Approved: Ci of Fayetteville; Fayetteville, Arkansas BY• /%dnlet Title.: MAVOW 07/31/95 Date: jy7 11:36 AM 1 CHANGE ORDER N0, 1 Highway 265 & Joyce SI Intersection Improvements CITY OF FAYETTE.VILLE BIO'NO 95-13 Fayetteville. Arkansas JERRY D SWEETSER, INC. (SWEETSER CONSTRUCTION) Bid Item No. (AUTO Spec No. Original Bid Amount Item Description 1 2 3 4 5 6 7 8' 9 10 11 12 1.3 14 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 291 30i 31 321 33 34 .35 36 37 38 39 39 39B 39 202 232 202 208 210 210 303 407 501 601 603 606 .606 606 606 606 606 607 609 609 620 620 620 620 621 .621: .628 632 633 634 635 719 719 719 719 728 SHT3 SHT3 R&D FENCE R&D ASPHALT PAVING R&D PIPE CULVERTS FENCE MOVED & RECONSTRUCTED UNCLASSIFIED .EXCAVATION COMPACTED EMBANKMENT.("HILLSIDE") AGGREGATE BASE COURSE (CLASS 7) 3' ACHM SURF .CRSE-T2 PORTLACONCRETE PAVEMENT MOBILIZATION MAINTENANCE OF T,RAFF.IC 18' R.C. PIP.E CLVT. (CL 3 ) 24" R.0 PIPE CLVT. (CL 3) 38' R C. PIPE CLVT .(CL 3) 18' FLARED END SECTION (CL 3 ) 24' FLARED ENO SECTION (CL 3 ) 36" FLARED END SECTION (CL 3) 5' X 2' BOX 850 SPEC) [280 L.F ] (JUNCTION BOX (TYPE ST) DROP INLETS (TY°E C) LIME SEEDING MULCH COVER WATER BALED STRAW FILTER BARKER SILT FENCE TOP SOIL FURNISHED & PLACED CONCRETE ISLAND 5' CONCRETE SIDEWALK INTEGRAL CURB (TYPE A) ROADWAY CONSTR CONTROL THERMOPLASTIC WHITE (41 THERMOPLASTIC WHITE:(lt) THERMOPLASTIC YELLOW (4') THERMOPLASTIC ARROWS DELINEATORS (OM -3R) RELOCATE IRRIGATION METER REPLACE LANDSCAPING-.ORTHO CLINIC PROJECT IDENTIFICATION SIGN 1' GALVANIZED CONDUIT RIP -RAP PADS LABOR & MACHINE RENTAL .(WATERLINE WORK) TRENCH EXCAVATION SAFETY Project Tafel Units quantic$% iUnit Bid Price Change Order No.1 Protect . Extended Total Item Cost Ouantit)j LF SY LF LF CY CY CY SV SY LS LS LF IF LF EA EA EA LS EA EA TN AC AC MGAL BA. LF .CY SY LF LF LS LF LF LF EA EA LS LS EA LF SY HR LS 525 :870 190' 60 1750 1386 140 52 2370 1 1 300 950 10 2 4 1 1 1 '2 27 11 11 220 50 1000 560 .68 266 630 1350 35 950 2 4 1 1 2 0 .0 .0 1 $1.00 $4.00 $15.00 $10 00 $12 00 512.70 $30:00 $65 00 529.00 $5,000 00' $15,000 00 $38 00' $45 00 $80 00 $550.00 $650:00 5'.10900 $56,000 00' $2,200 00' $2.200 00 $•100 00' $1,800.00 5300.00 54.00 $7 50 $4 00 S5.00 $32 00 $11 00 $2:00 $4.500.00 $1 00 57 00 51.00 $300.00 57590 5700.00 $500.00 $350 00 $0 00 $0 00 SD 00 $2.500 00 Unit Bid Price Extended Item Cost 5525.00 586 $1.00 $3,480 00 950 $4.00 52,85000 100 $15.00 $600.00 0 510.00 521,000.00 2129 512.00' $17602.20. .2129 512.70 54,200.00 140 $30.00 $3,380 00 112 $65.00 568,730 00 2465 529.00 55,000 00 1 . 55,000 00 51.5,000 00 1 515900 00 $11,40000 308 538.00 542,750.00 950 545.00 $800.00 1.0 580.00 51,1.0000 2 $550.00 $2,600 00 4 $650.00 $1,10000 1 $1,1.0000 556.000.00 1 $56,000 00 52,200 00 1 $2;200 00 $4 400.00 .2 52,200 00 $270.00 0 5100:00 $1980 00 1 1 51 800 00 $330 00 1 1 5300.00 5880.00 220 . 54.00 5375.00 0 57 50 $4,coo.Oo 0 54.00 $2.800.00 560 55.00 52,176.00 68 •$3200 52,926 00 266 511.0.0 51,260 00 630 $2.00 $4,500.00 1 $4,50.0.00 51,350.00 1404 5100 5245.00 45 57.00 5950.00 1008- 51.00 $600.00 2 $300 do 5300.00 6 575.06 $700 00 0' 5700.00 $500 00 1 $500 00 5700 00 0 5350 00 50.00 27 S1.5o 50.00 85 535:00 $0 00 1.5 $100.00 52,500 00 1 52 500.00 3585:00 $3,800.00 52.850 00 $090 525,548,00 $27.038.30 $4,200.00 57,280.00 57t 485.00 55,000 00 $15,000 00 $11;704.00 $42,750.00 .$800.00 51.1.00 00 $2,600 00 $1,100.00 $56,000 00 52,200.00 $4 400 00 $0:00 51,98,0 00 5330 00 $880.00 $0.00 50.00 $2 B00.00 52,176 60 $2,926 00 51.260.00 $4,500.00 $1,404.00 5315.00 $t:ood.po $800 00 $450:00 50 DO 5500 00 $0:00 $40.60 52.975.00 51,500.00 .$250000 Total Contract Price 5294.059 20 $31'3,584 80 Tdtal Add '519„52560 1 DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS INTERSECTION IMPROVEMENTS JOYCE BOULEVARD AT HIGHWAY 265 BID No. 95-13 CITY OF FAYETT'EVILLE, ARKANSAS FEBRUARY 1995 DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS INTERSECTION IMPROVEMENTS JOYCE BOULEVARD AT HIGHWAY 265 BID No. 95-13 CITY OF FAYETTEVILLE, ARKANSAS FEBRUARY 1995 TABLE OF CONTENTS Item pages Advertisement for bids 1 Instructions to bidders 1-8 State Wage Determination N/A Bid Proposal _ 1-6 Statement of Bidder's Qualifications 1 Contract Agreement 1-4 Performance Bond 1-2 Payment Bond 1-2 General Conditions 1-42 Supplement to the General Conditions . 1-8 List of Drawings 1 Detailed Technical Specifications Section 100 General Project requirements 1-10 Section 140 Schedules, Progress Meetings .. 1 Section 150 Project Signs 1 Appendix A - OSHA Safety requirements for excavation 218-256 End of the Table of Contents ADVERTISEMENT FOR BIDS Intersection Improvements Joyce Boulevard at J.S. Hwy. 265 Bid Number 95-13 City of Fayetteville, Arkansas Sealed bids for the construction of improvements at the intersection of Joyce Boulevard at U.S. Hwy- 265 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 2:00 p.m.. local time on Monday, February 2i, 1995, and then at said office publicly opened and read aloud. The proposed Work generally consists cf grading, drainage, and paving construction required to widen and improve the J.S. Highway 265 and Joyce Boulevard intersection. The Contract documents, consisting of the Advertisement for Bids, Instruction tc Bidders, Bid Proposal, Contract, General Conditions, Supplementary Conditions, Payment Bond, Performance Bond, Drawings, Specifications, and Addenda, may he examined and obtained at the City cf Fayetteville Engineering Office, Pocm 004, City Administration Building, :13 '•lest Mountain, Fayetteville, AR. Each contractor shall Le responsible for the investigation, inspection, and studies of the project s-te as deemed necessary .to fas.iliarize themselves w;th all conditions encountered. Each contractor shall he responsible to read and comply with the Icsrructi ns to Bidders as contained in the Contract Documents. Each bid must be accompanied by a casnier s check or surety bond in an account of five percent (5%; of the total whole bid. Said bond shall be issued by a resident local agent who licensed ry the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and tiling with such bonds his power-of-at`-:rney. .h- mere crunters:gn:ng of the bonds by a resident agent shall not be sufficient. In the event the successful bidder fails, neglects, or refuses to enter int the contract for the construction of said work and furnish the necessary 'finds in accordance with the Contract General and Supplemental Conditions, the Owner shah: retain said check or bond as liquidated damages. Bids shall he madc :n and such bio sheet_ aha:: ntt ce and Contract Documents. AllLids shall be sealed and the Purchasing Office, Room .,"eh, :._ ';est- M 72701, and clearly marked the .swer let following information: The Rid number, bid opening, the time of the hid -]:ening license number. is contained in .thc specifications, ruin the remainder of the Specifications addressed t: the City of Fayetteville, untain Street. Fayetteville, Arkansas t side of the hid envelope shall be the The proect name,title, the date of .the and the bidding contractor's name and All bidders shall he .i -else ,l under the terms Arkansas Legislature. of Act 150 c•f the X9.65 Acts of the No bidder may withdraw `.:s h_, wi,- r s;xty •;t3' the bid opening. The City of Fayettevil:e reserves t„e night .. waive any formalities as deemed. tto in Fayetteville. Says after the actual date of reject any and all bids, and to the Lest interest of the City of INSTRUCTIONS FOR BIDDERS• 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard General 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 of the Bidding Documents. Complete sets of the Bidding Documents in the number and amount, if any, stated in the Advertisement to Invitation to Bid may be obtained 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 from 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 other use. 3. Qualifications 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 each 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 may 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 others, 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 on subsurface conditions, .Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing site conditions appear in Article 4 of the General Conditions and any associated Supplementary Conditions, Instructions for bidders page 1 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 conditions of the Contract Documents. 4.5 Upon request in advance, the .Owner will 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. 4.9 The AHTD Specifications Arkansas State Specifications • Standard Specifications contained in the 'Standard for Highway Construction,' Edition of 1993, published by the Highway Commission are referenced and made a part of the These Standard Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas. The AHTD Standard Specifications, and Standard Drawings when referenced in the bid schedule shall be used as the Technical Specifications for this specific project. The Standard "Front-end" specifications, including the Advertisement for Bids, Instructions to Bidders, Bid Proposal, Contract, General Conditions, Supplemental Conditions, Performance and Payment Bonds and Section 100 - "General Project Requirements" shall be as contained and shown in this specific set of Contract documents and specifications. All conflicts and discrepancies shall be resolved in the favor of the Contract Documents and Specifications as written by the City of Fayetteville. Instructions for bidders page 2 4.10 Special attention is called to the time constraints and the traffic control required for this project. Refer to paragraph 8 of Section 100 which states ". . .This proiect shall allow for the closing of Joyce Boulevard at State Highway 265 for a maximum period of 30 consecutive calendar days inclusive of all bad weather days, holidays and other "non -working" days. It shall be the responsibility of the Contractor to provide whatever means are necessary for completion of all phases of work necessary to re -open Joyce Boulevard within the 30 consecutive day period. Access to the Family Medical Center and the Razorback Sports & Physical Therapy Clinic shall be maintained .open at all times. It shall be the responsibility of the Contractor to furnish to the Engineer for approval a complete traffic control plan showing the dates of closing Joyce Boulevard, method of maintaining traffic to the two referenced medical clinics, detour routing, signage and public safety. This specific plan shall be submitted by the Contractor to the Engineer within 10 days after the Notice of Award and shall be discussed at the preconstruction meeting. Traffic control shall conform to AHTD Standards and the Manual on Uniform Traffic Control Devices. . . 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 questions and clarifications for this specific project is Mandy Bunch or Don Bunn, P.E., City Engineering Office, (501) 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. 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/or Contract Agreement and/or Technical Specification 100 - General Project Requirements. Instructions for bidders page 3 Liquidated Damages. Provisions for liquidated damages, if any, are set forth in the Bid Proposal and/or the Contract Agreement. 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" items. Substitute or "or - equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer. Application for acceptance for possible substitute or "or -equal" items will not be .considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application is set forth in Article 6.7 of the General Conditions and any associated Supplementary Conditions. 10. Subcontractors, suppliers and others. The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner 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 his 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 written, and the Bid form must be fully Only one (1) copy of the Bid form is re must be filled in, in ink .or type completed and executed when submitted. quired. 11.3 Bids 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 Bide by partnerships must be .exeduted 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 r.egardinq the Bid must be shown. Instructions for bidders page 4 12. Submission o•f Bide. Bids shall be submitted 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 time prior to the opening of Bide. If, within 24 hours after the opening of Bide, 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 ir% 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. All Bids shall remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, at its dole 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 not 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 not be in the best interest of 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 o•f doubtful past performance, or fails to meet any other pertinent standard or criteria Instructions for bidders page 5 established by the Owner. Discrepancies in the multiplication of unite .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, Owner 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 to 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 prior to the Notice of 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 Documents to .Owner's 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 to 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 toextend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 17. Contract Security. Article 5 of the General Conditions, 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 Contractor. 19. Compliance with State Licensing Law Contractors must be licensed in accordance with the requirements of ACT 150, Arkansas Acte 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. Instructions for bidders page 6 L. I I I C CIS I E L I. 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 and each subcontractor, where the amount exceeds $7:5,000.00 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 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. A copy of the prevailing wage rates for this specific project, as established by the Arkansas Department of Labor, is attached in the Contract Documents immediately following the Instructions to Bidders. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any subcontractor, the difference between the rates of wages required by this .Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or 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 Contractor'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. Instructions for bidder.s page 7 1. C C I H 22. Compliance with Act 125. Arkansas Acts of 1965. The attention of Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for 'the .payment of certain taxes on materials and equipment brought into the State. it further provides for methods of collecting such taxes. All provisions of Act 125, Arkansas Acts of 1965 shall be complied with under this Contract. 23. Withholding State Income Taxes. The Contractor shall deduct and withhold 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 is 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.O.Box 1272, Little Rock, Arkansas 72203 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 1993. The attention of Bidders is called to the provisions of Act 190, Arkansas Acts of 1993. In general, this act provides for the subcontractors to provide to the General Contractor performance and payment bonds, with certain regulations on form and time, when the subcontractor's bid is in excess of $50,000.00. 26. Excavation Safety. ' The attention all Bidders is called to the requirements of Act 291, Arkansas Acts of 1993 - Excavation and Trench Safety. The current edition of • Occupational Safety and Health Administration Standard for Excavation and Trench Safety Systems, 29 CFR 1926, subpart P, is specifically incorporated ' and made a part of these specifications and contract documents as required by Arkansas Act 291 of the 79th General Assembly of 1993. The Contractor shall be solely responsible for the implementation of these requirements. A copy of the OSHA regulations is included in this set of specifications as Appendix A. .1 End of the Instructions to Bidders Instructions for bidders page 8 u I B2.D PROPOSAL Place Fayetteville, Arkansas ' Date Fc/3 — 7— 95 Proposal of JERRY D. SWEETSER, INC � a corporation organized and existing under the laws of the State of A(zkAusA4 a partnership consisting of ^'/4 ; an individual trading as __/a To: City of Fayetteville �j City Administration Building JI 113 West Mountain L Fayetteville, AR 72701 IJThe undersigned hereby proposes to perform all work and furnish all materials required to be furnished for the construction of Bid No. 95-13 which shall be the intersection and street improvements of Joyce Boulevard at State Highway 2.65 in accordance with the Project Drawings, Project Specifications, referenced AHTD Standard Specifications, AHTD Standard Drawings and the following bid schedule for the Contract Price of -TWo }1UND2Fo NINETY-FoUfi TLiQU≤AAJo flFTV-N(NE poLLA2S ANo .3 Dollars ($ a: It is understood that the contract price includes all lump sum items, in addition to all other work identified with variable • quantities listed in the bid proposal in the amounts so listed. The variable quantities given in the proposal are for the purpose of comparing bids only, and the contract price will be adjusted in the final settlement for variation in the quantities at the unit prices stated in the Bid Proposal and Unit Price Schedule. i / Bid Quantity and Unit Price Schedule ' Highway 265 & Joyce St. Intersection Improvements Fayetteville, Arkansas / ' Bid AHTD item Spec. Estimated Item Description Unit Bid Extended No. No. Quantity Units Price Item Cost Ii 202 525 LF R&D FENCE UL)it1_isR .1M()?QifSTS__$ Imo' ILF $ 0.9n11 Pnce Per Lineal Foot -Words) (Numerals) (Numerals) 2 202 870 SY R&D ASPHALT PAVING F.out DOLL a S F}N'D NO C MS $ ISY $ 34{8O r' rice er square a - o s (Numerals) u ( —7,7 s1 3 202 1 LF R&D PIPE CULVERTS 0 — FIFT.E�f�1 i'o(S�RS ANp No efwW $�S_ ILF $ a850-' (Unit Pride Per Lineal Foot -Words) (Nunerals) Numerals ( 1 4 208 60 LF FENCE MOVED &RECONSTRUCTED 66 IAN IJoLL6 NO ND CENTS $ /O. us tunit Priceer alea oofF t -ids}— --- (Numerals) mera�— 5 210 1750 CY UNCLASSIFIED EXCAVATION cc TWEcUt tOLLA(?S. a)Ja NU_ CUTS $J) ICY $ J/Ln/VM✓ (Grin Pnce Pe CU0¢ Var--Wortls) (Numerals) /(Numerals) 6 210 1386 CY COMPACTED EMBANKMENT (-HILLSIDE-) TWELt JJOLLARS K:vD S&J /Cf'7 S$.J qi .' ICY $ / (/�Dp� r 1UNt-Pride Per Cubic verd-WSrds) (RumeTs) - 6T 7 303 140 CY AGGREGATE BASE COURSE (CLASS 7) 0 �' 2 h IRTLboLLA RS ANON() C.l NjS$$O• ICY $ 5,2 o. (Unit Pnce er Cubic Yard - Words.l .r1umeraT— — (Numerals, 8 407 52 SY 3" ACHM SURF. CRSE-T2 60 S n' -FLT__ t oyt. 2 S-Ps.\j+O i Cen1ss h 5- ISY $ ,3..3.Q (Unit Price Pei Square Vard ==Wortls; -- — (Numerals) Numerals; -- 9 501 2370 SY PORTLAND CEMENT CONCRETE PAVEMENT Two. ' N\IMti belay;_ at,d 4 6A6) a9 _/SY $_687,30.E unit 0rieeei PSmare vaa -Words; ;rm ueralS1 nterals) 10 601 i LS MOBILIZATION k_V-j.__?1.ouSPI-NO.-DULLF St4oCon*&$DjnOi ILS $ _____ turvt Price Per Lump Sum-\Wortls; INumerals7 (Nurt@rals; 11 603 1 LS MAINTENANCE OF TRAFFIC 66 ' F� _}e.�r - 1Pho�5alSure- orcir- y_s- $ /Soon. _rLs $ �OD� r Umt price Pdr .ump Sum - Wows; — —,- umeralsj — // G erais; 12 606 300 LF 18" R C. PIPE CLOT. (CL 3) / 66 _f.Y11'L �- C-Ilhq d0 laS and _q _Gi s$ 38,, /LF $,&W . (Unt ice Per Lineal poor -Words, tNumerdlsl / (Numerals} ) 13 606 950 LF 24" R.C. PIPE CLVT. (CL 3) /� ' -ORTy. IVe De )aY5 N'0 ND l.e AI5 $_ ILF $ �p2!�D. ;Wnil Price Per Lineal Foot - Words; ( umeratsl - -- �y4imeral 7 14 606 10 LF 36- R.C PIPE CLVT..(CL .3) Co- --II /n1� II 8 19.h{y de'10 ��Qv7. :Np.LIlIT$. $ _ D4 ILF $ (i1. unit Dike Per Lineal Fool -words) �'--- —'-- ' (Numerals) (Numerals) 15 606 7 EA 18" FLARED.END SECTION.(CL 3) A7 LO eve ho r d eed. �e . -words) 5 did cRh SO. !EA .$ A1.9l1 PricePer a�n-Words) Nu neralsl (Numerals)__ ' 16 606 4 EA 24" FLARED ENDSECTION (CL 3) �xhundeA dt liars $S0. /EA $ (UnI.Price' Per Eac -Words) - (Numerals) INumerats) ' 17 606 1 EA 36" FLARED END SECTION (CL 3) I.eVeh .l1Vt' died � Words) v S $ //GiO, IEA $ L/DD-�' ( nn rice Per Eact' - Wards) (NvmeraTsj umerais 2 I Bid Al-lTD Item Spec, Estimated Item Description Unit Bid Extended No. No. Quantity Units Price Item Cost 18 607 1 LS 5 X 2' BOX CULVERT ( ASTM 850 SPEC) (280 L F.) o�.— 0O VIr1v-3;xTh D4�11 r $56CGU�/LS $ 6DDD. (Unll Pgce Per Lump Su .m - orris ("�erai) erals ) 19 609 1 EA JUNCTION BOX (TYPE ST:) T%s- _w y hunk-M0d doh 5•$l2 lz /EA $ �j, Pnce�e�acfiEach— (Numerals) omen%) 20 609 2 EA DROP INLETS (TYPE C) S�e-n-1u rNo ht:LY _Wor c()IlavS $ .60 / A $ 7 OO. (Unit Pnce Pe .Each - Words) (Numerals) (Numerals) 21 620 2.7 TN LIME Our hurcb & dIaTTS 1°cam+§J_o RN $ �L7It flee Per on -Words) umeras umeas — 22 .620 1.1 AC SEEDING O,r4kouandfh4 KundYedc�Cl$s/BDD /Ac $/780 — (Unit Price Per - Words) .(Numerals) (Numerals) 23 620 1.9 AC MULCH COVER h Z_C. H r YQ4 U YS .$— Q a lAC $ � M Price Per e�IC�re - .ors umeras umera s 24 620 220 MGAL WATER oar d.ol\aT$ 3nclNo _CQISSS $ /Mc .$ C (UmtPrice Per io Gall_ons -Words) .(Numerals) (Numerals) 25 621 50 BA BALED STRAW FILTER BARRIER S2eY._cppIL.a.Ys and-R'-Ffy CCAts.$7' /BA $ (UhdPricePerBle-Word - - - — - umeraTsT— _LNuneras 26 621 1000 LF SILT FENCE 6 -5--Lkr .d.ollays a v d �Jo�nt5 $ �.__ /LF .$-#D0D. Nnil Pnce PeiLm_ne eal'ool=Words) — (Nurais; — (Numerals)-"-- 27 628 560 CV TOP SOIL FURNISHED & PLACED IV2 do1\rS Cana" mo en $a5 -- /CY :$ �(}/( Unil e Per Cubic Yard -:Words; - "- - (Numerals)— (Num� Pncls) 28 632 68 SY CONCRETE ISLAND 1lt lk'i7/ 11)0 t11aYs an& No % 5$ $ q/ (Umt Pnce Per Sduare 9a?d - Word3j_- -' (Numerals -"— "— (7•Tume2ls� 29 633 266 :LF 5' CONCRETE SIDEWALK E IeVC.V, &`I\o r s and ) ( riOs $ ��• Da /LF $ 02 / c (Unit Price Pei Lineal Fool -Words - - 30 634) (Numerals) — —(Numerals) 630 LF :INTEGRAL CURB �1(TYPE A) .L o aot'alvS"d-nc_ tJo_CoM+5$_02 . LP $ (Unit Price Per Lineal root -Words! (Nume(als) - [Numerals) -- 31 635 1 LS zR_OADWyA�Y CONSTR �CONTROLL p I ///�� _IUAY 1 AOIJsUnit aice&Per oSum\W rY\ALe O. dG VA _ -O •_4! S `i"'si✓_ 1 (Numerals) (Nuneials) 32 719 11350 LF THERMOPLASTIC PVMNT MARKING WHITE (4") 0�?L _c�olloav �[L.YYL>---$ /LF $ 3SO (Unit Price Per Lineal Foot-WordSi) ( umerals) — - .(Numerals) 33 719 35 LF THERMOPLASTIC PVMNT:MARKING.WHIT.E.(12") vex GI0�0.Y,5 afld-_'V0 0ATS$ /- . /LF $ 5, (Unit Pace Per Lineal Fool -Words) "--(Nenefals— (Numerals) 34 119 950 LF TTH^HE``RMOPLASTIC PVMNT MARKING YELLOW.(4_-),, O t7�_ $ •.('Jnn nce Per Line"el Fool =•W / ords) .(N • umeraisj— — urn ra s 35 719 2 EA THERMOPLASTIC PVMNT MARKING ARROWS ,Dvr.cc V nUn 4 rCc 6 01 I t_".S =---.$ ,3 0 6 •EA s600. _ (Unit Price Per Each - Words) --- -t umeral) (Numerals) 36 728 4 EA DELINEATORS (OM -3R) �yp 1Q UPr - vt dA\aYS aI S (OKfS�EA $3 On (Unii Pnce Per Each. Words (NUmerals) memis Bid AHTD Item Spec. Estimated Item Description Unit Bid Extended No. No. Quantity Units Price Item Cost 37 SHT 3 1 LS RELOCATE IRRIGATION METER AND APPURTENANCES C_v_E N U k,0 L. N2Q T.p,RS p ' (Unit lirrce Per ump3 uum�Jor s)__rJ — 7Numerals — (Numerals) 38 SHT 3 1 LS REPLACE I1LANDSCAPING - ORTHOO��CLINIC /� 1 /111 I,' ttl�lt\RFn Uo.uR� r7NO 0 l SLIS$.51�(/ ILS $_____ -.r Jru Price or Lum Sem-. oiOs P T (Numerals)umerals) 39 2 EA PROJJECT IDENTIFICATION SIGN ^ /,1— '� ILE 4 &pidyN .e& �i c-iy �0.v3 $.35L/. /EA $ Q, (Unn-Gsce Per Each (Numerals) (Numerals) 40 APP •'A" 1 LS TRENCH EXCAVATION SAFETY CO Iwo INous i -Svt 4kMdeed . dolay5$ 00 $ a26Oc '� (Unit Pride Per Lump Sum- Words) (Numerals) (Numerals) I W I I G� I Two RL,LrJoR4 NINETY-Foue T[- to USAIJ6 ?)H Total basic contract price $NI3 DOLLARS RND Tti)ENTy UE.NTS (Words) Total basic contract price $19q o 5Q.zo (Nu erals) 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 Fayettevill.e. 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,materi.al,plant and supplies, within the ti :sme 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 a part. 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 sixty (60) consecutive calendar days after the date of the Notice to Proceed. Should the Contractor fail to complete the work within the stated time, he shall pay the Owner as fixed, agreed, and liquidated damages $500.00 per day for each consecutive calendar day of delay until the work is completed .or accepted. 4 C 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. %/,uL 57RrD,.e9 .7irc I/Aci X3,2. / 4fL f)/agl1. 7 I I Additional time is allowed for delays as stipulated in the Contract Documents. The undersigned acknowledges the receipt of the following Addendum: I1 Li 11 For changing quantities of work items from those indicated by the contract Documents, upon written instructions from the Engineer, the above unit prices as given in the proposal shall prevail. The above unit prices shall include all labor, materials, plant, bailing, shoring, overhead, profit, insurance, bonds, etc., as necessary to cover the finished work of the various kinds .called for. The bidder understands 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 that this bid shall be good and may not be withdrawn for a period of 60 .days after the scheduled closing time for receipt of bids. Further the undersigned agrees to fully and completely submit the detailed "STATEMENT OF BIDDER'S QUALIFICATIONS" as found on the page immediately following the proposal. The undersigned agrees that failure to complete and/or provide the "STATEMENT OF BIDDER'S QUALIFICATIONS" shall be cause for the Owner and/or Engineer to consider the bi.d nonresponsive and to reject such bid. JERRY D. SWEETSER, INC Title 590 WEST POPLAR - FAYETTEVILLE, AR 72703; Business Address CI So! 4'92--O//7 Telephone L. N. O2 7-97&-39s Arkansas License Number End of the Bid Proposal III I I 1J I H I C L C C STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and th a :data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate sheets and then attached to this statement. The Bidder may submit any additional information that he desires. 1. Name of Bidder. JERRY D. SWEETSER, INC. 2. Permanent main office address: and tele.' one number. 590 WEST POPLAR - FAfE�TTEVILLE, AR 72703 3. When organized. //. q 57 4. If a corporation, where incorporated. 74P,�4NSp5 5. Contractor's License number. 7/ 6. How many years have you been engaged your present firm or trade name? /c, 7 7. Contracts on hand. (Schedule these, and the appropriate anticipated dates of for references.) In the contracting business under showing the amount of each .contract completions, andpoint of contact 8. Have you ever failed to complete any work awarded to you? Nd 9. Have you ever defaulted on a contract? If so, where and why.? NQ 10. Experience in construction similar in size and scope to this project, along with the project .owners and .engineers. a,'E h1A u�c f2 �c7a, gp ?r4r75 {or7/� /�w Sgf Act 11. List of major equipment available for this contract. WE cu N6EQu,pn E+T Te 'Po T7E�7CA AETA/SEA Lis/u / di.EST� 12. Will you, upon request, fill out a detailed financial statement, including credit worthiness, .and furnish any other information that may be required by the Owner? Dated a this / day of _fC rFb'A� 19_ JERRY D. SWEETSER, INC Name of Organization: by y Title ,F�D�fr�- State of (VIJi j2, le County, of e -c it Jtyv -,' ttc- being duly •swor.n .deposes and says that he (she) is the of Contractor(s), arid that answers to the foregoing questions and all statements therein. contained .are true and correct_ Subscribed and sworn be My commission expires (seal) C • SY,e/.72Dyt •• py�2j • // • s/744 3/73z/*5 • / e7sa4 ...y • A! /LI D tc Ak5�b(1, CGvu7 .1 1 1 I I 6-15-94 I DATE: Jan 31, 1995 ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT BIDDER'S CERTIFICATION STATUS OF UNCOMPLETED CONTRACTS z..;This Bidder's Certification shall be executed and filed before bidding documents will be released to prequalifier `.contractors. LIST ALL CONTRACTS AND SUBCONTRACTS IN FORCE OR PENDING, not just those with the .Arkansas State Highway and Transportation Department. •.RETURN THIS FORM TO: Arkansas State Highway and Transportation Department Attention: Programs and Contracts Division Post Office Box 2261 Little Rock, Arkansas 72203-2261 • Telefax Number: (501) 5.69-2623 UNCOMPLETED DESCRIPTION OF CONTRACT CONTRACT AMOUNT DOLLAR VALUE Mn Hill — street/drainage $ _.8 S 974.29 1 212. City of Fayetteville - CD Street Imp 439,037.25 131.,060.00 124;3.. Mcllroy Inv - street/drai street/drainage h 928,69.0.99 393,618.58 137`4:1. City of Fayetteville - Cedarwood drainage 226,892.43 22,097.95 1385. City of Fayetteville - Mill Street Ext' 205,441.25 109.723..58 _ 139 6, (City of Fay - Stubblefield drainage 303,296.80 179,002.89 1457. Challenger Inv - street/drainage 65,162.75 43,101,75 1508. Architectural Const - street/drainage 108,81.0.00 54,405.0.0 155 9. City of Fay - Lakeside Drainage 20,180.00 20,180.00 10. Add additional sheet(s) if needed. TOTAL UNCOMPLETED VALUE S STATE OF ARKANSAS CONTRACTOR LICENSING BOARD NUMBER EXPIRATION DATE 954.164.12 027470395 3-31-95 CERTIFICATION 1 hereby certify'that the above is a true and correct statement of the status of uncompleted contracts currently mvarded or pending award to this company and of the licensing information presented. BE FILLED IN BY. CONTRACTOR aeetser Constniction t (Company Name) —590 W Poplar OS � TITLE: President Fi ■ U 11 I IU CONTRACT AGREEMENT THIS AGREEMENT, made and entered into the 7Th .day of P�lecA , 19 'i4, by and between the City of Fayetteville, County of Washington, State of Arkansas, Party.of the First Part, hereinafter called the Owner, and aY V. 5 eETse lNc , of the City of FAV EflEVILLF RRlANSAS Party of the Second Part, hereinafter :called the Contractor. WITNESSETH THAT: WHEREAS, the Owner has. called for bids for Intersection and Street Improvements of Joyce Boulevard at State Highway 265, 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 is 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: Bid No. 95-13 which shall be the intersection and street improvements of Joyce Boulevard at Highway 265, Washington County, Fayetteville, Arkansas, for the unit and lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus b dollars ($2q`.f,o59.zo ), 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 and made .a part hereof, and Specifications, the General Conditions, and in accordance maps, plats, blueprints, and otl explanatory matter thereof. stated in the Bid attached hereto in accordance with the Technical Conditions, the Supplementary with the Plans, which include all ter drawings, and written or printed The Contractor acknowledges that the Mm Standard Specifications contained in the "Standard Specifications for Highway Construction;" Edition of 1993, published by the Arkansas State Highway Commission are hereby referenced and made a part of the Contract Specifications. Contract Agreement page 1 I I IThese Standard Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State ' Highway Department, Little Rock., Arkansas, The AHTD Standard Specifications, and Standard Drawings when referenced in the bid schedule shall be used as the Technical Specifications for this specific project. The Standard "Front-end" specifications, including the Advertisement for Bids, Instructions to Bidders, Bid Proposal, Contract, General Conditions, Supplemental Conditions, Performance and Payment Bonds and Section 100 - "General Project Requirements" shall be as written by the City of Fayetteville and I. contained and shown in this specific set of Contract documents and specifications. - All conflicts and discrepancies shall be resolved in the favor of the Contract Documents and Specifications as written by the City of Fayetteville. 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 sixty (60) calendar days. The Contractor further agrees that this project shall allow for the period of 3.0 consecutive calendar days inclusive of all bad weather ' days, holidays and other "non -working" days. It shall be the responsibility of the Contractor to provide whatever means are necessary for completion of all phases of work necessary to re -open Joyce Boulevard within the 30 consecutive day period. 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. As soon as is 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 calendar month, 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 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. Contract Agreement page 2 I: 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 five hundred dollars ($500.00) 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 amounts 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. Note the exception to the time allowance for the closing of Joyce Boulevard - No claims for delay shall be considered for weather, holidays or other typical "non -working" days beyond the 30 consecutive day maximum for the closing .of Joyce Boulevard. 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. 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 .(.10) days notice, to complete and carry out the contract of Contractor; and in that event, should be surety ' fail, neglect or refuse to 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. Contract Agreement page 3 I r This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. I :-1 I JERRY D. SWEETSER, INCr Firm me L/z By Witnesses* *If corporation, secretary should attest. CITY/F FAME TEVILLE, ARKANSAS ' Fr d Hanna, Mayor I .1 L! I I I I Attest4 Traci Paul, City Clerk End of Contract Agreement Contract Agreement page 4 �'F,pElttr�. UNF :Efl ST.A.FiES COMP/.i'1 .lr f'- rte-....., .(•A •Stock.!.Gompany) ARK•ANS'ASsT•AT.UTORY P,ERFORMAACEAND PAYMENT BOND yye, ... Jerxy I), .Sweetser. Z�tr. �.... ......:..... .....::f: :i. :. .................O .no .nr.mr. :.:..:....;r .......n.....n ... ...n .l. -.r .n ...n.. ...n .n .n .nr.r.l... .r. .r... ............. .r :...:........ '-....................r ......n :.:.n :n :.... :r...n ... ...n....n�n a:�:n :r. :r..: :r 444. r. ........ .. .. 444 ..........n -r .r .r .c .4� 4444 ...� as Principal: hereinafter:tail'ed Principal;.and IUNITiED ST ATESIF:ID.ELIT'YAND GUARANTY(C:OMPANY, a toroporation orgariiied ian i iezrsting'iinde?.the laws `oY'the• Sta`te'Of (Maryland and -authorized to do business in the State 'of.Arkan"sas, as Surety,fhereinafter called!'Su?ety, are held:and firm,'ly bound [uro:::.::..:......... the CGity,'o£ Fayettevi'11ef,.:AArkansas.::.« ::......n.................n.nr..:..:..:..:,:..:.. r .......... .. ... ... ... 4.. 411 ... :as Obligee, hereinafterrcalledOwner. in=the rambunt o`f :............. .........l 0:..:.0 4444. /o .I nett'=D3ur--;Thousaid,lF fty=•Nine Ib1=1ars.:and,'2'-%1. g.'fs' Dcllas ($ 24, o3r9c.a.; „,). fbi the payment whereof iPrih ipal''and •Surety bind rthem"selve-s.,vtheir heirs, personal) reel'esen'tat[ves.,'isutcessor"s aAd assigns, !jointly°and "severalty, Yirmly lit'sfhese Presents: Prindipal(h� sby•writtehx agreemeritrddated ...%??I i et : 7;q:%9yS.,... ,..,,..n.;entered(into.a contract With Ownerffor tu._j i s i'ng aft ,1•�b or amc1 !:i5ater 'als '£or rB tf .No'. t9j≥13 ;w.u`ch ;shall :be the : htertectiron and `street •impzvvenients o`f ,Joyce iBbulev . ,d at IIighway i265„ i�Vab :rigtoii'fW-Unty., l!Fayettevville, Arkansas . Twhich (corit?act is (by refefe.nce [made `a partThereof: •and its herernafter.iFeferred to'/as the Contract: 'THE CONDITION' OFtTHIS,OBU ATIO:N it tuchithatif thelPrinctpal shallfFful)y performithe Gon`Cract on his part and shall fully indemnffyrand•savecharmless-the( Ownertrom'fSlI cost and�darnage:whidn:he.rrlay suffer by reason (of failure so'tb do acid hall fully reim'burse•and Frepay'the `Owner all ou`tlayrand expense which the Owner may lincur.in making gb'od an.y such .d:ef'ault.,, and.':further; dnat ii the Principal.shall pay all persons all indebtedness forlabor materials furrii'shed.or.perforniedrunder said'Contract, faiIing.whidh such persons• shall have ardi'rect right of.actioagainst the Prindipal?and fSurety.,(jointly arid' severally. 'under this .obligation, subjectltoihe Owners prior'ity..'fhen this(otiligation shall.bemull +and vdid';rotherwise ft'shall iremain in :full force (arid :e`ffect. '(Nosuit, action of,lproceedingshall[oehrougFitron`this bond:outsid:e the•rttate•roffArkansas:'INo�suii (action or proceeding rshall'!;be brought=on'this lbond•;ezeept' by'the Qwner, .einles"s it is. brought in `accordance .with /ACA. Section `2%2=9-463' (b) and .A;a. Section y1:8=4'4-503 (b) i(S�� 1987) as amended. No si lt, action �adion ror proceeding;shalllbe'brou.ght:b,y.the'Owrier:after:two„years'frornThe date o:n which final;paymetit under the 'Contract fall. d'ue. Any.alterationsWhich may'beTa`de in'the'tewms of!the%toritrael,ror in iherwork`to!be'done'or the' giving byte ©.wner:of jny�exfenslon 6111 me for the;perfoJrbanbe o9'tne:Contratt, or Any other'foiberante on .the part ofieithercfhe owner:drifhe Fri ncipal;to':the.dther shaflknottin;any .ay :release the Pfincipal.and the Suretycor `Sureties;tor either :or:any'ofThem. .their heirs,tpertbnal representatives, •successor-s.tor assigns frorii,'their liabilityiiiereundinotice to'ffie'Surety or Sureties `r6fcanytoh'alteration., eztensio6:,bf'fofbiwante !being hereby waived: "In no'eveM shall the aggregate liability•of the Surety exceed the rsurnssetrout herein: Executed on this ?:.......olday :of.....gfarch.....::r.::r.r.. ::4 44:4:; %:'H.. JerxS..tP:rSW etseaT. J C:...nv: ,nr..nr._....,:. - Pr- --- -ent UNITED ST`'' 'S FIDEIJITY %fND•'rGU' ' TV •(COMPANY .fiber[ .Attorney in -'fact 935996 UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY Ii' S F+G` NO. 106636 INSNNANCE KNOW ALL MEN BY T ESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint A.P. Eason, Jr. and Robert M. Davis of the City of Fayetteville , State of Arkansas its true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge my and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly alleged by the signature of its Senior Via President and Assistant Secretary, this 22nd day of January , A.D. 1993 UNITED STATES FIDELITY AND GUARANTY COMPANY By. vi B � SeniorPresident........ Vice ......:.............. Assistant Secretary STATE OF MARYLAND) SS: BALTIMORE CITY onthis22nd day of January ,A.D.1993 ,beforemepersonallysame Robert J. Lamendola Senior Vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY abd Paul 0. Sims • Assistant Secretary of said Company, with both of whom I ampersoadlly acquainted, who being by me severalty duly swom,saill, that they, the said Robert J. Lamendola and Paul Du Sims wen respectivelytheSenior Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described inmed w+hkb executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Posverof Attorney was such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like older as Senior Via Presldem and Assistant Secretary, respectively, of the Company. MyCormnissionexpiresthe 11th dayin March Ab.19 95 A A�� NOTARY PUBLIC 1 This Power of Attorney is granted under and by aufiiority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the mane and on behalf of the Company, either by the Chairman, or the President, or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President. jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers maybe engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to my Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to my limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and my such power so executed and certified by such facsimile signamrb and facsimile seal shall be valid and binding upon the Company with respect to my bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to mach the seal of the Company to my and all bonds and undertakings, and other writings obligatory in the nature thereof, and my such insimment executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I. Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full fora and effect. 1, the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has notbeen revoked. In Testimony Whereof, I have hereunto set my hand and the seal of D STATES FIDELITY AND GUARANTY COMPANY an this day of ,19 ss7n'M'0 LN/� 1896 4 Assistant Secretary FS 3 (10-92) 4 PRODUCER Eason & Company, Inc. 100 West Center, Suite 201 Fayetteville, AR 72702-4217 PHON9501-521-2233 THIS CERTIFICATE IS ISSUED AS A MATTER OP INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE I POLICIES BELOW. I I--------------------------------------------------------------------------I COMPANIES AFFORDING COVERAGE I I ----------------------------------------------------I-----_-_--------------- ---------- ---------------I INSURED I .COMPANY LETTER A Bituminous Insurance Co, I---------------------------------------------------------------------------I COMPANY LETTER B _---_---_-- I Jerry Sweetser, Inc. 1------------ -------------------- I 590 W. Poplar I COMPANY LETTER C I FayettevilleAR I-------------------------------------------------------------------------I / 72 03 I COMPANY LETTER D I I_-._______________--___ COMPANY LETTER E I I> COVERAGES <I THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY I PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO 1 ALL TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _________________________________ _--___-- ___--____________-__----_- I COI TYPE OF INSURANCE I POLICY NUMBER I POLICY EFF POLICY EXP I LIMITS ILTRI I I DATE I DATE I I ---- -----__II I -____-_______-__-__-__________----I I I GENERAL LIABILITY I I I (GENERAL AGGREGATE 1 $2,000,000 1 I I I 1-------I--------------I I Al (4 COMMERCIAL GEN LIABILITY I CLP2131174 1 10/30/94 110/30/95 (PROD-COMP/OP AGO. 11, 000, 000, I I I 1------------------I-------------I I I CLAIMS MADE (X) OCC. 1 IPERS. & ADV. INJURY11, 000, 000, I I OWNERS' S& CONTRACTOR'S I I I I EACH OCCURRENCE 11,000,000, PROTECTIVE I I I 1___________________II 1 I 1 I IFIRE DAMAGE I 1t II I I.I (ANY ONE FIRE) 150,000 1 1 1 1 I 1II 1.[ I I I I IMED. EXPENSE I I 1 I I I (ANY ONE PERSON) 15,000 II-------------------------------I---------------------------I- --I----I-------------------I--------------I .1 1 AUTOMOBILE LIAB I I I (COMB. SINGLE LIMIT 11000000 1 :1 I I I 1 ---------------------I I Al [7q ANY AUTO CAP1813240 1 10/30/94 110/30/95 (BODILY INJURY I 1 I[ I ALL OWNED AUTOS I I I I(PER PERSON) I[ I SCHEDULED AUTOS I I I I -------------------I---- I I[ ) HIRED AUTOS I I I IBODILY INJURY I I[ I NON -OWNED AUTOS I I I (PER ACCIDENT) I I[ I GARAGE LIABILITY I I 1 II______- I[ ] I I I PROPERTY DAMAGE I 1 I EXCESS LIABILITY I I (EACH OCCURRENCE 12000000 1 AIrX UMBRELLA FORM I CUP1786039 110/30/94 1110/30/95 1-------------------I-------------- ( I OTHER THAN UMBRELLA FORM I 1 (AGGREGATE 12000000 1III I I I IX ISTATUTORY LIMITS( I AI WORKERS' COMP I WC122292 110/30/'94 110/30/95 (EACH ACCIDENT 11000000 AND I I :1 (DISEASE-POL. LIMIT 15000000 I I EMPLOYERS' LIAB I I 1 IDISRASE-EACH EMP. 11000000 I ---I------------- ------------- ------------I-------------------I-----=----------------------------; I OTHER I I 1 I II 1 I 1 1 II I I I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS The following named as additional insureds: The City of Fayetteville, 113 W. Mountain, Fayetteville, Arkansas 72701 1> CERTIFICATE HOLDER <_______________ aaaa==> CANCELLATION<=====vcvv_=ea=evvvvvaaa=uvaaiva=evvecvcaaa=veaa==v=evvvvvvaa = SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE -CANCELLED BEFORE THE EX- = PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 = DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT I The City of Fayetteville, = FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Arkansas ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 113 West Mountain = ----------------------------------------------------------------------- Fayetteville AR AUTHORIZED REPRESENTATIVE 72701 = ACORD 25-S (7/90) Robert Michael Davi( I I I KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) hereinafter called "Principal" .and (3) of , State of hereinafter called the "Surety," are held and firmly bound unto (4) hereinafter •' called the "Owner", in the penal sum of ($ ) 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. 1 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 of which is hereto ' attached and made a part hereof for the construction .of: Bid No. 95-13 which shall be the intersection and street ' improvements of Joyce Boulevard at Highway 265, Washington County, Fayetteville, Arkansas. 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, t and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.. PROVIDED, FURTHER, that the said Surety, for Value received hereby stipulates and agrees that no change, extension of time, ' alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, ' alteration or addition to the terms of the contract. or to the work or to the specifications. ' PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 1 I I I I I [TT 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: (Principal) Secretary (Seal) Witness as to Principal Address Attest: (Surety) Secretary (Seal) ' Witness as to Surety ' Address I I Principal M Address Surety By Attorney -in -Fact Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor (2) A corporation, a partnership, or an individual, as the .case may be (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (.6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. L ' PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) ' a (2). hereinafter called "Principal" and (3) of , State of I. hereinafter called the "Surety," are held and firmly bound unto .(4) hereinafter called the "Owner", in the penal sum 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 tthese 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 of which is hereto attached and made a part hereof for the construction of: Bid No. 95-13 which shall be the intersection and street improvements of Joyce Boulevard at Highway 265, Washington County, Fayetteville, Arkansas.. ' 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. ' The Surety agrees that the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly Irate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. ' PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work Ito be performed thereunder or the specifications accompanying the same shall in .any wise affect its obligation on this bond, and it does hereby waive notice of any :such change, extension of time, ' alteration or addition to the terms of the contractor to the work or to the specifications. II 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. 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: Principal ' (Principal) Secretary By (Seal) IWitness as to Principal Address Attest: (Surety) Secretary (Seal) Address Surety By Attorney -in -Fact Witness as to Surety Address Address 1 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 I J II I I I .1 I I I I I I r 1 1 Il iii, document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee Issued and Published Jointly By HG F,y UEE SOCIETYOF e r A e s Y a PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A -practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN' SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910 -8 -A -I or 1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in .the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9)1 1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 19l.0-12)4 1990 Edition) may be used. I EJCDC No. 1910-8(1990 Edition) I I I I I I I I I I H Li © 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 E TABLE. OF. CONTENTS OF.GENERAL CONDITIONS ' Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number I. DEFINITIONS ...................................13 2_.5-2.7 Before Starting Construction: 1.1 Addenda ........................ .... 1.3 CONTRACTOR's Responsibility to ' 1.2 Agreement ............. ........ ... 13 Report: Preliminary Schedules: 1.3 Application for Payment .............. 1.3 Delivery of Certificates of 1.4 Asbestos ..............................13 Insurance .......... .. 15 1.5 Bid ................ ........ ........ 13 2.8 Preconstruction.Conference ........... 15 I1.6 Bidding Documents ......... ... ..... 13 2.9 Initially Acceptable Schedules .... .... 16 1.7 Bidding Requirements ...:...1111..... 13 3. CONTRACT DOCUMENTS: INTENT, 1.8 Bonds ................................ 13 . _.. 11 AMENDING, REUSE .....:............ .... ... 16 ' 1.9 Change Order 1.10 Contract Documents .......... ... 13 3.1-3.2 Intent ............ .............1111:.. 16 L I I Contract Price ............ 3.l Reference to Standards and 13 1.12 Contract Times ....................... 13 Specifications of Technical Societies: 1.13 CONTRACTOR ...... . . . ...... . ..... . 13 Reporting and Resolving 1.14 defective 13 Discrepancies .......................16 1.15 Drawings .......... ................. 13 3.4 Intent of Certain Terms.or Adjectives . 17 1.16 Effective Date of the Agreement ...... 13 35 Amending .Contract Documents ....... 17 ' 1.17 ENGINEER ..........................13 3.6 Supplementing Contract Documents 17 1.18 ENGINEER's Consultant ... .... ... 13 3.7 Reuse of Documents ....:....:........ 17 1.19 Field Order ........ .................. 13 4. AVAILABILITY OF LANDS; SUBSURFACE AND 1.20 General Requirements ......... 14 PHYSICAL CONDITIONS; REFERENCE POINTS. 17 1.21 Hazardous Waste .....................14 4.1 Availability of Lands ................ . 17 1.22 Laws and Regulations; Laws or 2 Subsurface and Physical Conditions ... 17 "'��"� '�'"��'�' 14 4. Regulations .... 4.; 4.2.1 Reports and Drawings .................17 I1.23 Liens.................................14 4.2.2 Limited Reliance by CONTRACTOR 1.24 Milestone ............... .. ... 14 Authorized; Technical Data .........IS 1.25 Notice of Award ............ ........ 14 4 2 3 Notice of Differing Subsurface or 1.26 Notice to Proceed ...... ........ ... 14 ' 1.27 OWNER ...... ... ... ........ ... 14 Physical Conditions RReview ............... 18 1.28 Partial Utilization ....................14 4.2.4 ENGINEER's ct .. 18 4.2.5 Possible Contract Documents Change 18 1.29 •PCBs ................... ........ ... 14 4 6 Possible Price and Times Adjustments . 18 ' 1.30 Petroleum ..... ...................... 14 4.3 Physical Conditions —Underground 1..31 Project .............................14 1.32 Radioactive Material 14 wor Indicated .. .. 18 1.33 Resident Project Representative ....... 14 4.3.1 Shown or nd11d.. .. ......... 19 1.34 Samples .......................... ... 14 43._ Not Shown Indicated .............. 19 1.35 Shop Drawings ....... 44 ReferenceAsbestos, Points .... leuni. Hazardous o .. 19 I. ................ 14 45 PCBs; Petroleum. Hazardous 1.36 Specifications ... ..................... 14 Waste or Radioactive Material ...... 19 1.37 Subcontractor ................ ....... 14 ' 1.38 Substantial Completion ............... 14 5. BONDS AND INSURANCE :....... ............ 20 1.39 Supplementary Conditions ............14 1.40 Supplier ........................... .. 14 5.3-5.2 Licensed FrformanSSureties eandt and Insurrers; Bonds . 20 1.41 Underground Facilities ......... ...... 14 5.3 f sur Insurers; ' 1.42 Unit Price Work ...................... 14 ACT R sILiability bnce I Insurance ... 20 1.43 Work ................................IS 5.4 CONTRACTOR'S Insurance 20 1.44 Work Change Directive 5.5 OWNER's Liability Insurance ........ 21 g ............... 15 5.6 Property Insurance ......................21 ' 1.45 Written Amendment ..................IS 5.7 Boiler and Machinery or Additional 2. PRELIMINARY MATTERS ................ ..... 15 Property Insurance ................. 21 2.1 Delivery. of Bonds 15 5.8 Notice of Cancellation Provisions ..... 21 2.2 Copies of Documents ...... _......... 15 5.9 CONTRACTOR's Responsibility for 2.3 Commencement of Contract Times: Deductible Amounts ................ 22 • Notice to Proceed ....................5 5.10 Other Special Insurance ............... 22 2.4 Starting the Work ......................15 5.11 Waiver of Rights ......:............... 22 I I J 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 .......... 23 6.1-6.2 Supervision and Superintendence ...... 23 ' 6.3-6.5 Labor, Materials and Equipment ...... .23 6.6 Progress Schedule .. 23 6.7 Substitutes and "Or -Equal" Items; •CONTRACTOR's Expense; ' Substitute Construction Methods or Procedures; ENGINEER's Evaluation ...........23 ' 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights 24 6..12 Patent Fees and Royalties ............. 25 6.13 Permits ............................... 25 ' 6.14 Laws and Regulations ... ........ . ... 25 6.15 Taxes ..................................25 6.16 Use of Premises ...................... 26 6.17 Site Cleanliness ....................... 26 6.18 Safe Structural Loading ............... 26 6.19 Record Documents ...................26 6.20 Safety and Protection ................. 26 6.21 Safety Representative ................. 26 ' 6.22 Hazard Communication Programs ..... 27 6.23 Emergencies .......................... 27 6.24 Shop Drawings and Samples .......... 27 ' 6.25 Submittal Procedures; CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal . 27 6.26 Shop Drawing & Sample Submittals ' Review by ENGINEER ............ 27 6.27 Responsibility for Variation From Contract Documents ................ 27 6.28 Related Work Performed Prior to ' ENGINEER's Review and Approval of Required Submittals 27 6.29 Continuing the Work .................. 28 ' 6.30 CONTRACTOR'S General Warranty and Guarantee 28 6.31-6.33 Indemnification .....................28 6.34 Survival of Obligations ................ 28 ' 7. OTHER WORK ............ ...................... 29 7.1.7.3 Related Work at Site .................. 29 7.4 Coordination I I H 8. OWNER'S RESPONSIBILITIES ................. 8.1 Communications to Contractor ........ 8.2 Replacement of ENGINEER .......... 8.3 Furnish Data and Pay Promptly When Due.......:........................ 8.4 Lands and Easements; Reports and Tests.............................. 8.5 Insurance ............................. 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 CONTRACPOR'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 ...6............ 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.Suret.y ................. I1. CHANGE OF CONTRACT PRICE .............. 11.1-11.3 Contract Price; Claim for Adjustment; Value.ofthe Work ................... 11.4 •Cost of the Work ...................... 11.5 Exclusions to.Cost .of the Work ........ 11.6 CONTRACTOR's Fee ................ 11.7 Cost Records ..............::::..:.... 11:8 Cash Allowances ..................... 11.9 Unit Price Work ...................... 12. CHANGE OF CONTRACT TIMES .............. 12.:1 Claim for Adjustment ................. 12.2 Time of the Essence .........::....... 12.3 Delays Beyond CONTRACTOR's Control ............................ 12.4 Delays Beyond OWNER's and CONTRACTOR's Control .......... 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......................................... 13.1 Notice of Defects ..................... 13.2 Access to the Work ................... 13.3 Tests and Inspections; Contractor's Cooperation .......................... 29 30 30 30 30 30 30 30 30 30 31 31 31 31 32 32 32 32 32 32 32 33 34 34 34 35 35 35 35 35 35 35 36 36 36 36 I 2 I I L Article or Paragraph Page Number & Title Number 13.4 OWNER's Responsibilities: Independent Testing Laboratory . . 13.5 CONTRACIOR's Responsibilities ...,. 13.6-13.7 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 CONTRACTOR's Warranty of Title ... :' 14.4-14.7 Review of Applications for Progress Payments ..... 14.8-14.9 Substantial Completion .... ....1 .111 .' 14.10 Partial Utilization ................... 14.11 Final Inspection 1 I I I. 36 36 36 36 36 37 37 37 37 37 38 38 38 39 39 39 Article or Paragraph Page 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 ........................ 17.2 Computation of Times ............... 17.3 Notice of Claim ..1....1....1....1..... 17.4 Cumulative Remedies ................. 17.5 Professional Fees and .Court Costs Included....... .............. .... EXHIBIT .GC -A .(Optional): Dispute Resolution Agreement (Optional) ......GC-A'l 16.11,6.6 Arbitration ...... ... ......... GC -AI 16.7 Mediation ......................GC -A2 m p 41 41 42 42 42 42 42 42 3 INDEX TO.GENERAL CONDITIONS I Article or Paragraph Number Article or Paragraph Number ' Acceptance of— Bidding Documents —definition of ................ 1.6 (6.8.2) Bonds and Insurance ........................... .... 5.14 Bidding Requirements —definitions of ...... 1.7 (I.I, 4.2.6.2) defective Work .......................10.4.1. 13.13, 13.15 Bonds — final payment.................................9.12. 14.15 acceptance of.......................................5:14 ' insurance ........................................... 5:14 additional bonds ...................10.5. 11.4.5.9 other Work, by CONTRACTOR ...................... 7.3 Cost of the Work..................................11.5.4 Substitutes and "Or -Equal" Items ..................6.7.1 definition of..........................................1.8 ' Work by OWNER ......... ...... 2.5, 6.30. 6.34 deliveryof.............:....................... 2.1, 5.1 Access to the— final application for payment .................14.12-14.14 Lands. OWNER and CONTRACTOR general ...............I.10, 5.1.5.3, 5.13, 9.13,10.5, 14.7.6 responsibilities.....................................4.1 performance, Payment and Other .................5.1-5.2 ' site, related work .............. ........... 7.2_ Bonds and Insurance —in general ...... .................. 5 Work....................................13.2. 13.2, 13.14. 14.9 Builder's risk "all risk" policy form ....................5.6.2 Acts or Omissions—. Acts and Omissions— Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15 CONTRACTOR .............. . .......... ...6:9.1, 9.13.3 Cash Allowances........................................11.8 ' ENGINEER .......................... ...... 6.20, 9 13.3 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, OWNER .................... .................. 6.2U. 8.9 14.8, 14.10 Addenda —definition of.talso see Certificates of Inspection ................ 9.13.4, 13.5, 14.12 • definition of Specifications) ........... (I :6, 1.10, 6.19) 1.1 Certificates of Insurance .. 2.7,.5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, Additional Property Insurances .. .. 5.7 . 5.14, 9.13,4, 14.12 Adjustments Change in Contract Price — Contract Price or Contract Cash Allowances....................................11.8 t Times .........1.5. 3.5. 4.1. 4 3.2, 4.5.2, 4.5.3. 9.4, 9.5. claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6:8.2, 10.2-10.4, I I. 12. 14.8. 15.1 9.4. 9.5. 9.11, 10.2. 10.5, 11.2, 13.9, 13.13, 13.14. 1.5.1, 15.5 progress schedule ........................ ........ .. 6.6 CONTRACTOR's fee 11.6 ................:.............. • Agreement— Cost of the Work definition of ............... .... .... ... .... ....... 1.2 general 11:4-11.7 All risk Insurance, policy form .. .... .... ... ....... 5.6.2 Exclusions to ....:........, .................. ...... 11.5 Allowances, Cash .......... ......... ............ ... 11:8 .Cost Records 11.7 ... .......1.19. ......11.1 ........... Amending Contract Documents ..................... ... 3 5 in general ...............1.19. 1.44, 9.1 I. 10.4.2. 10.4.3, 11 Amendment. Written— Lump Sum Pricing 11.3.2 in general .... 1.10. 1.45. 3.5. 5.10, 5.12, 6.6.2,6.8.2_. 6 19, Notification of Surety ............. �.... �............ 10.5 ' 10.1. 10.4. 11.2. 12.1. 13.12.'_, 14.7.'_ Scope of .................. .... 10.3-10.4 ....:....:....... Appeal.. OWNER or CONTRACTOR Testing and Inspection, Uncovering the Work ........ 13.9 intent to ...................... 9.10, 9.1 1. 10.4. 16 2, 16.5 Unit Price Work.......................................11.9 Application for Payment— Value of Work .......:. . :::....: .................. 11.3 ,definition of ... .............. .... ................. 1 .3 Change in Contract Times— ENGINEER's Responsibility . ...................... 9.9 Claim for times adjustment .... 4.1.4 2.6. 4.5, 5.15. 6.8.2, final payment ............ .... 9 13 4. 9.13.5. 14.12.14.15 9.4. 9.5, 9.11. 10.2, 10.5, 12.1. 13.9, 13.13; 'in general .......................2:8. 2.9. 5.6 4, 9.10, 15.5 13.14, 14.7, 15.1, 15.5 progress payment ..... ......... .... ... ..... 14.1. 14.7 Contractual time limits .............................12.2 review of ............. .:....... .... ... ..... 14.4-14.7 Delays beyond CONTRACTOR'.s control . 12.3 ........... Arbitration (Optional) ......... ................ _ . 16.1-16.6 Delays beyond OWNER's and CONTRACTOR's con - a. .........................:. .............. 12.4 claims pursuant thereto ....... ............... 4.5.2. 4.5.3 Notification of surety ............................... 1.0.5 CONTRACTOR authorized to stop Work .... ... . 4.5.2 Scope of change .......... 10.3-10.4 definition of ........:....... ..................... 1.4 Change Orders — OWNER responsibility for ......... .... .....4.5.1. 8.10 Acceptance of Defective Work .....................13.13 , possible price and times change ..... .... .... .. . 4.5.2 Amending Contract Documents ...................... 3.5 Authorized Variations in Work ........... 3.6. 6.25. 6.27. 9.5 Cash Allowances ......, .........:.................. 11.8 ., Availability of Lands ........................... . 4.1. 8.4 Change of Contract Price .............. ..........:... I I Award, Notice of —defined :................ ... ...... 1.25 Change of Contract Times .............................12 Before Starting Construction ........................ 2.5-2.8 Changes in .the Work ....... , .................:....:... 10 Rid —definition of ........:............ .... ........ .. 1.5 CONTRACTOR's fee ................................11.6 (II. 1.10. 2.3. 3.3. 4.2.6.4, 6.13. 11.4.3. 11.9.1) Cost of the Work .................................11.4-11.7 4 fl I I .1 I I. L C 1l C I Article or Paragraph Number Cost Records .... ..........:.. ... ............ . I I.7 definition of ......... .... ... ... ... ........ ..... 1.9 emergencies .. .... .... ... ..............:....:... 623 ENGINEER', responsibility .........9:X. 10 4, 112. 1.2.1 execution of .. .... ... .... .... ... .... ......... 10.4 Indemnification .. ... ... .. ... 6.12. 6 16.6.31. 6.33 Insurance. Bonds and .... .... ........ 5 I0. 5.13. 10.5 OWNER ma} terminate .... ........ ... 15.2-15.:4 OWNER's Responsihihtx ............ ... ... 8 6. 1:0.4 Physical Conditions - Subsurface and . ......... ... .. .... ....... .:... 4.2 Underground Facilities ... ............ .... ... 4.3.2 Record Documents ........ .... ............ .... 6.19 Scope of Change ........ ... .... ... ........ 10.3-1.0 4 Substitutes :.. .... .:.. ................. ....6.7.3.,::6:8.2 Unit Price Work .... .... .... ... ... .... ... ... 11.9 value of Work. coy cued h) .... .... ........ ... ...:11.3 Changes in the Work ..... .... .. ... ... ... ....... 10 Notification of surety ... ........ ................ 10.5 OWNER's and.CONTRACTOR's responsibilities ... 10.4 Right to an adjustment .... ... ... ... ....... 10.2 Scope of change . .. . . .... ............ .. 10.3-10.4 Claims - against CONTRACTOR . . ... ... .... ... ... .6.16 Against ENGINEER ........ ... ... . . ... ...... 6.32 against OWNER ...... .. ... ... ........ .6.3 2 Change of Contract Price .... . . .... ... ... 9.4. 11.2 Change of Contract Times .. ... .. .. . 9.4. 12.1 CONiRACTOR's4.'.I.94.95.9 II. 10'. 112. II 9. 1_.1. 14.8. 15 1. I5. 17.3 CONTRACIOR's Fee .. .. ... ........ ... 116 CONTRACTORS hahihts . ... 5.4. 6.1'_.6 16.6 31 Cost of the Work .. .... ... _.. ... li 4. 11 5 Decisions on Deputes ... ... ... .. 9 II. 9 12 •Depute Resolution .. .... ... ... ........ 16 I Dispute Resolution Agreement . ... ........ . 16.1-16.6 ENGINFFR as initial interpreter . . .... ... 9.11 Lump Sum Pricing .... ..... ... ... ::.. .. 11.3.2 Notice of ........ . . ... .... ... ... .. 17.3 OWNER', .... 94 9 ; 9 11. 1(1.2. 11.2. 11.9. 1'_.1. 11 11. 13.14. 17.3 ...139, OWNER s hahihn ... ... ... .... .. ... . 5.5 OWNER may refuse to make payment .... ... .... 14.7 Professional Fees and Court Costs Included . ........ I7 5 request for formal decision on .... ........ . . .... 9.11 Substitute items .. .... .... ... ................ 6.7 12 Time Extension .......... .... ... ........ .... ... 12_ I Time requirements .. ... ... .... .. - ... 9.11. 12:.1 L rut Price Work 11:9.3 Value of .... .... _ ... ........ ... .. 11.3 x%arver @1 -on Final Payment . ... ........ 14.14, 14.15 Work Change Directive .. . _ . . ........ ... . 10.2_ uruten notice required .... .... ... .... 9 II. 112. 12.1 Clarifications and Interpretations .... ... ... t:6.1.94.9 11 Clean Site . .... .......... .... .... ........ ........ 6.17 Codes of Technical Society. Organvation or Association ......... ................:.......... 3.3 3 Commencement of Contract Times Communications - Article or Paragraph Number general .........:.......................... 6.2, 6.9.2, 8.1 Hazard Communication Programs ................... 6.22 Completion - Final Application for Payment ...................... 14.12 Final Inspection ................... ............ 14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization.................................1 14.10 Substantial Completion .................. I :38, 14:8-14.9 Waiver of Claims .......... ........................ 14.15 Computation of Times ........................ 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others..............................6.8-6.11 Conferences — :initially acceptable schedules ............. ............. 2.9 preconstruction......................................2.8 Conflict, Error, Ambiguity. Discrepancy — .CONTRACTOR to Report ......................2.5, 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction Machinery, Equipment, etc . ............ 6.4 Continuing the Work ..............................6.29. 10.4 Contract Documents — Amending ... ............ .............. ........ 3.5 Bonds................................................ 5 I Cash Allowances .................. ................ 11.8 Change of Contract Price ............................. I I Change of Contract Times ............ ............... 12 Changes in the Work ..................:.......... 1.0.4-10.5 check and v.erify ..................... .............. 2.5 Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.11 definition of ........................................1.10 ENGINEER as initial interpreter of ..................9.11 ENGINEER as OWNER's representative ............ 9.1 general...:.....................:.........:........ .. 3 Insurance..............................................5.3 Intent ... .......................... ............. 3.1-3.4 minor variations in the Work ..........................3.6 OWNER's responsibility to furnish data ...............8.3 OWNER's responsibility to make 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 Unit Price Work......................................11.9 variations..................................3.6. 6-23,.6.27 Visits to Site. ENGINEER's ......................... 9.2 Contract Price — adjustment of .. ............. 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Change of ........................................... II Decision on Disputes ................................9.11 definition of..........................................1.11 .Contract Times — adjustment of ...................... 3.5. 4.1.9.4, 10.3, 12 Change of ............. ......................... 12.1-12.4 1 5 I I I I I C 1 Li I I I 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 ................................ 6.29,104 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 .....................13.1! Duty to Report — .Changes in the Work caused by Emergency.......................................623 Defects in Work of Others ...........................7.3 Differing conditions ........................ ..... 4.2.3 Discrepancy in Documents ........... 2.5. 3.3.2. 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies........................................6.23 Equipment and Machinery Rental. Cost of the Work....................................11.4.5.3 Fee —Cost -Plus ..................... 11.4.5.6. 11.5.1, 11.6 General Warranty and Guarantee .................. . 6.30 Hazard Communication Programs ...................6.22 indemnification ..... 6.12. 6.16. 6.31-6.33 .............. . Inspection of the Work ......................... 7.3. 13.4. Labor, Materials and Equipment ..................6.3-6.5 Laws and Regulations. Compliance by ............. 6.14.1 Liability Insurance ......... ....................... . 5.4 Notice of Intent to Appeal ..................... 9.10. 10.4 obligation to perform and complete the Work ...... . 6.30 Patent Fees and Royalties, paid for by .... .... ..... 6.12 Performance and Other Bonds .......................5.1 Permits. obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6. 2.8. 2.9, 6.6, 6.29, 10.4. 15.2.1 Request for formal decision on disputes ... ... ... .9.11 Responsibilities — Changes in the Work ...............................10.1 Concerning Subcontractors. Suppliers and Others . 6.8- 6.11 Continuing the Work ....................... 6 29. 10.4 CONTRACTOR's expense ........ ........ ..... 6.7.1 CONTRACTOR's General Warranty and Guaran- tee............ ........................ ......... 6._7 0 CONTRACTOR's review prior to Shop Drawing or Sam- ple submittal ........................... ......... 6.25 Coordination of Work ....................... ....:6.9 2. Emergencies.......................................623 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ........................ 6.7.3 Article or Paragraph Number For Acts and Omissions of .Others ......6.9.1-6.9.2, 9.13 for deductible amounts, insurance ...................5:9 general .................. .............. 6, 7.2, 7.3, 8.9 Hazardous Communication Programs ............. 6.22 Indemnification .:............................ 6.31-6.33 Labor, Materials and Equipment .......... ..... 6.3-6.5 Laws and Regulations ..............................6.14 Liability Insurance .. ........................ ..... 5.4 Notice of variation from Contract Documents ......6.27 Patent Fees and Royalties ........................... 6.12 Permits............................................6.13 Progress. Schedule .................................. 6.6 Record Documents ................................6.19 related Work performed prior to ENGINEER's approval of required submittals ...................6.28 safe structural loading ..:............ ............ 6.18 Safety and Protection ....................6.20, 7.2, 13.2 Safety Representative .......:..................... 6.21 Scheduling the Work ....... ................... 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review by ENGINEER.................................6.26 Site Cleanliness ....: .............:....:........... 6.17 Submittal Procedures ..... ....................... 6.25 Substitute Construction Methods and Procedures .....................................6.7.2 ................................. 6.7.2 Substitutes and ".Or -Equal" Items ....... ........ 6.7.1 Superintendence .......... ........................ 6.2 Supervision ............... ......... ...............6.1 Survival of Obligations .............................6.34 Taxes. ...........................................6.15 Tests and Inspections ............................13.5 ToReport ............................................2.5 Use of Premises . .. ............... 6 16-6.18,.6.30.2.4 Review Prior to Shop Drawing Dr 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 ........ ... 6:8-6.11 Supervision and Superintendence .. .... ....6.1, 6 2, 6.21 Taxes, Payment by....................................6.15 Use of Premises ... .............. .... .........6.16-6.18 Warranties and guarantees ............. .... ... .6.30, 6.5 Warranty of Title . ......... .... .:................ 14.3 Written Notice Required= CONTRACTOR stop Work or terminate ....... ... 15.5 Reports of Differing Subsurface and Physical Condi- tions... .......................................: 4.2.3 Substantial Completion ....:::.... ..............:. 14.8 CONTRACTORS —other .......... ................:..... 7 Contractual Liability Insurance ........................5.4.10 Contractual Time Limits .............................. 12.2 Coordination :' I I I Ii I F F 1 Article or Paragraph Number CONTRACTOR's responsibility .....................6.9.2 Copies of Documents ................................. 2.2 Correction Period .................................... 1.3.12 Correction, Removal or Acceptance of Defective Work in general .............................104.1, 13.10-13.14 Acceptance of Defective Work . ................... 13.13 Correction or Removal of Defective Work .....6.30. 13.11 Correction Period ....................... .......... 13.12 OWNER May Correct Defective Work ..............13.14 OWNER May Stop Work ..... ............. ...... 13.10 Cost — of Tests and Inspections ............................. 13.4 Records............................................ 11.7 Cost of the Work — Bonds and insurance, additional .......... ... . 11.4.5.9 Cash Discounts ................................... 11.4.2 CONTRACTOR's Fee ..... ..................... .. 11.6 Employee Expenses ......:............... ...... 11.4.5.1 Exclusions to.........................................11.5 .General ...................................... . 11.4-11.5 Home office and overhead expenses .......... ...... 11.5 Losses and damages ......... ................... 11.4.5.6 Materials and equipment ................... ...... 11.4.2 Minor expenses .......................... .... . 11.4.5.8 Payroll costs on changes .......................... 11.4.1 performed by Subcontractors ...... .... .......... 11.4.3 Records ......... ........................... ...... 11.7 Rentals of construction equipment and machinery . 11.4.5.3 Royalty payments, permits and license fees .... . 11.4.5.5 Site office and temporary facilities ......... ... . 11.4.5.2 Special Consultants, CONTRACTOR's . ........ . 11.4.4 Supplemental ................................... . 11.4.5 Taxes related to the Work ........................11.4.5.4 Tests and Inspection ................. .............. 13:4 Trade Discounts .............. .... .... ......... 11.4.2 Utilities, fuel and sanitary facilities ..... ......... 11.4.5.7 Work after regular hours .............:.. ........ 11.4.1 Covering Work ....................... ............ 13.6-13.7 Cumulative Remedies ..... ... .................. 17.417.5 Cutting, fitting and patching ......... .... ........ .... 7.2 Data, to be furnished by OWNER ........ .... ... .... 8.3 Day ---definition of ....... .... .... ................. 17.2.2 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 Penod .. .... in general ..................... ........... 13. 14.7, 14.11 Observation by ENGINEER ............. ........ .. 9.2 OWNER May Stop Work ...........:.............. 13.10 Prompt Notice of Defects ............................. 13.1 Rejecting.............. .... ... .... ............... 9.6 Uncovering the Work ................................13.8 Definitions ....... .... .... ............................. I Delays ....... ......... ............... 4•.1, 6.29, 12.3-12.4 Delivery of Bonds ..................................... 2.1 Delivery of certificates of insurance ......................2.7 Article or Paragraph Number Determinations for Unit Prices .........................9.10 Diffenng Subsurface or Physical Conditions Noticeof ...........................................4.2.3 ENGINEER's Review ..............................4.2.4 Possible Contract Documents Change ...............4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2..6.:14.2 Dispute Resolution— Agreement......................................16.1-16.6 Arbitration .......................... .... ...... 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 — Copiesof..............................................2.2 Record..............................................6.19 Reuse of .................................. .......... 3.7 Drawings --definition of ...............................1:15 Easements .......:....... ......................... ..... 4.1 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 ENGINEER's Consultant —definition of ................1.18 ENGINEER's— authority and responsibility, limitations on ........... 9.13 Authorized Variations in the Work .......: ..... ... 9.5 Change Orders, responsibility for .......... 9.7. 10, 11, 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 .OWN ER's Representative ............................9.! Payments to the CONTRACTOR. Responsibility for ..............................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 ................ 9.1-9.12 1 7 I I I II I -1 .i LI I I I I Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities ................................... 9.13 OWNER's Representative .......................... 9 1 Project Representative ............................. 9.3 Rejecting Defective Work .......................... 9.6 Shop Drawings, Change Orders and Payments....................................9.7-9.9 Visits to Site......................................9.2 Unit Price Determinations ............................9.10 Visits to Site.........................................9.2 Written consent required ..........................7.2. 9..1 Equipment, Labor, Materials and ...................6.3-&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 ..........................34.1.9.5 Final Application for Payment ........................ 14.12 Final Inspection ...................................... 14.11 Final Payment — and Acceptance ..............................14.13-34.14 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 I Guarantee of Work —by CONTRACTOR .......................... ... 6.30, 14.1_ Hazard Communication Programs Hazardous Waste — definition of ..................... .................. 1 21 general..............................................4.5 OWNER's responsibility for ..... .................. 8.10 Indemnification .........................6.12. 6.:1.6, 6.316.33 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 Beforestarting the Work .......... .................. 2.7 Bonds and —in general ............................ ... 5 Cancellation Provisions .............................. 5.8 Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13. 5.6.5, 5:8, 5 14, 9.13.4, 14:12 completed operations ................. . 5.4.13 CONTRACTOR's Liability .............................5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability .............................. 5.4.10' Article or Paragraph Number :deductible amounts, CONTRACTOR's responsibility :................................... 5.9 Final Application for Payment ...................... 14.12 Licensed Insurers ....................................5.3 Notice requirements, material changes....................................5.8, 10.50 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....................................511 Intent of Contract Documents ........................3.1-3.4 Interpretations and Clarifications ....................6.3., 9.4 Investigations of physical conditions .....................4.2 Labor. Materials and Equipment ......................6.3-&5 Lands — and Easements.......................................8.4 Availability. of....................................4.1.1 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.................................6.31433 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 .............6:86.11 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 ........................)4.12 definition of..........................................1.23 Waiver of Claims.......................................14.15 Limitations on ENGINEER's authority and responsibilities.....................................9.13 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2 Maintenance and Operating Manuals— FinalApplication for Payment .......................14.12 :Manuals (of others)— Precedence ................................:...... 3.3.3.1 :1 ri I Reference to in Contract Documents ................ 3.3.1 .' Materials and equipment - furnished by CONTRACTOR ...................... . 6.3 not incorporated in Work ..........:.. .............. 14.2 Materials or equipment -equivalent ..................... 6.7 ' Mediation (Optional).................................16.7 Milestones -definition of .............................. 1.24 Miscellaneous - Computation of Times ............ ............ .... 17 ' Cumulative Remedies ..............................174 Giving Notice ................... 17.1 Notice of Claim ................................. ... 17.3 ' Professional Fees and Court .Costs Included .......... 17.5 Multi -prime contracts .. . . 7 Not Shown or Indicated .... ........................ 4.32 Notice of - 'Acceptability of Project .......................... . 14.13 Award, definition of ............. .... .............. 1.25 Claim............................................. 17.3 Defects. .. ........ ........ .... ............. 13.1 1 r, Drffenng Subsurface or Physical Conditions ..........4.2.3 Giving..................................... ........ 17.1 Tests and Inspections .... .......................... 13.3 I Variation. Shop Drawing and Sample ... . ........ ... 6 27 Notice to Proceed - definition of ......... ......... ... :1.26 givingof ................................. .......... 2.3 ' Notification to Surety .......... .... . 10.5 Observations, by ENGINEER .............. 6.30. 9.2 Occupancy of the Work ................ 5.15, 6 30.2.4, 14.10 Omissions or acts by CONTRACTOR .... ........ 6 9, 9.13 "Open peril" policy form. Insurance ...... ........ ..:5.6.2 Option to Replace . .... .... ... .... ................5.14 "Or Equal" Items .. .... ........ ... ........ ....... 6.7 Other work ............... ... ........ 7 Overtime Work -prohibition of .... .. 6.3 OWN ER - Acceptance of defective Work ....... ........ ..... 13.13 ' appoint an ENGINEER as fiduciary .. _.................. ........ 5.2 5.12_-5.I3 Availability of Lands, responsibility ...... ............ 4.1 definition of ......... ............. ........ ....... 1.27 ' data, furnish . ......... ............................. 8.3 May Correct Defective Work .........................13.14 13.14 May refuse to make payment .... ................. . 14.7 , May Stop the Work................................3.10 may suspend work, terminate ................. 8.8, 13.10. 15.1-15.4 Payment, make prompt ...................8.3. ......... ....... 8.3. 14.4, 14.13 ' performance of other Work ............................7.1 permits and licenses. requirements .................. 6.13 purchased insurance requirements .................6-5.10 OWNER's- Acceptance of the Work ......................... 6 30.2.5 Change Orders..obligation to execute .............. .... ................ 8.6.:1.0.4 Communications .. ........ - 8.1 Coordination of the Work .. . 7.4 Disputes, request for decision ........................9:11 Article or Paragraph Number Article or Paragraph Number Inspections, tests and approvals ..................8.7. 13.4 Liability Insurance.............................5.5 Notice of Defects.................................13.1 Representative -During Construction, ENGINEER's Status ............................ 9.1 Responsibilities - Asbestos, PCB's, Petroleum, Hazardous Waste on Radioactive Material ...................8.10 Change Orders .....................................8.6 Changes in the Work................................1.0.) communications...............................8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements .................8.11 inspections, tests and approvals .....................Li Insurance .................... ..................... 8.5 lands and easements ..............................8.4 prompt payment by ................................ 8.3 replacement. of ENGINEER ......... ...:......... 8.2 reports and tests.............................8.4 stop or suspend Work ...................8.8. 13.10, 15.1 terminate .CONTRACTOR'S services ..........:8.8. 15.2 separate representative at site ......:................. 9.3 independent testing ................................. 13.4 .use or occupancy of the Work................................5.15, 14.10 written consent or approval required ............................... 9.1.. 6.3, 11.4 written notice required .... .....7.1.9.4, 9.11. 11.2, 11.9, 14.7, 15.4 PCBs - definition of .....................................:. 1.29 general ....................................4.5 .OWNER's responsibility for ................ ....... 8.10 Partial Utilization - definition of................................1.28 general.................................6.30.2.4. 14.10 Property Insurance ....................... . 5.15 Patent Fees and Royalties ..............................6.12 Payment Bonds ........................................5,1-5.2 Payments. Recommendation of ............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion - Application for Progress Payments ...................14.2 CONTRACTOR's Warranty of Title ..................14.3 Final Application for Payment ........................14.12 Final Inspection ..................... ............. 14.11 Final Payment and Acceptance ................14.13-14.14 general.....................................8.3. 14 Partial Utilization.....................................14.10 Retainage........................................... I4.2 Review. of Applications for Progress Payments..................................14.4-14.7 prompt payment......................................8.3 Schedule of Values..................................14.1 Substantial Completion ..........................14814.9 Waiver of Claims.................................14.15 when payments due .......................... 14.4, 14.13 withholding payment ................................ 14.7 Performance Bonds ................................. 5.1-5.2 Permits........................6.13 4 I I H I I I H I I I I Article or Paragraph Number Petroleum — definition of........................................1.30 general..............................................4.5 OWNER's responsibility for ........................8.10 Physical Conditions — Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's review .............................. 4.2:4 existing structures..................................4.2.2 general...........................................4.2.1.2 Subsurface and.......................................4.2 Underground Facilities .................. .. 4.3 Possible Contract Documents Change ................'4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings ..............................4.2.1 Notice of Differing Subsurface or. ...... ............. 4.2.3 Subsurface and......................................4.2 Subsurface Conditions ............................ 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................4.2.2 Underground Facilities — general...................................... ... 4:3• Not Shown or Indicated ....................... 4.3.2 Protection of ............................... 4.3..6.20 Shown or Indicated ....................... .... 4.3.1 Technical Data.....................................4.2.2 Preconstruction Conference ..... .. ....... ........... . 2.8 PreliminaryMatters................................. . ... 2 Preliminary Schedules .................... ............. 2.6 Premises, Use of.................................6.1.6-6.18 Price. Change of Contract .. ............................ 1 I 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 ........... .... ......................... 5.6-5.10 Partial Utilization ........................... 5.15. 14.10.2 receipt and application of proceeds ....... .............. ... ....... 5.12-5.13 Protection, Safety and ................ ...... 6.20-621 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. 1.4.5, 14.13 Record Documents ........... .... ............ .6.19. 14.12 Records, procedures for maintaining .....:: ............ 2:8 Reference Points ..................... ................. 4.4 Reference to Standards and Specifications of Technical Societies .............. ........ ........ 3.3 Article or Paragraph Number 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 WorkS....................................13.11 ...................................: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........................................133 provision for ............. .......................:..... 9.3 Resident Superintendent. CONTRACTOR's ..............6.2 Responsibilities— CONTRACTOR's-in general ......... .................. 6 ENGIN EER'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 ..... ... .............................. 6.206.23 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 .. ...................::. .... 1.0.3-10.4 Subsurface Conditions ..................... ........ 4.2.1.1 10 El I I L L L I I I H I I. L' I I Article or Paragraph Number Shop Drawings and Samples, general ...........................:6.24-6.28 Change Orders & Applications for Payments, and ................................9.7-9:9 definition of........................................1.35 ENGINEER's approval of .........................36.2 ENGINEER's responsibility for review ...................... ........ 9.7, 6 24-6.28 related Work .........................................6.28 review procedures ................. ....... 2.8,.6.24-6.28 submittal required ..................................6.24.1 Submittal Procedures ...............................6.25 use to approve substitutions .........................6.713 Shown or Indicated ...................................4/3.j Site Access.......................................7.2. 13.2 Site Cleanliness.......................................6.17 Site, Visits to — by ENGINEER.................................9.2. 13.2 by others ............................................13.2 "Special causes of loss" policy form. insurance ....... 5.6.2 Specifications — definition of ........................................ 1.36 of'Technical Societies, reference to ............. ... 3.3.1 precedence........................................3.3.3 Standards and Specifications of Technical Societies .......................................... 3 3 Starting Construction. Before .. ................. .. 2.5-2.8 Starting the Work ................. Stop or Suspend Work — by CONTRACTOR ................................. 15.5 :by OWNER ...................... ... .. 8.8. 13.10. 15.1 Storage of materials and equipment ................. 4.1. 7.2 Structural Loading, Safety ........ ........ ........... 6.18 Subcontractor — Concerning ................. .... ........ ...... 6.8-6.11 definition of ................................. ...... 1.37 .delays ................ .... ..........:............. 12.3 waiver of rights .......................... .......... 6.11 Subcontractors —in general ........................6.8-6.11 Subcontracts —required provisions ... ... 5 II. 6.11. 11:4.3 Submittals — Applications for Payment ........ ............ ..... 14.2 Maintenance and Operation Manuals .............. 14.12 Procedures...........................................6.25 Progress Schedules ..................... ........ 2.6. 2.9 Samples ...:...................... ... ........ 6 24-6.28 Schedule of Values .............................26, 14 1 Schedule of Shop Drawings and Samples Submissions .................... 2.6, 2:8-2.9 Shop Drawings .................................6.24-6.2 Substantial Completion — certification of ...................... . 6.30.2.3. 14:8-14.9 definition of .......... ........ .................... 1.3 Substitute Construction Methods or Procedures ..:.... 6.7. Substitutes and "Or Equal" Items ........................ 6. CONTRACTOR's Expense ...................... 6.7.1.3 ENGINEER's Evaluation ... ........ ............. 6.7. "Or -Equal'' ........................................6:7.1 Substitute Construction Methods of Procedures .....6.7: Article or 8 8 2 7 3 3 I Paragraph Number .Substitute Items ................ .................. 6.7.1.2 Subsurface and Physical Conditions — Drawings of, in or:relating to ... ... .... ........ 4.2.1.2 ENGINEER's Review.................:........... 4.2.4 general.................. ..........................: 4.2 Limited Reliance by CONTRACTOR Authorized .................:.........:....... 4.2.2 Notice of Differing Subsurface or Physical Conditions ......:.......................... 4.2.3 Physical Conditions.................................4.2.1.2 Possible Contract Documents Change ................. 4.2.5 Possible Price and Times Adjustments ................4.2.6 Reports and Drawings ...........:........:............ 4.2.1 .Subsurface and.......................................4.2 Subsurface Conditions at the Site .................4.2.1.1 Technical Data .................. .................. 4.2.2 Supervision— CONTRACTOR's responsibility , ..................... 6.1 OWNER shall not supervise ..................... .. 8.9 ENGINEER shall not supervise ............... 9.2_, 9.13.2 Superintendence ........... ........................ .. 6.2 Superintendent, CONTRACTOR's resident ... .... .. 6.2 Supplemental costs .................................. 11.4.5 Supplementary Conditions — definition of ............ ........ ...........:.....: 1.39 principal reference to .... 1.10, 1.18. 2.2. 2.7. 4.2. 4.3, 5.1. 5.3. 5.4, 5.6-5.9. 5.11, 6.8, 6.13. 7.4. 8.11. 9.3. 9.10 Supplementing Contract Documents ....... ............ 3.6 Supplier — definition of .........:.............................: 1:40 principal references to ...... ............ 3.7, 6.5, 6.8-6.11. 6.20. 6.21, 9.13. 14.12 Waiver of Rights ... ............................... 6.11 Surety — consent to final payment ..........:.......... 14.12. 14.14 ENGINEER has no duty to ........ ................ 9.13 Notification of ........................... 10.1. 1.0.5. 15.2 qualification of ...........:.. ...............:.... 5.1-5.3 Survival of Obligations ..........:.................. _ . 6.34 Suspend Work, OWNER May .................. 13.10. 15.1 Suspension of Work and Termination— ...:.............. 15 CONTRACTOR May Stop Work or Terminate.........................................15.5 OWNER May Suspend Work .................. .... 15.1 OWNER May Terminate .....................:. 15._-:15.4 Taxes -Payment by CONTRACTOR ......................615 Technical Data — Limited Reliance by CONTRACTOR ................4.2.2 Possible Price and Times Adjustments ..............4.2.6 Reports of Differing Subsurface and Physical Conditions ..............................4.2.3 Temporary construction facilities ........................ 4. I Termination - b.yCONTRACTOR................................. 15.5' by OWNER ...............................8.8. 15.1-15.4 of ENGINEER's employment ..........................8.2 Suspension of Work-in general ........................IS Terms and Adjectives .........:.... ..................... 3.4 2 Tests and Inspections .1 C I I L I Article or Paragraph Number Access to the Work, by others ......................13:2 CONTRACTOR's responsibilities .................... 13.5 costof..............................................1-3.4 covering Work prior to .........................13643.7 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 .....................9k timely notice required ............................... 13:4 Uncovering the Work, at ENGINEER's request....................................13.8-139 Times — Adjusting.............. ............................. 6.6 Change of Contract...................................I? Adjusting............................................6.6 Computation of......................................17.2 Contract Times —definition of ....................... 1.12 day................................................17.72 Milestones ........................................... 12 Requirements— appeals..........................................16 clarifications, claims and disputes ............................. 9.11. 11.2. 12 commencement of contract times ................... 2.3 preconstruction conference ......................... 2.8 schedules..................................2.6, 2.9. 6.6 ' starting the Work..................................2.4 Title, Warranty of.....................................14.3 Uncovering Work................................13.8-13,9 Underground Facilities, Physical Conditions— ' definition of........................................1.41 Not Shown or Indicated ...... .. .. 4:3.2 protection of ..............:.........:.. ....... 4.3.6.20 ' Shown or Indicated ...............................4.3.1 Unit Price Work — claims ............. .. 11.9.3 definition of ...... . 1.42 ' general ......................... ........ 11.9. 14.1, 14.5 Unit Prices— general...........................................113.1 Determination for ......................... ......... 9.10 ' Use of Premises ..........................616. 6.18. 6.30.2.4 Utility owners .......................6-13. 6 20. 7.1-7.3, 13.2 I I Article or Paragraph Number Utilization. Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10 Value of the Work.....................................11.3 Values, Schedule of ....................... 2.6, 2.8-2.9. 14.1 Variations in Work —Minor Authorized................................6.25, 6.27, 9.5 Visits of Site —by ENGINEER ......................... 9.2 Waiver of Claims -on Final Payment.........................................:.14.15 Waiver of Rights by insured parties ................5.11, 6.11 Warranty and .Guarantee. General —by CONTRACTOR ......................:..............6.30 Warranty.of Title. CONTRACTOR's ................... 14.3 Work — Accessto................4.....................:.... 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 other Work............................................7 OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work .............. .. 13.10. 15.1 Related, Work at Site .............................7.17.3 Starting the..........................................2.4 Stopping by CONTRACTOR ........................ 15.5 Stopping by OWNER ..........................15.1-1.5.4 Variation and deviation authorized, minor...........................................3.6 Work Change Directive — claims pursuant to...................................10.2 definition of ........................................ 1.44 principal references to .................... 3.5.3, 10.1-1.0.2 Written Amendment — definition of.........................................1.45 principal references to.... 1.1.0, 3.5, 5.10. 5,12, 6.6.2, 6.8.2. 6.19. 10.1; 10.4, 11.2, 12.1, 13.1.2:2, 14.7.2 Written Clarifications and Interpretations ......................:.... 3.6.3. 9.4, 9.11 Written Notice Required — by CONTRACTOR ........ 1.1. 9.10-9.11, 10.4.. 11.2. 12.1 by OWNER ...............:....0.10-9.11, 10.4. 11.2. 13.14 I .1 I I L I I I .1 El I I I I I GENERAL C0NDITI0N.S ARTICLE I —DEFINITIONS Additions SC 1 Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I.I. Addenda—Wntten or graphic instruments issued prior to the opening of Bids which clanfy, 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. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing 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 pnces for the Work to be performed. 1.6. Bidding Documents —The advertisement. or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid, instructions to bidders. and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recomntended:by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition.. deletion or revision in the Work., or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement. Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice .of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree- ment, together with all Written Amendments, Change Orders. Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and.6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. III. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the .Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRAC7i7R—The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —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- NEER'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. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed .and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firmor.corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- Canon having a.contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a. change in the Contract Price or the Contract Times. 1 13 II I I I I I I I I I I I I I I 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. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the.Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authorit . 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. I A2 Unit Price Work —Work. to be paid for on the basis of unit prices. I 14 I I I I I I L I I I I I 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction•, and performing or furnishing services and furnishing docu- ments. all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 orto emergencies under paragraph :6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR .on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. ARTICLE 2 —PRELIMINARY MATTERS Delivery of Pont 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: Addition see SC2.2 2.2. OWNER shall furnish to CONTRACTOR up Co ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of (he Work Additional copies will be furnished, upon request. at the cost of reproduction. Commencement of Contract Times; Notice to Proceed: 2.3. The Contract. Times will commence to run .on the thirti- eth day after the Effective Date of the Agreement. or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the 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 Work: 2.4, CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown .thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates): for starting and completing the vanous stages of the Work, including any Milestones specified in the Contract Documents: 2.6.2.. a preliminary schedule.of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal; '_.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the. basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR .and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary.Condi- tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4. 5.6 and 5.7. Addition see SC 2. 7 Preconstrucdon Conference: 2.8. Within twenty days after the Contract Times start to min, but before any Work at the site is started, a conference 15 1 I I I I 1 I I II Ii 0 II II a II attended by CONTRACTOR. ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling. Shop Drawings and other submittals, processing Applications' for Payment and maintaining required records. initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR. ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections. and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR'sfull 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 latent. 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- IG cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference tostandards,: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 I the provisions of any such standard. speci- fication. manual, code or instruction twhether or not specifically incorporated by reference in the Contract Documents); or 3.?.3.?. 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 an. such standard, specification. manual. code or instruction shall be effective to.change the duties and responsibildiesofOWNER, CONTRACTORor ENGINEER. or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective'to assign to OWNER. ENGINEER or any of ENGINEER's Consultants, agents or.employees any duty or authority to supervise or .direct the furnishing or u I .1 I .1 I Ill U: 0 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 [o the Work, it is intended that such requirement, direction, review orjudgment will be solely to evaluate, in general, the completed Work for .compliance with the requirements of and information :in the Contract Documents and conformance with the design concept of the .completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for.additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment. 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized. in one or more of the following ways: 3.6.1.. a Field Order (pursuant to paragraph 9.5). I 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27). or I 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i•) shall not have or acquire any title to or ownership rights in any of the Drawings. Specifications or other documents (or copies of any thereof) prepared by.or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4:1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way.and easements for access thereto. and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request. OWNER shall furnish CON- TRACTOR with a correct :statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing 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 II and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage .of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports.of explo- rations and tests of subsurface conditions at.or contiguous to .the site that have been utilized by ENGI.NEER.in preparing the Contract Documents;.and 4.2.1.2. Physical.Condirions: Those drawings.of.physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized. by ENGINEER in prepar- ing the Contract Documents. I Ll I .1 I I I I I I 1 I I J Li 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 meetany 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 ContractDocuments 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 Cr becoming bound under a negotiated contract; or 4.2.6.4.2the 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 maybe 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 projector 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 18 I L I I 1 1 I I I I I information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others.. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data: and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for. (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents..(iii) coordination of the Work with the owners of such Underground Facilities dunng.construction, and (iv) the safety and protection of all such .Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at.or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith .(except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the .existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required. a Work Change Directive or a Change Order will he issued as provided in Article 10 to reflect and document such conse- quences. During such time. CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall he al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated If OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount .or length of any such adjustment in Contract Price or Contract Times. CONTRACTOR may make a claim therefor as provided in Articles ii and 12. However. OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs. losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project.. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which In ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of .the Work and which may present a substantial danger to persons or property exposed thereto :in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR. Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- mg.the necessity for OWNER to retain:A qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not.be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or Cii) specifying any special conditions under which such Work may be resumed safely. If OWNER andCONTRACTO.R cannot agree as to entitlement to or the amount or extent of an adjustment. if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work :is agreed by CON- TRACTOR to be resumed. either party may make a claim therefor as provided in Articles II and 12. 4.5.3. If after receipt of such special written .notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any. in Contract Price or Contract Times as a result of deleting such portion of the Work. then either party may make a claim .therefor as provided in Articles II and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent. permitted by Laws and Reg- ulations. OWNER shall indemnify and hold harmlessCON- TR.ACTOR. Subcontractors. ENGINEER. ENGINEER's ' 19 I El I. I I I I I I 1 1 I Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5 —BONDS AND INSURANCE 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 of Government Financial Opera- tions, G.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 orits 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 OWN ER.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 3.3.2. 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 anse 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 workerscompensation. disability benefits and other similar employee .benefit acts; 54.:. 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: (il by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) h. 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. 20 I I I I 1 I I The policies of insurance so required by this paragraph 5:4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of.profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in .the Supple= mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs .6.12, 6.1.6 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 least thirty days prior wntten 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); 5.4.12. remain iin effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance with paragraph 13.12: and 5.4.13. with respect to completed operations insurance. and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). Addition see Sc 5.4.14 OWNER's Liability Insurance: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER .against claims which may arise from operations under the Contract Documents. Replacement see SC 5.5 Property Insurance: 5.6. Unless otherwise provided in the Supplementary. Con- ditions, OWNER shall purchase and maintain property insur- ance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER. ENGINEER's Con- sultants 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; 5.6.2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, 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 specifically required by .the Supplementary 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 .(and 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 5:11. Replacement see Sc 5.6 ' 21 L I 1 1 1 1 I n it I I I 1 1 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 5.1.0. 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 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, ENGIN EER's Con- sultants and the officers, directors, employees and agents of any of them. Receipt and Application of Insurance Proceeds Delete 5.12 5.12. Any insured loss under the policies of insurance required b.y 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 ,2 1 I I I I I I 11 I F L required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy maybe accomplished in accordance with paragraph 14.10: provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall super ise. inspect and direct the Work competently and etfrciently..devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall he solely responsible for the means, methods. techniques. sequences and procedures of construction. but CONTRACTOR shall not he responsible for the negligence of others in the design or specification of a specific means, method, technique. sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall he responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times .during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTORS representative at the site and shall have authonty to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent. suitably qual- ified personnel to survey. lay out arid construct the Work as required by the Contract Documents CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of personsor the Work or property at the site or adjacent thereto. and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday. Sunday or any legal holiday without OWNER's written consent given after pnor written :notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation. con- struction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone. water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing. start-up and comple- tion.of the Work. 6.5. All materials and .equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit ofOWN W N ER. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected.. erected. used, cleaned and conditioned in accordance with instructions of the applicable Supplier. except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to.the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 66.1. CONTRACTOR shall submit to ENGINEER for acceptance Ito the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times for Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. Addition see SC 6.6 6.7. Substdates and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract. Documents by using. .the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required..Unless the specification or description contains or is followed by words reading that no like, equivalent or or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 23 n Li I nI I I I IJL I I C El 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or.equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may. in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If .in ENGINEER's sole discretion an item of material or equipment :proposed by •CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will .not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR .wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any.. 10 which the evaluation and acceptance of the proposed substitute will prejudice C ON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of.the substitute foruse in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. .6.7.2. Substitute Construction Methods or Procedures lf.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. Engineers 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 68.2). 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 Ike princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions. OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such 24 I I 1 11 L_. I I I substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNiER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors. Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's o.wn acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization. nor shall it create any obligation on the part .of OWNER or ENGI- NEER to pay or to see to the payment of any moneys.due any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be :required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and .coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors. Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will he pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to .the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor.or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5 7. the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER. CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of .the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRACTOR will obtain the same. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roval- .ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process. product or device which is the subject of patent rights or copyrights held by others. If a particular :invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights .or copyrights calling for the payment of any license fee or royalty to othersthe existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the officers,.directors, employees, agents and other consultants of each and any of them from and against all claims, costs. losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention,. design, process, product or device not specified in the Contract Documents. Permits: .6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations. neitherOWNER WN ER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs. losses and damages caused by, arising out of or resulting therefrom; however. it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations. but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. 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 F1 25 L L L L L I .1 Li I I H I I I the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to .the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made :by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER. ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims. costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or.occupant against OWNER. ENGINEER orany other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work 6.17. During the progress .of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the •structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Written Amendments, Change Orders, Work Change Direc- tives. Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents. Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6:20.1. all persons on the Work site or who may be affected by the Work: 6.20.2_. all the Work and materials .and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways. structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction forsafety 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: 6:2.1. .CONTRACTOR shall.designate a qualified and expe- rienced safety representative at .the site whose duties and 26 I L I� J I L I 1 I 1 i I responsibilities shall be the prevention of accidents and'The maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for.coor.d nating 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 df persons or the Work or property at the site or adjacent thereto, CONTRACTOR. without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples.: 6.24.:1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions. specified performance and design criteria, materials and similar data to show ENGINEER the maten- 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. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments, materials..catalog numbers and similar information with respect thereto, 6.25.1.2. .all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect .to CONTRACTOR'S review :and approval of that submittal. 6.253. At the time of each submission. CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal: and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to :ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will. after: installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means. methods, techniques, sequences or procedures of construction (except where a particular means, method, technique. se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions, CONTRACTOR shall make corrections required by ENGINEER, .and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. EN.GINEER'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 1 27 I L. C J I fl I .i I I. 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 wntten 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. COATR4C7OR'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 :6.30.28. any correction.of defective Work by OWNER. Addition — See SC 6.30.3 fndemnifuadon: :b:31. To the fullest ex znt 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.bodil.y injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including .the loss of use resulting therefrom, and (ii) is caused in whole .or in part by any negligent act or omission of•CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any.of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective. consultants, agents, officers, directors or employees by any employee (or the survivor.or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages. compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' .compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Ob' igations: .6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with I. M I C L I. GI I I I I I :1 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 Additions see SC 7.5 Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these. or have other work performed by utility owners. lithe fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles II and 12 if CONTRACTOR believes that such performance will involve additional expense 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. shall do all cutting, fitting and .patching.of the Work.that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting. excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other.contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct. contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work. as fit and proper for integration with CONTRACTOR's Work except for1atent or nonapparent defects and deficiencies in such other work. Coordination: 7:4. If OWNER contracts with others for the performance of other work.on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person. firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized: and 1.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. 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 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 1.4.13. 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 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 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 nght to stop Work or suspend Work; see paragraphs 13.10 and 15.1. Paragraph 15.2 'deals with OWNER's right to terminate services of CON- TRACTOR under.certain circumstances. ,q 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 financialarrange- 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 will be OWNER's representative dunng 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. I L 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.expenenced 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 dunng such visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine, in general. tithe 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 deteeni e 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. 1f OWNER and E'NGI'NEER 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. Clarifications 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 he .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 .Mork; 9.5 ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do nor 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 he 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 wnuen claim therefor as provided in Article 'I I or I'. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be.:defective..or I 30 C I I I I I I I I I H I I that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special mspec- tion or testing of the Work as provided in paragraph 13..9. whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER'S authority as to Shop Drawings and Samples. see paragraphs 6.24 through:6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10. II. and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Deternunations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and .classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEERS written decision thereon will he final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision. either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and ii) an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A. "Dispute Resolution Agreement.' entered into between OWNER and CONTRACTOR pursuant to Article 16. or (i0 if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party ma} have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal w ill not he subject to the procedures of paragraph 9..11. Decisions on Disputes: 9.11. ENGINEER will he the initial interpreter .of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the Contract Price or Contract Times will he referred initially to ENGINEER in writing with a request for.a formal decision in accordance with this paragraph. Written notice of each such .claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party lo the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event .unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimants last submittal (unless ENGINEER allows additional lime). ENGINEER. will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER .and CONTRACTOR unless: (i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Reso- lution Agreement.' entered into -between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER'S written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9 12 When functioning as interpreter and judge under paragraphs 9.10 and 9.11:. ENGIN EER will not show partiality to .OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or.other matter (except any which have been .waked by the making or acceptance of final payment as provided in paragraph 14.151 will be a condition precedent 'to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of an v such claim. dispute or other matter pursuant to Article 16. 9.13. Limiralons on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this ,Article 9 or under any other provision of the Contract Documents nor any decision made by 'ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise -or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor. any Supplier, any .other person or organization, or to any surety for or em- ployee or agent of any .of them. I 7:1 I I I I I I C C I 1 I I I I 17 H 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 ofinspection. 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 responsihility 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. 1O.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: 1.0.4.1. 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 9.1 I:; 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 I l —CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertakenhy 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 ha 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 occurrenceor 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 supportof the claim) and shall be accompanied by claimant's written statement that the adjustment clarmed.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 32 I :0 I I I I L 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 the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the 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 in paragraph 11.6). I Cost.of.the Work: I I l 1 I I 11.4. The term Cost of the Work means the sum.of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the locality of .the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules oftob classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to. salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise andpayroll 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 subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will .then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides:that the. Subcontractor is to be paid on the basis of Cost of the Work Plus afee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provision;; of the Contract Documents insofar as applicable. 11.4.4. 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. I I.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11..4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which .are con- sumed in the performance of the Work, .and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or othersin 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 II 0 a I 1 r I I I I C L 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). I15.5. 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. II ,& 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 1 1.4.1 and 11.4.2. the CONTRACTOR's fee shall be fifteen percent; 11.62.2 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 her 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 cast 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 II 6.2.1 through 116.2.5, 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. 34 I I I C I .1 I I L .I I 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled .workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time.to time pursuant to paragraph 6.6i: 15.2.2. if CONTRACTOR disregards Laws .or Regula- tions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise 'violates in any sub- stantial way any provisions of the Contract Documents: OWNER may, after giving CONTRACTOR (and the surety. if any,) seven days' written notice and to the extent permit- ted by Laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs. losses and damages sustained by OWNER arising .out .of or resulting from completing the Work such excess will he paid to CONTRACTOR. If such claims, costs. losses and .dam- ages exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such claims, costs. losses and damages incurred by OWNER will be reviewed.b.y ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order. provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price .for the Work performed. 15.3. Where CONTRACTOR'S services have been so ter- minated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER. OWNER may. without cause and without prejudice to any other right .or remedy of OWNER. elect to terminate the Agreement. In such case. CONTRACTOR shall be paid (without duplication of any items): 15.4.1for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination. including fair and reasonable sums for overhead and profit on such Work: 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred settlement of terminated contracts with Subcontractors. Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other .economic loss arising out.of:or resulting from such termination. CONTRACTOR May Stop Work or Tekminate a 15.5. If. through no act or fault. of CONTRACTOR. the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy. if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven day's wntten notice to OWNER and ENGI- NEER stop .the Work until payment.of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable .to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16 —DISPUTE RESOLUTION If and to the.extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement. such dispute resolution method and procedure, if:any,:shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement." to be attached hereto and made.a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs .10_ 9.11, and 9.!Z.. OWNER and CONTRACTOR may exercise I 41 1 I Li I I I I such rights or remedies aseither may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 —MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or .certified mail, postage prepaid, to the last business address known to the giver of the notice. .Computation of Times: 17.2.1. When any period of time is referred to in the .Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such .day will be omitted from the computation. act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage.. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of Any applicable statute of limitations or repose Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16. 6.30. 6.31. 6.32. 13.1, 13:f2, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to. and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty. obligation, right and remedy to which they apply. 17.2.2. A calendar day of twenty-four hours measured Professional Fees and Court Costs Included: from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because.of any error, omission or 17.5. Whenever reference is made to "claims, costs, losses and damages" it shall include in.each case, but not be limited to. all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. [The remainder of this page was left blank intentionalls.] I 42 I SUPPLEMENT TO THE GENERAL CONDITIONS The following Supplementary Conditions amend .or supplement the Standard General Conditions of the Construction Contract .(EJCDC No. 1910-8, 1990 Edition) .and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ' SC -1 Definitions and Abbreviations: In addition to the provisions of Article 1, the following supplemental definitions apply: .' "Owner" shall mean the City of Fayetteville, Arkansas, acting thorough its duly authorized representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701. :I "Engineer" shall mean the City of Fayetteville Engineering Division (telephone 501-575-8206). Note "OWNER", "ENGINEER" and "OWNER and ENGINEER" may be used interchangeably. ' "Resident Project Representative" shall be the authorized 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 mean, collectively, all of the drawings pertaining to the contract and made a part thereof, and also such supplementary drawings as the Engineer may issue from time to time in order to clarify the drawings, or for the purpose of showing changes in the work as authorized under the section "Modifications and Alterations," or for the showing of details which are not shown thereon. ' "Grade" as used in these specifications shall mean and indicate the established .elevations of the paving, flow lines of 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 Administration, U.S. Government NHBA - National Builders Hardware Association NEC - National Electric Code NEMA - National Electric Manufactures Association Supplement. to the General Conditions page 1 .1 . NFPA - National Fire Protection Association • NPT - National Pipe thread SBC - Standard Building Code (also SSBC) SPA Southern Products Association ' UL _ Underwriters Laboratories A - Ampere I. 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 I I I 1 I 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 Conditions 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 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 policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. I Supplement to the General Conditions .page•2 I I I C I .1 I I II U SC5.1.2 Additional information. The Contractor shall provide the bonds as described in these sections within ten (10) days after the receipt of the NOTICE OF AWARD. For contracts in excess of $100,000.00 the bonds shall be issued by a bonding company listed by the A.M. BEST Rating Book as follows: (1) contracts in excess of $100,000.00, but less than $1,000,000.00 - "B+" rating or higher and contract amount may not exceed 2.0% of the policyholder's surplus. (2) contracts in excess of $1,000,000.00 - rating or higher and contracts may not exceed 2.0% of the policyholder's surplus. The expense of all bonds shall be borne 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 bond is declared bankrupt or loses its right to do business in the State of Arkansas or is removed from the above list of surety companies, the CONTRACTOR shall within ten (10) days after notice from the bond company that conditions are as described in this sentence and/or after notice from the OWNER to do so, substitute an acceptable bond or bonds in such form and sum and signed by other surety or sureties as may 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 Insurers; Certificates of Insurance. SC5.3.1 Add the following new paragraph immediately after paragraph 5.3.1 of the General Conditions which reads as follows: 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 his power -of -attorney. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not authorized to do business in the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. SC5.3.2 Delete the second sentence of paragraph 5.3.2 ("OWNER shall deliver to Contractor. . .") in its entirety. SC5.4. CONTRACTOR'S Liability Insurance: Add the following paragraphs immediately after the respective paragraphs 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 J Supplement to the General Conditions page 3 I I I I I I I I 1 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 $2,000,000.00 Property Damage: Each person Each occurrence $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 ofomission 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: 5.6 Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations) but not lees 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, and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and .expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured. property (including but not limited to the fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all-risk" insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work Stored Ott and off the site or in transit when i Supplement to the General Conditions page 4 I. such portions of the Work are to be included in an application for payment. The polices of insurance required to be purchased and maintained by the CONTRACTOR in accordance with this paragraph 5.6 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 contain wavier provisions in accordance with General Condition paragraph 5.11.2. SC5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following 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 of 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 that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. ' All polices will provide for 30 days written notice (certified mail shall be • required) prior to any cancellation or non -renewal of insurance policies required under the Contract. Any such wording as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company..." shall be deleted from the certificates. SC5.10. Delete paragraph 5.10 of the General Conditions in its entirety. ' SC5.12. Receipt and Application of Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. SC5.13. Delete paragraph 5.13 of the General Conditions in its entirety. ' 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 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 6.30 CONTRACTOR'S. General Warranty and Guarantee. Sc 6.30.3 - One Year Warranty. Add a new paragraph 6.30.3 immediately following paragraph •6.30..2 which shall read: :' Supplement to the General Conditions page •5 I I I I El El I I Ll I Li ILI I For a period of one year, or longer if specified by special guarantees or by law, the Contractor shall at the Contractor's expense make all repairs and replacements necessitated by defects in the materials, workmanship or prosecution of the Work supplied under this contract, and pay for any damage to other works or property resulting from such .defects. The Contractor shall hold the Owner and Engineer harmless from any liability of any kind arising from said defects. The effective date for the beginning of the one year warranty period will be as decided by the Engineer and will be either the date of the Engineer's recommendation for Final Payment in accordance with Article 14.13, Final Payment and Acceptance, or the date of Substantial Completion as specified in Article 14.8. The Contractor shall make all repairs or replacements promptly upon receipt of written order for the repairs or replacements from the Owner. If the Contractor fails to make the repairs or replacements promptly, the Owner may perform the work and the Contractor and the Contractor's Surety shall be liable for all costs thereof. 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: Supplement to the General Conditions page 6 10.6. Limits of Authority. CONTRACTOR shall note and abide by the following 'S OWNERand ENGINEER'S limits of authority for changes in the Work which require a change in the Contract Price and Contract time. Except in the case of extreme emergency to protect public safety, public welfare or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall apply: Engineer's Representative - No authority City Engineer - $5,000.00. Public Works Director - $10,000.00 Mayor - $20,000.00 (Accumulative). All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall require the formal approval of the Fayetteville City Council. SC 11 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: I 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 estimated quantity of such item indicated in the Agreement; and ' 11.9.3.2. if there is no corresponding 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 11.9.3.4 if OWNER believes that the quantity variation entitles .OWNER to an adjustment in unit price; then 11.9.3.5 either OWNER or 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 Inspections. Paragraph 13.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: Sc 13.3. CONTRACTOR shall give the ENGINEER proper notification as detailed below and cooperate with the testing and inspection of the Work. SC 13.3.1. All testa 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 Engineer. SC 13.3.2. All field testa 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. Supplement to the General Conditions page 7 1 L ' SC 13.4 Paragraph 13.4 of the General Conditions is hereby deleted in its entirety and the following substituted in its place: I 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 coat 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. End of the Supplement to the General Conditions Supplement to the General Conditions page 8 LIST OF DRAWINGS Drawings bound seperately. Joyce Boulevard at State Highway 265 Intersection Improvements. Cover Sheet 1 Topographic Survey Sheet 2 Typical Sections & Details Sheet 3 Site Plan Sheet 4 Grading Plan & Profile Sheet it Section 100 GENERAL PROJECT REQUIREMENTS: ' 1. Scope of Work. The work shall be as shown upon the contract drawings and defined within the ' contract specifications, referenced AHTD Standard Drawings and Specifications and shall include the furnishing of all materials, equipment, tools, supplies, plant, labor and others as necessary in the construction of .work generally as follows: All traffic control, site work, grading, excavation and embankment, drainage and pavement construction required to widen and improve Joyce Boulevard at State Highway 265 as shown on the contract documents. 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 whole will govern the construction of the entire work. The applicable provisions will govern work to be performed under each schedule. ' 2. Referenced AHTD Standard Specifications and Drawings. ' The AHTD Standard Specifications contained in the 'Standard Specifications for Highway Construction,' Edition of 1993, published by the Arkansas State Highway Commission are hereby referenced and made a part of these Specifications. ' These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas.. ' The AHTD Standard Specifications, and Standard Drawings when referenced in the bid schedule shall be used as the Technical Specifications for this specific project. ' The Standard "Front-end" specifications, including the Advertisement for Bids, Instructions to Bidders, Bid Proposal, Contract, General Conditions, Supplemental Conditions, Performance and Payment Bonds and Section 100 - "General Project Requirements" shall be as contained and shown in this specific set of Contract documents and specifications. All conflicts and discrepancies shall be resolved in the favor of the Contract Documents and Specifications as written by the City of Fayetteville. ' Special attention is directed to paragraph 28 - Testing - of this Section 100 for additional requirements for all tests. ' 3. 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 commence. ' The Contractor shall complete the project within sixty (60) calendar days from the date specified in the Notice To Proceed. Of the total sixty day contract time this project shall allow for the closing of Joyce Boulevard at State Highway 265 for a maximum period of 30 days. Refer to paragraph 8 below. ' Additionally, the Contractor shall be responsible to submit a schedule of construction, in accordance with the General and Supplemental specifications, and Technical specification 100.05 "Schedules", which completely and clearly defines ' the items of work. Section 100 page 1 ' 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. ' 4. Submittals. The following submittals shall be required for this specific project: ' a. Shop drawings for reinforcing steel (excluding dowels for joints). b. Shop drawings and/or manufacturer's data sheets for precast concrete box culverts and concrete drainage pipe. c. Pavement and mix designs for the project. Id. "Hillside" fill material origination. e. Schedules as noted in paragraph 5 below. f. Traffic control plan as noted in paragraph 8 below. g. Project Sign layout. 5. 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 $100,0.00.00 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. 6. 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 t 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. .1 section 100 page 2 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. ' 7. 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 connection 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. � 8. Maintenance of Traffic. (Note: Work this section with AHTD specification 603 and the corresponding bid item). a. Joyce Boulevard at Highway 265. ' This oroiect shall allow for the closing of Joyce Boulevard at State Highway 265 for a saxinus period of 30 consecutive calendar days inclusive of all bad weather days, holidays and other "non -working" days. It shall be the responsibility of the Contractor to provide whatever means are necessary for completion of all phases of work necessary to re -open Joyce Boulevard within the 30 consecutive day period. Access to the Family Medical Center and the Razorback Sports & Physical Therapy 'Clinic shall be maintained open at all times. It shall be the responsibility of the Contractor to furnish to the Engineer for ' approval a complete traffic control plan showing the dates of closing Joyce Boulevard, method of maintaining traffic to the two referenced medical clinics, detour routing, signage and public safety. This specific plan shall be submitted by the Contractor to the Engineer for review and approval within 10 days after ' the Notice of Award and shall be discussed at the preconstruction meeting. All traffic control shall conform to AHTD Standards and the Manual on Uniform Traffic Control Devices. I Section 100 page 3 t I b. Other. The Contractor shall. conduct his 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 owners of private drives (minimum of 48 hours, one week suggested) before interfering with them; provided, however, that such maintenance of traffic at any designated point thereon and for the duration of .whatever period 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. 9. Underground Installations and Structures ' Unless noted otherwise on the plan documents, 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 Ito 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 by prospection in advance of trench excavation. The moving of planned improvements to avoid conflict with existing pipelines and other existing 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. 10. 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 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. 1 11. 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. 1 Section 100 page 4 1 L C I I 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. 12. 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. I b I I I L L 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 repair or replacement shall be made at the Contractor's expense in a manner satisfactory to the Engineer. 13. Saturday, Sunday, Holiday and Night Work. Refer to paragraph 6.3 of the General Conditions. Typically all work shall be performed during the normal work 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. or keeping Joyce Boulevard closed. The Contractor shall include any :or overtime, shift or weekend work in the Contractor's proposed and traffic control plan. 14. Monthly Estimates and Payments. Refer to Article 14 of the General Conditions and the associated Supplemental Conditions. Section 100 page 5 1 ' 15. 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 to complete the connections in minimum time. Operation of values or other appurtenances on existing utilities, when required, 'shall be by or under the direct supervision of the owning utility. All connections to the water and/or sewer facilities owned by the City of Fayetteville will be coordinated with the City of Fayetteville's Engineering Division and the Water/Sewer Department. 16. 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 to expedite the work shall be provided by the Contractor at his sole cost and expense. The Contractor shall arrange for service at his discretion from 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 of 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 be furnished for each 20 workers. The Contractor shall enforce the use of such sanitary facilities by all personnel at the site. 17. Operation and Maintenance Data and Manuals. Adequate operation and maintenance information shall be supplied to the Engineer for all equipment requiring maintenance or other special attention. ' The equipment supplier will prepare an operation and maintenance manual for each type of equipment indicated herein. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed in the following schedule. 18. 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 are 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". I Section 100 page 6 I 1 C I I I. I I C1 I Carp Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be.delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Wont: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the .purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. Replace 11.93 with SC 11.9.3 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I1 if: I11.9.3.1. the quantity.of any item of Unit Price Work performed by CONTRACTOR differs materially 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 with respect to any other item of Work; and I11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 —CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the 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 adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them; for damages arising out of or resulting from (1) delays caused by or within the control of CONTRACTOR, or (u) I 35 I I I I 1 I I I 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 Inspecdans: 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 1.3.9; and 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. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work. 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for 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. 13.4.3. as otherwise specifically provided in the Con- tract Documents. OWNER May Stop the Work: 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 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 IJ I I C I I .1 I l H shall not give rise to any duty on the part of OWNER :to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Rearoral of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective 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. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 113.12. Corte hon Rriodr 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract 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: (i) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) 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 instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where 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 if so provided in the Specifications or by Written Amendment. 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. Aeeepwnee of Defective Wont: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall 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 OWN ER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article II. If the acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11., 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 the 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 orpart of the site, take possession of all or part of the Work, and suspend CON!TRACT OR's services related thereto, take 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 which OWNER has paid CONTRACTOR but which are stored elsewhere. 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 rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim .therefor as provided in Article 11. 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 performance ofthe Work attributable to the exercise by OWN 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 37 I I I I I I I I I I I E I will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Replacement with SC 14.2 14.2. At least twenty days before the date established for each progress payment (but not more often than once .a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of 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 APPGcadonr 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 ENGI NEER':s on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. •the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, .by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (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, 38 ' 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 I I u I I I L I I I 14.7.8. OWNER has actual knowledge 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 reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Substantial` Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete, ENGINEER will notify.CONTRACTOR in writing giving the reasons therefor. If ENGINEER.considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If. after considering such objections. ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, EN- GINEER considers the Work substantially complete. ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities.pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utili- ties, insurance and wananties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, .but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any sub- stantially.completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all .the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of -the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.1 I. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all ' 39 I P L r I I I I L. I I L J 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 App&admt 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. Find Payment and Acceptance: 14.13. If, on the basis.of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGINEER will. within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR, 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms. OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by .OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens. from defective Work appearing after final inspection pursu- ant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents: and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE I5 —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: 40 I J I I 19. 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. ' 20. Safety. The Contractor is further notified and reminded of the presence of children and pedestrians in the general vicinity of the project. 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. 21. 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 and/or private roads. ' 22. Dust Control. 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. 23. Temporary Drainage and Erosion Control Provisions. 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. .Section 100 page 7 The Contractor shall prevent the .erosion of soil on the site and adjacent property resulting from the construction activities. Effective measures shall be initiated prior to the commencement of 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 storm water runoff shall be considered as subsidiary to the project and no separate payment shall be made to the Contractor. ' 24. 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 Contractor 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. 25. 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. 26. Access. The Contractor shall provide for safe and ready access to the construction activities during working hours or as requested to authorized representatives of the city of Fayetteville and other State or Federal Agencies as required. I27. Construction Observation Inspection. Construction observation and inspection shall be by the City of Fayetteville 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 100.28 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. Section 100 page 8 r 28. 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 o.f 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. ' 29. 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. ' 3.0. 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. • 31. Excavation Safety. I 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. A copy of the OSHA regulations is included in this set of specifications as Appendix A. 32. 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 low strength concrete mixture that is readily digable with standard equipment. The mixture shall be in the ratio of 3400 lbs sand: 150 lbs cement: 100 lbs flyash. ' Section 100 page 9 r The mixture shall be plant mixed and shall have a compressive strength of 300 psi ' at 28 days. The design of the mix may be modified if approved in writing by the Engineer. Normal strength concrete shall not be used for utility mix. ' 33. "Hillside" fill. "Hillside" fill material, where shown on the plans or in the bid schedule, shall be cherty clay material locally referred to as "hillside". All "hillside" material shall be supplied from off -site location and shall be subject to approval by the Engineer. Compaction of "hillside" shall be as shown on the • drawings. 1 End of Section 100 - General Project Requirements El C I I 1 L 1 I Section 100 .page 10 LT I ' Section 140 SCHEDULES, PROGRESS MEETINGS AND PUBLIC NOTICE 1. General. The Contractor shall utilize and maintain through project completion, scheduling of all phases of work required for completion of the project within the contract time. Such schedule shall follow the requirements of Article 6 of the General ' Conditions and Article SC -6 of the Supplementary Conditions, Paragraphs 3, 5 and 8 of Technical Specification 100, General Project Requirements, and as specified herein. The schedule, project status and progress of the work will be reviewed at a weekly progress meeting. 1 2. Schedule. I The Contractor shall show all various phases of work to be performed, submittals, materials, and equipment, manpower, skills, and equipment required, and completion dates of various phases of the work to be performed for the timely and proper completion of the project. The schedule must be in such detail that ' the Contractor and Engineer can readily determine the work as planned and be able to notify affected or adjacent property owners of the dates and times of work .on or adjacent to their property. ' 3. Weekly Progress Meetings. The Contractor's superintendent and the Engineer's Representative and others ' identified as needing to participate shall attend a weekly progress meeting • scheduled by the Engineer or his representative. The status of the project, • schedule and work to be accomplished in the next week will be reviewed and discussed. The location of the meeting will be as set by the Engineer at a time 1 agreeable with the Contractor and the Engineer. 4. Public Notice. ' The Contractor, on the basis of the schedule and progress meetings shall notify the appropriate property owners of trenching, pipe laying, cleanup .or other activities scheduled to occur on, or adjacent to, their property during the forth ' coming week. The minimum acceptable notification of property owners will be 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. 1 End of Section 140 I I I J Section 150 PROJECT SIGNS The Contractor shall provide two (2) project signs before construction is t started. One sign shall be placed at .each end of the construction in a location agreeable to both the Engineer and the contractor. The signs shall be four (4) feet in height and four (4) feet in length ' constructed from plywood or aluminum plate suitable to last the project life. The sign shall be erected upon posts and/.or braces as needed to withstand wind forces from all directions. The contractor shall be responsible to maintain the sign for the project life. The signs shall have a white or yellow background with black block lettering to provide the following information: 1 City of Fayetteville Sales Tax at Work City of Fayetteville Engineering Dept. 575-8206 Name of the Contractor Anticipated Date of Completion. (Month and Year) tThe size of the lettering shall be as large as possible to fit the project sign. I I H I ' End of Section 150 .1 I I LI §`1926.606 29 CFR Ch. XVII (7-1-92 Edition) !. I I YY r I I I 1 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, § § 1910.401-1910.441, of this chapter. (39 FR 22801, June 24, 1974, as amended at 42 FR 37674. July 22, 19771 § 1926.606 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 serving as a guard at the outer edge of a ship's deck. Subpart P —Excavations AosHoatsY: 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 F'R 35736), as ap- plicable, and 29 CFR part 1911. SouxcE: 54 FR 45959, .Oct. 31, 1989, unless otherwise noted. § 1926.650 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. W ' Occupational Safety and Health Admin., Labor 1. LI 1 I 1 1 ii 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. § 1926.650 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 - C 219 I. § 1926.651 29 CFR Ch. XVI1 (7-1-92 Edition) I I. ii '_ I 1, I I I t 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 approvedbya 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. § 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. (i) 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 - I 220 IOccupational Safety and Health Admin., Labor I 1, I u ii I I I I I I I. I. 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 CFR 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- § 1926.651 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 I 221 § 1926.651 29 CFR Ch. XV11 (7-1-92 Edition) I I 1 I I I I I I Li I I t I 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. (i) 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: (i) 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; or (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 - merit at least 2 feet (.61 m) 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 IOccupational Safety and Health Admin., Labor I I I I I I I. I I I I I I I_ I (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 § 1926.652 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 the 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. I ' § #926452 Z9 :FR -Ch. XNR-7=1-92Editlon) L P I. 1, I I I I I I Designs of support systems shield sys- tems, and other protective systems shall be. selected -and- constructed -by the-employert his designee and shall be -in -°accordance with -the require- ments of=.paragraph (c)(1); or, in the alternative,'paragcaph (c)(2); or, in ',the alternative,,paragraph (c)(3); or, in the alternative, •paragraph (c)(4) as fol- 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) Identificationof thelimits.of use of the data; (C) Explanatory information as -may • be -necessary to aid the user in>ma'king a correct selection of a :protective system from the data. (ill) At least one copy of: -.the tabuiaat- 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- tered 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 (1) 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 224 Occupational Safety and Health Admin., Labor Subpt. P, App. A t - L ri I L t - t I t I I I. I t - 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. (1) 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 -fns 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 225 ISubpt. P, App. A - 29 CFR Ch. XVII (7-1-92 Edition) I El J I I I I 1. I I. 1± ,. 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 little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil 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 Into a ball and rolled 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- gorses 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 it (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 one ver- tical (4H:1V) 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: (t) 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: (1) 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. f.1 22.6 IOccupational Safety and Health Admin., Labor Subpt. P, App. A I I I I I I I .1 I Ii I I I. I I 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 of soil that 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. (i) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as ¼-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 va-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. I 227 I I. I. I 1 1 1 Subpt. P, App. B 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- minum 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. APPENDrx B TO SUBPART P —SLOPING AND BENCMNG (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 - 29 CFR Ch. XVI1 (7-1-92 Edition) Ong protective systems is to be performed in accordance with the requirements set forth in § 1926.652(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- ing 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. (1) 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 Vs horizontal to one vertical (½1V) less steep than the maximum allowable slope. (Ill) 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. 228 Occupational Safety and Health Admin., Labor Subpt. P, App. B H H J I I TABLE B-1 MAXIMUM ALLOWABLE SLOPES SOIL OR ROCK TYPE MAIMUM ALLOWABLE SL.OPES.(H:V)(1] FOR EXCAVATIONS LESS THAN 20 FEET STABLE ROCK VERTICAL.(901 TYPE A (21 3/4:1 (531 TYPE B 1:1 (451 TYPE C 1½:1 (340) ' NOTES: 1. Numbers shown 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:IV (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:IV (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 'Y.:1. I. I I 229 Subpt. P, App. B 20' Max. I.. 29 CFR Ch. XVII (7-1-92 Edition) 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 %:1. 12' Max. 1/2 SIMPLE SLOPE -SHORT TERM 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 3/4 to 1 and maximum bench dimensions as follows: 230 Occupational Safety and Health Admin., Labor SIMPLE BENCH Subpt. P, App: B 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. Al 8' Max. 3/L (AVax. UNSUPPORTED VERTICALLY SIDED LOWER PORTION-MA%IMUM 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 3H feet. 231 I-, Subpt. P, App. B 29 CFR Ch. XVII (7-1-92 Edition) UNSUPPORTED VERTICALLY. SIDED LOWER PORTION-MA%IMum 12 FEET IN DEPTH IAll 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 %:1. The support or shield system must extend at least 18 inches above the top of the vertical side. I r - r. 11 Ii I- 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 in 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: I 232 Occupational Safety and Health Admin., Labor Subpt. P, App. B I I.. I 11 This bench allowed in cohesive soil only. 20' Max 4' N Max. SINGLE BENCH • This bench .allowed in cohesive soil only • i 20' Max. i Max / 1 4' Max. i 1 I 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 • • ftjfld/ 1- 20' Max. Min. Total height of vertical side 1 23:3 Subpt. P, App. B 29 CFR Ch. XV11 (7-1-92 Edition) VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shall be in accordance with the other options permitted in § 1926.652(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 1½;1. 20' Max. 1 1§ 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. All such excavations shall have a maximum allowable slope of 1y::1. 20' Max. Support or shield system r 1' l8" Min. Total height of vertical 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 CC OVER A C OVER 3 235 ISubpt. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) A OVER B A OVER C B OVER C 1h B �1 1 C 1�. 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 sloping, 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 Occupationcil Safety-and°Health Admin., Labor Subpt. t1 App. C IL IT I IL IT I I I IF ii- paragraph (g) of the appendix. Each table presents -the minimum sizes of timber mem- bers to use in a shoring system; and each table -contains data only for the particular soU..type in which the excavation_or-ortion of the excavation is made. The data are ar- ranged to allow the user the flexibility to select from `among several acceptable con- flguritions of members based on varying the horizontal spacing of the crossbraces. Stable rock is'exempt Yrom shoring require- ments and therefore, no data aretresented 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. (i) 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. (1) 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). (11) 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 t -trench equal to the depth of -the -trench. • (B) When vertical loads imposed;on cross braces exceed a 240 -pound gravity toad dis- tributed on a one -foot, section of 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 -i.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. 237 I. t I it I D� ii II I II a 11 Subpt. P, App. C 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 8 x 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 10 x 10 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 6x6 crossbraces at six feet horizon- tally and five feet vertically. Space 8x8 wales at five feet vertically. Space 2x6 uprights at two feet horizontal- ly. Arrangement #2 Space 6x8 .crossbraces at eight feet hori- zontally and five feet vertically. Space 10x10 wales at five feet vertically. Space 2 x 6 uprights at two feet horizontal- ly. Arrangement #3 Space 8x8 crossbraces at 10 feet horizon= tally and five feet vertically. Space 10 x 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 8x8 crossbraces at six feet horizon- tally and five feet vertically. Space 10x12 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. 29 CFR Ch. XVII (7-1-92 Edition) Arrangement #2 Space 8x10 crossbraces at eight feet hori- zontally and five feet vertically. Space 12 x 12 wales at five feet vertically. Position 2 x 6 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- zontally 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 mudsill 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. 111 1 Occupational Safety and Health Admin., Labor Subpt. P, App. C I 4 ro 1, cc N C- N J 0 b X X • Z N N O N IllC S W W W N O I0 J x J N 4 E 0 E Ls • X ,C t0 Q JC PI F., CD— H ^ U W I W Q LL 1 1 tP 1 Q Q Q Q Q W ^ C O Z.. 0- X N- .O m m .Nr-J O- X X X X X C.O] N._ Z Z y m 2 O 0 N O r1 - f7 ^ ZF C V w < C' <C C C C C .0_v N O F- to to a to to m w m 0 0 N x t0 x to x t0 C tO x t0 x x t0 x t0 X t0 x C }C O O UI W W N 0- I0 tO O p X X X X X X X X x X 0 b t0 b tO b b b cc m Z Q CO I- N t0 t0 0 t0 to t0 tO t0 tO t0 W X X X X X X X X X X C = o C C .0 tO 0 tO t0 tO cc C W O 0 to t0. cc _ tD ;:C X ,C X X X X X •1-• = C C C C to tD to t0 cc O ti 3 C C C to '.0 '0 � •10� 4Q JG X X X X C C C C t0 t0 t0 t0 cc 0] W I-, -in- O O O O O� O O O O O O O Z ..,. ' W F„ I. I-- X O W O] N C O N t0 � ~ ~ OQI.. 0. 0- C -.-0-.o 0. 0--C--C. 0. 0--C-- W In F- W U I- 0. O Z W N O O O O in IS,W O W O W W I- .--r' .- N O C W O I -.v 239 Subpf. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) 00 NI 4 hJ U S M x y N o -I N w N C. F N N N.4- I U r=. x a i x in F Ci — z N , o O C N C. •V 2 m F 0. Ll z F CO a z N a m x m O O N N N W a a� a o o .o N 7 N' N N S Ca N o u .e• U en en en HF F in UI V1 in in m1 m1 in in >a r. N �+ O O -o N O N N NZ at m O N v .O CO O 0 CO O N O—' F U w• mt in in Mn in V1 in in 0. Ca, O O O F 'D CO CO CO o in u x e' x 0--. CO CO CO 0 .. •O m CO COCOc0 CO07 eHE-4t'4 .. '0 x 4] 0. '0 '0 '0 m CO CO CO m J ml Ca V x O O O F .O .O .O CO CO CO N P b x '0 '0 b '0 b CO Ox0 ti F Cd O c O !L F •O b. .O CO CO CO x o .o x x x x x x x x U ' d .O .O .D .DC .p N CO q -o O O sO O S CO CO CO r NZ F O O 0 O O O —o O O 2 NN w F F F F F F F F F .-. 06 Wso CO O m- •O CO O d w y 0.5—' 0. A. A. W 0. 0. A. d JO A. 0. 0. 0 0 CO N J J J ml J J J N 2 J J J N 2 S S n F OH Z W O w O W vi O O O O N v I N C F 0. E. .. ..n F ... .a F N O 240 Occupational Safety and Health Admin., Labor Subpt. P, App. C V z N N w m 0,4-i O az z Y O N H HOE m xm a w o a 0 a * " o .o .o .O .c .o .o U N N N N try ail¢ Cdo v1 V1 V1 h N' O >w u. N N Z O N N N N N N M — r — .... ti N m O N O N N V iu6 L" N Y1 vl N in N >ww 0 a O a O r r r ... r 9 m O N O 0 r - r CU 0 F 0 0 0 w N Qi m r r r rs.N wj r V m m m Oi CD N to Ox Cm U O• H O O O X K _ _ a x X X. X N F '0 m N m N. N VO F . 0 0 .O at m m F O m a N = p0 O O O 0 Qi --I Q) r' r '0 ax0 m m m m r W U F N Z F C O O —0 0 r —c ^• ^' O C F FO F.o FZ F.O w V W .O m W M m .y ClUl m O 6 U• •-. L L m u 0 0 N m U O u .O W x w - w m0 w w N o U O w m m o o N N O O 'N2 > 0 ,z N Z O N N z N Z N x -. U F O F - O wOa F F .+H F N >O W O 241 ISubpt. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) Li l U H U V 6 A. 0, O O Q H .O 'G x '0 X X x z V d v -t N N F O F U Is1U x wa w v v a w m 0< .] -t .0 '0 r Q -t V - K -. z N W Sd 0 n n a V n en Z 9 4 T F 1.r zors 0o OP 00 Co. ZCN• Z J .t zwm d V V .T .T .T 0. PC Can 9 V 9 N U V J 00• 00- m 0 lO —4 m m W N Z Za x Z0 GJ x PC OD GD a C 0x '0x0 V mx m m o a U m v u a o a C .v v a- v v C >IY w H H .0 .0 n0 .0 '0 .O '0 .o C W to m Ca it x x x x x x xo .'0 C Y '0 .0 .0 .0 `x0 '00 '0 . '0 N F 0 >0 >0 .D >0 .O >0 n0 >4 b >4 m x x x X x x x x x x x v v e m .o .c a .G .^ 0 m '0 .c N � 5g aa d v 'O .O . .O .0 '0 v^. .0 >0 .O a 2 x x X x x x x x x x x x m� w v v v v v v .c .eu .o .o .e .c m F o w Q a O F O v '0 .0 v .p '0 .0 .0 .0 .0 .0 U .0 x x x x x x x x x x x x v v o v v v .o .o '0 .o .o F � ..o w 3 O C O .0 b v .0 d .0 .O b .O b V x x x x x X 7'C X X x x W v v v O O J e0 .O .� d b .O _ H F F H H H F F FF �.-. ::E: N.� IY a m w W F r r F N > N D a I 242 Occupational Safety and Health Admin., Labor Subpt. P, App. C U Z .O r o x a � O 0. F x Z O N N O F N x W Ct r >4*v x X Calls. ..a 0 0 0 J N 00 r r r n v v N Li, O .C .0 .O .0 .0 .O xt n n n -, v Y V .y U, F + y .n .n in ,j .n .n .n CalF µw a 4. N O O N O N N O _ _ y `-' x x x x x x X X X U .O 00 00 00 O O y ON Z r r r r r a zH u. F W y toCaj V1 N in N V1 V1 V1 in Vl W 4. o > a z a .O .O 0 W 00 • p.r x x x x x x x >4 x x x x .D .G .D .O m y m 0 0 Edo W F w W N .O .0 .G 0 W m ly 0.r x x x .1. .w .D .O .0 0 00 .G 0) 00 LXO co Ed Z P W LL .O .0 .O .D 00 x x x x F .x '0 .xD b b m d d 0x0 W O O F L .0 .0 .O .O .O m .m fls xxxdO FRI x x xU O O O F F ^• O -4-I- Z 0 00 O a d 00 O a O O d 0<14 — OIL r r VU CU S 6. W- 0. a. G N O G. C. O. N G C 0.. C. d N O W In'-.yZ _ O J J nZ > O > yZ y Zr' F U F _ O W O W W inW 0 0 0 O -1 y N O C 4. [..4 r r Ed 0 M0 6 0 a0 N Y —o W C 01 9 F d U L J mu w +a L L a 0 0 O 0 C t a o T Cm w WE L U L mu 00 m c c v .-I L 9 L C w a aC C 9 d L w U> 3 J C C J w .. v a P w E E 0 I. E 0 O 1. a -4%-. W L w u m a m c O o E Y # 243 Subpt. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) r U 2 N Ca a H z N F O H U W a a� 6 m � 6 O F a E N G] m •.O '0 x< O x Ix tx !x .- v K S U K U F N F CC UN Es) < 41 N. > L {c m O N O N N y O O O N O ti -. r U H 4Hi N O O ^ m m m m m C x x x x x x x m m m m m m £ y m m m m oN x x x x x x •c m m m m m v X X x X x X �• •O ''O m 'O v ❑ O O `' '° •O .O .O m m m ` a x x x x x H a •O .O .O .O m m 3 O v O X > S m x -X x x X x X .o m .o .c a m N F 0 OF 0 0 NZHH -+ .+. F .. — .O m O m m m m .O m m d 0<1 W < 1 r d W:.l m N N y U N10 4] = �•v �• L d O O G a d0 WO O G m0 O m0 o U O m m a a a O h Z a a mZ .n2 a mZ m S Z W fl .O O O O fl O O NO F -,--•O 244 I'Occupational Safety and Health Admin., Labor Subpt. P, :App. 0 I I 1 I I I El I I I I APPENDix D TO SUBPART P -AX UMINUM .HYDRAULIC SHORING FOR TRENCHES la) Scope -This appendix contains --infor- mation that -can be used when aluminum hydraulic shoring is provided as a method of . 'protection ! against cave-ins in -trenches -that, do not exceed 20 feet (6.lm) in ddepth.= This appendix must be used when design of the aluminum hydraulic protective system cannot be - performed in accordance with 11926.652(cx2). - (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. (e) Presentation of Information.lnforma- 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 O1.4 .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. (1) 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- extension as recom- mended by product manufacturer. (3) Limitation of application. (1) It is not intended that the aluminum hydraulic specification apply to every situa- tipn that may be experienced in the field. These data were developed: to, apply- to the situations that are most commonly experi- enced in current treichingpractice. 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: 245 ISubpt. P, App. D 29 CM Ch. XVII (7-1-92 Edition) M1 1 I I I. i.- I I.- (f) Example to Illustrate the use of the Tables: (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: Find 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 wide. 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 installations.) (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- ing. The trench is 18 feet deep and 12 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. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (5) Example 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 D-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. (ii) 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- pressive 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 form). 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 specifica- tions. (9) Wales are calculated for simple span conditions. (10) See appendix D, item (d), for basis and limitations of the data. 1 246 Occupational Safety and Health Admin., Labor Subpt. P, App. D ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS FIGURE NO. 1 FIGURE NO. 2 yLATG.I ALWMM MTGMAl4K. MOMMD VIRTCAL EAuU11MY 1•WT ACSal MYDRAULO AMOWq Iw1T1. 0.Tw0001 HORIZONTAL SPACING // RORIIONTAL SPACING IS" MAX. VERTICAL RAIL ERTICAL RAIL '1 TDRAULIC CYLINDER IS"MAX VERTICAL SPACING �� VERTICAL • SPACING v �m A' MAX. F 'M n .,. A' MAX. ..T_ 2' MAX. 2' MAX. I���i:��1� 2100%% VERTICAL ' SPACING VERi1CAL RAIL 2' MAX. 'HYDRAULIC / CYLINDER VERTICAL SPACING A' MAX. 2' MAX. HYDRAULIC CYLINDER PLYWOOD HYDRAULIC CYLINDE'R 247 311-112 0-92-9 Subpt. P, App. D 29 CFR Ch. XVII (7-i-92 Edition) I. I I I. I I. [J El V 1 u•W wO M Q > o o a a O0 = U W Gcl a x0 zgE. >� �< U. o O a 00 . C = N z a } u c�z u ` awa v v > y F- a z Z^ 00 00 I� X < L L � y w F -o woOv, wv,Oo O Lz.z �'ow Q ova o��' o^�� > E 0 U, v•v c .1- Q Q xx C C •d 0) La. a a p ai u u:- -- Y Y 4 G C u.zz 248 11. Occupational Safety and Health Admin., Labor Subpt. P. App. D I Li I I LI I. I a. x N- x' ^ z< ;o M Q O ca U z �� xh a x0 z [W - IL. O O Q z A 00 w z a. N Q A 1 U U a adz_° F X a w > `a" 0 z ..1 Q U. xzz F In OU m ' 'C in Q (Sr v 3 x U F a O a O cK O wow > nF� >�O.. >'4t4 'U o O a O a O a 'o cn E a c C C- C 4 C c I. U 4 -C C N U E _— u •- cat ' C n c c - N N U C G Q Q N d c N Cn N /1 l\ C v v 8 N — LL ZZ 249 I- Subpt. P, App. D 29 CFR Ch. XVII (7-1-92 Edition) Ui (y z U. I I Q z M M U a CM I Cl I M O %O ❑ I I Cl K p2; z z z z Z z z z z • O z - - - - .. F^ J G M M .M M M M M M p. 7 U❑ N_ aI K Z 6 .n O O :n ::! o< 00 a .N 'C oo O in b a m vl W 0O y W ! xz E (•J Z W Ill N N Pi Cl = N .Z4iF } Z O J< NONO M. NO M M N M M C O V. W u S Z Z z z o x v]Qa V F s U - c U 2 �" N Z C C C C O ❑ <� F ❑ter 'N T T u x J Cl N c". Cl re en N p.,• t+-. G z _ c o La y u O C C C C C r O v Ctl , eLi C Q C x v �� x. .� r. v p. Q = z - - n z' r `. C �r. C C Un C O = Cl 'U v co cn 3 < J .-. y U 3 uz F— U W c u 5< [.J C R �❑❑ u CL K x2 C p p C c c E T L < < U F O z O oN V N N O O — '— = y N C 000 L ZZs 250 Occupational Safety and Health Admin., Labor Subpt. P, App. D M I g �U I y 0'z N N N N X X X en v, �x z z z z z z z z z (.. • M M M M MM M M M 0. U N 0 O vi O C h O N C O ti vi .cc ri ue .G w >.x�. (((W�,7 O o U. z N W N N N N E Oit D z x O Z Z (1J Z jJ Z Z {r.7 z :,Z`' Z (S.j Z Z Q Ci U %' F �! NQNo M NQ M M NQ M M- .X N o U W a uo z z z z a c a Fes., oo CJ O .O vi: O flC C E O AQ>4 O F O =h o a�ao x 3 U1 z z z z- z z z z z U 'F Q Cg ao . N N M N M M .N t+'. M c z uc _ 6 N Z _ to y. V a •C C vt o C ..1 O< b C c h m enr, .G [Q . ? S Q N Z U C Z J t O, di C C vi .O C i C C .c .•^ o M O. H .�.O Cl) WO EE Q < V C U U 3 Uz F C _ C=CC n E u o a O U Z �. C: O C N O vl .v] tL LFi.1 >CFh' >v:rC 1� 0- p F O U O O o '- C 0 0 $ c O U v.ZZ• 251 Subpt. P, App. E 29 CFR Ch. XVII (7-1-92 Edition) APPENDI% E TO SUBPART P -ALTERNATIVES TO TIMBER SHORING 18" M VER1 SPAC 4' MA RTICAL RAIL YDRAULIC CYLINDER Figure 1. Aluminum Hydraulic Shoring 0 0 0 0 0 Figure 2. Pneumatic/hydraulic Shoring 252 Occupational Safety and Health Admin., Labor Subpt. P, App. E Figure 3. Trench Jacks (Screw Jacks) Figure 4. Trench Shields 253 Subpt. P, App. F 29 CFR Ch. XVII (7-1-92 Edition) APPENDIx F TO SUBPART P -$ELECTION OF PROTECTIVE SYSTEMS The following figures are a graphic summary of the requirements contained in subpart P for excavations 20 feet or less in depth. Protective systems for use in excavations more than 20 feet in depth must be designed by a registered professional engineer in accordance with 1 1926.652 (b) and (c). Is the excavation more than 5 feet in depth? Is there potential for cave-in? Excavation may be made with vertical sides. Excavation must be sloped, shored, or shielded. Is the excavation entirely in stable rock? Sloping. I Shoring or shielding selected, selected. Go to Figure 2 Go to Figure 3 FIGURE 1 - PRELIMINARY DECISIONS 254 Occupational Safety and Health Admin., Labor Subpt. P, App. F Sloping selected as the method of protection Will soil classification be made in accordance with 51926.652 (b)? Excavation must comply with one of the following three options: Option 1: $1926.652 (b)(2) which requires Appendices A and B to be followed Option 2: 11926.652 (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. - Excavations must comply withf1926.652 (b)(1) which requires a slope of 1½H:1V (341). 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. 1 ' Soil classification is required when shoring or :shielding is used. The excavation must comply with one of the following four options: I. Option 1 ', 51926.652 (c)(1) which requires Appendices A and C to be followed 1.. (e.g. timber shoring). Option 2 11926.652 (c)(2) which requires manufacturers data to be followed (e.g. hydraulic shoring,trench jacks, air shores, shields). Option 3 ' X1926.652 (c)(3) which requires tabulated data (see definition) to be followed (e.g. any system as per the tabulated data). Option 4 51926.652 {c)(4) which requires the excavation to be designed by a registered professional engineer (e.g. any designed system): ' FIGURE 3 - SHORING AND SHIELDING OPTIONS I 256