HomeMy WebLinkAbout92-95 RESOLUTION•
1
RESOLUTION NO. 92-95
A RESOLUTION AWARDING A CONSTRUCTION
CONTRACT 1'O HMG, INC., IN THE AMOUNT OF
$1,231,073.60, PLUS A 5% PROJECT CONTINGENCY OF
$61.554.00 FOR SEWER LINE REHABILITATION, WHITE
RIVER WATERSHED MINISYSTEM 18B/C.
BE IT RESOLVED BY THE ('ITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. The Council hereby awards a construction contract to HMG, Inc., in the
amount of $1,231,073.60, plus a 5% protect contingency of $61,554.00 for sewer line
rehabilitation, White River Watershed Minrsystem 18B/C, and authorizes the Mayor and City
Clerk to execute same. A copy of the contract is attached hereto marked Exhibit "A" and made
a part hereof.
PASSED AND APPROVED this j.ii day of June 1995.
APPROVED:
By:
A7"1'ES'f:
Traci Paul, City Clerk
Fred Hanna, Mayor f 1
r
•
STAFF REVIEW FORM
AGENDA REQUEST
XXX CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council meeting of N/A- Mayor Approval.
FROM:
David Jurgens
Nana
•
1•
Water & Sewer Public Works
D:v:a:on ]apartment
ACTION REQUIRED: The Mayor sign Change Order #1 to the construction
contract with HMG, Inc., for Sanitary Sewer Rehab, White River
minisystem 18B/C, for a contract increase of $4,000.00. These
funds are well under the approved contingency of $61,554.00.
COST TO CITY:
$_4 000.00 $1.292,627.60 White Riv Mini 18B/C
Cost of thin request Category/Pro,ect Budget
5400-5700-5815.00
Account Number
90012-8220
Project Hunker
$1.231 073.60
runds used to date
$61.554.00
CetegoryyProject Name
Sewer Rehabilitation
Program Name
Water and Sewer
Remalr]rg Balance rand
ET REVIEW: X Budgeted Item Budget Adjustment Attached
Budget C..rdlreto
Acninlstrat:ve Services Director
CONTRACT/GRANT/LEASE REVIEW:
l
Account . Manager
ity Atter e
rcsing oft_eer
hAPF*E9
d5
Di on N
Date
/2'1'">S
Date
Date
GRANTING AGENCY:
/OA Cocr»nator
1)(1;•rte
e1 Auditor
61 TA- .
.1
Date
Date
EMENDATION: Staff recommends approving the change order.
%tiOjPM 101(1 fr
M a
De tae,t Direct r
Adm:,:err
Mayor
REHAB—BW VLSI a —607 . lH:
late
Cross Reference:
Da•e New Item: YES NO
10,2�1� 5
Date Prev Ord/Res #: 92-95
/��j�/1
Date
Orig Contract Date:06/20/95
•
14AS 1''ETIi i `T i a�I
•
THE CITY OF 'AVETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To:
Thru:
From:
Date:
Mayor
Kevin Crosson,
David Jurgens,
Fred Hanna
Public WorksNDire for+1111{
.c "'V
Water/Sewer �
October 18, 1995
Re: Change Order Number 1 to Construction
Minisystem 18B/C Sanitary Sewer Rehabilitation
Contract,
, HMG, Inc.
1. General. The attached change order reflects changes in the
sewer rehabilitation contract with HMG, Inc., which have been
identified to date. This change is required in order for the
project to accomplish its mission of eliminating inflow into this
portion of the sewer system and reducing the sewer overflows at
these points and downstream.
2. Work Item. The work to be performed in this change order
involves replacing a 10' section of 12" pipe which is broken and
which has significant air voids around the pipe. This creates both
a potential safety problem and allows rain and ground water to
enter the sewer system.
3. Budgeting. Funds for this change order will come from the
contingency established for this project in Resolution 92-95
(attached), by which the original contract was approved. The
contingency contains $61,554.00. This change order will reduce
that amount by $4,000.00, leaving $57,554.00 in contingency funds.
4. Staff Recommendation. The Staff recommends that the change
order be approved in the amount of $4,000.00, out of the
contingency funds established for this project.
Enclosures:
Agenda Review Request
Proposed Change Order Number 1
Resolution 92-95
REHAD-s[0OLS18-6 V 8. DzP
CHANGE ORDER
SHEET 1 OF 3
CHANGE
ORDER NO.
OWNER: Fayetteville, Arkansas
PROJECT NAME: Sanitary Sewer Main
Replacement and Rehabilitation
White River Watershed
Mini System 18 BJC, Contract II
LOCATION:
.Fayetteville, Arkansas PROJECT NO. 18-1152-00
CONTRACTOR: }IMG, Inc. DATE: Oct. 10. 1995
I. DESCRIPTION OF CHANGES INVOLVED:
The following changes are hereby made to the Contract Documents:
Establish a Lump Sum Price for a 10 LF Point Repair starting at
the downstream end of Manhole (18B/C)130 and going east 10 LF.
The manhole connection has a void around the existing 12 -inch VCP
which allows inflow into the manhole. The 12 -inch VCP will be
replaced with a 12 -inch PVC pipe and the void repaired at the
connection with the manhole.
Point Repair 2030
1 Lump Sum
$4,000.00
Change Order
City of Fayetteville
Sanitary Sewer Improvements
SHEET 2 OF 3
CHANGE
ORDER NO. 1
II. CHANGE ORDER CONDITIONS:
1. Any additional work to be performed under this Change Order
shall be carried out in compliance with the Specifications
included in the preceding Description of Changes involved, as
and under the provisions of the Original
Contract, including compliance with applicable Equipment
Specifications, General Specifications, and Project
Specifications for the same type of work.
2. This Change Order unless otherwise provided herein does not
relieve the Contractor from strict compliance with the
guarantee provisions of the Original Contract, particularly
with those pertaining to performance and operation of
equipment.
3. Contractor agrees there will be no additional extensions of
contract time and no additional increase in Contract Price
granted for this Change Order or any previous Change Orders.
4. The Contractor expressly agrees that he will place under
coverage of his Performance, Labor and Material, and
Maintenance Bonds and contractor's Insurance all work covered
by this Change Order. The Contractor will furnish to the
Owner evidence of increased coverage of his Performance, Labor
and Material, and Maintenance Bonds for the accrued value of
all Change Orders which exceeds the Original Contract Price by
twenty percent (20%).
III. ADJUSTMENTS IN CONTRACT TINE
1. Final Completion Date
of Original Contract
2. Net change due to all
previous Change Order
December 29, 1995
0 Days
3. Final Completion Date not including
this Change Order No. 1 December 29, 1995
4. Addition to Contract Time due
this Change Order No. 1
a. Avoidable Delay Extension 0 Days
b. Unavoidable Delay Extension 5 Days
5. Final Completion Date including
this Change Order No. 1 January 3, 1996
Change Order
City of Fayetteville
Sanitary Sewer Improvements 2
•
•
SHEET 3 OF 3
CHANGE
ORDER NO.
:V. ADJUSTMENTS IN AMOUNT OF CONTRACT:
1. Amount of original Contract $ 1.231.073.60
2. Net (Addition)(Reduction) due to all previous Change Orders
Nos. to ---
3
3 Amount of Contract not
including this Change Order $ 1.231,07B.60
4. (Addition) (Reduction to
Contract due to this Change
Order
5. Amount of Contract including
this Change Order
RECOMMENDED FOR
ACCEPTANCE:
4,000.00
1,235,073.60
(For RJN Group,
ACCEPTED: CONTRACTOR
By:
1�arie 6JC,. ( tO/,I / 9f')
Date
Si
OWNER:
By:
Signa
( D 'Z
esentatave -2s
/ ate
/114/66---- /1%17 1
re of Authorized
Change Order
City of Fayetteville
3 Sanitary Sewer Improvements
STAFF REVIEW FORM
__ AGENDA REQUEST
XXX CONTRACT REVIEW
GRANT REVIEW
•
For the Fayetteville City Council meeting of N/A- Mayor Approval.
FROM:
David Jurgens
Name
Water & Sewer Public Works
DFv:e_on -leper rem
ACTION REQUIRED: The Mayor sign Change Order #2 to the construction
contract with HMG, Inc., for Sanitary Sewer Rehab, White River
minisystem 18B/C, for a contract decrease of $78,034.90 and to
reimburse $1,755 in previously deducted excess engineering
payments. This change order represents the final work performed in
the contract.
COST TO CITY:
$ (78 034 90) $1.292,627.60
Cost of tills regt.est Cetegcry/iralect Padget
5400-5700-5815.00 $1,2354_073.60
Account Nar ar Funds deed to date
90012-8220 $57,554.00
Pra+ect Number
Kern_,_nq Be -erre
White Riv Mini 18B/C
ratego-y,P-n'ert Nero
Sewer Rehabilitation
FrOgrem Name
Water and Sewer
Fund
BUDGEF REVIEW: X Budgeted Item
/ f I
Budget C
Budget Adjustment Attached
Aam n:attettve Sarv..es tractor
CONTRACT/GRANT/LEASE REVIEW:
rlty Atto-ne
eraheslnq O1f1e,
Date
/1- 27-5 y�
-tate
I -z ?
RECOMMENDATION:
0
Departmen
Dl rectrr
PEUAB-SW`,M9i8-609. CO
-tate
GRANTING AGENCY:
ADA Coordlrator
:,t erne: Audit o:
Staff recommends
Date
Date
1 r
9%/ 7pc-
rate
Date
Date
Date
approving the change
Cross Reference:
New Item: YES NO
Prev Ord/Res #: 92-95
Orig Contract Date:06/20/95
FAVI-l_4i��A 1 Ji JF
T.E C V OC FAVErEVILLE ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To: Mayor
Thru: Kevin
From: David
Fred Hanna
Crosson, Public Work\iA-lector
Jurgens, Water/Sewer
Date: December 22, 1995
Re: Change Order Number 2 to Construction
Minisystem 18B/C Sanitary Sewer Rehabilitation,
Contract,
HMG, Inc.
1. General. The attached change order reflects the final changes
in the sewer rehabilitation contract with HMG, Inc., with a net
contract reduction of $78,034.90. This change is required to close
out the project. The change order includes reimbursement of
$1,755.00 to HMG for excess engineering costs which were deducted
from previous payments. These excess engineering costs are
withheld any time inspectors are required to work overtime. The
work in the project was completed faster than expected, resulting
in a savings in the total engineering costs. Thus, the request for
the excess engineering costs to be reimbursed is valid.
2. Work Items. The work items not being performed are all unit
price items which could only be estimated prior to construction.
HMG, Inc., has completed all work required to accomplish the
mission under the contract.
3. Purchase Requisition. No purchase requisition change order is
required as the final payment submission will close out the
existing purchase requisition.
4. Staff Recommendation. The Staff recommends that the change
order be approved to reduce the contract amount by $78,034.90, and
to approve reimbursement of $1,755.00 of excess engineering funds
which were deducted from previous payments.
Enclosures:
Agenda Review Request
Proposed Change Order Number 2
Resolution 92-95
nemAB-sw,uiA-410.nen
•
DEC -1.3-19:='
•
• a^ ...LAI-
CHANGE ORDER
SHEET 1 OF 6
CHANGE
ORDER NO. 2
OWNER: Fayetteville, _Arkansas
PROJECT NAME: Sanitary Sewer Main
Replacement and Rehabilitation
White River Watershed
Mini System 18 B/C, Contract ILI
LOCATION:
Fayetteville, Arkansas PROJECT NO. 18 -1162 -OO
CONTRACTOR: HMG, Inc.
DATE: Decenber 15. 1995
I. DESCRIPTION OF CHANGES IN OLVEb:
The following changes are hereby mad.to the Contract Documents:
A. Adjustment of quantities to reflect the final quantities as
built.
Net reduction to Contract including
Chanrin Order No. 1 $78,034.90
B. lteimburae Cvntlaetez tor oxcskiii rine i i,nexinv 440to Which laare
withheld from monthly ray requests. Contractor finished work
ahead of schedule resulting in a saving of engineering cost.
$1,755.00
Change order
City of Fayetteville
1 Sanitary sewer Improvements
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LEC-:
SHEE: 5 OF 6
CHANGE
ORDER NO. 2
II. CHANGE ORDER CONDITIONS:
1. Any additional work to be performed under this Change Order
shall be carried out in compliance with the Specifications
included in the preceding Description of Changes involved, as
and under the provisions of the Original
Contract, including compliance with applicable Equipment
Specifications, General Specifications, and Project
Specifications for the sane type of work.
2 This Change Order unless otherwise provided herein does not
relieve the Contractor from strict compliance with the
guarantee provisions of the original contract, particularly
with those pertaining to performance and operation of
equipment.
3. Contractor agrees there will be no additional extensions of
contract time and no additional increase in contract Price
granted for this Change Order or any previous Change Orders
4. The Contractor expressly agrees that he will place under
coverage of his Performance, Labor and Material, and
Maintenance Bonds and Contractor's Insurance all Work covered
by this Change Order. The Contractor will furnish to the
Owner evidence of increased coverage of his Performance, Labor
and Material, and Maintenance Bonds for the accrued value of
all Change orders which exceeds the Original Contract Price by
twenty percent (20%).
III. ADJUSTMENTS IN CONTRACT TIME
1. Final Completion Date December 29, 1995
of Original Contract
2. Net change due to all 5 Days
previous Change Orders
3. Final Completion Date not including January 3, 1996
this Change Order No. 2
4. Addition to Contract Time due
this Change Order No. 2 0 Days
a. Avoidable Delay Extension 0 Days
b. Unavoidable Delay Extension
5. Final Completion Date including January 3, 1996
this Change order No. 2
Change order
City of Fayetteville
Sanitary Sewer Improvements 2
SHEET d 6 'OF 6
CHANGE
ORDER NO. 1
IV. ADJUSTMENTS IN AMOUNT OF CONTRACT:
1. Amount of Original Contract $ 1 23_,073.60
2. Net (Addition)(lcducticn) due to all previous Change Orders
Nos. _1. to __ $ 4.000.00
3. Amount of Contract not
including this Change Order $ 11235,073.60
4. (Add i -on) (Reduction to
Contract due to this Change
Order
S. Amount of Contract including
this Change Order
RErfMMENDED FOR
ACCEPTANCE:
7.CeEPPtD
78,034.90
1,157,038.70
£`CS _
A cersG z ( lL/�rn )
Date
(FFooz tJN Group, I
coNTFACTnR
Dy. /
( j7)Y19� )
S1ynaLLA2e of 4t : >od R.PrrMSantative 1 DaLc
DWNFR:
1/
By: //;,1L� 1/in. /l'1fI)
Si ature cf Authorized Re resentative( Date
Change Order
City of Fayetteville
3 Sanitary Sewer Improvements
RESOLUTION NO. 92-95 41CRORID
A RESOLUTION AWARDING A CONSTRUCTION iJ
CONTRACT TO HMG, INC., IN THE AMOUNT OF
$1,231,073.60, PLUS A 5% PROJECT CONTINGENCY OF
$61,554 00 FOR SEWER LINE REHABILITATION, WHITE
RIVER WATERSHED MINISYSTEM 18B/C.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS -
Section 1. The Council hereby awards a construction contract to HMG, Inc., in the
amount of $1,231,073 60, plus a 5% project contingency of $61,554.00 for sewer line
rehabilitation, White River Watershed Minisystem 18B/C, and authorizes the Mayor and City
Clot to execute same. A copy of the contract is attached hereto marked Exhibit "A" and made
a part hereof.
PASSED AND APPROVED this 10.itiday of June , 1995.
APPROVED:
BY:
Traci Paul, City Clerk
Fred Hanna, Mayor Pa
•
.'.
14
May 1995
ik
EXHIBIT A
CONTRACT
DOCUMENTS
Sanitary Sewer Main
Replacement and Rehabilitation
White River Watershed
Mini System 18 B/C
Contract 11
City of Fayetteville
Fayetteville, Arkansas
prepared by
RJN Group, Inc.
Consulting Engineers
Dallas, Texas
in association with
McClelland Consulting Engineers, Inc.
Fayetteville, Arkansas
HMG, Inc.
Contractor
812 N. Elm Street
Street Address
Greensboro. NC 27401
City & State
(910)274-0765
Telephone
VOLUME I
CONTRACT DOCUMENTS
SANITARY SEWER MAIN
REPLACEMENT AND REHABILITATION
WHITE RIVER WATERSHED
MINI SYSTEM 18 B/C
CONTRACT II
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
PREPARED BY
RJN GROUP, INC.
CONSULTING ENGINEERS
DALLAS, TEXAS
IN ASSOCIATION WITH
McCLELLAND CONSULTING ENGINEERS, INC.
FAYETTEVILLE, ARKANSAS
MAY 1995
FAYETTEVILLE, ARKANSAS
WHITE RIVER WATERSHED
MINI SYSTEM 18 B/C
CONTRACT II
ADDENDUM NO. 1
Release Date: May 25, 1995
Information to Bidders:
The Contract Documents for the above
and amended as follows:
1. Delete Section D2-18 Pipe Joint
entirety.
titled project are revised
Grouting and Testing in its
2. Section D1-1 Paragraph A.1 General. Delete the last
sentence of the first paragraph.
3. Section D2-13. Add the following to Section C.
"20. Cleanouts
Cleanouts shall be constructed as detailed on the
drawings at locations designated by the Engineer."
4. Section D2-13. Revise the second sentence of Paragraph D.S.
Installation of Service Lateral Cleanout to read as follows:
"Payment shall include furnishing and installation of the
cleanout, including all materials, labor, excavation and
restoration (unpaved areas only) and testing."
5. Drawings. Delete Job Nos. 2018, 3002, and 3013 from the
project. Also delete all grout and test joint locations
shown on Sheet 3 of 18 and Job 3005 indicated between
manholes 49 and 50.
6. Drawings. Add the attached CLEANOUT DETAIL.
7. Supplementary Conditions, Paragraph E. Modify the first
sentence of the modified paragraph to read as follows:
"If within two years after the date of Substantial
Completion of the entire project".
A-1
FAYETTEVILLE, ARKANSAS
WHITE RIVER WATERSHED
MINI SYSTEM 18 B/C
CONTRACT II
ADDENDUM NO. 1 (Cont.)
8. BID. Modify the following Bid Items as follows:
Job No./
Pay Item
2018 Delete
8A Delete
3B1 Revise approximate quantity from 3,176 to 3,009
3B2 Revise approximate quantity from 2,473 to 2,403
3E1 Delete
3E2 Delete
3H1 Delete
3H2 Delete
3H3 Delete
311 Revise approximate quantity from 40 to 33
3I2 Revise approximate quantity from 32 to 24
3R1 Revise approximate quantity from 4,616 to 3,844
The above revisions shall be made on the Bid and used to
calculate the amount bid.
Bidders shall acknowledge receipt of this addendum on the Bid
(page 1) and on the outside of the sealed bid envelope.
Gregory M. Thiel, P.E.
Project Manager
RJN Group, Inc.
A-2
INSTALL 10" TURF IRRIGATION CONTROL
BOX (ASTM D2853 -70,C11212)
AMETEK OR APPROVED EQUAL
4" SCREW ON TYPE CLEANOUT
LID, SCHEDULE 40 OR S.D.R
26 P.V.C. ( TYPICAL )
Ft
VARIES
4"P.V.C. (TYP.)
CLEANOUT STACK
EXIST. LATERAL
STD. TEE
4' CONC. SIDEWALK
INSTALL 4" P.V.C. SEWER LATERAL
ON MIN. 1.0% SLOPE AS REQUIRED
ABANDONED SEWER MAIN
i
PROPOSED SEWER MAIN
BEDDING MATERIAL
CLEANOUT DETAIL
CONTRACT DOCUMENTS
SANITARY SEWER MAIN
REPLACEMENT AND REHABILITATION
WHITE RIVER WATERSHED
MINI SYSTEM 18 B/C
CONTRACT II
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
MAY 1995
I hereby state that these Contract Docunents
were prepared under my direct supervision and
that I am a duly Registered Professional
Engineer under the laws of the State of
Arkansas.
,`���� `• ARC
STArATE O,e L��s CAS
c
REGrsTERED =
ROFESS! ,
A
CONTRACT DOCUMENTS
FOR THE
CITY OF FAYETTEVILLE
SEWER SYSTEM IMPROVEMENTS
TABLE OF CONTENTS
TITLE SECTION Pages
VOLUME I
BIDDING DOCUMENTS
INVITATION TO BID
INSTRUCTIONS TO BIDDERS*
BID
BID BOND
SUBCONTRACTORS
STATEMENT OF EXPERIENCE OF BIDDER
STATEMENT OF COMMITMENT
CONTRACTUAL DOCUMENTS
AGREEMENT
ARKANSAS STATUTORY PERFORMANCE
AND PAYMENT BOND
MAINTENANCE BOND
CONDITIONS OF THE CONTRACT
GENERAL CONDITIONS*
SUPPLEMENTARY CONDITIONS
CONSTRUCTION FORMS
SUBMITTAL RECORD
PERIODIC PAYMENT FORMS
CHANGE ORDER
CONSTRUCTION LETTER
A
C
Cl
ED
1-3
1-10
1-29
1-2
1
1
1
1-89
1-3
TABLE OF CONTENTS (Cont.)
TITLE SECTION Pages
SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS* Dl
DIVISION 2 - SITE WORK* D2
INSURANCE FORMS E
CONSTRUCTION EASEMENTS AND CONDITIONS F
VOLUME II
CONTRACT DOCUMENTS
11
I
' CITY OF FAYETTEVILLE
' INVITATION TO BID
SANITARY SEWER MAIN REPLACEMENT
WHITE RIVER WATERSHED REHABILITATION
' MINI SYSTEM 18 B/C
CONTRACT II
1 RECEIPT OF BIDS
Separate sealed bids for Sanitary Sewer Main Replacement and
' White River Watershed Rehabilitation, Mini System 18 B/C,
Contract II, in Fayetteville, Arkansas are invited and will be
received at the office of the Purchasing Officer located at
113 W. Mountain, Fayetteville, Arkansas, 72701 on or before, but
no later than 2:00 PM, Local Time, on May 31, 1995 and
immediately thereafter or as soon thereafter as is practicable
all bids received from prequalified bidders will be publicly
opened and the bid prices read aloud.
The proposed work consists of the construction of approximately
7,536 linear feet of 8 -inch diameter sewer, 940 linear feet of
12 -inch diameter sewer, 260 linear feet of 15 -inch diameter
sewer, and 375 linear feet of 16 -inch diameter sewer. The
' rehabilitation work includes replacement of approximately
49 manholes, 30 sanitary sewer line point repairs and appurtenant
work.
Sealed envelopes or packages containing bids shall be marked or
endorsed "Sanitary Sewer Main Replacement and Rehabilitation,
White River Watershed, Mini System 18 B/C, Contract II in
' Fayetteville, Arkansas."
CONTRACT DOCUMENTS
Copies of the Contract Documents are on file and are available
for inspection at the offices of RJN Group, Inc., 26 E. Meadow,
Suite C, and McClelland Consulting Engineers, Inc.,
1810 N. College Avenue, Fayetteville, Arkansas.
A pre -bid meeting shall be held at 113 W. Mountain, Fayetteville,
Arkansas, on May 24, 1995 at 1:30 p.m for all prequalified
bidders.
Said Contract Documents are by this reference incorporated into
land made a part of this Invitation to Bid and should be consulted
for full particulars.
I
I
1 Invitation to Bid
' City of Fayetteville
Sanitary Sewer Improvements
Copies of the Contract Documents required for review or bidding
purposes may be obtained only from the Office of McClelland
Consulting Engineers, Inc., 1810 N. College Avenue, Fayetteville,
Arkansas, upon payment to McClelland Consulting Engineers, Inc.,
1810 N. College, Fayetteville, Arkansas, of $70.00 in check or
money order for each set of documents obtained. The Contract
Document fee is non-refundable.
BID SECURITY
Each bid shall be accompanied by a certified check or a cashier's
check or bid bond payable to the order of the City of
Fayetteville, Arkansas in an amount not less than five percent of
the bid as a guarantee that the bidder will, within ten (10) days
after the date of the award of contract, execute an agreement and
file bonds and insurance as required by the Contract Documents if
his bid is accepted.
RIGHT TO REJECT BIDS
The Owner reserves the right to reject all bids for failure to
comply with all requirements of this notice or any of the
Contract Documents; however, the Owner may waive any minor
defects or informalities at its discretion. The Owner reserves
the right to defer the acceptance of any bid and the execution of
a contract for a period not exceeding ninety (90) days after the
date of opening of bids. Extension of time beyond the ninety
(90) day period after the date of opening of bids may be made
only by mutual agreement between the Owner, the successful bidder
and the Surety for the successful bidder.
AWARD OF CONTRACT
Unless all bids are rejected the contract award will be made to
the lowest, responsible, responsive Bidder. In determining who
is the lowest responsive; responsible bidder, the Owner will
consider all relevant factors which the Owner may consider in
determining who is the lowest responsive, responsible bidder.
Any bid may be modified or withdrawn prior to the above scheduled
time for the opening of bids. No bidder may withdraw a bid
within 90 days after the actual date of the opening thereof.
The successful bidder shall furnish an Arkansas Statutory
Performance and Payment bond, and a maintenance bond each for one
hundred (100%) percent of the Contract amount and shall file
certificates with the Owner that he has obtained and will
continue to carry Workmen's Compensation Insurance, Owner's and
Engineer's Protective Insurance, public and private liability and
property damage insurance in adequate amount and for the life of
the Contract.
Invitation to Bid 2
City of Fayetteville
Sanitary Sewer Improvements
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All questions or correspondence concerning the plans and
specifications shall be directed to the Engineer, RJN Group,
Inc., 26 E. Meadow, Suite C, Fayetteville, Arkansas 72701,
phone no. (501) 444-6119.
City of Fayetteville, Arkansas
Peaav Bates
Purchasing Officer
Publication: May 10 , 1995
May 17 , 1995
3 Invitation to Bid
City of Fayetteville
Sanitary Sewer Improvements
I
' TABLE OF CONTENTS
' FOR
INSTRUCTIONS TO BIDDERS
SUBJECT PAGE
' A EXAMINATION OF SITE 1
B EASEMENTS . . . •••1
' C EXAMINATION OF BIDDING DOCUMENTS . . . . . . . . 1
D INTERPRETATION OF CONTRACT DOCUMENTS . . . . . . 1
E MATERIAL SUBSTITUTION 2
' F APPROXIMATE QUANTITIES 2
G PREPARATION OF BID 2
H SIGNING OF BID 3
I BID SECURITY 3
J RETURN OF BID SECURITIES 3
• K AGREEMENT, BONDS, INSURANCE. . . . . . . . . . . 3
L DESIGNATION OF SUBCONTRACTORS . . . . . . . . . 3
' M BID SUBMITTAL . . . . . . . . . . . . . . . . . 4
N WITHDRAWAL OF BID . . . . . . . . . . . . . . . 4
O QUALIFICATION OF BIDDERS . a• . . . . . . . . . 4
P DISQUALIFICATION OF BIDDERS . . . . . . . . . . 5
Q PENALTY FOR COLLUSION 5
R LICENSE . a . . . 5
S PRECONSTRUCTION CONFERENCE 6
1 T BID OPENING . . . . . . . . . . . . . . . . . . 6
U AWARD OF CONTRACT aaaaa.a..a.a.a. 6
V EFFECTIVE DATE OF AWARD 7
W EXECUTION OF AGREEMENT 7
X FAILURE TO EXECUTE AGREEMENT AND FILE BONDS AND
INSURANCE . . . . . . . . . . . . . . . . . . 7
Y PAYMENT FOR EXCESS COSTS AND LIQUIDATED DAMAGES 8
' Z COMMENCEMENT AND COMPLETION OF WORK . . . . . . 8
AA INFORMATION NOT GUARANTEED . . . . . . . . . . . 8
BB COVENANT AGAINST CONTINGENT FEES . . . . . . . . 9
CC GRATUITIES . . . . . . . . . . . . . . . . . : : 9
DD SUBCONTRACTS UNDER CONSTRUCTION CONTRACTS . 10
EE PREVAILING WAGE DETERMINATION 11
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' INSTRUCTIONS TO BIDDERS
IA. Examination of Site
Before submitting his Bid, each prospective Bidder shall
familiarize himself with the Work, the site where the Work
is to be performed, local labor conditions and all laws,
regulations, and other factors affecting performance of the
Work. He shall carefully correlate his observations with
the requirements of the Contract Documents and otherwise
satisfy himself of the expense and difficulties attending
performance of the Work. The submission of a Bid will
constitute a representation of compliance by the Bidder.
' There will be no subsequent financial adjustment for lack of
familiarization.
' B. Easements
' Portions of the improvements under this project may involve
construction on private property for which easements have
been secured by the Owner. Work performed on, or use of
such easements, shall be subject to the provisions of the
' easement agreements on file and open to inspection in the
office of the Owner.
' C. Examination of Bidding Documents
Each Bidder by making his Bid represents that he has read
and understands the Bidding Documents. The Bidder shall
include in his bid prices any and all costs that may be
necessary to complete the work in accordance with the
requirements of the Contract Documents.
' D. Interpretation of Contract Documents
Questions regarding documents, discrepancies, omissions, or
intent of the Specifications or drawings shall be submitted
in writing to the Owner through the Engineer, at least ten
days prior to opening of bids to provide time for issuing
and forwarding an addendum. Any interpretation of the
Contract Documents will be made only by addendum duly issued
' or delivered by the Owner to each person receiving a set of
documents. The Owner will not be responsible for any other
explanations or interpretations of the Contract Documents.
Instructions to Bidders
City of Fayetteville
Sanitary Sewer Improvements
U1
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E. Material Substitution ,
Each Bidder shall base his Bid upon the materials and
equipment as described in the Bidding Documents. The
successful Contractor will not be allowed to make any
substitutions on his own initiative, but in each instance
will be required to obtain authorization from the Owner
before installing any work in variance with requirements of
the Contract Documents.
F. Approximate Quantities
On all items on which Bids are to be received on a unit
price basis the quantities stated in the Bid will not be
used in establishing final payment due the Contractor. The
quantities stated, on which unit prices are invited, are
approximate only. Bids will be compared on the basis of
number of units stated in the Bidding Schedule. Payment on
the Contract on unit price items will be based on the actual
number of units installed in the completed work.
G. Preparation of Bid
All prospective bidders on this Contract must be
prequalified before they will be allowed to bid.
Prequalification statements must be submitted to the Water
and Sewer Superintendent at 113 West Mountain Street,
Fayetteville, AR 72701, no later than 7 days prior to the
bid opening. These forms are available from the Water and
Sewer Operations Division, 1475 Cato Springs Road,
Fayetteville, AR 72701, requested by mail from the Water and
Sewer Maintenance Superintendent at 113 West Mountain
Street, Fayetteville, AR 72701, or requested by phone from
the Water and Sewer Operations Center at (501)575-8387.
Bids submitted by prospective bidders who have not
prequalified will be retained by the City, but not opened.
Only bids which are made out on the Bid Form included in
this document will be considered. The Bid Form must not be
separated from this document. Amounts are to be shown in
both words and figures where indicated. In case of
discrepancy between words and figures the words shall
prevail, unless it clearly appears in owner's opinion that
the words rather than the figures are in error. If any
portion of the Bid is required to be given in unit prices
and totals and a discrepancy exists between the unit price
totals, the unit prices shall prevail, unless it clearly
appears in Owner's opinion that the unit prices rather than
the total are in error. If a discrepancy exists between the
,
Instructions to Bidders
City of Fayetteville
Sanitary Sewer Improvements 2
total base Bid and the true sum of the individual Bid items,
the true sum shall prevail. A Bid will be rejected if it
does not contain a price for each and every item named in
'
the bidding schedule. Bidders are warned against making any
erasures or alterations of any kind, and Bids which contain
omissions, erasures, conditions, alterations, or additions
not called for may be rejected. If a deficiently prepared
bid is not rejected, the Owner may demand correction of any
deficiency and award the contract to the bidder upon
satisfactory compliance with the Instructions.
H. Signing of Bid
If the Bidder is a corporation, the legal name of the
corporation shall be set forth together with the signature
of the officer or officers authorized to sign contracts on
behalf of the corporation. If Bidder is a co -partnership,
' the true name of the firm shall be set forth together with
the signatures of all the partners. If Bidder is an
individual, his signature shall be inscribed. If signature
is by an agent, other than an officer of a corporation or a
' member of a partnership, a power of attorney must be on file
with the Owner prior to opening Bids or submitting Bids;
otherwise, the Bid may be regarded as irregular.
' I. Bid Security
No Bid will be considered unless accompanied by a Bid
security as defined in the Invitation to Bid, as a guarantee
that if the Bid is accepted the Bidder will execute the
Agreement and file bonds and insurance as required by the
Contract Documents within 10 days from the date of the award
of the contract. For the bid bond to be acceptable, the
name of the surety company issuing said bond shall be
licensed to do business in the State of Arkansas and shall
be included on the current U.S. Treasury list of acceptable
sureties, and the amount of the bond written by any one
acceptable company shall not exceed the amount shown on the
Treasury list for that company.
J. Return of Bid Securities
The security of the two lowest Bidders will be returned
after the execution of the agreement with the successful
' Bidder and the approval of his bonds and insurance. The
security of all other Bidders will be returned promptly
after the Bids have been opened and reviewed by the Owner.
If all Bids are rejected the securities will be returned at
the time of rejection.
3 Instructions to Bidders
'
City of Fayetteville
Sanitary Sewer Improvements
I
K. Agreement, Bonds, Insurance ,
The attention of Bidders is specifically directed to the
forms of agreement and bonds to be executed and types of
insurance to be taken out in the event a contract award is
made,
L. Designation of Subcontractors
I
Each bidder shall list on the form included in these
documents the names and addresses of all subcontractors who
will perform work or labor or render service to the Bidder
on or about the construction site in an amount in excess of
five percent of the Bidder's total base Bid. Each Bidder ,
shall show on the form the portion of the work to be done by
each subcontractor. The Contractor shall be required to
perform a minimum of thirty (30) percent of the contract
amount with his own crews.
M. Bid Submittal
Each Bid, properly signed, together with the Bid
security and all documents bound herewith, shall be
enclosed in a sealed envelope addressed and entitled as
specified in the Invitation to Bid and delivered to the
office designated in the Invitation to Bid.
Each Bidder shall submit with his Bid one copy of
Volume I of the Contract Documents with all Addendum and
the "Subcontractors" form contained in this document.
N. Withdrawal of Bid ,
Any Bid may be withdrawn at any time prior to the hour fixed
in the Invitation to Bid for the opening of Bids, provided
that a request in writing, executed by the Bidder, or his
duly authorized representative, for the withdrawal of such ,
Bid is filed with the Owner prior to the time specified for
opening of Bids. The withdrawal of a Bid will not prejudice
the right of a Bidder to file a new Bid.
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Instructions to Bidders
City of Fayetteville
Sanitary Sewer Improvements 4
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' O. Qualification of Bidders
1. It is the intention of the Owner to award a Contract
only to a Bidder who furnishes satisfactory evidence
that he has the requisite experience and ability and
' that he has sufficient capital, facilities, and plant to
enable him to prosecute the work successfully and
promptly, and to complete the work within the tine
specified in the Contract Documents.
2. Each Bidder shall submit with his Bid the executed
Bidder's "Statement of Experience" form and "Statement
1 of Commitment" form contained in this document.
3. The Owner reserves the right to require the three lowest
Bidders to file proof within seven (7) calendar days of
the Bid opening of their ability to finance and execute
the project. This proof shall include, but not be
limited to, a financial statement certified by a CPA for
' the last three years, a list of equipment owned by
Bidder, a backlog of jobs under contract and amounts,
and a record of successful completion of similar
' projects.
4. The successful bidder shall conform to the Rules and
Regulations of Arkansas Department of Finance and
Administration concerning nonresident contractor's
notice and bond requirements.
5. The prospective bidders must meet the statutorily
prescribed requirements before Award of Contract by the
Owner.
6. In order to perform public work, the successful Bidder
shall, as applicable, hold or obtain such Contractor's
and Business Licenses as required by State statutes and
the Rules and Regulations of the Arkansas Contractor's
Licensing Board.
' P. Disqualification of Bidders
More than one Bid for the same work described in this
document from an individual, firm or partnership, a
corporation or an association under the same or different
names, will not be considered. Reasonable grounds for
believing that any bidder is interested in more than one Bid
for the work contemplated will cause the rejection of all
' Bids in which such Bidder is interested. If there is
reasonable grounds for believing that collusion exists among
the Bidders, the Bids of the participants in such collusion
will not be considered.
5 Instructions to Bidders
City of Fayetteville
Sanitary Sewer Improvements
I
Q. Penalty for Collusion I
If at any time it shall be found that the person, firm, or
corporation to whom the contract has been awarded has, in
presenting any Bid or Bids, colluded with any other party or
parties, then the Contract so awarded shall be null and
void, and the Contractor and his sureties shall be liable to
the Owner for all loss or damage which the Owner may suffer
thereby, and the Owner may advertise for new Bids for said
work.
R. License
Each Bidder shall possess state and local licenses as are
required by law, and shall furnish satisfactory proof to the
Owner upon request that the licenses are in effect during
the entire period of the Contract.
S. Preconstruction Conference
A preconstruction conference shall be held after the time of
the Contract award and before the Notice to Proceed to
discuss the responsibility of each party in the project and
to clarify any questions. Representatives of the Contractor
shall be required to attend the conference.
T. Bid Opening '
Bids will be opened and the prices bid will be read aloud
publicly at the time and place indicated in the Invitation '
to Bid. Bidders or their agents are invited to be present.
U. Award of Contract ,
1. The Owner shall award a contract to the Bidder whom, in
the Owner's judgement, is the lowest responsive,
responsible Bidder. The Owner reserves the right to
reject all Bids, to waive informalities, and to reject
nonconforming, nonresponsive, or conditional Bids.
2. In evaluating Bids, Owner shall consider the
qualifications of the Bidders whether or not the Bids
comply with the prescribed requirements, and
alternatives and unit prices if requested in the Bid
Form. Owner may consider the qualifications and ,
experience of subcontractors and other persons and
Instructions to Bidders
City of Fayetteville
Sanitary Sewer Improvements 6
I
organizations (including those who are to furnish the
principal items of material or equipment), and may
reject the Bid of any Bidder who does not pass any such
evaluation to Owner's satisfaction.
3. A responsive Bidder shall be one who has responded
accurately to all requirements of these Contract
Documents and the preparation and submission of his Bid.
If any alterations, erasures or changes are made to the
printed Bid Form, the Bid shall be considered
nonresponsive.
4. The Owner reserves the right to accept and incorporate
' corrections, clarifications or modifications following
bid opening when to do so would not, in the Owner's
opinion, prejudice the bidding process or create any
' improper advantage to any bidder; and to waive
irregularities and informalities in any proposal
submitted or in the bidding process; provided, however,
that the waiver of any prior defect or informality shall
not be considered a waiver of any future or similar
defects or informalities and bidders should not rely
upon, or anticipate, such waivers in submitting their
' proposals.
5. If the Contract is awarded, Owner shall give the
apparent successful Bidder a Notice of Award within 90
'days after date of the Bid Opening.
V. Effective Date of Award
If a Contract is awarded by the Owner, such award shall be
effective when formal notice of such award, signed by the
authorized representative of the Owner, has been delivered
to the intended awardee, by some officer or agent of the
Owner duly authorized to give such notice or received by
mail at the main business address shown on his Bid.
W. Execution of Agreement
' Contractor shall deliver a signed Contract to the Owner
within seven days of bid opening. Contractor must submit
required bonds and insurance within ten days of Notice of
Award by the City. Effective date of bonds shall be the
same or later than the date of the Agreement. The Owner has
ten days from receipt of acceptable performance bonds and
Agreement (signed by the Contractor) to sign the Agreement
and return to the Contractor an executed duplicate of the
Agreement.
1
7 Instructions to Bidders
City of Fayetteville
Sanitary Sewer Improvements
I
X. Failure to Execute Agreement and File Bonds and Insurance I
Failure of a successful Bidder to execute the Agreement and
file required bonds and insurance within the required time
shall be just cause for the annulment of the awards. On
failure of a successful Bidder to execute the Agreement and ,
file the required bonds and insurance within the required
time, he shall
forfeit his Bid
security as
agreed
hereinbefore.
Upon annulment
of an award
as aforesaid, the
Owner may then award a Contract to the next lowest
responsible Bidder.
Y. Payment for Excess Costs and Liquidated Damages
The successful Contractor will be required to pay for excess ,
cost of field engineering and inspection and liquidated
damages as defined in the General Conditions of the
Contract, if extensions of time are granted by Owner because
of avoidable delays as defined in the General Conditions of
the Contract.
Z. Commencement and Completion of Work
The Notice to Proceed shall be issued within ten days of the
execution of the Agreement by the owner.
The successful Bidder shall commence work within ten ,
calendar days from and after the issuance by the Owner of a
written Notice to Proceed, shall substantially complete all
work in accordance with the terms and conditions of the
Contract Documents no later than December 15, 1995, and
shall complete all work in accordance with the terms and
conditions of the Contract Documents no later than
December 29, 1995. The Notice to Proceed will be issued
after receipt of acceptable insurance, bonds, and other
required items.
AA. Information Not Guaranteed
1. All information given on the Drawings or in the other
Contract Documents relating to subsurface and other
conditions, natural phenomena, existing pipes, and other
structures is from the best sources at present available
to the Owner. All such information is furnished only
for the information and convenience of bidders and is
not guaranteed.
Instructions to Bidders
City of Fayetteville
Sanitary Sewer Improvements 8
Li
' 2. It is agreed and understood that the Owner does not
warrant or guarantee that the subsurface or other
conditions, natural phenomena, existing pipes or other
' structures encountered during construction will be the
same as those indicated on the Drawings or in the other
Contract Documents.
3. It is agreed further and understood that no bidders or
contractor shall use or be entitled to use any of the
information made available to him or obtained in any
' examination made by him in any manner as a basis of or
ground for any claim or demand against the Owner or the
Engineer, arising from or by reason of any variance
' which may exist between the information made available
and the actual subsurface or other conditions, natural
phenomena, existing pipes or other structures actually
encountered during the construction work, except as may
otherwise be expressly provided for in the Contract
Documents.
BB. Covenant Against Contingent Fees
' The contractor warrants that no person or selling agency has
been employed or retained to solicit or secure this contract
' upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee. For breach or
violation of this warranty the owner shall have the right to
annul this contract without liability or in its discretion
to deduct from the contract price or consideration, or
otherwise recover, the full amount of such commission,
percentage, brokerage, or contingent fee.
CC. Gratuities
1. The owner may, by written notice to the contractor,
terminate the right of the contractor to proceed under
' this contract if it is found, after notice and hearing,
by the owner that gratuities (in the form of
entertainment, gifts, or otherwise) were offered or
given by the contractor or any agent or representative
of contractor, to any official or employee of the Owner
with a view toward securing a contract or securing
favorable treatment with respect to the awarding or
' amending, or the making of any determinations with
respect to the performance of this contract: Provided,
that if the existence of the facts upon which the Owner
' makes such findings are in issue, they may be reviewed
in proceedings pursuant to Article 30 (Arbitration) of
the General Conditions of this contract.
9 Instructions to Bidders
' City of Fayetteville
Sanitary Sewer Improvements
I
2. In
the event
this
contract is
terminated
as
provided in I
the
paragraph
(1)
above, the
owner shall
be
entitled:
a) to pursue the same remedies against the contractor
as it could pursue in the event of a breach of the
contract by the contractor, and
b) as a penalty in addition to any other damages to
which it may be entitled by law, to exemplary
damages in an amount (as determined by the Owner)
which shall be not less than three nor more than
ten times the costs incurred by the contractor of
providing any such gratuities to any such officer
or employee.
3. The rights and remedies of the owner provided in this
clause shall not be exclusive and are in additions to
any rights and remedies provided by law or under this
contract.
DD. Subcontracts Under Construction Contracts ,
The award or execution of all subcontracts by a prime ,
contractor and the procurement and negotiation procedures
used by such prime contractor in awarding or executing such
subcontracts shall comply with:
1. All provisions of State and local law;
2. All provisions of these General Conditions with respect ,
to fraud and other unlawful or corrupt practices; and
3. All provisions of these General Conditions with respect '
to access to facilities and records and audit of
records.
EE. Prevailing Wage Determination
Arkansas Prevailing Wage Determination Number 94-210
establishes the minimum wage rates to be paid on this
project. This Determination is included in these Contract
Documents and is a part thereof. These rates were
established pursuant to the Arkansas Prevailing Wage Law,
Arkansas Code Ann. SS22-9-301 to 22-9-313 (1987) and the
administrative regulations promulgated thereunder. The
Contractor shall post this Determination at the job site in
a prominent and easily accessible place.
Instructions to Bidders
City of Fayetteville
Sanitary Sewer Improvements 10 ''
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' The "Statement of Intent to Pay Prevailing Wages" shall be
completed by the Contractor and returned to the Arkansas
Department of Labor within 30 days of the Notice to Proceed.
END OF INSTRUCTIONS TO BIDDERS SECTION
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11 Instructions to Bidders
' City of Fayetteville
Sanitary Sewer Inprovements
I
Page 1 of 2 ARKANSAS DEPARTMENT OF LABOR
PREVAILING WAGE DETERMINATION - HEAVY RATE
DATE: February 17, 1995 DETERMINATION #: 94-210
PROJECT: Sewer Rehabilitation COUNTY: Washington
White River Watershed EXPIRATION DATE: 8-17-95
Mini System 18 B/C SURVEY #: AH05
Contract II
Fayetteville, Arkansas
BASIC
HOURLY FRINGE
CLASSIFICATION RATE BENEFITS
Bricklayer/Stonemason- 7.20
Carpenter 7.20
Concrete Finisher/Cement Mason 8.00
Electrician 12.00 .46
Laborer 6.75
Mechanic 6.90
Pipelayer 7.00
Power Equipment Operators: -
Group II 8.95
Group III 8.70 '
Group IV 8.10
Welders --receive rate prescribed for craft performing operation
to which welding is incidental.
CERTIFIED ,
JULY 1, 1994
Classifications that are not listed, but that are going to be
working on this project, should be requested from the Arkansas
Department of Labor, Prevailing Wage Division. These written
requests should be made as soon as you notice that a required
classification is missing, normally this would be during the bid
process.
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Instructions to Bidders
City of Fayetteville
Sanitary Sewer Improvements 12
' Page 2 of 2
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ARKANSAS DEPARTMENT OF LABOR
PREVAILING WAGE DETERMINATION - HEAVY RATE
DATE: February 17, 1995
PROJECT: Sewer Rehabilitation
White River Watershed
Mini System 18 B/C
Contract II
Fayetteville, Arkansas
Power Equipment Operators:
DETERMINATION #: 94-210
COUNTY: Washington
EXPIRATION DATE: 8-17-95
Group II
Operators engaged in operating the following equipment or
performing work relative to the engineer's jurisdiction:
Hydraulic cranes, cherry pickers, backhoes, and derricks with a
lifting capacity less than 50 tons, as specified by the
manufacturer, backhoes, tractor or truck type, overhead &
traveling cranes, or tractors with swinging boom attachments,
gradealls above equipment irrespective of motive power, leverman
(engineer), hydraulic or bucket dredges, irrespective of size.
Group III
Heavy Equipment Operators. Operators engaged in operating the
following equipment: bulldozers, front end loaders, sidebooms,
skytracks, push tractors, pull scrapers, motor graders,
trenching machines, regardless of size or motive power,
backfillers, central mixing plants, 10S and larger, finishing
machines, boiler fireman high or low pressure, asphalt spreaders,
hydro truck crane, multiple drum hoist, irrespective of motive
power, rotary, cable tool, core drill or churn drill, water well
and foundation drilling machines, regardless of size, regardless
of motive power and dredge tender operator.
Group IV
Light Equipment Operators. Operators engaged in operating the
following equipment: Oilerdriver motor crane, single drum
hoists, winches and air tuggers, irrespective of motive power,
winch or A frame trucks, forklifts, rollers of types and pull
tractors, regardless of size, elevator operators inside and
outside when used for carrying workmen from floor to floor and
handling building material, Lad-A-Vator, conveyor, batch plant,
and mortar or concrete mixers, below 105, end dump euclid,
pumperete, spray machine and pressure grout machine, air
compressors, regardless of size. All light equipment, welding
machines, light plants, pumps, well point system dewatering and
portable pumps space heaters, irrespective of size, and motive
power, equipment greaser, oiler, mechanic helper, drilling
machine helper, asphalt distributor and like equipment, safety
boat operator and deckhand.
13 Instructions to Bidders
City of Fayetteville
Sanitary Sewer Improvements
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CITY OF FAYETTEVILLE, AR
BID
SANITARY SEWER MAIN REPLACEMENT
AND REHABILITATION
WHITE RIVER WATERSHED
MINI SYSTEM 18 B/C
Name of
Bidder
H.M.G.
Inc.
Business
Address
812 N.
Elm Street
Greensboro. N. C.. 27401
Date May 31. 1995
To: The City of Fayetteville, AR
The undersigned, as Bidder, declares that the only person or
parties interested in this Bid as principals are those named
herein; that this Bid is made without collusion with any person,
firm or corporation; that he has carefully examined the location
of the proposed work, the proposed forms of Agreement and Bonds,
and the Contract Drawings and Specifications for the above
designated work, all other documents referred to or mentioned in
the Contract Documents, the Contract Drawings and Specifications,
including Addenda Nos. 1 _ , and issued thereto; and
he proposes and agrees if this bid is accepted that he will
contract with the City of Fayetteville, AR, in the form of the
copy of the Agreement included in these Contract Documents, to
provide all necessary machinery, tools, apparatus, and other
means of construction, including utility and transportation
services necessary to do all the work and furnish all materials
and equipment specified or referred to in the Contract Documents,
in the manner and time therein prescribed and according to the
requirements of the City of Fayetteville, AR as therein set forth
to furnish the Contractor's Bonds and Insurance, and to do all
other things required of the Contractor by the Contract
Documents, and that he will take in full payment therefor the
sums set forth in the following Bid Schedule.
I. BID SCHEDULE
Bidder agrees
to
perform all the
work described in the Contract
'
Document for
the
following unit
prices.
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Note: Bids shall include sales tax and all other
applicable taxes.
City of
Sanitary Sewer
Bid
Fayetteville
Improvements
II
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SANITARY SEWERLINE POINT REPAIRS
(per Section D2-11)
' JOB.
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
1 2000 1 LS Point Repair (Sh. 13) 80 LF
6" DIP Sewer Pipe,
' Service Lateral, Clay Dam
Ten Thousand
Dollars &
No Cents per LS $10,000.00 $ 10,000,00
2001 1 LS Point Repair (Sh. 13) 10 LF
' 6" PVC Sewer Pipe
Two Thousand
' Dollars &
No Cents per LS $ 2,000,00 $ 2,000,00
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2002 1 LS Point Repair (Sh. 13) 15 LF
' 6" PVC Sewer Pipe
Two Thousand Five
' Hundred Dollars &
No Cents per LS $_2,500.00 $_2500.00
2003 1 LS Point Repair (Sh. 13) 10 LF
I8" PVC Sewer Pipe, Clay Dam
Two Thousand
Dollars &
No Cents per LS $_2.000.O0 $_2,000.00
' 2 Bid
City of Fayetteville
'
Sanitary Sewer Improvements
II
' JOB.
NO./
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
' 2004
' 2005
1
2006
2007
1
1
' 2008
1
1 LS Point Repair (Sh. 13) 30 LF
8" PVC Sewer Pipe,
Service Lateral, Clay Dam
Five Thousand
Dollars &
No Cents per LS $_5.000.00 $_5O00.00
1 LS Point Repair (Sh. 13) 15 LF
8" PVC Sewer Pipe, Service Lateral
Two Thousand Five
Hundred Dollars &
No Cents per LS $_2,500.00 $_2,500.00
1 LS Point Repair (Sh. 13) 20 LF
8" PVC Sewer Pipe
Two Thousand Five
Hundred Dollars &
No Cents per LS $_2,500.00 $ 2,500.00
1 LS Point Repair (Sh. 13) 80 LF
8" PVC Sewer Pipe, Clay Dam
Nine Thousand
Dollars &
No Cents per LS $_9,000.00 $_9,000.00
1 LS Point Repair (Sh. 13) 20 LF
8" PVC Sewer Pipe,
Service Lateral, Clay Dam
Two Thousand Five
Hundred Dollars &
No Cents per LS $_2,500.00 $_2,500.00
3 Bid
City of Fayetteville
Sanitary Sewer Improvements
II
' JOB.
NO./
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
2009 1 LS Point Repair (Sh. 14) 10 LF
' 8" PVC Sewer Pipe, Clay Dam
Two Thousand
Dollars &
No Cents per LS $_2.000.00 $ 2.000.00
2010 1 LS Point Repair (Sh. 14) 11 LF
' 8" PVC Sewer Pipe
Two Thousand
Dollars &
No Cents per LS $_2,000.00 $_2.000.00
2011 1 LS Point Repair (Sh. 14) 30 LF
8" PVC Sewer Pipe, Clay Dam
Three Thousand Five
' Hundred Dollars &
No Cents per LS $_3,500.00 $_3500.00
2012 1 LS Point Repair (Sh. 14) 15 LF
' 8" PVC Sewer Pipe
Two Thousand Five
Hundred Dollars &
No Cents per LS $_2.500.00 $_2,500.00
' 2013 1 LS Point Repair (Sh. 14) 5 LF
8" PVC Sewer Pipe, Service Lateral
Two Thousand
' Dollars &
No Cents per LS $_2,000.00 $_2,000.00
' 4 Bid
City of Fayetteville
'
Sanitary Sewer Improvements
I
' JOB.
NO. /
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
2014 1 LS Point Repair (Sh. 14) 15 LF
6" PVC Sewer Pipe, Clay Dam
Two Thousand
' Dollars &
No Cents per LS $_2,000.00 $ 2,000.00
2015 1 LS Point Repair (Sh. 14) 10 LF
6" PVC Sewer Pipe, Service Lateral
Two Thousand
Dollars &
' No Cents per LS $_2.000.O0 $_2.000.O0
2016 1 LS Point Repair (Sh. 14) 20 LF
' 6" PVC Sewer Pipe, Service Lateral
Two Thousand Five
' Hundred Dollars &
No Cents per LS $_2.500.00 $_2,500.00
2017 1 LS Point Repair (Sh. 14) 10 LF
6" PVC Sewer Pipe
Two Thousand
' Dollars &
No Cents per LS $_2,000.00 $_2,000.00
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2018 1 LS Point Repair (Sh. 14) 15 LF
' 12" PVC Sewer Pipe
Deleted
Dollars &
Cents per LS $Deleted $ Deleted
5 Bid
City of Fayetteville
Sanitary Sewer Improvements
JOB.
NO./
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
2019 1 LS Point Repair (Sh. 15) 15 LF
' 8" PVC Sewer Pipe, Clay Dam
Two Thousand Five
Hundred Dollars &
No Cents per LS $_2,500.00 $_2,500.00
2020 1 LS Point Repair (Sh. 15) 80 LF
' 8" PVC Sewer Pipe
Eight Thousand
Dollars &
No Cents per LS $_8,000.00 $_8,000.00
1
2021 1 LS Point Repair (Sh. 15) 20 LF
• 8" PVC Sewer Pipe,
Service Lateral, Clay Dam
' Two Thousand Five
Hundred Dollars &
' No Cents per LS $_2,500.00 $_2.500.0O
2022 1 LS Point Repair (Sh. 15) 8 LF
8" PVC Sewer Pipe
Two Thousand
Dollars &
No Cents per LS $_2,000.00 $ 2.000.00
2023 1 LS Point Repair (Sh. 15) 10 LF
8" PVC Sewer Pipe
Two Thousand
Dollars &
No Cents per LS $_2,000.00 $_2.000.00
6 Bid
City of Fayetteville
Sanitary Sewer Improvements
I
' JOB.
NO. /
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
2024 1 LS Point Repair (Sh. 15) 20 LF
12" PVC Sewer Pipe
Four Thousand
' Dollars &
No Cents per LS $ 4.000.00 $ 4.000.00
2025 1 LS Point Repair (Sh. 15) 10 LF
15" PVC Sewer Pipe
' Three Thousand
Dollars &
' No Cents per LS $ 3.000.00 $ 3.000.00
' 2026 1 LS Point Repair (Sh. 15) 15 LF
12" PVC Sewer Pipe
Three Thousand
Dollars &
No Cents per LS $ 3.000.00 $ 3,000.00
2027 1 LS Point Repair (Sh. 15) 25 LF
' 10" PVC Sewer Pipe
Three Thousand
Dollars &
No Cents per LS $_3,000.00 $_3,000.00
2028 1 LS Point Repair (Sh. 15) 30 LF
6" PVC Sewer Pipe,
' 10 LF of Concrete Encasement
Five Thousand
Dollars &
No Cents per LS $_5,000.00 $_5,000.00
' 7 Bid
City of Fayetteville
Sanitary Sewer Improvements
I
' JOB.
NO./
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
2029 1 LS Point Repair (Sh. 15) 10 LF
' 6" PVC Sewer Pipe
Two Thousand Five
' Hundred Dollars &
No Cents per LS $_2,500.00 $_2.500.00
2A1 25 LF Additional 6 -inch diameter pipe installed
complete in place, including backfill
material, service connections, compaction,
and surface restoration in paved and non -paved
areas per Section D2-11.
One Hundred
Dollars &
' No Cents per LF $ 100.00 $ 2.500.00
2A2 100 LF Additional 8 -inch diameter pipe installed
complete in place, including backfill
material, service connections, compaction,
and surface restoration in paved and non -paved
' areas per Section D2-11.
One Hundred
' Dollars &
No Cents per LF $ 100.00 $_10.000.00
2A3 25 LF Additional 12 -inch diameter pipe installed
complete in place, including backfill
' material, service connections, compaction,
and surface restoration in paved and non -paved
areas per Section D2-11.
' One Hundred
Dollars &
No Cents per LF $ 100.00 $ 2,500.00
SUBTOTAL POINT REPAIRS $111,000.00
One Hundred Eleven Thousand Dollars
and No Cents
(in writing)
8 Bid
' City of Fayetteville
Sanitary Sewer Improvements
I
' CONSTRUCTION OF SANITARY SEWERS
(Per Section D2-13)
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
3A1 50 LF 6" PVC Sewer Pipe, 0'-6' Deep
Eighty
Dollars &
No Cents per LF $ 80.00 $_4,000.00
381 3,009 LF 8" PVC Sewer Pipe, 0'-6' Deep
Ninety Three
' Dollars &
Thirty Cents per LF $ 93.30 $280.739.70
3B2 2,403 LF 8" PVC Sewer Pipe, 6'-10' Deep
Ninety Four
Dollars &
Thirty Cents per LF $ 94.30 $226.602.90
1
3C1 12 LF 10" PVC Sewer Pipe, 6'-10' Deep
Three Hundred
' Dollars &
No Cents per LF $_300.00 $_3,600.00
3D1 304 LF 12" PVC Sewer Pipe, 0'-6' Deep
One Hundred Twenty
Dollars &
No Cents per LF $ 120.00 $_36,480.00
9 Bid
City of Fayetteville
Sanitary Sewer Improvements
' JOB.
NO. /
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
3D2 399 LF 12" PVC Sewer Pipe, 6'-10' Deep
1 One Hundred Five
' Dollars &
No Cents per LF $ 105.00 $_41,895.00
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3E1 240 LF 15" PVC Sewer Pipe, 0'-6' Deep
1 Deleted
1 Dollars &
Cents per LF $Deleted $Deleted
3E2 20 LF 15" PVC Sewer Pipe, 6'-10' Deep
1 Deleted
Dollars &
Cents per LF $Deleted $Deleted
3F1 1,652 LF 8" D.I. Sewer Pipe, 0'-6' Deep
' One Hundred
' Dollars &
No Cents per LF $_100.00 $165.200.00
3F2 207 LF 8" D.I. Sewer Pipe, 6'-10' Deep
' One Hundred Two
Dollars &
' No Cents per LF $_102.00 $_21,114.00
10 Bid
' City of Fayetteville
Sanitary Sewer Improvements
' JOB.
NO./
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
3F3 55 LF 8" D.I. Sewer Pipe
in 14" Bored Casing
Two Hundred Fifty
Dollars &
No Cents per LF $_250.00 $ 13.750.00
3G1 237 LF 12" D.I. Pipe, 0'-6'Deep
One Hundred Twenty
Five Dollars &
' No Cents per LF $_125.00 $_29.625.00
3H1 275 LF 16" D.I. Pipe, 0'-6'Deep
Deleted
' Dollars &
Cents per LF $Deleted $Deleted
1
3H2 10 LF 16" D.I. Pipe, 6'-10' Deep
Deleted
Dollars &
Cents per LF $Deleted $Deleted
1
3H3 90 LF 16" D.I. Pipe
' in 30" Bored Casing
Deleted
' Dollars &
Cents per LF $Deleted $Deleted
11 Bid
City of Fayetteville
Sanitary Sewer Improvements
' JOB.
NO./
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
3I1
1
I
3I1.1
3I2
' 3I2.1
3I3
I
33 EA 48" Standard Manhole,
0'-6'
Deep
Two Thousand
Dollars &
No Cents per EA
$
2.000.00
$_66.000.00
24 LF 48" Standard Manhole,
Extra Depth over 6'
One Hundred
Dollars &
No Cents per LF
$
100.00
$ 2.400.00
3 EA 48" Drop Manhole
Two Thousand Five
Hundred Dollars &
No Cents per EA
$
2.500.00
$ 7.500.00
4 LF 48" Drop Manhole,
Extra Depth over 6'
One Hundred
Dollars &
No Cents per LF
6 EA Shallow Manhole
Two Thousand
Dollars &
$ 100.00 $ 400.00
No Cents per EA $ 2,000.00 $ 12.000.00
12 Bid
City of Fayetteville
Sanitary Sewer Improvements
' JOB,
NO, /
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
3J1 175 EA 4" Service Connection
One Hundred Fifty
' Dollars &
No Cents per EA $ 150.00 $ 26,250,00
3J2 5 EA 6" Service Connection
Two Hundred
Dollars &
No Cents per EA $ 200,00 $_1,000.00
3J3 775 LF 4" PVC Service Line
' Ten
Dollars &
No Cents per LF $ 10.00 $ 7,750.00
3J4 40 LF 6" PVC Service Line
Twenty
Dollars &
No Cents per LF $ 20.00 $ 800.00
' 3J5 60 EA Service Cleanout
' One Hundred
Dollars &
No Cents per EA $ 100,00 $_6,000.00
13 Bid
City of Fayetteville
'
Sanitary Sewer Improvements
I
JOB.
NO,/
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
3E1 105 LF Sidewalk Repair
' Eight
' Dollars &
No Cents per LF $ 8,00 $ 840,00
3L1 345 LF Curb & Gutter Repair
Twelve
Dollars &
No Cents per LF $ 12.00 $ 4,140,00
3M1 455 LF Concrete Driveway Repair
' Fifteen
' Dollars &
No Cents per LF $ 15,00 $_6.825.00
3N1 6,200 LF Asphalt Street Repair
' Fifteen
Dollars &
No Cents per LF $ 15.00 $ 93,000,00
3N2 356 LF Concrete Street Repair
' Fifteen
Dollars &
No Cents per LF $ 15.00 $ 5,340,00
14 Bid
City of Fayetteville
Sanitary Sewer Improvements
JOB.
NO./
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
301 37 CY Concrete Encasement
One Hundred Fifty
' Dollars &
No Cents per CY $ 150.00 $ 5.550.00
3P1 280 CY Rock Excavation
' Seventy
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Dollars &
No Cents per CY $ 70.00 $_19,600.00
1
3Q1 26 EA Clay Dams
' Two Hundred
' Fifty Dollars &
No Cents per EA $ 250.00 $ 6.500.00
3R1 3,844 LF Trench Safety
No Dollars &
Fifty Cents per LF $ .50 $_1.922.00
1
3S1 50 CY Trench Foundation Material
Fifteen
Dollars &
No Cents per CY $ 15.00 $ 750.00
15 Bid
City of Fayetteville
Sanitary Sewer Improvements
I
' JOB,
NO. /
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
3S2 3 EA Construct New Bench & Trough
' Five Hundred
Dollars &
No Cents per EA $ 500.00 $ 1,500.00
' SUBTOTAL CONSTRUCTION OF SANITARY SEWERS $ 1,099,073.60
' One Million, Ninety -Nine
Thousand, Seventy -Three
Dollars and Sixty Cents
(in writing)
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P.
16 Bid
City of Fayetteville
'
Sanitary Sewer Improvements
GENERAL ITEMS
PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT
ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID
4A 1 LS Surface Video Documentation
per Section D1-3.
Ten Thousand
Dollars &
No Cents per LS $10.000.00 $_101000.00
5A 12 EA Exploratory Excavations
per Section D1-1.
Six Hundred
Dollars &
No Cents per EA $_600.00 $ 7.200.00
6A 4 EA Abandon Manholes
per Section D2-13.
' Two Hundred Fifty
Dollars &
'
No Cents per EA $ 250.00 $ 1,000.00
7A 80 EA Trench Compaction Tests
Per Section D2-10
Thirty Five
Dollars &
No Cents per EA $ 35.00 $ 2,800.00
8A 1,218 LF Grout and Test Joints
• Segments 528-527, 529-528,
140-140A Per Section D2-18
' Deleted
Dollars &
Cents per LF $Deleted $Deleted
SUBTOTAL GENERAL ITEMS $21.000.00
' Twenty One Thousand Dollars and
No Cents
(In Writing)
17 Bid
City of Fayetteville
Sanitary Sewer Improvements
RECAPITULATION
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TOTAL POINT REPAIR $ 111.000.00
TOTAL CONSTRUCTION OF SEWERS $ 1.099.073.60
TOTAL GENERAL ITEMS $ 21.000.00
TOTAL AMOUNT BID $One Million. Two Hundred
Thirty -One Thousand. Seventy -
Three Dollars and Sixty Cents $_1.231.072.60
(IN WRITING)
it is understood and agreed by the undersigned that the Owner reserves the
unrestricted privilege to reject any or all the foregoing unit prices in
this paragraph which it may consider excessive or unreasonable, or to
accept any or all of them as unit prices applicable in the event additions
to or deduction from the work to be performed on this project are ordered
by the Owner. Rejection at any time of such Unit Prices for Construction
changes shall not otherwise affect the balance of the Bid or Construction
Contract. The selection of the lowest bid shall be based on the total
amount bid including alternate bid items.
M
City of
Sanitary Sewer
Bid
Fayetteville
Improvements
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II. BID CONDITIONS
It is expressly understood and agreed that the preceding total
Bid is the basis for establishing the amount of the Bid security
on this Bid for Sanitary Sewer Main Replacement and
Rehabilitation, White River Watershed, Mini System 18 B/C, for
the City of Fayetteville, AR, and that this total Bid is not to
be construed to be a Lump Sum Bid.
It is further understood that quantities in the bidding schedule
for unit price items are approximate only, and that payment of a
Contract will be made only on the actual quantities of work
completed in place, measured on the basis defined in the General
Conditions, Specifications, or other Contract Documents.
There shall be no measurement or separate payment for any items
not listed and all costs pertaining thereto shall be included in
the unit prices for other items listed in the Proposal.
The undersigned has carefully checked the above bidding schedule
against the Contract Drawings, Specifications, and other Contract
Documents before preparing this Bid and accepts the said
quantities to be substantially correct, both as to classification
and amount, and as correctly listing the complete work to be done
in accordance with the Contract Drawings, Specifications, and
other Contract Documents.
If this Bid is accepted and the undersigned shall fail to
contract as aforesaid and to give the Performance Bond, Labor and
Material Bond, and Maintenance Bond required by the Conditions of
Contract or by law, and to provide all insurance as required by
the Contract Documents within ten (10) days after the date of the
notice of award of the Contract, the Owner may, at his option,
determine that the Bidder has abandoned his Contract, and
thereupon this proposal and the acceptance thereof shall be null
and void, and the forfeiture of such security accompanying this
proposal shall operate and the same shall be the property of the
Owner as liquidated damages.
The undersigned agrees to fully complete all work covered by this
Bid to the point of substantial completion no later than
November 30, 1995. The undersigned further agrees to fully
complete all work covered by this Bid to the point of final
acceptance by the Owner no later than December 29, 1995. If the
undersigned fails to complete the work within the contract time,
or extension of time granted by the Owner for unavoidable delays,
then the undersigned shall pay to the Owner liquidated damages
for each calendar day beyond the day stipulated in the Contract
Documents.
19 Bid
City of Fayetteville
Sanitary Sewer Improvements
I
• By submission of this Bid, the undersigned certifies, and in the
case of a joint bid, each party thereto certifies as to his own
organization, that in connection with the proposal:
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A. The prices in the proposal have been arrived at
independently, without consultation, communication, or
agreement, for the purpose of restricting competition, as to
any matter relating to such prices with any other bidder or
with any competitor;
B. Unless otherwise required by law, the prices which have been
quoted in the bid have not knowingly been disclosed by the
Bidder prior to opening, directly or indirectly to any other
Bidder or to any competitor; and,
C. No attempt has been made or will be made by the Bidder to
induce any other person or firm to submit or not submit a
bid for the purpose of restricting competition.
D. He is the person in the Bidder's
within that organization for the
being bid and shall also certify
participated, and will not parti
contrary to Paragraphs A through
organization responsible
decision as to the prices
that he has not
cipate in any action
C above.
E. He is not the person in the Bidder's organization
responsible within that organization for the decision as to
the prices being bid but that he has been authorized to act
as agent for the persons responsible for such decision in
certifying that such persons have not participated, and will
not participate, in any action contrary to Paragraphs A
through C above, and as their agent shall so certify; and
shall also certify that he has not participated, and will
not participate in any action contrary to Paragraphs A
through C above.
20 Bid
City of Fayetteville
Sanitary Sewer Improvements
III. BID SECURITY /
Accv o np, Paying this Bid is a 6, rI /3ad{ in the amount of
f 5 v id Dollars.
($ )
Note: The total amount of Bid security shall be based on the
Total Bid of this Contract.
IV. BIDDER'S SIGNATURE
A. An Individual
By (SEAL)
(Individual's Name)
doing business as
Business address:
Phone No.:
B. A Partnership
By
(Firm Name) (SEAL)
eneral Pa
Business address:
Phone No.:
21 Bid
City of Fayetteville
Sanitary Sewer Improvements
I
C. A Corporation
By N.M GSh�
( orporatioi
No )Wf CurCI /bA
(State
' By of Incor
O•
r (Name of Person Auth
■ �humu7 o- V
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(Title
on
(Corporate Seal)
Attest f,C9.yI Ce.a
SfT4 Secretary))
Business address: Q 12 N -(/n. Slnfi)y
l %��%e f InS GUYv N.6. 2440/
Phone No.: (91o) 2746765
D. A Joint Venture k- K q" s 5 r LNeat 0 tS S7o 4 c
By
(Name)
QI
(Each joint venturer
individual, partners
joint venture should
Subscribed and sworn
1995
(Address)
(Address)
must sign. The manner of signing for each
hip and corporation that is a party to the
be in the manner indicated above).
to before me this 3111 day of
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My Commission Expires December 3), 199$
22 Bid
City of Fayetteville
Sanitary Sewer Improvements
I
'BID BOND
(FIVE PERCENT)
' KNOW ALL MEN BY THESE PRESENTS, That we
(hereinafter /called//t
l7'he Principal) and h'
cy,d 1 A.Gw!, Wmpk^ti
(hereinafter called the S ety), a corporatiol} cbartered and
existing under the laws of the State Qy�,f f1GrvfQnd
with its principal office in City of f1vJf,in^ufe &jer'JAMI/
' and authorized to do business in the State of 'Arka�isas are held
and firmly bound unto the City of Fayetteville, Arkansas
her inafter called the Owner), in the full and just sum of
' �jve lrrrci4 'f 1kr Al Dollars ($ 5% ) good and
lawful money of the United States of America, to be paid upon
demand of the Owner, to which payment well and truly to be made,
t the Principal and the Surety bind themselves, their heirs,
executors, administrators, and assigns, jointly and severally and
firmly by the presents.
' WHEREAS, the Principal is about to submit, or has submitted to
the Owner, a Bid for furnishing all labor, materials, equipment
and incidentals necessary to perform Sewer Improvements for the
City of Fayetteville, as described in these Contract Documents,
WHEREAS, the Contractor desires to file this bond in accordance
with law, in lieu of a certified bidder's check otherwise
required to accompany this Bid.
NOW, THEREFORE: The conditions of this obligation are such that
if the Bid be accepted, the Principal shall, within ten (10) days
after the date of the receipt of a written notice of award of
contract, execute a contract in accordance with the Bid and upon
the terms, conditions and price(s) set forth therein, of form and
manner required by the Owner, and execute a sufficient and
satisfactory contract, Arkansas Statutory Performance and Payment
Bond, payable to the Owner, in an amount of One Hundred Percent
' (100%) of the total Contract price in form and with security
satisfactory to said Owner, then this obligation to be void;
otherwise to be and remain in full force and virtue in law; and
' the Surety shall, upon failure of the Principal to comply with
any or all of the foregoing requirements within the time
specified above, immediately pay to the aforesaid Owner, upon
demand, the amount hereof in good and lawful money of the United
States of America not as a penalty but as liquidated damages.
Surety companies executing Bonds must hold Certificates of
' Authority as Acceptable Sureties, must appear on the Treasury
Department's most current list (Circular 570 as amended), and be
authorized to transact business in the State where the Project is
' located.
1
1 Bid Bond
' City of Fayetteville
Sanitary Sewer Improvements
IN TESTIMONY THEREOF, the Principal and Surety have caused these
presents to be duly signed and sealed this (ri _ day of
(,10 , 199.
Principal
°M1
vv%xjL3
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rl-S
J`�
1AlxdIrr5Un /
(Seal)
Surety / r
1 -
(Seal) /crrcy �w Fact
Countersigned � L Cc -'--(Y / 1 I
Local Resident Producing Agent for (Ahil1 ell
2 Bid Bond
City of Fayetteville
Sanitary Sewer Improvements
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893243
UNITED STATES FIDELITY AND GUARANTY COMPANY
//
POWER OF ATTORNEY US FAG`
NO. 1G6G74 NSHINH
KNOW ALL MEN BY THESE PRESENTS: Thai 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
Collier Cobb, :11, Walter J. Snider, R.E.L. Barnes, Jack C. Smith, Jr. and David M.
Spencer
of the City of Chapel Hill , State of North Carolina itstrue and lawful Atwmey(s}rn-Fact, each m then separate
capacity if more than one is named above, to sign its came as surety to, and to execute, seal and ac►nowledge any and aE bonds. undertakings, contracts and other
wrmen insrmmenis in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guarantee ng the performance of contracts;
sod executing or guaranteeing bonds and undertakings required or permitted to any actions or pmceedings allowed by law.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instnuant to be sealed with its corporate seal.
duly arrested by the signatures of its Senior Via President and Assistant Secretary. thisl8th day of December ,A.D. 1992
UNITED STATES FW Fif Y AND GUARANTY COMPANY
(Signed) By.../ ... ......
o,,,,- Sensor Vice Presidcut
`sM! (Signed) BY....... . .. ... ...... `...................
1 1� Assistant Secretary
STATE OF MARYLAND)
55:`
BALTIMORE QTY )
onthisl8thdayof December a.D.1992.beforetxpersooMycame Robert J. Lamendola
Senior Vice President of the UNTIED STATES FIDE LF f'Ats) GUARANTY COMP%%NYand Paul D. -Sims ,Assistant
Secretary of said Company. with both of whom I am personally acquainted. who being by me severally duly sworn saik that they, the said Robert J•
Lamendola and Paul D. Sims \ ` were re;rxrovely tie Senior Vice President and the Assistant Secretary of
the said UNflED STATES FIDFLTIY AND GUARANTY COMPANY, e cbrporuioo described m end which executed the foregoing Power of Attorney; that they
each knew the seal of said corporation; that the seal affixed to said to%er of Attorney was such tp-eporite seal, that it was so affixed by order oldie Board of Directors
of said corporation, and that they signed their names thereto t , like order as Senior Vim "o!,(t,),'ied and Assistant Secretary. respectively, of the Company.
My Commission expires the 1 i t h d in'v' Marchf A`O.}l99 95
. ry
(Signed)
Trity
y NOTARY PUBLIC
1is Power of Attorney is granted under andby f the following Resolutions adopted by the Board of Directors of tlie UNTED
I
ThSTATES
FIDELITY AND GUARANTY COMPANY on September 24, 1992:
RESOLVED, that in connection with the fidelity and surety Insurance business of the Company, all bond% 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 Powers) of Attorney for and on behalf of the Company may and shall be executed in the name 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 may be engraved, printed or lithographed The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attorney(s)-in-Fact for purposes only of executing and anesting bonds and undertakings and other writing 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 signamn or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and 5csimde seal shall be valid and bindi rig upon the Company
with respect to any bond or undertalong to which it is validly attached.
RESOLVED. that Attorney(s)-in-Fact shall have the power and authority. unless subsequently revoked and, in any cue, subject to the terms and limaaiions
of the Power of Morney issued to then to execute and deliver on behalf of the Company and to:mach the seal of the Company to any and all bonds and undertaking,
and other writings obligatory in the nature thereof and any such instrument executed by such Attomey(s)-m-Fact shall be as binding upon the Company as if signed by
an Executive Officer and staled 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 born the Resolution of the said Company as adopted by its Board of Directors on September 24. 1992 and that this
Resolution is in full force and effect
L the undersigned Assistant Secretary of the LNITED STATES FIDE[ITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not ban revoked
to Testimony Whereof. I have hereunto sd my hand and the seal of -rtEpSTATE
S FIDELITY AND GUARANTY COMPANY on this3rsf day
of Mar • I SMb `� J
r.............................................
11M B4 Assistant Secretary
mkt kM�
FS 3 (10-92)
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SUBCONTRACTORS
List of Major Subcontractors
The Bidder expressly agrees that:
1. If awarded a Contract as a result of this Bid, the major
subcontractors used in the prosecution of the work will be
those listed below, and
2. The following list includes all subcontractors who will
perform work representing approximately five percent or more
of the Total Bid.
3. The Bidder represents that the subcontractors listed below
are financially responsible and are qualified to perform the
work required.
Category Name of Subcontractor Address
hn/sLk) Cwa%T VA&Z lie0 AK
1 Subcontractors
City of Fayetteville
Sanitary Sewer Improvements
I
' STATEMENT OF EXPERIENCE OF BIDDER
P/ea 5P See E�•�{us«f
The Bidder shall state below the work of similar magnitude or
character which he has done, and shall give reference to his
experience, skill and business standing and of his ability to
conduct the work as completely and as rapidly as required under
' the terms of the contract. References shall include the name and
telephone number of the project representative to be contacted.
Project and Location Reference
Cl)
(2)
1
' (3)
(4)
(5)
1 Statement of Experience
City of Fayetteville
Sanitary Sewer Improvements
STATEMENT OF COMMITMENT
plea5e See Ehc(u cd
The Bidder shall state below the current projects which he is
currently under contract, dollar value of contracts, and estimated
time of completion.
Estimated Percent
Date of Currently
Project and Location Dollar Value Completion Complete
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(9)
(10)
1 Statement of Commitment
City of Fayetteville
Sanitary Sewer Improvements
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HMG, INC.
COMPLETED PROJECTS
Total
DescriptionLoca:ion
Contract
Stan
Completion
Owner
Value
Date
Date
($000)
Sewer Improvements
City of Poplar Bluff. Missouri
Poplar Bluff, MO
$5,480
07/86
02%88
Wa)ne McSpadden
314-785-9621
Sa-iitan Interceptors.
OklahomaCit) Municipal
Oklahoma City. OK
$1,959
02'87
I2'87
Improvements Authority, OK
BI Ingraham 404-231-2908
Inierceptors Sewers
Oklahoma City Municipal
Oklahoma ('a). OK
$1,799
01 ,88
07,88
Improvements Authority, OK
Bill Ingraham 404-231-2908
Sewer Extensions
Oklahoma City Municipal
Oklahoma City, OK
$2,302
04%88
11/88
Improvements Authority, OK
Alan Bush 405-235-1606
Storm, Sewer, & Roadway
City of Kansas City. Kansas
Improvements Kansas City. Kansas
$3,118
07/87
06•'88
Fred Backus 913-573-5700
Falls Lake Maint Center,
U.S. Army C.O.E.
Wake County, North Carolina
$1,495
05188
09'84
Wilmington, NC
William Branager
919-847-1707
Streetscape Road & Park
City of Greensboro. NC
Improvements
$2,465
08/88
06/90
General Services Department
Greensboro, NC Phase I
John Beaman 919-373-2960
Water Main Extensions Contract F
City of Charlotte, NC
Charlotte, NC
$2,125
07/89
04/90
Charlotte - Mecklenburg Utility
Barry Gullet 704-399-2551
Water Main Extensions Contract G
City of Charlotte, NC
Charlotte, NC
$2,679
07/89
04.'90
Charlotte - Mecklenburg Utility
Barry Gullet 704-399-2551
Water Mains Holston Army
U.S. Army C.O.E.
Ammunition Plant, Tennessee
$2,513
06/89
11/90
Mobile, Alabama
Willard Williams
615-247-9111
Streetscape Road Improvements -
City of Greensboro. NC
Elm St. Greensboro, NC Phase 2
$ 195
01!90
06./90
General Services Department
John Beaman 919-373.2960
Quarterstone Farms, Phase II
Country Crossings Dev. Corp.
Section 2-A Greensboro, NC
$ 245
11/89
07190
Greensboro, NC
Donald McMillion
919-274-2491
Water & Sewer Improvements
City of Greensboro, NC
Greensboro, NC
$ 698
0890
05/91
Public Works Dept
Jim Sane' 919-373-2302
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Total
Description Location
Contract
Start
Comp!etion
Owner
Value
Date
Dave
($000)
Sidewa:k Improvements
City of Greensboro, NC
Greensboro, NC
$ 248
08'90
05'91
Public Works Dept
Jim Swane) 919-373-2302
Sewer Outfall Relocate
City of Greensboro, NC
Kmart Disl. Center Greensboro. NC
$ 193
07/91
01/92
Ray Shaw 919-373-2055
Concrete Bike Trail -
City of Greensboro, NC
Jirnm:e I Barber Park
$ 94
0891
12.'91
Jimmy Dean 919-373-2302
Greensboro. NC
Rock Creek Daln Outfall No. 3
Cit) of Greensboro, NC
Greensboro. NC
$ 623
02/91
0292
Jim Swane', 919-373-2377
Interceptor Sewer
City of Tulsa
Contract SA 87-3
$2,006
06191
07/92
Tulsa. Oklahoma
1 ulsa. Oklahoma
Greg Weisz 918-592-4111
Airborne Express Facility
Airport Center Associates
Greensboro, NC
$ 723
10191
07/92
Greensboro. NC
919-274-0765
Alafay a Trail Force Main
Orange County, Orlando, FL
Orange Co.. FL
$1,507
01/92
07/92
Tom Rutherford
407-836.7270
Interceptor Sewer Contract SA 87-6
City of TulsaOkalahoma
Tulsa. Oklahoma
$ 860
0592
12192
Ken Matthews 918-596-9572
Sidewalk Improvements
City of Greensboro, NC
Contract 92-06 Greensboro, NC
$ 242
0692
12192
Jim Dean 919-373-2302
DAC W54 -91-B-0018
Corps of Engineers
Recreation Areas Jordan Lake, NC
$3,008
10/91
10193
Wilmington Dist.
William Branager
919-847-1707
Sanitary Relief Sewer SC -0377
Oklahoma City Water
Oklahoma City, OK
$1,280
0593
12/93
Utilities Trust
Gail Douglas 405-297-2050
Quarterstone Development Phase I1
Quarterstone Dev. Co., Inc.
McLeansville. NC *9260
$ 163
09/92
12/93
Don McMillion 910-274-2491
Upgrade Bridges
$3,695
05,'92
02/94
Corps of Engineers
Ft. Stewart, GA
Hinesville, GA
Terry Wheeler 912-652-5303
DAKF I0 -92-B-0041
Department of the Army
Repair Tank Bridges
$1,582
09.92
07/94
Fort Stewart, Georgia
Ft. Stewart, GA
John Baker (912) 767-2970
Normandy Creek Sewer Interceptor
Cit) of Norman. Oklahoma
Norman. Okahoma
$2.322
06'93
06.94
Lonnie Ferguson
(405) 366-5452
Bulkhead Replacement
NC Dept. of Transportation
Pamlico River Fern Crossinc.NC
SL2374
J.A. Wol` Jr. 910-514475
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Descripuon'Locatior.
Contract
Start
Completion
Owner
Value
Date
Date
($000)
l.yr.nu ood Lake Oulfall
City of Greensboro, NC
Contract 93-19 Greensboro, NC
$1,035
11'93
12/94
Jim Dean (910) 373-2302
E.M. Johnson Water Treatment
City of Raleigh, NC
Plant
S 313
08'94
12/94
Dale Crisp (919) 890-3400
Raµ Water Reservoir Raleigh, NC
]mhofT Sewer
$2,353
0793
02!95
City of Norman, Oklahoma
Norman, Oklahoma
LonnieFerguson
405-366-5452
Liberty Road Water Main
City of Greensboro, NC
Greensboro, NC
$ 350
01/95
04/95
Jim Dean
910-373-2302
Oulfall Replacement
Alley, Williams, Carmen & King
Yance)ville, NC
$ 187
11/94
05/95
Darrell Russell
910-226-5534
Sidewalk Improvements
City of Greensboro, NC
Contract 94-4
$ 303
05194
02/95
Jim Dean
Greensboro. NC
910-373-2302
Bo' d St. Sewer
$ 375
01'95
05;95
City of Norman, OK
Norman. OK
Lonnie Ferguson
405-366-5452
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HNIG, INC.
PROJECTS IN PROGRESS
TOTAL
DESCRIPTION/
CONTRACT
START
COMPLETION
PERCENT
OWNER
LOCATION
VALUE
DATE
DATE
COMPLETE
($000)
Erosion Control
Dept of the Army
Fort Bragg. NC
$ 951
05/94
01/96
60%
Fort Bragg, NC
Cal Edson
910 396-4557
Water Transmission
City of Fayetteville, AR
Main
$1,515
11/94
09195
80%
Robert White
Fayetteville. AR
501-443.2377
Storm Sewer Repair
City of Kansas City,KS
Kansas Ciy, KS
$ 379
11/94
08/95
70%
John Menkhus
913-573-5700
North Elm St. Sidewalk
City of Greensboro, NC
Greensboro, NC
$ 245
05/95
12/95
20%
Jim Dean
910-373-2302
Drainage Control
Dept. of the Army
Fort Bragg. NC
$ 588
02/95
01/96
80%
Ft. Bragg, NC
Cal Edson
910-396-4557
Storm Water Facility
HDR Engineering
Regency Lake
$1,192
06/95
05/96
0%
Jerry McCauley
High Point. NC
704-338-6851
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' CITY OF FAYETTEVILLE, ARKANSAS
AGREEMENT
' SANITARY SEWER MAIN REPLACEMENT
AND REHABILITATION
' WHITE RIVER WATERSHED
MINI SYSTEM 18 B/C
CONTRACT II
'I THIS AGREEMENT, made this dO rA day of June, 1995, by
and between the City of Fayetteville, Arkansas, a municipal
' corporation, hereinafter called the Owner, and
BMG, Inc. hereinafter called the Contractor.
WITNESSETH:
' WHEREAS, the Owner has heretofore solicited Bids for all the work
and improvements for the doing of all things included within the
' hereinafter specified Sanitary Sewer Main Replacement and
Rehabilitation, White River Watershed, Mini System 18 B/C,
Contract II.
'l WHEREAS, the Owner did on the day of , 1995 find
that the Contractor was the lowest responsive, responsible Bidder
for the hereinafter specified work and did award the Contractor a
Contract for said work.
NOW, THEREFORE, for and in consideration of their mutual
promises, covenants, undertaking and agreements, the parties
hereto do hereby agree as follows:
ARTICLE I - WORK TO BE DONE BY CONTRACTOR
The Contractor agrees, at his own cost and expense, to do all the
work and to furnish all the -labor, materials, equipment and other
'l property necessary to do, construct, install and complete all the
works and improvements included in Sanitary Sewer Main
Replacement and Rehabilitation, White River Watershed, for
' Mini System 18 B/C, Contract II. All in full accordance with and
in compliance with and as required by the hereinafter specified
Contract Documents and any addenda for said work, and to do, at
his own cost and expense, all other things required of the
Contractor by said Contract Documents for said work.
ARTICLE II - CONTRACT DOCUMENTS
The Contract Documents are defined in the General Conditions.
,'
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1 Agreement
'� City of Fayetteville
Sewer System Improvements
ARTICLE III - CONTRACT AMOUNT '
The Contractor agrees to receive and accept the attached contract
unit prices and/or lump sum prices as full compensation for
furnishing all materials and equipment for doing all the work
contemplated and embraced in this Agreement; also for all loss or
damage arising out of the nature of the work aforesaid, or from
the action of the elements, or from any unforeseen difficulties
or obstructions which may arise or be encountered in the
prosecution of the work until its acceptance by the Owner, and
for all risks of every description connected with the work; also
for well and faithfully completing the work, and the whole
thereof, in the manner and according to and in compliance with
the Contract Documents and the requirements of the Engineer under
them, also for any and all things required by the Contract
Documents.
ARTICLE IV - LIQUIDATED DAMAGES OR ACTUAL DAMAGES AND EXCESS
ENGINEERING COSTS
The Contractor shall, and agrees to, pay to excess engineering as
described in the General Conditions.
The Contractor shall, and agrees to, pay for liquidated damages
or actual damages if the. Contractor fails to complete the project
within the specified time in accordance with the General
Conditions.
ARTICLE V - STARTING AND COMPLETION I
The Contractor agrees to commence work under this Agreement
within ten calendar days of receipt of written Notice to Proceed
and to complete all work included in this Contract to the point
of substantial completion no later than November 30, 1995. The
contractor further agrees to complete all work to the point of
final acceptance by the Owner no later than December 29, 1995.
The Contractor shall, and agrees to, furnish and deliver to the
Owner, the Faithful Performance Bond, the Contractor's Labor and
Material Bond, the Maintenance Bond and the insurance
certificates and policies of insurance required of him by
provisions of the Contract Documents, and to do, prior to
starting work, all other things which are required of him by the
Contract Documents as a prerequisite of starting work.
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Agreement 2
City of Fayetteville
Sewer System Improvements
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ARTICLE VI - PAYMENTS TO CONTRACTOR
The Owner agrees with said Contractor to employ, and does hereby
employ, the said Contractor to provide the materials and do all
the work, and do all other things hereinabove contained or
referred to, for the prices aforesaid, and hereby contracts to
pay the same at the time, in the manner and upon the conditions
set forth or referred to in the Contract Documents; and the said
parties for themselves, their heirs, executors, administrators,
successors and assigns, do hereby agree to the full performance
of the covenants herein contained.
There shall be no measurement or separate payment for any items
not listed and all costs pertaining thereto shall be included in
the Contract unit prices for other items listed.
IN WITNESS WHEREOF, the parties hereto have caused this
Instrument to be executed in three original counterparts the day
and year first above written.
' (SEAL)
Attest: Jv•
11.^:G, Inc.
(Contractorr))
By COY ITT
Name Peter 0. Evenson Name Thomas 0. Anderson
(please type) (please type)
' Title Assistant Secretary Title President
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(SEAL) CITY OF FA ETTEVILLE, AR
Attest: By f
Name �i GGe P<J G / Name Fred h'aMncr
(please type) (please type)
Title G„/y G/erk Title /V,c,✓o/'
3 Agreement
City of Fayetteville
Sewer System Improvements
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SUBJECT
TABLE OF CONTENTS
FOR
GENERAL CONDITIONS
A DEFINITIONS . . . . . . . . . . . . .
1 B CONTRACT DOCUMENTS: DEFINITIONS. . . . . . .
C PRELIMINARY MATTERS . . . . . . . .
D CONTRACT DOCUMENTS: INTENT AND REUSE . .
E AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;
REFERENCE POINTS . . . . . . . . . . . . . .
F
G CONTRACTOR'S RESPONSIBILITIES . . . .
H OTHER WORK . . . . . . . . . . . . . . . . .
I OWNER'S RESPONSIBILITIES. . . . . . .
' J ENGINEER'S STATUS DURING CONSTRUCTION . . . .
K CHANGES IN WORK . . .. . . . . . . . . . a.
IL CHANGES IN CONTRACT PRICE . . . . . . .
M CHANGES IN CONTRACT TIME. . . . . . . .
N WARRANTY AND GUARANTEE; TESTS AND OBSERVATIONS;
' CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK . . . . . . . . . . . . . .
0 PAYMENTS TO CONTRACTOR AND COMPLETION . . .
P SUSPENSION OF WORK AND TERMINATION. . . . . .
Q ARBITRATION . . . . . . . . . . . . . . . .
' R LIQUIDATED DAMAGES OR ACTUAL DAMAGES
FOR DELAY . . . . . . . . . . . . . . . . . .
S EXCESS ENGINEERING COSTS. . . . . . . . : ; .
T MISCELLANEOUS . . . . . . . . . . . .
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1
6
8
11
14
18
29
43
45
46
50
52
60
63
68
79
83
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INDEX TO GENERAL CONDITIONS
Paragraph
Acceptance
Access to the Work
Addenda, definition of
Agreement, definition of
All Risk Insurance
Amendment, Written
Application for Progress
Payment Request
Arbitration
As Directed, definition of
As Shown, definition of
Availability of Lands
Avoidable Delays
Award, Notice of, definition of
Before Starting Construction
Bid, definition of
Bidder, definition
Bidding Documents
Bonds and Insurance
Bonds, definition of
Bonds, delivery of
Bonds, Performance and Other
Cash Allowances
Certificate of Insurance
Changes in Contract Price
Changes in Contract Time
Change Order, definition of
Change Orders, Engineer's
Responsibility
Change Orders, to be Executed
Changes in Work
Claims, Waiver of, on Final Payment
Clarifications and Interpretations
Cleaning
Completion
Completion, Substantial
Commencement of Contract Time
Conditions of Contract
Conference, Pre -Construction
Conflict, Error, Discrepancy -
Contractor to Report
Construction Machinery, Equipment, etc.
Page
Number Number
0.12
76
N.2
63
A.1
I
A.2,
B.3.a
1,6
F.2.a
19
A.41,
D.2
5,12
0.2
68
Q
83
A.3
1
A.4
I
E.1
14
M.2.a
61
A.23
3
C.5
8
A.5
1
A.6
1
B.2
6
F.1, F.2
18,19
A.7
1
C.1, F.1
8,18
B.3.b, F.1
7,18
L.6
58
F.2.c
22
L
47
N
60
A.8
1
3.5
47
K.4
45
K
45
0.14
78
34
46
G.10.b
36
0
68
0.8
73
C.3
8
B.4
7
C.6
9
C.5.a, D.l.c 8,11
G.2.b 30
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I Continuing the Work G.15 40
Contract Documents - Amending and
Supplementing D.2 12
Contract Documents, definition of A.9, B 2,6
Contract Documents, Discrepancies and
Omissions D.4 12
Contract Documents: Intent and Reuse D.1 11
I Contract Documents: Titles and Headings D.5 13
Contract Price, Change of L 52
Contract price, definition of A.10 2
' Contract Time, Change of M 60
Contract Time, Commencement of C.3 8
Contract Time, definition of A.11 2
Contractor, definition of A.12 2
Contractor May Stop Work or Terminate P.3 82
Contractor's Continuing Obligation 0.13 77
Contractor's Duty to Report
Discrepancy in Documents C.5.a,D.l.b 8,11
Contractor's Fee, Costs Plus L.5.a 57
Contractor's Liability Insurance F.2,a 19
' Contractor's Responsibilities -
in General G 29
Contractor's Warranty of Title 0,6 71
Contractor's - Other H 43
Contractual Documents B.3 6
Contractual Liability Insurance F,2.a 19
Coordinating Contractor, definition of H.2 44
I Coordination H.2 44
Copies of Documents C.2 8
Correction or Removal of Defective Work N.6 60
Correction Period, One Year N.7 60
Correction, Removal or Acceptance of
Defective Work - in General N.6 thru N.9 65,66
Cost, Net Decrease L.5.a.(2) 57
• Cost of Work L.4,0.4 53,70
Costs, Supplemental L.4.a.(5) 54
Day, definition of A.13 2
Defective, definition of A.14 2
Defective Work, Acceptance of N.8 66
Defective Work, Correction or Removal of N.6 65
Defective Work, Rejecting 3.6 47
• Definitions A 1
Delays M.2, M.3 61,62
Delivery of Bonds C.1 8
Determination for Unit Prices J.8 47
Disputes, Decisions by Engineer 3.9 48
' Documents, Copies of C,2 8
Documents, Record G.11 37
Documents, Reuse of D,3 12
Drawings and/or Plans, definition of A.15 2
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Easements E.1 14
Effective Date of Agreement,
definition of A.16 2
' Emergencies G.13 38
Engineer, definition of A.17 2
Engineering Cost, Excess g 82
Engineer's Decisions J.8, J.9 47,48
Engineer's, Notice Work is Acceptable 0.12 76
Engineer's Responsibilities,
Limitations on J.10 49
Engineer's Recommendation of Payment 0.7, 0.11 71,76
Engineer's Status During Construction J 46
Equipment, Labor, Materials G.2 30
Equivalent Materials and Equipment G.4 31
Excess Engineering Costs S 87
Extension of Time M.3 62
Explorations of Physical Conditions E.2.a 14
Fee, Contractor's Costs Plus L.5 57
Field Order - definition of A.18 3
Field Order - issued by Engineer K.2 50
Final Acceptance, definition of A.19 3
Final Application for Payment 0.11 76
Final Observation 0.10 76
Final Payment and Acceptance 0.12 76
Final Payment, Recommendation of 0.12 76
General Requirements, definition of A.20 3
General Provisions T.3 88
Giving Notice T.1 88
1 Guarantee of Work, by Contractor N.1 63
Headings, Titles and D.5 13
Hold Harmless Agreement F.3 24
Indemnification G.16 41
Observation, Final 0.10 76
•' Observation Tests and N.3 58
Insurance, Amount of Coverage F.2.a.(4) 19
Insurance, Bonds and F.2 19
Insurance, Certificates of C.5.c, F.2.c 9,22
Insurance, Completed Operations F.2.a. 19
Insurance, Contractor's Liability F.2.a. 19
Insurance, Contractual Liability F.2.a 19
Insurance Companies, Notification of F.5 28
Insurance, Owner's Liability F.3 24
Insurance, Property F.2,F.3,F.4. 19,24
' Insurance, Waiver of Rights F.6 25
Insurance, Workmen's Compensation F.2 19
Insurance, Workmen's Occupational
Diseases F.2.b.(1) 20
' Interpretations and Clarifications 3.4 46
Investigations of Physical Conditions E.2 14
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' Labor and Material Bond F.1.b 18
Labor, Materials and Equipment G.2 30
Laws and Regulations A.22,G.8 3,31
' Liability Insurance, Contractor's F.2.a. 19
Liability Insurance, Owner's and
Engineer's F.2.a. 19
Limitations on Engineer's
Responsibilities J.10 49
Liquidated Damages R 85
Materials and Equipment, furnished
by Contractor G.2.a, G.2.c 30
Materials and Equipment, not
I incorporated in work 0.2.b 68
Materials or Equipment, Equivalent G.4 31
Miscellaneous, Provisions T 88
Notice, Giving T.l 88
• Notice of Award, definition of A.23 3
Notice of Acceptability of Project 0.12.a 71
1• Notice to Proceed, definition of A.24 3
Notice to Proceed C.3 8
' "Or -Equal" items G.4.a 31
Other Contractors, Work by Others H 43
Other Work H 43
Overtime Work, Prohibition of G.2.a 30
Owner, definition of A.25 3
• Owner May Correct Defective Work N.9 66
Owner May Stop Work N.5 65
• Owner May Suspend Work, Terminate P.1, P.2 79,80
Owner's Duty to Execute
Change Orders I.6 45
Owner's Liability Insurance F.2.a. 19
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Owner's Representative J.1 46
Owner's Responsibilities I 45
Partial Utilization, definition of A.26 3
Partial Utilization 0.9 69
Partial Utilization,
Property Insurance F.4.b 25
Partial Waiver of Liens 0.5 66
Patent Fees and Royalties G.6 34
Payment Request, definition of A.27 3
' Payment Request, Final 0.1 68
Payment Request, Progress 0.2 68
Payments to Contractor and Completion 0 68
' Payments, Recommendation of 0.7 71
Payments to Contractor 0 68
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'Payments to Contractor, when due O.7.b, O.12.a 71,76
Payments to contractor, withholding O.7.d 72
Payments, Reporting and Invoicing
• Cost -of -Work O,4 70
Payments, Unit Prices O,3 70
Performance, Bonds F.l.a 18
' Permits G.7 35
• Physical Conditions E.2 14
Physical Conditions, Engineer's Review E.2.d 15
Physical Conditions, Existing E.2.b 14
Structures
Physical Conditions, Exploration
and Reports E.2.a 14
Physical Conditions, Possible Document
Change E.2.e 15
Physical Conditions, Price and Time
Adjustment E.2.f 15
Physical Conditions, Report to Differing
Conditions E.2.c 15
Physical Conditions, Underground
' Facilities E.3 16
Pre -Construction Conference C.6 9
Preliminary Matters C 8
Premises, Use of G.10 36
Price, Change in Contract L 52
Price, contract, definition of A.10 2
Progress Payment, Applications for O.2 68
Progress Payment, Review of
Applications O.7 71
Progress Schedule C.5.b(1), O.1 9,68
Project, definition of A.28 3
Project Representative 3.3 46
Project Starting C.4 8
Property Insurance F.2.a,F.2.a.(5) 19,20
Property Insurance - Partial
Utilization F.4.b. 25
Protection, Safety and G.12 37
Provide A.29 4
Recommendation of Payment O.7.a, O.11 71,76
Record Documents G.11 37
Reference Points E.4 17
Regulations, Laws and G.8 35
Rejecting Defective Work 3.6 47
1 Related Work at Site H.1 43
Remedies Not Exclusive T.3.b 88
Removal or Correction of
' Defective Work N.6 65
Resident Engineer A.31 4
Resident Project Representative,
definition of A.30 4
Resident Project Representative 3.3 46
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Responsibilities,
Contractor's
G
29
Responsibilities,
Engineer's
J
41
Responsibilities,
Owner's
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45
Retainage
O.2.d
69
Reuse of Documents
D,3
12
Rights of Way
E.1
14
Royalties, Patent
Fees and
G.6
34
Safety and Protection
Samples, and Drawings
Schedule of Shop Drawing Submissions
Schedule of Values
Schedule of Progress C.5,C.6,C.7,G.3,G
Schedules, Finalizing
Shop Drawings and Samples
Shop Drawings, definition of
Shop Drawings, Use for Substitutions
Site, Visits to by Engineer
Specifications, definition of
Specifications and Drawings
Starting Construction, Before
Starting the Project
Stopping Work, by Contractor
Stopping Work, by Owner
Subcontractor, definition of
Subcontractors - in General
Subcontractors, Required Provisions
Substitute or "Or -Equal" Items
Substantial Completion, Statement of
Substantial Completion, definition of
Subsurface Conditions
Supplemental Costs
Supplementary Conditions, definition of
Supplementing Contract Documents
Suppliers, definition of
Surety, consent to payment
Surety, Engineer's Duties
Surety, Notice of changes
Surety, Qualification of
Suspending Work, by Owner
Suspension of work and Termination
Superintendent, Contractor's
Supervision and Superintendent
G. 12
G. 14
C.5.b, O.1
C.5.b.(3),O.1
14,P.2.a.(6)
C.7
G.11, G.14
A.32
G.4.a
3.2
A.33
B.5
C.5, C.6
C.4
P.3
N.5
A.34
G.5.a
F.6., G.5.a
G.4
O.8
A.35
E.2.a, E.3
L.4.a.(5)
A.36
D.2
A.37
O.11
J.l0.a
K.5
F.1
P.l.a
P
G.l.b
G.1
37
39
9,68
9,68
8,9,10,31,39,81
10
37,39
4
31
46
4
8,9
8
82
65
4
33
28,33
31
73
14,16
54
12
4
76
49
51
18
79
79
29
29
' Taxes G.9 36
Termination, by Contractor P.3 82
Termination, by Owner P,2 80
Termination, Suspension of Work P 79
' Tests and Observations N.3 63
Time, Change of Contract M 60
Time, Computation of T.2 88
1 Time, Contract, definition of A.11 2
Titles and Headings D.5 123
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' Unavoidable Delays M.2.b 61
Uncovering Work N.4 64
Underground Facilities, definition of A.38 5
Underground Facilities, Not Indicated E.3.b 16
Underground Facilities, Protection of E.3.a.(2),G.12 16,37
• Underground Facilities, Indicated E.3.a 16
Unforseen Physical Conditions E.3 16
' Unit Price Work, definition of A.39 5
Unit Price Work, general L.7,0.1,0.3,0.7.c 58,63,65,67
Unit Prices L.3.a, 0.3 52,65
Unit Prices, Adjustment of L.5.b 57
Use of Premises G.10 36
Utility Owners G.7,G.12.a.(3),H.1 35,37,43
Values, Schedule of 0.1 68
Variations in Work, Authorized G.14.b,G.13,J.5 39,38,42
Visits to Site - by Engineer J.2 46
Waiver of Claims, on Final Payment 0.14 78
Waiver of Rights F.6 28
' Warranty and Guarantee N.1 63
Warranty of Title, Contractor's 0.6 66
Work, Access to N.2 63
Work by Others H 43
Work, Cost -of- L.4 53
Work, Continuing During Disputes G.15 40
Work, definition of A.40 5
Work Directive Change, definition of A.41 5
Work Directive Change D.2.a.(3) 12
Work, Neglected by Contractor N.9 66
Work, Stopping by Contractor P.3 82
• Work, Stopping by Owner p.l, P.2 79,80
• Written Amendment, definition of A.42 5
Written Amendment D.2,K.1,L.l,M.1 12,50,52,60
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' GENERAL CONDITIONS
A. Definitions
Whenever 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:
1. Addenda - Written or graphic instruments issued prior to
I the opening of Bids which clarify, correct or change the
Bidding Documents or the Contract Documents.
2. Agreement - The written agreement 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.
3. "As directed", "as permitted", "reviewed", or words of
similar import mean the direction, requirements, or
permission of the Engineer, unless stated otherwise.
4. "As shown", "as indicated", "as detailed", or words of
similar import refer to the Contract Drawings unless
stated otherwise.
S. Bid - The offer or proposal of the Bidder submitted on
the prescribed form setting forth the prices for the work
to be performed.
6. Bidder - Any person, partnership, corporation,
association, or affiliation submitting a bid for the
work.
1 7. Bonds - Bid, performance, and labor and material bonds
and other instruments of security.
8. Change Order - A document recommended by Engineer, which
is signed by the Contractor and the Owner authorizing an
addition, deletion or revision in the work, or an
t adjustment in the contract price or the contract time,
issued on or after the effective date of the Agreement.
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I General Conditions
1 City of Fayetteville
Sanitary Sewer Improvements
1
Paragraph A continued ,
9. 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
Bonds, these General Conditions, Conditions of Contract,
the Specifications, the Plans and/or Drawings as the same
are more specifically identified in the Agreement,
together with all amendments, modifications, and
supplements issued on or after the execution of the
Agreement.
10. Contract Price - The moneys payable by Owner to 1
Contractor under the Contract Documents as stated in the
Agreement.
11. Contract Time - The number of days (computed as provided
in paragraph T.2) or the date stated in the Agreement for
the completion of the work.
12. Contractor - The person, firm or corporation with whom
Owner has entered into the Agreement. S
13..Day - A calendar day of twenty-four hours measured from
midnight to the next midnight.
14. Defective - An adjective which when modifying the word
work refers to work that is faulty or deficient, or does
not conform to the Contract Documents, or does not meet
the requirements of any observation, reference standards
test or review referred to in the Contract Documents, or
has been damaged prior to Engineer's recommendation of
final payment (unless responsibility for the protection
thereof has been assumed by Owner at Substantial
Completion).
15. Drawings and/or Plans - The drawings and/or plans which
show the character and scope of the work to be performed
and which have been prepared or reviewed by the Engineer
and are referred to in the Contract Documents.
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.
17. Engineer - The firm of RJN Group, Inc., Consulting
Engineers, Dallas, Texas, acting through its authorized
representatives.
General Conditions 2
City of Fayetteville
Sanitary Sewer Improvements
I
' Paragraph A continued
18. Field Order - A written order issued by Engineer which
orders minor changes in the work in accordance with
paragraph J.5 but which does not involve a change in the
contract price or the contract time.
19. Final Acceptance - The date when the construction of the
project is complete in accordance with the Contract
' Documents so that the entire project can be utilized for
purposes for which it is intended and all monies due the
Contractor have been paid him in the final payment
estimate.
20. General Requirements - Sections of the Specifications.
21. Construction Observer - The authorized representative of
Engineer who is assigned to the site or any part thereof.
22. Laws and Regulations; Laws or Regulations - Laws, rules,
1 regulations, ordinances, codes and/or orders.
23. Notice of Award - 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.
24. Notice to Proceed - A written notice given by Owner to
Contractor (with a copy to Engineer) fixing the date on
' which the Contractor Time will commence to run and on
which Contractor shall start to perform his obligation
under the Contract Documents.
25. Owner - The public body or authority, corporation,
association, partnership, or individual with whom
Contractor has entered into the Agreement and for whom
1 the work is to be provided.
26. Partial Utilization - Placing a portion of the Work to be
provided under the Contract Documents may be the whole,
or a part as indicated elsewhere in the Contract
Documents.
27. Payment Request - The form reviewed by the Engineer which
is to be used by Contractor in requesting progress or
final payment and which is to include such supporting
documentation as is required by the Contract Documents.
28. 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.
3 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
Resident Project Representative
representative of Engineer who
any part thereof.
the authorized
assigned to the
ent Engineer - The authorized representative
eer who is assigned to the overall project a
engineering personnel responsibility.
Shop Drawings - All drawings, diagrams, illustrations,
schedules and other data which are specifically prepared
by Contractor, a Subcontractor, manufacturer, fabricator,
supplier or distributor to illustrate some portion of the
work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and
other information prepared by a manufacturer, fabricator,
supplier or distributor and submitted by Contractor to
illustrate material or equipment for some portion of the
work.
Specifications - Those portions of the Contract Docum
consisting of written technical descriptions of
materials, equipment, construction systems, standards
workmanship as applied to the work and certain
administrative details applicable thereto.
Subcontractor - An individual, firm or corporation
a direct contract with Contractor or with any other
Subcontractor for the performance of a part of the
at the site.
Substantial Completion - The work (or a specified part
thereof) has progressed to the point where, in the
opinion of Engineer as evidenced by his definitive
Statement of Substantial Completion, it is sufficiently
complete, in accordance with the Contract Documents, so
that the work (or specified part) can be utilized for the
purposes for which it was intended; or if there be no
such statement issued, when final payment is due in
accordance with paragraph 0.8. The terms "substantially
complete" and "substantially completed" as applied to any
work refer to Substantial Completion thereof.
Supplementary Conditions - The part o
Documents which amends or supplements
Conditions.
Supplier - A manufacturer, fabricator,
distributor, materialman or vendor.
Conditions
Fayetteville
Sewer Imrro
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Paragraph A continued
38. 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 communications, cable
television, sewage and drainage removal, traffic or other
control systems or water.
39. Unit Price Work - Work to be paid for on the basis of
unit prices.
40. Work - The entire completed construction or the various
separately identifiable parts thereof required to be
furnished under the Contract Documents. Work is the
result of performing services, furnishing labor and
furnishing and incorporating materials and equipment into
the construction, all as required by the Contract
Documents.
41. Work Directive Change - A written directive to
Contractor, 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 conditions under which the Work is to be
performed as provided in paragraph E.2 or E.3 or to
emergencies under paragraph G.13. A Work Directive
Change may not change the Contract Price or the Contract
Time, but is evidence that the parties expect that the
change directed or documented by a Work Directive Change
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 Time as
provided in paragraph L and M.
42. 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
Work -related aspects of the Contract Documents.
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General Conditions
City of Fayetteville
Sanitary Sewer Improvements
Contract Documents: Definitions
The Contract Documents comprise the following general
classifications of documents, including all additions,
deletions, and modifications incorporated therein before
the execution of the Agreement:
Contractual
Conditions
Specifications
The Bidding Documents issued by the Owner
Bidders in preparing their Bids include:
Invitation to Bid bound herewith.
Instructions to Bidders bound herewith.
The Bid which is the offer of a Bidder to perform the
work described in the Contract Documents, made out
and submitted on the prescribed Bid form bound
herewith, properly signed and guaranteed.
Any Addenda issued during the time of Bidding, or
forming a part of the Contract Documents used by the
Bidder for the preparation of his Bid, shall be
covered in the Bid, and shall be made a part of the
contract. Receipt of each Addendum shall be
acknowledged in the Bid.
Contractual
Agreement
The Agreement covers the performance
described in the Contract Documents,
supplemental Addenda thereto and all
special provisions pertaining to the
materials therefor. The Agreement f
herewith.
General Conditions
City of Fayetteville
Sanitary Sewer Improvements
of the work
including all
general and
work or
orm is bound
' Paragraph B continued
b. Bonds
(1) Arkansas Statutory Performance and Payment Bond.
(2) Maintenance Bond.
4. Conditions of the Contract
a.
General Conditions of the Contract bound herewith
and of which this paragraph is a part.
b.
Supplementary Conditions of this Contract bound
herewith.
c.
Federal/State laws and regulations applicable to
this Contract and bound herewith.
d.
Wage requirements applicable to this Contract and
bound herewith.
5. Specifications and Drawings
a.
Contract Specifications bound herewith, which are
listed in the table of contents for these Contract
Documents.
b.
Contract Drawings including but not limited to those
listed in the drawing index of the Contract
Drawings.
7 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
I
C. Preliminary Matters 1
1. Delivery of Bonds I
When Contractor delivers the executed Agreements to
Owner, Contractor shall also deliver to Owner such Bonds
as Contractor may be required to furnish in accordance
with paragraph F.l.
2. Copies of Documents I
Owner shall furnish to Contractor up to five copies
(unless otherwise specified) of the Contract Documents.
Additional copies will be furnished, upon request, at the
cost of reproduction.
3. Commencement of Contract Time; Notice to Proceed I
The Contract Time will commence to run on the thirtieth
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 (30) days after the Effective Date
of the Agreement.
4. Starting the Project - '
a. Contractor shall start to perform the work within ten
(10) calendar days from the date when the Contract
Time commences to run, but no work shall be done at
the site prior to the date on which the Contract Time
commences to run.
b. The Contractor shall notify the Owner in writing 48 ,
hours before starting work at the site of the work or
his intentions to do so. In case of a temporary
suspension of work, he shall give reasonable notice
before resuming work.
5. Before Starting Construction
a. Before undertaking each part of the work, Contractor
shall carefully study and compare the Contract
Documents and check and verify pertinent figures
shown thereon and all applicable field measurements.
Contractor shall promptly report in writing to
Engineer any conflict, error or discrepancy which
Contractor 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
General Conditions 8
City of Fayetteville
Sanitary Sewer Improvements
I
Paragraph C.5.a continued
for failure to report any conflict, error or
' discrepancy in the Contract Documents, unless
Contractor had actual knowledge thereof or should
reasonably have known thereof.
' b. Within ten (10) days after the effective date of the
Agreement (unless otherwise specified), Contractor
shall submit to Engineer for review:
(1) An estimated progress schedule indicating the
starting and completion dates of the various
' stages of the Work.
(2) A preliminary schedule of Shop Drawing
submissions.
(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 applicable to each item of
work which will be confirmed in writing by
' Contractor at the time of submission.
C. Before a Notice to Proceed will be issued Contractor
shall deliver to Owner, with a copy to Engineer,
certificates (and other evidence of insurance
requested by Owner) of insurance which Contractor is
required to purchase and maintain.
6. Pre -Construction Conference
1 Within twenty (20) days after the effective date of the
Agreement, but before Contractor starts the work at the
site, a conference will be held for review of the
schedules referred to in paragraph C.5.b, to establish
procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment,
and to establish a working understanding among the
parties as to the work.
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9 General Conditions
' City of Fayetteville
Sanitary Sewer Improvements
Li
Paragraph C continued ,
7. Finalizing Schedules
a. At least ten (10) days before submission of the first
Application for Payment a conference attended by
Contractor, Engineer and others as appropriate will
be held to finalize the schedules submitted in
accordance with paragraph C.5.b. The finalized
progress schedule will provide an orderly progression
of the work to completion within the Contract Time,
but review by the Engineer will neither impose on
Engineer responsibility for the progress or
scheduling of the work nor relieve Contractor from
full responsibility therefore. The finalized
schedule of Shop Drawing submissions will provide a
workable arrangement for processing the submissions.
The finalized schedule of values will be reviewed by
the Engineer as to form and substance.
General Conditions
City of Fayetteville
Sanitary Sewer Improvements
do
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' D. Contract Documents: Intent and Reuse
1. Intent
a. The Contract Documents comprise the entire Agreement
between Owner and Contractor concerning the work. The
Contract Documents will be construed in accordance
with the law of the place of the Project.
b. It is the intent of the Specifications and Drawings
to describe a complete project (or part thereof) to
be constructed in accordance with the Contract
Documents. Any work that may reasonably be inferred
from the Specifications or Drawings as being required
to produce the intended result shall be supplied
whether or not it is specifically called for. When
words which have a well-known technical or trade
meaning are used to describe work, materials or
equipment such words shall be interpreted in
1 accordance with such meaning. Reference to standard
specifications, manuals or codes of any technical
society, organization or association, or to the code
of any governmental authority, whether such reference
be specific or by implication, shall mean the latest
standard specification, manual or code 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. However, no
provision of any referenced standard specification,
manual or code (whether or not specifically
incorporated by reference in the Contract Documents)
shall change the duties and responsibilities of
Owner, Contractor or Engineer, or any of their agents
or employees from those set forth in the Contract
Documents, nor shall it be effective to assign to
Engineer, or any of Engineer's consultants, agents or
' employees, 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 provisions of paragraph J.10.c or
J.10.d. Clarifications and interpretations of the
Contract Documents shall be issued by Engineer.
IC. If, during the performance of the work, Contractor
finds a conflict, error or discrepancy in the
Contract Documents, Contractor shall so report to
' Engineer in writing at once and before proceeding
with the work affected thereby shall obtain a written
interpretation or clarification from Engineer;
' however, Contractor shall not be liable to Owner or
Engineer for failure to report any conflict, error or
discrepancy in the Contract Documents unless
Contractor had actual knowledge thereof or should
reasonably have known. thereof.
11 General Conditions
' City of Fayetteville
Sanitary Sewer Improvements
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Paragraph D continued
2. Amending and Supplementing Contract Documents
a. 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:
(1) A formal written amendment.
(2) A Change Order (pursuant to paragraph K.4). '•
(3) A work directive change (pursuant to paragraph
K.1).
Contract Price and Contract Time may only be changed
by a Change Order or a written amendment as indicated
in paragraphs L.2 and M.1.
b. In addition, the requirements of the Contract ,
Documents may be supplemented, and minor variations
and deviations in the work may be authorized by:
(1) Field order (pursuant to paragraph J.5). ,
(2) Engineer's review of a Shop Drawing or sample
(pursuant to paragraphs G.14.b.(1) or G.14.d).
(3) -or Engineer's written interpretation or '
clarification (pursuant to paragraph J.4).
3. Reuse of Documents
Neither Contractor nor any Subcontractor, or Supplier or 1
other person or organization performing or furnishing any
of the work under a direct or indirect contract with
Owner shall 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; and they shall not reuse
any of them on extensions of the Project or any other
project without written consent of Owner and Engineer and
specific written verification or adaptation by Engineer.
4. Discrepancies and Omissions
a. Should anything which is necessary for a clear ,
understanding of the work be omitted from the
Contract Documents, or should it appear that various
instructions are in conflict, the Contractor shall
secure written instructions from the Engineer before
proceeding with the work affected by such omissions
or discrepancies.
General Conditions 12
City of Fayetteville
Sanitary Sewer Improvements
Paragraph D.4 continued
b. In resolving inconsistencies among two or more
' sections of the Contract Documents, precedence shall
be given in the following order:
First Agreement
Second Laws and Regulations
Third Supplementary Conditions
Fourth General Conditions
Fifth Specifications
• Sixth Contract Drawings
IC. Figured dimensions on Plans shall take precedence
over scale dimensions. Detailed Plans in the
Documents shall take precedence over general Plans.
5. Titles and Headings
a. The titles and headings printed on the Contract
' Drawings, in the General Conditions, in the Contract
Specifications, and elsewhere in the Contract
Documents are inserted for convenience and reference
only, and shall not be taken or considered as having
any bearing on the interpretation thereof.
b. Separation of the Contract Specifications into
' Divisions and Sections shall not operate to make the
Engineer an arbiter to establish limits of work
between the Contractor and Subcontractors, or between
trades.
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13 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
E.
Availability of Lands; Physical Conditions; Reference Points I
1. Availability of Lands ,
Owner shall furnish, as indicated in the Contract
Documents, the lands upon which the work is to be
performed, rights -of -way for access thereto, and such
other lands which are designated for the use of
Contractor. Easements for permanent structures or
permanent changes in existing facilities will be obtained
and paid for by Owner, unless otherwise provided in the
Contract Documents. If Contractor believes that any
delay in Owner's .furnishing these lands, rights -of -way or
easements entitles Contractor to an extension of the
Contract Time, Contractor may make a claim thereof as
provided in Paragraph M. Contractor shall provide for
all additional lands and access thereto that may be
required for temporary construction facilities or storage
of materials and equipment.
2. Physical Conditions ,
a. Explorations and Reports
Reference is made to the Instructions to Bidders for
identification of those reports of explorations and
tests of subsurface conditions at the site that have
been utilized by Engineer in preparation of the
Contract Documents. Contractor may rely upon the
accuracy of the technical data contained in such
reports, but not upon nontechnical data,
interpretations or opinions contained therein or for
the completeness thereof for Contractor's purposes.
Except as indicated in the immediately preceding
sentence and in paragraph E.2.f, Contractor shall
have full responsibility with respect to subsurface
conditions at the site. '
b. Existing Structures
Reference is made to the Instructions to Bidders for '
identification of those drawings of physical
conditions in or relating to existing surface and
subsurface structures (except Underground Facilities
referred to in paragraph E.3) which are at or
contiguous to the site that have been utilized by
Engineer in preparation of the Contract Documents.
Contractor may rely upon the accuracy of the
technical data contained in such drawings, but not
for the completeness thereof for Contractor's
purposes. Except as indicated in the immediately
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General Conditions 14
City of Fayetteville I
Sanitary Sewer Improvements
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' Paragraph E.2.b continued
preceding sentence and in paragraph E.2.f, Contractor
' shall have full responsibility with respect to
physical conditions in or relating to such
structures.
c. Report of Differing Conditions
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If contractor believes that any technical data on
which Contractor is entitled to rely as provided in
paragraphs E.2.a and E.2.b is inaccurate, or any
physical condition uncovered or revealed at the site
differs materially from that indicated, reflected or
referred to in the Contract Documents, Contractor
shall, promptly after becoming aware thereof and
before performing any work in connection therewith
(except in an emergency as permitted by paragraph
G.13), notify Owner and Engineer in writing about the
inaccuracy or difference.
Id. Engineer's Review
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15 General Conditions
' City of Fayetteville
Sanitary Sewer Improvements
Engineer will promptly review the pertinent
conditions, determine the necessity of obtaining
additional explorations or tests with respect thereto
and advise Owner in writing (with a copy to
Contractor) or Engineer's findings and conclusions.
e. Possible Document Change
If Engineer concludes that there is a material error
in the Contract Documents or that because of newly
discovered conditions a change in the Contract
Documents is required, a Work Directive Change or a
Change Order will be issued as provided in Paragraph
K to reflect and document the consequences of the
inaccuracy or difference.
f. Possible Price and Time Adjustments
In each such case, an increase or decrease in the
Contract Price or an extension or shortening of the
Contract Time, or any combination thereof, will be
allowable to the extent that they are attributable to
any such inaccuracy or difference. If Owner and
Contractor are unable to agree as to the amount or
length thereof, a claim may be made therefore as
provided in Paragraph L and M.
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Paragraph E continued I
3. Physical Conditions - Underground Facilities
a. 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 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:
(1) Owner and Engineer shall not be responsible for
the accuracy or completeness of any such
information or data; and,
(2) Contractor shall have full responsibility for
reviewing and checking all such information and
data, for locating all underground facilities
shown or indicated in the Contract Documents, for
coordination of the work with the owners of such
underground facilities during construction, for
safety and protection thereof and repairing any
damage thereto resulting from the work, the cost
of all of which will be considered as having been
included in the contract price.
b. Not Shown or Indicated
If an underground facility is uncovered or revealed I
at or contiguous to the site which was not shown or
indicated in the Contract Documents and which
Contractor could not reasonably have been expected to
be aware of, Contractor shall, promptly after
becoming aware thereof and before performing any work
affected thereby (except in an emergency as permitted I
by paragraph G.13), identify the owner of such
underground facility and give written notice thereof
to that owner and to Owner and Engineer. Engineer
will promptly review the underground facility to
determine the extent to which the Contract Documents
should be modified to reflect and document the
consequences of the existence of the underground
facility, and the Contract Documents will be amended
or supplemented to the extent necessary. During such
time, Contractor shall be responsible for the safety
and protection of such underground facility as
provided in paragraphs G.12.a and G.12.b. Contractor
shall be allowed an increase in the Contract Price or
an extension of the Contract Time, or both, to the
extent that they are attributable to the existence of
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General Conditions 16
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph E.3.b continued
any underground facility that was not shown or
indicated in the Contract Documents and which
Contractor could not reasonably have been expected to
be aware of. If the parties are unable to agree as
to the amount or length thereof, Contractor may make
a claim therefore as provided in Paragraphs L and M.
Reference Points
Owner shall provide engineering surveys for construction
to establish reference points which in his judgment are
necessary to enable Contractor to proceed with the work
(unless otherwise specified), 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. Contractor shall report to Engineer
whenever any reference point is lost, destroyed, or
requires relocation because of necessary changes in
grades or locations, and shall be responsible for
replacement or relocation of such reference points by
professionally qualified personnel.
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17 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
F. Bonds and Insurance
1. Performance and Other Bonds
The Contractor shall, at the time he executes the '
Agreement, furnish bonds payable to the Owner in the form
of bonds set forth herein, secured by a surety company
acceptable to the Owner, as follows:
a. Arkansas Statutory Performance and Payment Bond, and
Maintenance Bond in an amount equal to 100 percent of
the total contract price conditioned upon the
faithful performance of all covenants and
stipulations under the contract and holding good for
a period of two years after the date when final
payment becomes due, except as otherwise provided by
law or regulation or by the Contract Documents to
protect the Owner against the results of defective
materials, workmanship, and equipment during that
time.
b. It is the responsibility of the Contractor to notify
all surety companies and other signers of any of the
bonds listed above, to familiarize themselves with
all of the conditions and provisions of this
Contract. All surety companies and other signers
shall waive their right of notification by the Owner
of any change or modification of this Contract, or of
decreased or increased work, or of the cancellation
of this Contract, or of any other acts by the Owner
or its authorized employees or agents under the terms
of this Contract. The waiver by the surety companies
and other signers shall in no way relieve the surety
companies and other signers of their obligations '
under this Contract.
c. If the Surety on any Bond furnished by Contractor is
declared bankrupt, or becomes insolvent, or its right
to do business is terminated in any state where any
part of the Project is located, or it ceases to meet
the requirements herein, Contractor shall within five
days thereafter substitute another Bond and Surety,
both of which shall be acceptable to Owner.
d. All Bonds shall be in the forms prescribed by law or '
regulation or by the Contract Documents and 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
Accounts, U.S. Treasury Department. All Bonds signed
by an agent must be accompanied by a certified copy
of the authority to act.
General Conditions 18
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph F.1 continued
2. Contractor's Liability Insurance
' a. The Contractor shall obtain, purchase, and maintain
throughout the duration of the contract, including
' all excepted time extensions, all insurance coverages
described below. The Contractor shall purchase from
and maintain in a company or companies lawfully
authorized to do business in the jurisdiction in
' which the Project is located, such insurance as will
protect the contractor from claims set forth below
which may arise out of or result from the
' Contractor's operations under the Contract, and for
which the Contractor may be legally liable, whether
such operations be by the Contractor or by a
Subcontractor or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts
any of them may be liable:
' (1) claims under workers' or workmens' compensation,
disability benefit and other similar employee
benefit acts which are applicable to the Work to
' be performed;
(2) claims for damages because of bodily injury,
occupational sickness or disease, or death of
the Contractor's employees;
(3) claims for damages because of bodily injury,
sickness or disease, or death of any person
other than the Contractor's employees;
' (4) claims for damages insured by usual personal
injury liability coverage which are sustained
(1) by a person as a result of an offense
directly or indirectly related to employment of
such person by the Contractor, or (2) by another
person;
(5) claims for damages, other than to the Work
itself, because of injury to or destruction of
tangible property, including loss of use
resulting therefrom;
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19 General Conditions
' City of Fayetteville
Sanitary Sewer Improvements
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Paragraph F.2 continued I
(6) claims for damages because of bodily injury,
death of a person or property damage arising out
of ownership, maintenance or use of any motor
vehicle; and
(7) claims involving contractual liability insurance
applicable to the Contractor's obligations under ,
Paragraph G.16.
b. The insurance required by Subparagraph F.2.a shall be
written for not less than limits of liability
specified in the Contract Documents, Supplemental
Conditions, or required by law, whichever coverage is
greater. Coverages, whether written on an occurrence
or claims -made basis, shall be maintained without
interruption from date of commencement of the work
until date of final payment and termination of any
coverage required to be maintained after final
payment. Notwithstanding the above, the insurance
required by paragraph F.2 shall be on an occurrence
basis.
Such insurance shall be written to include the
following coverages and for not less than the '
following minimum limits or greater if required by
law:
(1) Worker's Compensation, Occupational Disease and
Employer's Liability Insurance:
(a) State: (in which this contract is performed)
Statutory limits.
(b) Applicable Federal (if any) - Statutory
limits.
(c) Employer's Liability - if applicable in
state
Bodily Injury by
accident
Bodily Injury by
employee
Bodily Injury by
policy limit
Accident
- $500,000
each
Disease
- $500,000
each
Disease - $500,000 each
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City of Fayetteville '
Sanitary Sewer Improvements
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Paragraph F.2.b continued
(2) Commercial General Liability Insurance including
as minimum coverages:
Premises - Operations Liability
Independent Contractor's Protective
Liability
Products and Completed Operations Liability
Broad Form Property Damage Endorsement
Blanket Contractual
Personal Injury, with Employment Exclusion
deleted
(a) Special Requirements:
i. Property Damage Liability Insurance will
provide "X, C, and U" (Explosion,
collapse and underground hazard) coverage
as applicable.
ii. Products and Completed operations to be
maintained for (2)* years after final
payment.
iii. The owner, engineer, their consultants,
agents and employees, shall be named as
"additional insureds" on the commercial
general liability policy of the general
contractor and/or subcontractor of any
tier.
(b) Limits of Liability:
$1,000,000 Each occurrence as
respects Bodily Injury
Liability or Property
Damage Liability, or both
combined.
$2,000,000 General Aggregate
$1,000,000 Products/Completed
Operations Aggregate
$1,000,000 Personal and Advertising
Injury
(3) Automobile Liability Insurance:
(a) Special Requirements:
I. All owned, hired, and nonowned vehicles
including the loading or unloading
thereof.
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21 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
Paragraph F.2.b continued
ii. The owner, engineer, their consultants,
agents and employees, shall be named as
"additional insureds" on the commercial
automobile liability policy of the
general contractor and/or subcontractor
of any tier.
(b) Limits of Liability:
$1,000,000 Each occurrence as
respects Bodily Injury
Liability or Property
Damage Liability, or both
combined.
(4) Owner's and Contractor's Protective Liability
Insurance:
The Contractor will furnish and maintain this
separate policy during the entire period of
construction an Owner's Protective Liability
Policy written in the name of the owner,
engineer, and engineer's consultants, with the
following limits of liability:
Limits of Liability
$1,000,000 Each occurrence as
respects Bodily Injury
Liability or Property
Damage Liability, or both
combined.
$2,000,000 General Aggregate
(5) Umbrella/Excess Liability Insurance:
Limits of Liability
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$3,000,000 Each Occurrence (minimum) I
$3,000,000 Aggregate (minimum)
c. Certificates of Insurance for the above coverages and
the Owner's Protective Policy shall be submitted to
the Engineer for transmittal to the Owner for his
approval prior to the start of construction. The
Contractor shall certify to the Owner that he has
obtained or will obtain similar certificates of
insurance from each of his Subcontractors before
their work commences. Each Subcontractor must be
covered by insurance of the same character and in the
same amounts as the Contractor unless the Contractor
and Owner agree that a reduced coverage is adequate.
General Conditions 22
City of Fayetteville
Sanitary Sewer Improvements
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' Paragraph F.2.c continued
Each subcontractor's insurance shall cover the Owner,
' Engineer, their agents and employees. The Contractor
shall submit a statement with each monthly affidavit
stating that he has obtained certificates of
insurance, or other satisfactory evidence, that all
required insurance is in force for each of the
Subcontractors listed on his affidavit. If the
"additional insureds" have other insurance which is
applicable to the loss, it shall be on an excess or
contingent basis. The amount of the company's
liability under this policy shall not be reduced by
the existence of such other insurance. Contractors
certificates shall be in duplicate on standard Acord
forms.
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Certificate of insurance shall contain a statement
therein or a rider attached thereto incorporating the
indemnity clause stated in Paragraph G.16
(Indemnification) of the General Conditions, and
including the changes and additions made in those
subparagraphs or within the Supplemental General
Conditions.
These Certificates and the insurance policies
required by this Paragraph F.2 shall contain a
provision that coverages afforded under the policies
will not be canceled or allowed to expire until at
least thirty (30) days' prior written notice has been
given to the Owner and Engineer. If any of the
foregoing insurance coverages are required to remain
in force after final payment and are reasonably
available, an additional certificate evidencing
continuation of such coverage shall be submitted with
the final Application for Payment. Information
concerning reduction of coverage shall be furnished
by the Contractor with reasonable promptness in
accordance with the Contractor's information and
belief.
The obligations of the Contractor under the
provisions of this article shall not extend to the
liability of the Engineer, his agents or employees
arising out of (1) the preparation or approval of
maps, drawings, opinions, reports, surveys, change
orders, designs, or specifications, or (2) the giving
of or the failure to give directions or instructions
by the Engineer, his agents or employees to the
extent that such giving or failure to give is the
cause of the injury or damage.
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23 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph F continued 1
3. Owner's Liability Insurance
a. The Owner shall be responsible for purchasing and 1
maintaining the Owner's usual liability insurance.
Optionally, the Owner may purchase and maintain other
insurance for self-protection against claims which
may arise from operations under the Contract. The
Contractor shall not be responsible for purchasing
and maintaining this optional owner's liability
insurance unless specifically required by the
Contract Documents.
4. Property Insurance
a. Unless otherwise provided, the Contractor shall
purchase and maintain, in a company or companies
lawfully authorized to do business in the
jurisdiction in which the Project is located,
property insurance in the amount of •the initial
Contract Sum as well as subsequent modifications
thereto for the entire Work at the site on a
replacement cost basis without voluntary deductibles.
Such property insurance shall be maintained, unless
otherwise provided in the Contract Documents or
otherwise agreed in writing by all persons and
entities who are beneficiaries of such insurance,
until final payment has been made as provided in
Paragraph 0.12 or until no person or entity other
than the Owner has an insurable interest in the
property required by this Paragraph F.3 to be
covered, whichever is earlier. This insurance shall
include interests of the Owner, Engineer, the
Contractor, Subcontractors and Sub -subcontractors in
the Work.
Property insurance shall be on all-risk policy form
and shall insure against the perils of fire and flood
and extended coverage and physical loss or damage
including, without duplication of coverage, theft,
vandalism, malicious mischief, collapse, false -work,
temporary buildings and debris removal including
demolition occasioned by enforcement of any
applicable legal requirements, and shall cover
reasonable compensation for Engineer's services and
expenses required as a result of such insured loss.
Coverage for other perils shall not be required
unless otherwise provided in the Contract Documents.
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General Conditions 24
City of Fayetteville 1
Sanitary Sewer Improvements
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Paragraph F.4.a continued
Property Insurance provided by Contractor shall not
cover any tools, apparatus, machinery, scaffolding,
hoists, forms, staging, shoring and other similar
items commonly referred to as construction equipment,
which may be on the site and the capital value of
which is not included in the Work. The Contractor
shall make his own arrangements for any insurance he
may require on such construction equipment.
If the Contractor does not intend to purchase such
property insurance required by the Contract and with
all of the coverages in the amount described above,
the Contractor shall so inform the Owner in writing
prior to commencement of the Work. The Owner may
then effect insurance which will protect the
interests of the Owner, Contractor, Subcontractors
and Sub -subcontractors in the work, and by
appropriate Change Order the cost thereof shall be
charged to the Contractor. If the Owner is damaged
by the failure or neglect of the Contractor to
purchase or maintain insurance as described above,
without so notifying the Owner, the Contractor shall
bear all reasonable costs properly attributable
thereto.
If the property insurance required minimum
deductibles and such deductibles are identified in
the Contract Documents, the Contractor shall pay
costs not covered because of such deductibles. If
the Owner or insurer increases the required minimum
deductibles above the amounts so identified or if the
Owner elects to purchase this insurance with
voluntary deductible amounts, the Owner shall be
responsible for payment of the additional costs not
covered because of such increased or voluntary
deductibles. If deductibles are not identified in
the Contract Documents, the Contractor shall pay
costs not covered because of deductibles. The
property insurance for the Work requires a maximum
deductible of: $10,000 per claim.
b. Partial Utilization - Property Insurance
If Owner finds it necessary to occupy or use a
portion or portions of the work prior to substantial
completion of all the work, such use or occupancy may
be accomplished in accordance with the provision for
partial utilization; provided that no such use or
occupancy shall commence before the insurers
providing the property insurance have acknowledged
25 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph F.4.b continued I
notice thereof and in writing effected the changes in
coverage necessitated thereby. The insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the
property insurance shall not be canceled or lapse on
account of any such partial use or occupancy.
c. Boiler and Machinery Insurance
The Contractor shall purchase and maintain boiler and
machinery insurance required by the Contract
Documents or by law, which shall specifically cover
such insured objects during installation and until
final acceptance or unless agreed otherwise by the
Owner; this insurance shall include interests of the
Owner, Contractor, Subcontractors and
Sub -subcontractors in the Work, and the Owner and
Contractor shall be named insureds.
d. Loss of Use Insurance
The Owner, at the Owner's option, may purchase and
maintain such insurance as will insure the Owner
against loss of use of the Owner's property due to
fire or other hazards, however caused.
e. If the Owner requests in writing that insurance for
risks other than those described herein or for other
special hazards be included in the property insurance
policy, the Contractor shall, if possible, include
such insurance, and the cost thereof shall be charged
to the Owner by appropriate Change Order.
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f. If during the Project construction period the Owner
insures properties, real or personal or both,
adjoining or adjacent to the site by property
insurance under policies separate form those insuring
the Project, or if after final payment property
insurance is to be provided on the completed Project
through a policy or policies other than those
insuring the Project during the construction period,
the Owner shall waive all right in accordance with
the terms of Subparagraph F.4.h for damages caused by
fire or other perils covered by this separate
property insurance. All separate policies shall
provide this waiver of subrogation by endorsement or
otherwise.
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General Conditions 26
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph F.4 continued
g. Before an exposure to loss may occur, the Contractor
shall file with the Owner a copy of each policy that
includes insurance coverages required by the
Paragraph F.4. Each policy shall contain all
generally applicable conditions, definitions,
exclusions and endorsements related to this Project.
Each policy shall contain a provision that the policy
will not be canceled or allowed to expire until at
least 30 days prior written notice has been given to
the Owner.
h. Waivers of Subrogation
If permitted by the Owner's and Contractor's
insurance companies, without penalties, the Owner and
Contractor waive all rights against (1) each other
and any of their Subcontractor, Sub -subcontractors,
agents and employees, each of the other, and (2) the
Engineer, Engineer's consultants, separate
contractors if any, and any of their Subcontractors,
Sub -subcontractors, agents and employees, for damages
caused by fire or other perils to the extent covered
by property insurance obtained pursuant to this
Paragraph F.4 or other property insurance applicable
to the Work, except such rights as they have to
proceeds of such insurance held by the Owner as
fiduciary. The Owner or Contractor, as appropriate,
shall require of the Engineer, Engineer's
consultants, separate contractors if any, and the
Subcontractors, Sub -subcontractors, agents and
employees of any of them, by appropriate agreements,
written where legally required for validity, similar
waivers each in favor of other parties enumerated
herein. The policies shall provide such waivers of
subrogation by endorsement or otherwise. A waiver of
subrogation shall be effective as to a person or
entity even though that person or entity would
otherwise have a duty of indemnification, contractual
or otherwise did not pay the insurance premium
directly or indirectly, and whether or not the person
or entity had an insurable interest in the property
damaged.
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27 General Conditions
City of Fayetteville
Sanitary Sewer Irprovements
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Paragraph F continued
Miscellaneous Requirements
a. All insurance coverage shall be provided
companies having policy holder ratings no
"A" and financial ratings not lower than
Best's Insurance Guide, latest edition in
of the date of the Contract.
by insurance
lower than
"XII" in the
effect as
b. The Contractor is responsible for determining that
Subcontractors are adequately insured against claims
arising out of or relating to the Work. The premium
cost and charges for such insurance shall be paid by
each Subcontractor.
c. The limits of liability as stated, may be arrived at
using a Split -Limit or a Combined Single Limit basis.
However, the total limit of lability shall not be
less than that stated in the requirements.
6. Notification of Insurance Companies
It is the responsibility of the Contractor to notify all
insurance companies to familiarize themselves with all of
the conditions and provisions of this Contract. The
insurance companies shall waive their right of
notification by the Owner of any change or modification
of this Contract, or of decreased or increased work, or
of the cancellation of this Contract, or of any other
acts by the Owner or its authorized employees or agents
under the terms of this Contract. The waiver by the
insurance companies shall in no way relieve the insurance
companies of their obligations under this Contract.
7. Subcontractor Bond
The Contractor must secure from listed subcontractors a
payment and performance bond if subcontractor bid is in
excess of fifty thousand dollars ($50,000); and for other
purposes as prescribed in Arkansas Senate Bill, Act 190
as engrossed 1/28/93.
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General Conditions 28
City of Fayetteville
Sanitary Sewer Improvements
I
G. Contractor's Responsibilities
' 1. Supervision and Superintendent
a. Contractor shall supervise and direct the work
' competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may
be necessary to perform the work in accordance with
the Contract Documents. Contractor shall be solely
responsible for the means, methods, techniques,
sequences and procedures of construction, but
Contractor shall not be solely responsible for the
negligence of others in the design or selection of a
specific means, method, technique, sequence or
procedure of construction which is indicated in and
' required by the Contract Documents. Contractor shall
be responsible to see that the finished work complies
accurately with the Contract Documents.
' b. Contractor shall keep on the work at all times during
its progress a competent resident superintendent, who
shall not be replaced without written notice to Owner
' and Engineer except under extraordinary
circumstances. The superintendent will be
Contractor's representative at the site and shall
have authority to act on behalf of Contractor. All
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communications given to the superintendent shall be
as binding as if given to Contractor.
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c. During the performance of this Contract, the
Contractor shall maintain a suitable office at the
site of the work which shall be the headquarters of
the foreman or superintendent authorized to receive
drawings, instructions, or other communications,
articles, or things from the Owner or its agents; and
any such thing given to the said foreman or
superintendent or delivered to the Contractor's
office at the site of the work in his absence shall
be deemed to have been given to the Contractor. The
Contractor shall have a telephone installed in this
office.
29 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph G continued '
2. Labor, Materials and Equipment
a. Contractor shall provide competent, suitably '
qualified personnel to survey and lay out the work
and perform construction as required by the Contract
Documents. Contractor shall at all times maintain
good discipline and order at the site. Except in
connection with the safety or protection of persons,
or the work, or property at the site or adjacent
thereto, all work at the site shall be performed
during regular working hours, and Contractor will not
permit overtime work or the performance of work on
Saturday, Sunday or any legal holiday without Owner's
written consent given after prior written notice to
Engineer. Regular working hours shall be a
consecutive eight hour period between the hours of
seven o'clock A.M. and six o'clock P.M., Monday
through Friday.
b. Unless otherwise specified in the General '
Requirements, Contractor shall furnish all materials,
equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water and sanitary
facilities, and all other facilities and incidentals
necessary for the execution, testing, initial
operation and completion of the work.
c. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract
Documents. If required by Engineer, Contractor shall
furnish evidence (including reports or 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 the instructions
of the applicable Supplier except as otherwise
provided in the Contract Documents; but no provision
of any instructions will be effective to assign to
Engineer, or any of Engineer's consultants, agents or
employees, 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 provisions of paragraph J.10.c or
J.10.d.
General Conditions 30
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph G continued
Adjusting Progress Schedule
Contractor shall submit to Engineer for review (to the
extent indicated in paragraph C.7) adjustments in the
progress schedule to reflect the impact thereon of new
developments; these will conform generally to the
progress schedule then in effect and additionally will
comply with any provisions of the General Requirements
applicable thereto.
Substitute or "Or -Equal" Items
a. Whenever materials or equipment are specified or
described in the Drawings or Specifications by using
the name or a proprietary item of the name of a
particular Supplier the naming of the item is
intended to establish the type, function and quality
required. Unless the name is followed by words
indicating that no substitution is permitted,
materials or equipment of other Suppliers may be
reviewed by Engineer if sufficient information is
submitted by Contractor to allow Engineer to
determine that the material or equipment proposed is
equivalent to that named. The procedure for review
by Engineer will include the following as
supplemented in the General Requirements. Requests
for review of substitute items of material and
equipment will not be reviewed by Engineer from
anyone other than Contractor. If Contractor wishes
to furnish or use a substitute item of material or
equipment, Contractor shall make written application
to Engineer for review thereof, certifying that the
proposed substitute will perform adequately the
functions and achieve the results called for by the
general design, be similar and of equal substance to
that specified and be suited to the same use and
capable of performing the same function as that
specified. The application will state that the
evaluation and review of the proposed substitute will
not prejudice Contractor's achievement of Substantial
Completion on time, whether or not review of the
substitute for use in the work will require a change
in any of the Contract Documents (or in the
provisions of any other direct contract with owner
for work on the Project) to adapt the design to the
proposed substitute and whether or not incorporation
or use of the substitute in connection with the work
is subject to payment of any license fee or royalty.
All variations of the proposed substitute from that
specified shall be identified in the application and
available maintenance, repair and replacement service
will be indicated. The application will also contain
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31 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
II
Paragraph G.4 continued I
an itemized estimate of all costs that will result
directly or indirectly for use of such substitute,
including costs or redesign and claims of other
contractors affected by the resulting change, all of
which shall be considered by Engineer in evaluating
the proposed substitute. Engineer may require
Contractor to furnish at Contractor's expense
additional data about the proposed substitute.
Engineer will be the sole reviewer, and no substitute
will be ordered or installed unless Engineer has
agreed to the use of the substitute in writing.
Owner may require Contractor to furnish at
Contractor's expense a special performance guarantee
or other surety with respect to any substitute.
Contractor will not be entitled to a change in
Contract Time and/or Contract Price for any
additional expenses associated with providing
substitutions or "or -equal" items.
b. If a specific means, method, technique, sequence or
procedure of construction is indicated in or required
by the Contract Documents, Contractor may furnish or
utilize a substitute means, method, sequence,
technique or procedure of construction to be reviewed
by the Engineer, if Contractor submits sufficient
information to allow Engineer to determine that the
substitute proposed is equivalent to that indicated
or required by the Contract Documents. The procedure
for review by Engineer will be similar to that
provided in paragraph G.4.a as applied by Engineer
and as may be supplemented in the General
Requirements.
C. Engineer will be allowed a reasonable time within
which to evaluate each proposed substitute. Engineer
will be the sole reviewer, and no substitute will be
ordered, as 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 substitute. Engineer will record time required
by Engineer and Engineer's consultants in evaluating
substitutions proposed by Contractor and in making
changes in the Contract Documents occasioned thereby.
Whether or not Engineer reviews a proposed
substitute, Contractor shall reimburse Owner for the
charges of Engineer and Engineer's consultants for
evaluating each proposed substitute.
General Conditions 32
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph G continued
Concerning Subcontractors, Suppliers and Others
a. Contractor shall not employ any Subcontractor,
Supplier or other person, or organization (including
those reviewed by the Owner and Engineer as indicated
in paragraph G.5.b), whether initially or as a
substitute, against whom Owner or Engineer may have
reasonable 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.
b. If the Specifications require the identity of certain
Subcontractors, Suppliers or other persons or
organizations (including those who are to furnish the
principal items of materials and equipment) to be
submitted to Owner in advance of the specified date
prior to the Effective Date of the Agreement for
review by Owner and Engineer and if Contractor has
submitted a list thereof in accordance with the
Specifications, Owner's or Engineer's review (either
in writing or by failing to make written objection
thereto by the date indicated for review or objection
in the bidding documents or the Contract Documents)
of any such Subcontractor, 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 submit
a substitute, the Contract Price will be increased by
the difference in the cost occasioned by such
substitution and an appropriate Change Order will be
issued or Written Amendment signed. No review by
Owner or Engineer of any such Subcontractor, Supplier
or other person or organization shall constitute a
waiver of any right of Owner or Engineer to reject
defective work.
C. If the Bid requires the listing of Suppliers for
certain equipment items, the Contractor will be
required to provide a Supplier that conforms to the
Specifications and performs adequately the functions
and achieve the results called for by the general
design. The Contractor will not be entitled to an
increase in Contract Price or Contract Time if the
listed Supplier does not conform to the
Specifications. The Engineer and Owner will not
accept or approve the listed Suppliers prior to the
Effective Date of the Agreement. The Engineer's
review of Suppliers shop drawings will determine
general conformance to the Specifications and shall
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33 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
I
Paragraph G.5 continued '
not constitute a waiver of any right of Owner or
Engineer to reject defective work. This paragraph
waives the requirements in paragraph G.5.b.
d. Contractor shall be fully responsible to Owner and
Engineer for all acts and omissions of the
Subcontractor, Suppliers and other persons and
organizations performing or furnishing any of the
work under a direct or indirect contract with
Contractor just as Contractor is responsible for
Contractor's own acts and omissions. Nothing in the
Contract Documents shall create any contractual
relationship between Owner or Engineer and any such
Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on
the part of Owner or Engineer to pay or to see to
the payment of any moneys due any such Subcontractor,
Supplier or other person or organization except as
may otherwise be required by Laws and Regulations.
e. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control
Contractor in dividing the work among Subcontractors
or Suppliers or delineating the work to be performed
by any specific trade.
f. Al?. work performed for Contractor by a Subcontractor
will be pursuant to an appropriate agreement between
Contractor and the Subcontractor which specifically
binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit
of Owner and Engineer and contains waiver provisions
as required by paragraph F.6. Contractor shall pay
each Subcontractor a just share of any insurance
moneys received by Contractor on account of losses
under policies issued pursuant to paragraph F.2.d. '
6. Patent Fees and Royalties
Contractor shall pay all license fees and royalties and '
assume all costs incident to the use in the performance
of the work or the incorporation in the work of any
invention, design, process, product or device which is
the subject of patent rights or copyrights held by
others. If a particular invention, design, process,
product, or device is specified in the Contract Documents
for use in the performance of the work, and if to the
actual knowledge of Owner or Engineer, its use is subject
to patent rights or copyrights calling for the payment of
any license fee or royalty to others. The existence of
such rights shall be disclosed by Owner in the Contract
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General Conditions 34
City of Fayetteville '
Sanitary Sewer Improvements
I
' Paragraph G.6 continued
Documents. Contractor shall indemnify and hold harmless
the Owner, Engineer, and anyone directly or indirectly
employed by either of them from and against all claims,
damages, losses and expenses (including attorneys' fees
and court and arbitration costs) arising out of any
infringement of patent rights or copyrights incident to
the use in the performance of the work or resulting from
the incorporation in the work of any invention, design,
process, product, or device not specified in the Contract
Documents, and shall defend all such claims in connection
with any alleged infringement of such rights.
' 7. Permits
Contractor shall obtain and pay for all construction
' permits and licenses unless otherwise stated. Owner
shall assist Contractor, when necessary, in obtaining
such permits and licenses. Contractor shall pay all
governmental charges and construction observation 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.
'
Contractor shall pay all charges of utility service
companies for connections to the work, and Owner shall
pay all charges of such companies for capital costs
related thereto such as plant investment fees.
8. Laws and Regulations
a. Contractor shall give all notices and comply with all
Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise
' expressly required by applicable Laws and
Regulations, neither Owner nor Engineer shall be
responsible for monitoring Contractor's compliance
with any Laws or Regulations.
b. If Contractor observes that the Specifications or
Drawings are at variance with any Laws or
Regulations, Contractor shall give Engineer prompt
written notice thereof, and any necessary changes
will be authorized by one of the methods indicated in
paragraph D.2. If Contractor performs any Work
knowing or having reason to know that it is contrary
to such Laws or Regulations, and without such notice
Ito Engineer, Contractor shall bear all costs arising
therefrom; however, it shall not be Contractor's
primary responsibility to make certain that the
Specifications and Drawings are in accordance with
such Laws and Regulations.
35 General Conditions
' City of Fayetteville
Sanitary Sewer Improvements
I
Paragraph G continued '
9. Taxes
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
the Project which are applicable during the performance
of the Work.
10. Use of Premises ,
a. Contractor shall confine construction equipment, the
storage of materials, and equipment and the
operations of workers to the Project 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 damage to any such land
or area, or to the owner or occupant thereof or of
any land or areas contiguous thereto, resulting from
the performance of the Work. Should any claim be
made against Owner or Engineer by any such owner or
occupant because of the performance of the Work,
Contractor shall promptly attempt to settle with such
other party by agreement or otherwise resolve the
claim by arbitration or at law. Contractor shall, to
the fullest extent permitted by Laws and Regulations,
indemnify and hold Owner and Engineer harmless from
and against all claims, damages, losses and expenses
(including, but not limited to, fees of engineers,
architects, attorneys and other professionals and
court and arbitration costs) arising directly,
indirectly or consequentially out of any action,
legal or equitable, brought by any such other party
against Owner or Engineer to the extent based on a
claim arising out of Contractor's performance of the
Work.
b. During the progress of the work, Contractor shall
keep the work site 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 premises as well as all tools,
appliances, construction equipment, and machinery,
and surplus materials, and shall leave the site clean
and ready for occupancy by Owner. Contractor shall
restore to their original condition those portions of
the site not designated for alteration by the
Contract Documents.
General Conditions 36
City of Fayetteville
Sanitary Sewer Improvements
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' Paragraph G.10 continued
c. 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.
11. Record Documents
' Contractor shall maintain in a safe place at the site one
record copy of all Drawings, Specifications, Addenda,
Written Amendments, Change Orders, Work Directive
Changes, Field Orders and written interpretations and
clarifications (issued pursuant to paragraph J.4) in good
order and annotated to show all changes made during
construction. These record documents together with all
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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 Drawings will be delivered to Engineer
for Owner.
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12. Safety and Protection
a. Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions
and programs 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:
(1) All employees on the work site and other persons
who may be affected thereby.
(2) All the work and all materials or equipment to
be incorporated therein, whether in storage on
or off the site.
(3) Other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities
not designated for removal, relocation, or
replacement in the course of construction.
b. Contractor shall comply with all applicable Laws and
Regulations of any public body having jurisdiction
for the safety of persons or property or to protect
them from damage, injury or loss; and shall erect and
maintain all necessary safeguards for such safety and
protection. Contractor shall notify owners of
adjacent property Underground Facilities and utility
owners when prosecution of the work may affect them,
and shall cooperate with them in the protection,
37 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph G.12.b continued '
removal, relocation and replacement of their
property. All damage, injury or loss to any property
referred to in paragraph G.12.a.(l) or G.12.a.(3)
caused, directly or indirectly, in whole or in part,
by Contractor, any Supplier or any other person or
organization directly or indirectly employed by any
of them 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 anyone employed by either of
them or anyone for whose acts either of them may be
liable, and not attributable, directly or indirectly,
in whole or in part, to the fault or negligence of
Contractor). Contractor's duties and '
responsibilities for the safety and 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 paragraph
0.12 that the work is acceptable (except as otherwise
expressly provided in connection with Substantial
Completion).
c. Contractor shall designate a responsible member of
his organization at the site whose duty shall be the
prevention of accidents. This person shall be
Contractor's superintendent unless otherwise
designated in writing by Contractor to Owner.
13. Emergencies ,
In emergencies affecting the safety or protection of ,
persons, the work, or property at the site or adjacent
thereto, Contractor, without special instruction or
authorization from Engineer or Owner, is obligated to act
to prevent threatened damage, injury, or loss. Contractor
shall give Engineer prompt written notice of any
significant changes in the work or deviations from the
Contract Documents caused thereby. If Engineer
determines that a change in the Contract Documents is
required because of the action taken in response to an
emergency, a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
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General Conditions 38
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph G continued
Shop Drawings and Samples
a. After checking and verifying all field measurements
and after complying with applicable procedures
specified in the General Requirements, Contractor
shall submit to Engineer for review, in accordance
with the Schedule of Shop Drawings, submissions which
will bear a stamp or specific written indication that
Contractor has performed Contractor's
responsibilities under the Contract Documents with
respect to the review of the submission. All
submissions will be identified as Engineer may
require. The data shown on the Shop Drawings will
be complete with respect to dimensions, design
criteria, materials of construction, and like
information to enable Engineer to review the
information as required.
b. Contractor shall also submit to Engineer for review
with such promptness as to cause no delay in work,
all samples required by the Contract Documents. All
samples will have been checked by and accompanied by
a specific written indication that Contractor has
performed Contractor's responsibilities under the
Contract Documents with respect to the review of the
submission and will be identified clearly as to
material, Supplier, pertinent data such as catalog
numbers and the use for which intended.
(1) Before submission of each Shop Drawing or sample
Contractor shall have determined and verified
all quantities, dimensions, specified
performance criteria, installation requirements,
materials, catalog numbers and similar data with
respect thereto and reviewed or coordinated each
Shop Drawing or sample with other Shop Drawings
and samples and with the requirements of the
Work and the Contract Documents.
(2) At the time of each submission, Contractor shall
in writing call Engineer's attention to any
deviations that the Shop Drawings or samples may
have from the requirements of the Contract
Documents, and, in addition, shall cause a
specific notation to be made on each Shop
Drawing submitted to Engineer for review and
approval of each such variation.
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39 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
Paragraph
Engineer will review with reasonable promptness Shop
Drawings and samples, but Engineer's review shall be
only for conformance with the design concept of the
Project and for compliance with the information given
in the Contract Documents and shall not extend to
means, methods, sequences, techniques or procedures
of construction (except where a specific means,
method, technique, sequence or procedure of
construction is indicated in or required by the
Contract Documents) or to safety precautions or
programs incident thereto. The review of a separate
item as such will not indicate compliance of the
assembly in which the item functions. Contractor
shall make any corrections required by Engineer and
shall return the required number of corrected copies
of Shop Drawings and resubmit new samples for review.
Contractor shall direct specific attention in writing
to revisions other than the corrections called for by
Engineer on previous submittals.
Engineer's review of Shop Drawings or samples shall
not relieve Contractor from responsibility for any
variation from the requirements of the Contract
Documents unless Contractor has in writing called
Engineer's attention to each such variation at the
time of submission as required by paragraph
G.14.b.(2) and Engineer has given written review of
each such variation by a specific written notation
thereof incorporated in or accompanying the Shop
Drawing or sample approval; nor will any review by
Engineer relieve Contractor from responsibility for
errors or omissions in the Shop Drawings or from
responsibility for having complied with the
provisions of paragraph G.14.b.(1).
Where a Shop Drawing or sample is required by the
Specifications, any related Work performed prior to
Engineer's review of the pertinent submission will be
the sole expense and responsibility of Contractor.
Continuing
Contractor shall carry on the work and maintain the
progress schedule during all disputes or disagreements
with Owner. No work shall be delayed or postponed
pending resolution of any disputes or disagreements,
except as permitted by paragraph P.3 or as Contractor
Owner may otherwise agree in writing.
General Conditions
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph G continued
16. Indemnification (Hold Harmless Agreement)
a. To the fullest extent permitted by Laws and
Regulations Contractor shall indemnify and hold
harmless Owner and Engineer and their consultants,
agents and employees from and against all claims,
damages, losses and expenses direct, indirect or
consequential (including but not limited to fees and
charges of engineers, architects, attorneys and other
professionals and court and arbitration costs)
arising out of or resulting from, the performance of
the work, provided that any such claim, damage, loss
or expense (a) 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 (b) is caused in whole or in part by any
negligent act or omission of Contractor, any
Subcontractor, 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
it is caused in part by a party indemnified hereunder
or arises by or is imposed by Law and Regulations
regardless of the negligence of any such party.
b. The foregoing Subparagraph shall, but not by way of
limitation, specifically include all claims and
judgements which may be made against the Owner,
Engineer, Engineer's consultants, and agents and
employees of any of them under the Illinois
Structural Work Law, and similar laws of other state
or governmental body having jurisdiction; and
further, against claims and judgements arising from
violations of public ordinances and requirements of
governing authorities due to the Contractor's or
Subcontractor's method of execution of the work.
c. In any and all claims against Owner or Engineer or
any of their consultants, agents or employees by any
employee of Contractor, any Subcontractor, 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 described hereinbefore
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
Subcontractor under workers' or workmen's
compensation acts, disability benefit acts, or other
employee benefit acts.
41 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph G.16 continued
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d. The obligations of Contractor under paragraph G.16
shall not extend to the liability of Engineer,
Engineer's consultants, agents or employees arising
out of the preparation or review of maps, drawings,
opinions, reports, surveys, Change Orders, designs,
or Specifications.
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Sanitary Sewer Improvements
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' H. Other Work
' 1. Related Work at Site
a. Owner may perform other work related to the Project
Rat the site by Owner's own forces, have other work
performed by utility owners or let other direct
contracts therefore which shall contain General
Conditions similar to these. If the fact that such
other work is to be performed was not noted in the
Contract Documents, written notice thereof will be
given to Contractor prior to starting any such other
work; and, if Contractor believes that such
performance will involve additional expense to
Contractor or requires additional time and the
' parties are unable to agree as to the extent thereof,
Contractor may make a claim therefore as provided in
paragraphs L and M.
' b. Contractor shall afford each utility owner and other
contractor who is a party to such a direct contract
(or Owner, if Owner is performing the additional 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 work, and shall properly
connect and coordinate the Work with theirs.
Contractor shall do all cutting, fitting and patching
of the Work that may be required to make its several
' parts come together properly and integrate with such
other work. Contractor shall not endanger any work
of others by cutting, excavating or otherwise
' 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
Rare for the benefit of such utility owners and other
contractors to the extent that there are comparable
provisions for the benefit of Contractor in said
direct contracts between Owner and such utility
owners and other contractors.
c. If any part of Contractor's Work depends for proper
execution or results upon the work of any such other
contractor or utility owner (or Owner), Contractor
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43 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph H.l.c continued ,
shall inspect and promptly report to Engineer in
writing any delays, defects or deficiencies in such
work that render it unavailable or unsuitable for
such proper execution and results. Contractor's
failure so to report will constitute an acceptance
of the other work as fit and proper for integration
with Contractor's Work except for latent or
nonapparent defects and deficiencies in the other
work. ,
2. Coordination
If Owner contracts with others for the performance of ,
other work on the Project at the site, the person or
organization who will have authority and responsibility
for coordination of the activities among the various
prime contractors will be identified in the Supplementary
Conditions, and the specific matters to be covered by
such authority and responsibility will be itemized, and
the extent of such authority and responsibilities will be
provided, in the Supplementary Conditions. Unless
otherwise provided in the Supplementary Conditions,
neither Owner nor Engineer shall have any authority or
responsibility in respect of such coordination.
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General Conditions 44
City of Fayetteville
Sanitary Sewer Improvements
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' Z. Owner's Responsibilities
Ii. Owner shall issue all communications to Contractor
through Engineer.
2. In case of termination of the employment of Engineer,
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.
Any dispute in connection with such appointment may be
subject to arbitration.
' 3. Owner shall furnish the data required of Owner under the
Contract Documents promptly and shall make payments to
Contractor promptly after they are due as provided in
paragraphs 0.2 and 0.7.
4. Owner's will provide lands and easenents and provide
engineering surveys to establish reference points as set
' forth in paragraphs E.1 and E.4. Paragraph E.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 in existing structures which
have been utilized by Engineer in preparing the Drawings
and Specifications.
'• 5. Owner's responsibilities in respect of purchasing
property insurance is set forth in paragraph F.7.
I6. Owner is obligated to execute Change Orders as indicated
in paragraph K.4.
7. Owner's responsibility in respect of certain
observations, tests, and reviews is set forth in
paragraph N.3.b.
8. In connection with Owner's right to stop Work or suspend
Work, see paragraphs N.5 and P.1. Paragraph P.2 deals
with Owner's right to terminate services of Contractor
under certain circumstances.
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45 General Conditions
' City of Fayetteville
Sanitary Sewer Improvements
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J. Engineer's Status During Construction I
1. Owners Representative '
Engineer will be Owner's representative during the
construction period. The duties, responsibilities and
the limitations •of authority of Engineer as Owner's
representative during construction are set forth in the
Contract Documents and shall not be extended without
written consent of Owner and Engineer. '
2. Visits to Site
Engineer will make visits to the site at intervals ,
appropriate to the various stages of construction to
observe the progress and quality of the executed Work and
to determine, in general, if the Work is proceeding in
accordance with the Contract Documents. Engineer will
not be required to make exhaustive or continuous on -site
observations 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 to the Contract
Documents. On the basis of such visits and on -site
observations as an experienced and qualified design
professional, Engineer will keep Owner informed of the
progress of the Work and will endeavor to guard Owner
against defects and deficiencies in the Work.
3. Project Representation ,
Engineer will furnish a Resident Project Representative
to assist Engineer in observing the performance of the
Work. The duties, responsibilities and limitations of
authority of any such Resident Project Representative and
assistants will be the same as the Engineer unless
otherwise designated in the Supplementary Conditions. I
4. Clarifications and Interpretations
Engineer will issue with reasonable promptness such 1
written clarifications or interpretations of the
requirements of the Contract Documents (in the form of
Drawings or otherwise) as Engineer may determine
necessary, which shall be consistent with or reasonably
inferable from the overall intent of the Contract
Documents. If Contractor believes that a written
clarification or interpretation justifies an increase in
the Contract Price or an extension of the Contract Time
and the parties are unable to agree to the amount or
extent thereof, Contractor may make a claim therefor as
provided in paragraphs L or M.
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General Conditions 46
City of Fayetteville
Sanitary Sewer Improvements
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' Paragraph J continued
5. Authorized Variations in Work
' Engineer may authorize minor variations in the work from
the requirements of the Contract Documents which do not
' involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent
of the Contract Documents. These may be accomplished by
a Field Order and will be binding on Owner, and also on
' Contractor who shall perform the Work involved promptly.
If Contractor believes that a Field Order justifies an
increase in the Contract Price or an extension of the
' Contract Time and the parties are unable to agree as to
the amount or extent thereof, Contractor may make a claim
therefor as provided in paragraphs L or M.
6. Rejecting Defective Work
Engineer will have authority to reject Work which
Engineer believes to be defective, and will also have
authority to require special review, observation, or
testing of the Work as provided in paragraph N.4.b,
' whether or not the Work is fabricated, installed or
completed.
7. Shop Drawings, Change Orders, and Payments
' a. In connection with Engineer's responsibility for Shop
Drawings and samples, see paragraphs G.14.
b. In connection with Engineer's responsibilities as to
Change Orders, see paragraphs K, L, and M.
IC. In connection with Engineer's responsibilities in
respect of Applications for Payment, etc., see
paragraph O.
' 8. Determinations for Unit Prices
' Engineer will have authority to determine the actual
quantities and classifications of items of Unit Price
Work performed by contractor, and the written decisions
of Engineer on such matters will be final, binding on
Owner and Contractor and not subject to appeal (except as
modified by Engineer to reflect changed factual
conditions).
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47 General Conditions
' City of Fayetteville
Sanitary Sewer Improvements
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Paragraph J continued I
9. Decisions on Disputes
a. Engineer will be the initial interpreter of the
requirements of the Contract Documents and judge of
the work thereunder. Claims, disputes and other
matters relating to the Work or the interpretation of
the requirements of the Contract Documents pertaining
to the performance and furnishing of the Work and
claims under paragraphs L and M in respect of changes
in the Contract Price or Contract Time will be
referred initially to Engineer in writing with a
request for a formal decision in accordance with this
paragraph, which Engineer will render in writing
within a reasonable time. Written notice of each
such claim, dispute and other matter will be
delivered by the claimant to Engineer and the other
party to the Agreement promptly (but in no event
later than thirty days) after the occurrence of the
event giving rise thereto, and written supporting
data will be submitted to Engineer and the other
party within sixty (60) days after such occurrence
unless Engineer allows an additional period of time
to ascertain more accurate data in support of the
claim.
b. When functioning as interpreter and judge under
paragraphs 3.4 and J.9, Engineer will not show
partiality to Owner or Contractor and will not be
liable in connection with any interpretation or
decision rendered in good faith in such capacity. The
rendering of a decision by Engineer pursuant to
paragraphs J.4 and J.9 with respect to any such
claim, dispute or other matter (except any which have
been waived by the making or acceptance of final
payment as provided in paragraph 0.14) will be a
condition precedent to any exercise by Owner or
Contractor of such rights or remedies as either may
otherwise have under the Contract Documents or by
Laws or Regulations in respect of any such claim,
dispute or other matter.
General Conditions 48
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph J continued
10. Limitations on Engineer's Responsibilities
a. Neither Engineer's authority to act under this
paragraph I or elsewhere in the Contract Documents
nor any decision made by Engineer in good faith
either to exercise or not exercise such authority
shall give rise to any duty or responsibility of
Engineer to Contractor, any Subcontractor. Supplier,
or any of their agents or employees or any other
person performing any of the Work, or to any surety
for any of them.
b. Whenever in the Contract Documents the terms "as
ordered", "as directed", "as required", "as allowed"
or terms of like effect or import are used, or the
adjectives "reasonable", "suitable", "proper" or
adjectives of like effect or import are used, to
describe requirement, direction, review or judgment
of Engineer as to the work, it is intended that such
requirement, direction, review or judgment will be
solely to evaluate the work for compliance with the
Contract Documents (unless there is a specific
statement indicating otherwise). The use of any such
terse or adjective shall not be effective to assign to
Engineer any duty to authority to perform,
construction observation or direct performance of the
Work or authority to undertake responsibility
contrary to the provisions of paragraph I.8.c or
I.8.d.
c. Engineer will not be responsible for Contractor's
means, methods, techniques, sequences or procedures
of construction, or the safety precautions and
programs incident thereto, and Engineer will not be
responsible for Contractor's failure to perform the
Work in accordance with the Contract Documents.
d. Engineer will not be responsible for the acts or
omissions of Contractor or of any Subcontractors, or
of the agents or employees of any Contractor or
Subcontractor, any Supplier, or of any other person
or organization performing or furnishing any of the
Work.
49 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
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K. Changes in Work I
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;
these will be authorized by a Written Amendment, a Change
Order, or a Work Directive Change. Upon receipt of any
such document, Contractor shall promptly proceed with the
Work involved which will be performed under the
applicable conditions of the Contract Documents (except
as otherwise specifically provided).
2. If Owner and Contractor are unable to agree as to the
extent, if any, of an increase or decrease in the
Contract Price or an extension or shortening of the
Contract Time that should be allowed as a result of a
Work Directive Change, a claim may be made therefor as
provided in paragraph L or M.
3. Contractor shall not be entitled to an increase in the
Contract Price or an extension of the Contract Time with
respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented
as provided in paragraph D.2 except in the case of an
emergency as provided in paragraph G.13 and except in the
case of uncovering Work as provided in paragraph N.4.b.
4. Owner and Contractor shall execute appropriate Change
Orders (or Written Amendments) covering:
a. Changes in the Work which are ordered by owner '
pursuant to paragraph K.1, are required because of
defective Work under paragraph N.8 or correcting
defective Work under paragraph N.9, or are agreed to
by the parties;
b. Changes in the Contract Price or Contract Time which '
are agreed to by the parties; and
c. Changes in the Contract Price or Contract Time which
embody the substance of any written decision rendered
by Engineer pursuant to paragraph 3.9.
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, Contractor shall carry on the Work and adhere to
the progress schedule as provided in paragraph G.15.
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General Conditions 50
City of Fayetteville
Sanitary Sewer Improvements
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' Paragraph K continued
5. If notice of any change affecting the general scope of
the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or
Contract Time) is required by the provisions of any Bond
to be given to a surety, the giving of any such notice
will be Contractor's responsibility, and the amount of
each applicable Bond will be adjusted accordingly.
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51 General Conditions
City of Fayetteville
' Sanitary Sewer Improvements
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L. Changes in Contract Price I
1. The Contract Price constitutes the total compensation
(subject to authorized adjustments) payable to Contractor
for performing the Work. All duties, responsibilities
and obligations assigned to or undertaken by Contractor
shall be at his expense without change in the Contract
Price.
2. The Contract Price may only be changed by a Change Order
or by a Written Amendment. Any claim for an increase or
decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the
other party and to Engineer promptly (but in no event
later than thirty (30) days) after the occurrence of the
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 (60)
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
claimant's written statement that the amount claimed
covers all known amounts (direct, indirect and
consequential) to which the claimant is entitled as a
result of the occurrence of said event. All claims for
adjustment in the Contract Price shall be determined by
Engineer in accordance with paragraph J.9.a if Owner and
Contractor cannot otherwise agree on the amount involved.
No claim for an adjustment in the Contract Price will be
valid if not submitted in accordance with this paragraph
L.2.
3. The value of any Work covered by a Change Order or of any
claim for an increase or decrease in the Contract Price
'
shall be determined in one of the following ways:
a. Where the Work involved is covered by unit prices
contained in the Contract Documents, by application
of unit prices to the quantities of the items
involved (subject to the provisions of paragraph
L.7).
b. By a mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with paragraph L.5.a.(2)(a).
c. On the basis of the Cost of the Work (determined as
provided in paragraphs L.4.a and L.5.b) plus a
Contractor's Fee for overhead and profit (determined
as provided in paragraphs L.5.a and L.5.b.
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City of Fayetteville
Sanitary Sewer Improvements
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' Paragraph L continued
4. Cost -of -Work
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a. The term Cost -of -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 L.4.b:
(1) Payroll costs for employees in the direct employ
of Contractor in the performance of the Work
under schedules of job classifications agreed
upon by Owner and Contractor. Payroll costs for
employees not employed full time on the Work
shall be apportioned on the basis of their time
spent on the Work. Payroll costs shall include,
but not be limited to, salaries and wages plus
the cost of fringe benefits which shall include
social security contributions, unemployment,
excise and payroll taxes, workers' or workmen's
compensation, health and retirement benefits,
bonuses, sick leave, vacation and holiday pay
applicable thereto. Such employees shall
include superintendents and foremen at the site.
The expenses of performing Work after regular
working hours, on Sunday or legal holidays,
shall be included in the above to the extent
authorized by Owner.
(2) Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and
Supplier's field services required in connection
therewith. All case discounts shall accrue to
Contractor unless Owner deposits funds with
Contractor with which to make payments, in which
case the cash discounts shall accrue to Owner.
All trade discounts, rebates and refunds, and
all returns from, sale of surplus materials and
equipment shall accrue to Owner and Contractor
shall make provisions so that they may be
obtained.
53 General Conditions
City of Fayetteville
Saritary Sewer Improvements
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Paragraph L.4.a continued '
(3) Payments made by Contractor to the
Subcontractors for Work performed by
Subcontractors. If required by owner,
Contractor shall obtain competitive bids from
Subcontractors acceptable to Contractor and
shall deliver such bids to Owner who will then
determine, with the advice of Engineer, which
bids may be accepted. If a Subcontract provided
that the Subcontractor is to be paid on the
basis of Cost of the Work Plus a Fee, the
Subcontractor's Cost of the Work shall be
determined in the same manner as Contractor's
Cost of the Work. All subcontracts shall be
subject to the other provisions of the Contract
Documents insofar as applicable.
(4) Costs of special consultants (including, but not
limited to, engineer, architects, testing
laboratories, surveyors, lawyers and
accountants) employed for services specifically
related to the Work.
(5) Supplemental costs including the following: I
(a) The proportion of necessary transportation,
travel and subsistence expenses of
Contractor's employees incurred in discharge
of duties connected with the Work.
(b) Cost, including transportation and '
maintenance, of all materials, supplies,
equipment, machinery, appliances, office and
temporary facilities at the site and hand
tools not owned by the workmen, which are
consumed in the performance of the work, and
cost less market value of such items used
but not consumed which remain the property
of Contractor.
(c) Rentals of all construction equipment and '
machinery and the parts thereof whether
rented from Contractor or others in
accordance with rental agreements reviewed
by Owner with the advice of Engineer, and
the cost of transportation, loading,
unloading, installation, dismantling and
removal thereof - all in accordance with
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.
General Conditions 54
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph L.4.a.(5) continued
(d) Sales, consumer, use or similar taxes
' related to the work, and for which
Contractor is liable, imposed by Laws and
Regulations.
(e) Deposits lost for causes other than
negligence 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.
(f) Losses and damages (and related expenses),
not compensated by insurance or otherwise,
to the Work or otherwise sustained by
Contractor in connection with the execution
of the work, provided they have resulted
from causes other than the negligence of
Contractor, 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
settlements made with the written consent
and review 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 Contractor is placed in
charge thereof, Contractor shall be paid for
services a proportionate fee to that stated
in paragraph L.5.a.(2).
(g) The cost of utilities, fuel and sanitary
facilities at the site.
(h) Minor expenses such as telegrams, long
distance telephone calls, telephone service
at the site, expressage and similar petty
cash items in connection with the Work.
(i) Cost of premiums for additional Bonds and
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insurance required because of changes in the
Work.
b. The term Cost -of -Work shall not include any of the
following:
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55 General Conditions
' City of Fayetteville
Sanitary Sewer Improvements
Paragraph L.4.a. continued
(1) Payroll costs and other compensation of
Contractor's officers, executives, principals
(of partnership and sole proprietorships),
general managers, engineers, architects,
estimators, lawyers, auditors, accountants,
purchasing and contracting agents, expeditors,
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 L.4.a.(l) or specifically covered by
paragraph L.4.a.(4) - all of which are to be
considered administrative costs covered by the
Contractor's Fee.
(2) Expenses of Contractor's principal and branch
offices other than Contractor's office at the
site.
(3) Any part of Contractor's capital expenses,
including interest on Contractor's capital
employed for the Work and charges against
Contractor for delinquent payments.
(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 paragraph L.4.a.(5)(i)).
(5) Costs due to the negligence of Contractor, any
Subcontractor, or anyone directly or indirectly
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.
(6) Other overhead or general expense costs of any
kind and the costs of any item not specifically
and expressly included in paragraph L.4.a.
General Conditions 56
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph L continued
5. Contractor's Fee
' a. The Contractor's Fee allowed to Contractor for
overhead and profit shall be determined as follows:
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(1) A mutually agreed fixed fee; or if none can be
agreed upon,
' (2) A fee based on the following percentages of the
various portions of the Cost of the Work:
(a) The Contractor's Fee shall be fifteen (15)
percent for payroll costs and the cost of
materials and equipment as defined in
paragraphs L.4.a.(l) and L.4.a.(2);
' (b) The Contractor's Fee shall be five (5)
percent on the work performed by
' Subcontractors as defined in paragraph
L.4.a.(3); and if a Subcontract is on the
basis of Cost -of -Work plus a Fee, the
maximum allowable to the Subcontractor as a
fee for overhead and profit shall be fifteen
(15) percent;
' (c) No fee shall be payable on costs defined in
paragraphs L.4.a.(4), L.4.a.(5), and L.5
(costs associated with supplemental costs or
special consultants);
(d) The amount of credit to be allowed by
Contractor to Owner for any such change
' which results in a net decrease in cost,
will be the amount of the actual net
decrease plus a deduction in Contractor's
' Fee by an amount equal to ten (10) percent
of the net decrease; and
(e} 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 L.5.a.(2)(a) through
L.5.a.(2)(d), inclusive.
b. Whenever the cost of any Work is to be determined
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pursuant to paragraph L.4, Contractor will submit an
itemized cost breakdown together with supporting
data.
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57 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph L continued I
6. Cash Allowances:
a. 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 done by such Subcontractors or
Suppliers and for such sums within the limit of the
allowances as may be reviewed by the Engineer.
Contractor agrees that:
(1) The allowances include the cost to Contractor
(less any applicable trade discounts) of
materials and equipment required by the
allowances to be delivered to the site, and all
applicable taxes; and
(2) Contractor's costs for unloading and handling 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. No demand for
additional payment on account of any thereof
will be valid.
b. 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.
7. Unit Price Work:
a. 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 prices 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 classifications of Unit Price Work
performed by Contractor will be made by Engineer in
accordance with Paragraph 3.8. ,
b. 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 separately
identified item.
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General Conditions 58
City of Fayetteville
Sanitary Sewer Improvements
1 Paragraph L.7 continued
c. The unit price of an item of Unit Price Work shall be
' subject to re-evaluation and adjustment under the
following conditions:
' (1) If the total cost of a particular item of Unit
Price Work amounts to 115 percent or more of the
Contract Price and the variation in the quantity
of that particular item of Unit Price Work
performed by Contractor differs by more than 15
percent from the estimated quantity of such item
indicated in the Agreement; and
' (2) If there is no corresponding adjustment with
respect to any other item of Work; and
' (3) If Contractor believes that it has incurred
additional expense as a result thereof; or
' (4) If Owner believes that the quantity variation
entitles it to an adjustment in the unit price,
either Owner or Contractor may make a claim for
' a adjustment in the Contract Price in accordance
with Paragraph L if the parties are unable to
agree as to effect of any such variations in the
quantity of Unit Price Work performed.
8. Limits of Authority:
' a. The Contractor shall note and abide by the following
Owner's and Engineer's limits of authority for
changes in the Work which require a change in the
Contract Price and Contract Time.
Except in the case of extreme emergency to protect
the public safety, public welfare or substantial
' Work, the following limits of authority to the Owner
and Engineer shall apply:
' Engineer's Representative - No authority
Water/Sewer Maintenance Superintendent - $5,000.00
Public Works Director - $10,000.00
Mayor - $20,000.00 or any City Council pre -approved
contingency.
All accumulative changes which result in Contract
' Price changes in excess of $20,000.00 or any City
Council pre -approved contingency shall require the
formal approval of the Fayetteville City Council.
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59 General Conditions
' City of Fayetteville
Sanitary Sewer Improvements
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M. Changes in Contract Time
1. General
a. The Contract Time may only be changed by a Change
Order or a Written Amendment. Any claim for an
extension or shortening of the Contract Time 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 (30) 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 (60) 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 Time shall be
determined by Engineer in accordance with paragraph
J.8 if Owner and Contractor cannot otherwise agree.
No claim for an adjustment in the Contract Time will
be valid if not submitted in accordance with the
requirements of this paragraph M.l.a.
b. The Contract Time may be extended in an amount equal
to time lost due to delays (unavoidable delays)
beyond the control of Contractor if a claim is made
as provided in paragraph M.l.a. Such delays shall
include, but not be limited to, acts or neglect by
Owner or others performing additional work as
contemplated by paragraph H, or to fires, floods,
labor disputes, epidemics, abnormal weather
conditions, or acts of God.
c. All time limits stated in the Contract Documents are
of the essence of the Agreement. Provisions of this
paragraph M.1 shall not exclude recovery for damages
(including but not limited to fees and charges of
engineers, architects, attorneys and other
professionals and court and arbitration costs) for
delay by either party.
General Conditions 60
City of Fayetteville
Sanitary Sewer Improvements
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IParagraph M continued
2. Delays
a. Avoidable Delays
(1) Avoidable delays in the prosecution or
completion of the Work shall include all delays
which might have been avoided by the exercise of
care, prudence, foresight, or diligence on the
part of the Contractor.
(2) Delays in the prosecution of parts of the work
which may in themselves be unavoidable but do
not necessarily prevent or delay the prosecution
of other parts of the work nor the completion of
the whole work within the time herein specified;
reasonable loss of time resulting from the
necessity of submitting drawings to the Engineer
for approval and from the making of surveys,
measurements, and observations; and such
interruptions as may occur in the prosecution of
the work on account of the reasonable
interference of other Contractors employed by
the Owner, which do not necessarily prevent the
completion of the whole work within the time
herein specified, will be deemed avoidable
delays within the meaning of. this Contract.
b. Unavoidable Delays
Unavoidable delays in the prosecution or completion
of the Work under this Contract shall include all
delays which may result through causes beyond the
control of the Contractor and which he could not have
provided against by the exercise of care, prudence,
foresight, or diligence. Such delays shall include,
but not be limited to, acts or neglect by Owner or
others performing additional work as contemplated by
paragraph H or to fires, floods, labor disputes,
epidemics, abnormal weather conditions or acts of
God. Orders issued by the Owner changing the amount
of Work to be done, the quantity of material to be
furnished, or the manner in which the Work is to be
prosecuted; failure of the Owner to provide rights-
of- way; and unforeseen delays in the completion of
the Work of other contractors under contract with the
Owner will be considered unavoidable delays, so far
as they necessarily interfere with the Contractor's
completion of the whole of the Work. Delays due to
61 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph M.2.b continued I
adverse weather conditions will not be regarded as
unavoidable delays as the Contractor should
understand that such conditions are to be expected
and plan his work accordingly.
3. Extension of Time I
a. For Unavoidable Delays
For delays which are unavoidable as provided in
paragraph M.2.b, as determined by the Owner, the
Contractor will be allowed, if he applies for the
same, an extension of time beyond the time specified
for completion, proportionate to such unavoidable
delay or delays, within which to complete the '
Contract. The Contractor will not be charged, because
of any extension of time for such unavoidable delay,
any liquidated damage and/or actual damages as
provided in paragraph R.
b. For Avoidable Delay
(1) Extensions of time will not be granted because I
of avoidable delays.
(2) Contractor will be charged liquidated damages or
actual damages as provided in paragraph R for
avoidable delays.
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General Conditions 62
City of Fayetteville
Sanitary Sewer Improvements
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N. Warranty and Guarantee; Tests and Observations; Correction,
Removal, or Acceptance of Defective Work
1. Warranty and Guarantee
Contractor warranties and guarantees to Owner and
Engineer that all work will be in accordance with the
Contract Documents and will not be defective. Prompt
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71
L
notice of all defects shall be given to Contractor. All
defective Work, whether or not in place, may be rejected,
corrected or agreed to as provided in this paragraph N.
Access to Work
Engineer and Engineer's representatives, other
representatives of Owner, testing agencies and
governmental agencies with jurisdictional interests will
have access to the work at reasonable times for
observation and testing. Contractor shall provide proper
and safe conditions for such access.
Tests and Observations
a. Contractor shall give Engineer timely notice of
readiness of the Work for all required observations,
tests, or reviews.
b. If Laws or Regulations of any public body having
jurisdiction requires any Work (or part thereof) to
specifically be observed or tested. Contractor shall
assume full responsibility therefor, pay all costs in
connection therewith and furnish Engineer with the
required certificates of inspection, testing, or
approval. Contractor shall also be responsible for
and shall pay all costs in connection with any
inspection or testing required in connection with
Owner's or Engineer's agreed to Supplier of materials
or equipment proposed to be incorporated in the work,
or of materials or equipment submitted for approval
prior to Contractor's purchase thereof for
incorporation in the Work. The cost of all
observations, tests, and approvals in addition to the
above which are required by the Contract Documents
shall be paid by Owner (unless otherwise specified).
All observations, tests, or reviews other than those
required by Laws or Regulations of any public body
having jurisdiction shall be performed by
organizations agreed to by Owner and Contractor (or
by Engineer if so specified).
63 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
I
Paragraph N.3 continued I
d. If any Work (including the work of others) that is to
be observed or tested is covered without written
concurrence of Engineer, it must, if requested by
Engineer, be uncovered for observation. Such
uncovering shall be at Contractor's expense unless
Contractor has given Engineer timely notice of
Contractor's intention to cover such work and
Engineer has not acted with reasonable promptness in
response to such notice. I
e. Neither observations by Engineer nor observations,
tests, or reviews by others shall relieve Contractor
from his obligations to perform the work in
accordance with the Contract Documents.
4. Uncovering work 1
a. 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.
b. If Engineer considers it necessary or advisable that
covered work be observed by Engineer or tested by
others, Contractor, at Engineer's request, shall
uncover, expose or otherwise make available for
observation 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
bear all the expenses of such uncovering, exposure,
observation, testing and reconstruction, (including
but not limited to fees and charges of engineers,
architects, attorneys and other professionals), and
Owner shall be entitled to an appropriated 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 paragraph L. 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 Time, or both, directly
attributable to such uncovering, exposure,
observation, testing and reconstruction; and, if the
parties are unable to agree as to the amount or
extent thereof, Contractor may make a claim therefor
as provided in paragraphs L and M. I
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General Conditions 64
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph N continued
5. Owner May Stop the Work
' If the work is defective, or Contractor fails to supply
sufficient skilled workmen or suitable materials or
equipment, 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 shall not give rise to any duty on
the part of the Owner to exercise this right for the
benefit of Contractor or any other party.
6. Correction or Removal of Defective Work
a. If required by Engineer, Contractor shall promptly,
as directed, either correct all defective Work,
whether or not fabricated, installed or completed,
1 or, if the Work has been rejected by Engineer, remove
it from the site and replace it with suitable Work.
Contractor shall bear all direct, indirect and
consequential costs of such correction or removal
(including but not limited to fees and charges of
engineers, architects, attorneys, and other
professionals) made necessary thereby.
b. If the Contractor fails to remove defective work
within ten days after receipt of written notice, the
' rejected material or work may be removed by the Owner
and the cost of such removal shall be taken out of
the money that may be due or may become due the
' Contractor on account of or by virtue of this
Contract. No such rejected material shall again be
offered for use by the Contractor under this
Contract.
7. One Year Correction Period
If within one year after the date of Substantial
Completion or such longer period of time as may be
prescribed by Laws or Regulations by the terms of any
applicable special guarantee required by the Contract
Documents or by any specific provision of the Contract
Documents, any work is found to be defective, Contractor
shall promptly, without cost to Owner and in accordance
with Owner's written instructions, either correct such
defective work, or, if it has been rejected by Owner,
remove it from the site and replace it with nondefective
work. If Contractor does not promptly comply with the
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65 General Conditions
' City of Fayetteville
Sanitary Sewer Improvements
I
Paragraph N.7 continued
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 direct and indirect
costs of such removal and replacement (including but not
limited to fees and charges of engineers, architects,
attorneys and other professionals) will be paid by
Contractor. In special circumstances where a particular
item of equipment is placed in continuous service before
Substantial 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.
8. Acceptance of Defective Work
If, instead of requiring correction or removal and
replacement of defective work, Owner (and, prior to
Engineer's recommendation of final payment, also
Engineer) prefers to accept it, Owner may do so.
Contractor shall bear all direct, indirect and
consequential costs attributable to Owner's evaluation of
and determination to accept such defective Work (such
costs to be reviewed by Engineer as to reasonableness and
to include but not be limited to fees and charges of
engineers, architects, attorneys and other
professionals). If any such acceptance occurs prior to
Engineer's recommendation of final payment, a Change
Order will be issued incorporating the necessary �.
revisions in the Contract Documents with respect to the
Work; and Owner shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are
unable to agree as to the amount thereof, Owner may make
a claim therefor as provided in paragraph L. If the
acceptance occurs after such recommendation, an
appropriate amount will be paid by Contractor to Owner. I
9. Owner May Correct Defective Work
If Contractor fails within a reasonable time after 1
written notice of Engineer to proceed to correct
defective work or to remove and replace rejected work as
required by Engineer in accordance with or if Contractor
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 his right
under this paragraph Owner shall proceed expeditiously.
To the extent necessary to complete corrective and
remedial action, Owner may exclude Contractor from
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General Conditions 66
City of Fayetteville
Sanitary Sewer Improvements
I
Paragraph 1.1.9 continued
all or part of the site, take possession of all or part
' of the work, and suspend Contractor's services related
thereto, take possession of Contractor's tools,
appliances, construction 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 such access to the site as may be necessary to
enable Owner to exercise his rights under this paragraph.
All direct, indirect and consequential costs of Owner in
exercising such rights and remedies will be charged
against Contractor in an amount reviewed by Engineer, 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 paragraph L. Such
direct, indirect and consequential costs will include but
not be limited to fees and charges of engineers,
architects, attorneys and other professionals, all court
land arbitration costs and all costs of repair and
replacement 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 Time because of any delay in
performance of the work attributable to the exercise by
Owner of Owner's rights hereunder.
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67 General Conditions
' City of Fayetteville
Sanitary Sewer Improvements
O. Payments to Contractor and Completion I
1. Schedules I
The schedule of values established as provided in
paragraph C.7 will serve as the basis for progress
payments and will be incorporated into a form of
Application for Payment. Progress payments on account of
Unit Price work will be based on the number of units
completed.
2. Application for Progress Payments
a. The contractor shall, on the 25th day of each
calendar month, together with a representative of the
Engineer, make an estimate of the value of the work
performed as of the 15th day of the month in
accordance with this Contract since the last
preceding estimate was made.
The Contractor shall then prepare and submit the t
estimate to the Engineer on the periodical estimate
for partial payment forms, copies of which are bound
with these Contract Documents. The number of copies
to be submitted will be determined by the Engineer
after construction has started.
b. Upon presentation of certified copies of purchase
bills and freight bills, the Owner will permit
inclusion in such monthly estimates payment for
materials that will eventually be incorporated in the
project, providing that such material is suitably
stored on the site at the time of submission of the ,
estimate for payment. At the time the next following
monthly estimate is submitted, certified copies of
receipted purchase and freight bills for the stored
materials included in the monthly payment estimate
submitted two months previously shall be submitted.
If the Contractor fails to submit proof of payment
with the monthly payment estimate, those items of
stored materials for which no proof of payment has
been submitted will be deleted from the current
payment estimate. Such materials when so paid for by
the Owner will become the property of the Owner and,
in case of default on the part of the Contractor, the
Owner may use or cause to be used by others these
materials in construction of the project. However,
the Contractor shall be responsible for safe guarding
such materials against loss or damage of any nature
whatsoever, and in case of any loss or damage the
Contractor shall replace such lost or damaged
materials at no cost to the Owner.
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General Conditions 68
City of Fayetteville
Sanitary Sewer Improvements
I
IParagraph O.2.b continued
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c. No application for partial payment shall be made
when, in the judgement of the Engineer, the total
value of the Work done and materials incorporated
into the Work under this Contract since the last
preceding estimate amount is less than $10,000.
d. Applications for payment shall be signed by the
Engineer and approved by the Owner, and after such
approval, the Owner, subject to the foregoing
provisions, will pay or cause to be paid an amount
equal to the estimated value of the work performed
less a retained amount in accordance with the
following schedule:
(1) Ten (10) percent until construction is
50 percent complete.
(2) Five (5) percent after construction is
50 percent complete, provided that the
Contractor is making adequate progress and there
is no specific cause for greater withholding.
(3) When the project is substantially complete
(operational or beneficial use as determined by
the Engineer) the retained amount will be
t reduced to two (2) percent of the value of work
which is substantially complete, or two hundred
(200) percent of the value of each item as
1 determined by the Engineer to complete said item
or items of work, whichever is greater.
e. Contractor shall furnish with each application for
payment a Contractor's sworn affidavit listing all
parties to receive payments on that request.
Except as provided in paragraph O.2.b, the first
application for payment shall be of the value of
the work done and of materials proposed and
suitable for permanent incorporation in the
work, delivered, and suitably and safely stored
at the site of the work since the Contractor
shall have begun the performance of this
Contract; and every subsequent estimate, except
the final estimate, shall be of value of the
work done and materials delivered and suitably
stored at the site of the work since the last
preceding estimate was made.
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69 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
I
Paragraph O.2 continued 1
f. If required by the regulatory agencies, the
Contractor and his subcontractor shall prepare weekly
sworn affidavits with respect to the payment of wages
in accordance with the provisions as set forth in the
"Anti -Kickback" Act, and submit affidavits with the
progress payment requests.
3. Unit Price Items
a. Unit price items listed in the Bid form and in the
Agreement form may be of two types, "unit price
construction items", and "unit price work items
ordered by the Engineer during construction". For
all unit price items quantities as set forth are the
best estimates which can be made during design, since
actual quantities cannot be determined until
construction is underway.
b. The Contractor shall study carefully the
Specifications to determine the extent and scope of
the work included under lump sum items in the
Contract. It may be that work under some unit price
items is in addition to similar work to be performed
under lump sum items and paid for thereunder.
c. Unit Price Construction Items I
Unit price construction items will be used to pay for
work not included under a lump sum item but required
by the Contract.
d. Unit Price Work Items Order by the Engineer During
Construction I
These unit price items will be used to pay for
designated work, not shown on the Contract Drawings,
when ordered by the Engineer in writing during
construction.
4. Reporting and Invoicing Cost -of -Work I
All cost -of -work items shall be reported daily and signed
by the Contractor and the Engineer, which daily reports
shall thereafter be considered the true record of cost-
of- work done. 'Completely detailed invoices covering the
cost -of -work shall be submitted for payment not later
than 15 days after the completion of the work. The
charges for work performed by the Contractor, by a
Subcontractor, and by an employee of a Subcontractor
shall be reported separately. Substantiating invoices
from suppliers, vendors and Subcontractors shall be
included with the Contractor's invoices. The Contractor
General Conditions 70 '
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph O.4 continued
shall permit examination of accounts, bills, and vouchers
relating to the cost -of -work when requested by the
Engineer.
5. Partial Waiver of Liens II Partial waiver of liens shall accompany each payment
request to cover the full amount of the previous payment
request. The Contractor shall procure from each and
every Subcontractor and suppliers of material or labor a
partial waiver of lien to release the Owner of any claim
to a mechanics lien, which they or any of them may have
under the mechanics lien laws of the State in which the
project is located. Any payments made by the Owner
without requiring strict compliance to the terms of this
paragraph shall not be construed as a waiver by the Owner
of the right to insist upon strict compliance with the
terms of this approach as a condition of later payments.
6. Contractor's Warranty of Title
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.
7. Review of Progress Payment Requests
ia. Engineer will, within fifteen (15) days after receipt
of each payment request, either indicate in writing a
recommendation of payment and present the request to
Owner, or return the payment request to Contractor
indicating in writing Engineer's reasons for refusing
to recommend payment. In the latter case, Contractor
may make the necessary corrections and resubmit the
request. Thirty (30) days after presentation of the
Application for Payment with Engineer's
recommendation, the amount recommended will (subject
to the provisions of paragraph O.7.f) become due and
when due will be paid by Owner to Contractor.
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71 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
Paragraph 0.7 continued
b. Engineer's recommendation of any payment requested in
a payment request will constitute a representation by
Engineer to Owner, based on Engineer's on -site
observations of the work in progress as an
experienced and qualified design professional and on
Engineer's review of the payment request and the
accompanying data and schedules that the Work has
progressed to the point indicated; that, to the best
of the Engineer's knowledge, information and belief,
the quality of the work is in accordance with the
Contract Documents (subject to an evaluation 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
J.8 and to any other qualifications stated in the
recommendation); and that Contractor is entitled to
payment of the amount recommended. However, by
recommending any such payment, Engineer will not
thereby be deemed to have represented that exhaustive
or continuous on -site observations have been made to
check the quality or the quantity of the work, or
that the means, methods, techniques, sequences, and
procedures of construction have been reviewed or that
any examination has been made to ascertain how or for
what purpose Contractor has used the moneys paid or
to be paid to Contractor on account of the Contract
Price, or that title to any work, materials or
equipment has passed to Owner free and clear of any
Liens.
c. Engineer's recommendation of final payment will I
constitute an additional representation by Engineer
to Owner that the conditions precedent to
Contractor's being entitled to final payment as set
forth in paragraph O.8.a have been fulfilled.
d. Engineer may refuse to recommend the whole or any
part of any payment if, in Engineer's opinion, it
would be incorrect to make such representations to
Owner. Engineer may also refuse to recommend any
such payment, or, because of subsequently discovered
evidence or the results of subsequent observations or
tests, nullify any such payment previously
recommended; to such extent as may be necessary to
Engineer's opinion to protect Owner from loss
because:
(1) The Work is defective, or completed work has I
been damaged requiring correction or
replacement.
General Conditions 72
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph O.7.d continued
(2) The Contract Price has been reduced by Written
Amendment or Change Order.
(3) Owner has been required to correct defective
Work or complete the Work in accordance with
paragraph N.6.b.
(4) Engineer's actual knowledge of the occurrence of
any of the events enumerated in paragraphs
P.2.a.(1) through P.2.a.(9) inclusive.
e. Owner may refuse to make payment of the full amount
recommended by Engineer because claims have been made
against Owner on account of Contractor's performance
or furnishing of the Work or Liens have been filed in
connection with the Work or there are other items
entitling Owner to a set-off against the amount
recommended, but Owner must give Contractor immediate
written notice (with a copy to Engineer) stating the
reasons for such action.
8. Substantial Completion
a. When Contractor considers the entire work ready for
its intended use and all final restoration and
testing is complete, Contractor shall notify Owner
and Engineer in writing the entire Work is
Substantially Complete and request that Engineer
issue a Statement of Substantial Completion. Within
a reasonable time thereafter, Owner, Contractor and
Engineer shall make an observation of the Work to
determine the status of completion. If Engineer does
not consider the work Substantially Complete,
Engineer will notify Contractor in writing, giving
his reasons therefore. If Engineer considers the
work substantially complete, Engineer will prepare
and deliver to Owner a tentative Statement of
Substantial Completion 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. This
list shall be called a punch list. Owner shall have
fourteen (14) days after receipt of the tentative
certificate during which he may 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 his reasons therefore. If, after
consideration of owner's objections, Engineer
73 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
considers the Work Substantially Complete, Engineer
will within said fourteen (14) days execute and
deliver to Owner and Contractor a definitive
Statement of Substantial Completion (with a revised
tentative list of items to be completed or corrects
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 Statement of
Substantial Completion Engineer will deliver to Own
and Contractor a written recommendation as to
division of responsibilities pending final payment
between Owner and Contractor with respect to
security, operation, safety, maintenance, heat,
utilities and insurance and warranties. Unless Own
and Contractor agree otherwise in writing and so
inform Engineer prior to Engineer's issuing the
definitive Statement of Substantial Completion,
Engineer's aforesaid recommendation will be binding
on Owner and Contractor until final payment.
•r shall have the right to exclude Contractor f
work after the date of Substantial Completion,
Owner shall allow Contractor reasonable access
Mete or correct items on the punch list.
Use by Owner of any finished part of the Work, which
has specifically been identified in the Contract
Documents, or which Owner, Engineer and Contractor
agree constitutes a separately functioning and
useable part of the Work that can be used by Owner
without significant interference with Contractor's
performance of the remainder of the Work, may be
accomplished prior Substantial Completion of all the
Work subject to the following:
Owner at any time may request Contractor in
writing to permit Owner to use any part of the
work which Owner believes to be ready for its
intended use and substantially complete. If
Contractor agrees, Contractor will certify to
Owner and Engineer that said part of the work
substantially complete and request Engineer to
issue a Statement of Substantial Completion fo
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
Conditions
Fayetteville
Sewer Imnro
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Paragraph 0.9.a continued
Statement of Substantial Completion for that
part of the Work. Within a reasonable time
after either such request, Owner and Contractor
shall observe 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, Engineer will notify
Owner and Contractor in writing giving the
reasons therefore. If Engineer considers that
part of the Work to be substantially complete,
the provisions of paragraph 0.8 will apply with
respect to Statement of Substantial Completion
of that part of the Work and the division of
responsibility in respect thereof and access
thereto.
1 (2) Owner may at any time request Contractor in
writing to permit Owner to take over operation
of any such part of the Work although it is not
substantially complete. A copy of such request
will be sent to Engineer and within a reasonable
time thereafter Owner, Contractor, and Engineer
shall observe that part of the Work to determine
its status of completion and will prepare a list
of the items remaining to be completed or
corrected thereon before final payment. If
Contractor does not object in writing to Owner
and Engineer that such part of the Work is not
ready for separate operation by Owner, Engineer
will finalize the list of items to completed or
corrected and will deliver such list to Owner
and Contractor together with a written
recommendation as to the division of
responsibilities pending final payment between
Owner and Contractor with respect to security,
e operation, safety, maintenance, utilities,
insurance, warranties and guarantees for that
part of the Work which will become binding upon
Owner and Contractor at the time when Owner
takes over such operation (unless they shall
have otherwise agreed in writing and so informed
Engineer). During such operation and prior to
Substantial Completion of such part of the Work,
Owner shall allow Contractor reasonable access
to complete or correct items on said list and to
complete other related Work.
(3) No occupancy or separate operation of part of
the Work will be accomplished prior to
compliance with the requirements of paragraph
F.7 in respect of property insurance.
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75 General Conditions
' City of Fayetteville
Sanitary Sewer Improvements
I
Paragraph O continued
10. Final Observation
Upon written notice from Contractor that Work or an
agreed portion thereof is complete, Engineer will make a
final observation with Owner and Contractor and will
notify Contractor in writing of all particulars in which
this observation reveals that the work is incomplete or
defective. Contractor shall immediately take such
measures as are necessary to remedy such deficiencies. ,r
11. Final Application For Payment w•
After Contractor has completed all such corrections and
delivered all maintenance and operating instructions,
schedules, guarantees, Bonds, certificates of inspection,
marked -up record documents as provided in paragraph G.11
and other documents - all as required by the Contract
Documents, and after Engineer has indicated that the Work
is acceptable, subject to the provisions of paragraph
O.16 Contractor may make application for final payment
request following the procedure for progress payment
requests. The final payment requests shall be
accompanied by all documentation called for in the
Contract Documents, together with 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 thereof and as approved by Owner,
Contractor may furnish receipts or releases in full; an
affidavit of Contractor that the releases and receipts
include all labor, services, material and equipment for
which a Lien could be filed, and that all payrolls,
material and equipment bills, and other indebtedness
connected with the work for which Owner or his property
might in any way be responsible, have been paid or
otherwise satisfied; and consent of the Surety, if any,
to final payment. If any Subcontractor, Supplier fails
to furnish a release or receipt in full, Contractor may
furnish a Bond or other collateral satisfactory to Owner
to indemnify Owner against any Lien.
12. Final Payment and Acceptance 1
a. If, on the basis of Engineer's observation of the
Work during construction and final observation, and
Engineer's review of the final payment request and
accompanying documentation - all as required by the
Contract Documents, Engineer has been shown that the
work has been completed and Contractor's other
obligations under the Contract Documents have been
fulfilled, Engineer will, within ten (10) days after
receipt of final payment request, indicate in
General Conditions 76 ,
City of Fayetteville
Sanitary Sewer Improvements I
I
Paragraph 0.12 continued
writing Engineer's recommendation of payment and
present the request to Owner for payment. Thereupon
Engineer will give written notice to Owner and
Contractor that the Work is acceptable subject to the
1 provisions of paragraph 0.14. Otherwise, Engineer
will return the payment request to Contractor,
indicating in writing the reasons for refusing to
1 recommend final payment, in which case Contractor
shall make the necessary corrections and resubmit the
payment request. Thirty (3O) days after presentation
to Owner of the Application and accompanying
documentation, in appropriate form and substance, and
with Engineer's recommendation and notice of
acceptability, the amount recommended by Engineer
1 will become due and will be paid by Owner to
Contractor.
b. If, through no fault of Contractor, final completion
of the Work is significantly delayed thereof and if
Engineer so confirms, Owner shall, upon receipt of
Contractor's final payment request and recommendation
of Engineer, and without terminating the Agreement,
make payment 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 F.1, the
1 written consent 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 request 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.
13. Contractor's Continuing Obligation
Contractor's obligation to perform and complete the Work
in accordance with the Contract Documents shall be
absolute. Neither recommendation of any progress or
final payment by Engineer, nor the issuance of a
certificate of substantial completion, nor any payment of
Owner to Contractor under the Contract Documents, nor any
use or occupancy of the Work or any part thereof by
Owner, nor any act of acceptance by owner nor any failure
to do so, nor the issuance of a notice of acceptability
by Engineer pursuant to paragraph 0.12, nor any
correction of defective work by Owner shall constitute an
acceptance of Work not in accordance with the Contract
Documents or a release of Contractor's obligation to
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77 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
I
Paragraph O.13 continued 1
perform the Work in accordance with the Contract
Documents (except as provided in paragraph O.14).
14. Waiver of Claims
The making and acceptance of final payment shall
constitute:
a. A waiver of all claims by Owner against Contractor, 1
except claims arising from unsettled Liens, from
defective Work appearing after final observation
pursuant to paragraph O.10 or from failure to comply
with the Contract Documents or the terms of any
special guarantees specified therein; however, it
will not constitute a waiver by Owner.of any rights
in respect of Contractor's continuing obligations
under the Contract Documents.
b. A waiver of all claims by Contractor against Owner
other than those previously made in writing and still
unsettled.
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General Conditions 78
City of Fayetteville
Sanitary Sewer Improvements
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P. Suspension of Work and Termination
1. Owner May Suspend Work
a. Owner may, at any time and without cause, suspend the
work or any portion thereof for a period of not more
than ninety (90) days by notice in writing to
Contractor and Engineer which shall fix the date on
which work shall be resumed. Contractor shall resume
1 the work on the date so fixed. Contractor may be
allowed an increase in the Contract Price or an
extension of the Contract Time, or both, directly
attributable to any suspension if he makes a claim
therefor as provided in paragraphs L and M.
b. Owner may suspend work upon occurrence of any one or
1 more of the following events:
(1) If Contractor fails to supply a qualified
superintendent, sufficient skilled workmen,
j subcontractors, or suitable materials or
equipment.
(2) If Contractor repeatedly fails to make prompt
payments to subcontractors or for labor,
materials, or equipment.
(3) If Contractor disregards Laws and Regulations,
of any public body having jurisdiction.
(4) If Contractor otherwise violates in any
substantial way any provisions of the Contract
Documents the Owner shall have authority to
' suspend the Work wholly or in part, for such
period of time as he may deem necessary, because
of conditions unfavorable for the prosecution of
the Work, or to conditions which in his opinion
warrant such action, or for such time as is
necessary by reason of failure on the part of
the Contractor to carry out orders given, or to
perform any or all provisions of the Contract.
No additional compensation will be paid the
Contractor because of any costs caused by such
suspension, except when the suspension is
ordered for reasons not resulting from, any act
or omission on the part of the Contractor.
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79 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
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Paragraph P.1 continued
c. If it becomes necessary to suspend work for an
indefinite period of time, the Contractor shall store
all materials in such manner that they will not
obstruct or impede the traveling public unnecessarily
or become damaged in any way, take every precaution
to prevent damage or deterioration of the Work
performed, provide suitable drainage of the roadway,
and erect temporary structures where necessary. The
Contractor shall not suspend work without written
authority from the Owner.
2. Owner May Terminate
a. Upon the occurrence of any one or more of the
following events:
(1) If Contractor commences a voluntary case under
any chapter of the Bankruptcy Code (Title 11,
United States Code), as now or hereafter in
effect, or if Contractor
similar action by filing
under any other federal
at such time relating to
insolvency;
takes any equivalent or
a petition or otherwise
or state law in effect
the bankruptcy or
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(2) If a petition is filed against Contractor under
any chapter of the Bankruptcy Code as now or I
hereafter in effect at the time of filing, or if
a petition is filed seeking any such equivalent
or similar relief against Contractor under any
other federal or state law in effect at the time
relating to bankruptcy or insolvency;
(3) If Contractor makes a general assignment for the
benefit of creditors;
(4) If a trustee, receiver, custodian or agent of
Contractor is appointed under applicable law or
under contract, whose appointment or authority
to take charge of property of Contractor is for
the purpose of enforcing a Lien against such
property or for the purpose of general
administration of such property for the benefit
of Contractor's creditors;
(5) If Contractor admits in writing an inability to
pay its debts generally as they become due; I
General Conditions
City of Fayetteville
Sanitary Sewer Improvements
:R
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Paragraph P.2.a continued
(6) If Contractor persistently fails to perform the
Work in accordance with the Contract Documents
(including, 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 C.7 as revised from time to time);
(7) If Contractor disregards Laws or Regulations of
any public body having jurisdiction;
(8) If Contractor disregards the authority of
Engineer; or
(9) If Contractor otherwise violated in any
substantial way any provisions of the Contract
Documents.
b. Owner may after giving Contractor (and the surety, if
there be one) fourteen (14) days' written notice and
to the extent permitted 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
materials 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 the direct, indirect and
consequential costs of completing the Work,
(including, but not limited to, fees and charges of
engineers, architects, attorneys and other
professionals and court and arbitration costs) such
excess will be paid to Contractor. If such costs
exceed such unpaid balance, Contractor shall pay the
difference to Owner. Such costs incurred by Owner
will be reviewed by Engineer and incorporated in a
Change order, but when exercising any rights or
remedies under this paragraph owner shall not be
required to obtain the lowest figure for the work
performed.
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81 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
I
Paragraph P.2 continued
c. Where Contractor's services have been so terminated
by Owner, the termination shall 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.
d. Upon fourteen (14) days' written notice to Contractor I
and Engineer, Owner may, without cause and without
prejudice to any other right or remedy, elect to
abandon the work and terminate the Agreement. In
such case, Contractor shall be paid for all Work
executed and any expense sustained plus reasonable
termination expenses, which will include, but not be
limited to, direct, indirect and consequential costs
(including, but not limited to, fees and charges of
engineers, architects, attorneys and other
professionals and court and arbitration costs).
3. Contractor May Stop Work or Terminate
If, through no act or fault of Contractor, the work is
suspended for a period of more than ninety (90) days by
Owner or under an order of court or other public
authority, or Engineer fails to act on any payment
request within thirty (30) days after it is submitted, or
Owner fails for thirty (30) days to pay Contractor any
sum finally determined to be due, then Contractor may,
upon fourteen days' written notice to Owner and Engineer,
terminate the Agreement and recover from Owner payment
for all work executed and any expense sustained plus
reasonable termination expenses. In addition and in lieu
of terminating the Agreement, if Engineer has failed to
act on an Application for Payment or Owner has failed to
make any payment as aforesaid, Contractor may upon
fourteen (14) days' notice to Owner and Engineer stop the
work until payment of all amounts then due. The
provisions of this paragraph shall not relieve Contractor
of his obligations under paragraph 6.15 to carry on the
Work in accordance with the progress schedule and without
delay during disputes and disagreements with Owner: 1
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General Conditions 82
City of Fayetteville
Sanitary Sewer Improvements
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Arbitration
1. Claims, disputes and other matters in question between
Owner and Contractor arising out of, or relating to the
Contract Documents or the breach thereof (except for
claims which have been waived by the making or acceptance
of final payment as provided by paragraph O.14) may be
decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American
Arbitration Association then obtaining subject to the
limitations of this Paragraph Q. The Owner and
Contractor must jointly agree to have specific claims,
disputes and other matters in question to be settled by
arbitration. Arbitration entered into in accordance
herewith as provided in this Paragraph Q will be
specifically enforceable under the prevailing arbitration
law of any court having jurisdiction.
2. No request for arbitration of any claim, dispute or other
matter that is required to be referred to Engineer
initially for decision in accordance with paragraph 3.9
will be made until the earlier of (a) the date on which
Engineer has rendered a decision or (b) the tenth (10th)
day after the parties have presented their evidence in
writing to Engineer if a written decision has not been
rendered by Engineer before that date. No request for
arbitration of any such claim, dispute, or other matter
shall be made later than thirty (30) days after the date
on which Engineer has rendered a written decision in
respect thereof in accordance with paragraph 3.9; and the
failure to request arbitration within said thirty (30)
days period shall result in Engineer's decision being
final and binding upon Owner and Contractor. If Engineer
renders a decision after arbitration proceedings have
been initiated, such decision may be entered as evidence
but shall not supersede the arbitration proceedings,
except where the decision is acceptable to the parties
concerned. No request for arbitration of any written
decision of Engineer rendered in accordance with
paragraph J.8 will be made later than ten (10) days after
the party making such demand has delivered written notice
of intention to appeal as provided in paragraph J.B.
3. Notice of the request for arbitration shall be filed in
writing with the other party to the Agreement and with
the American Arbitration Association, and a copy shall be
sent to Engineer for information. The request for
arbitration will be made within the 30 day or 10 day
period specified in paragraph Q.2 as applicable, and in
all other cases within a reasonable time after the
83 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
I
Paragraph Q.3 continued
claim, dispute or other matter in question has arisen, 1
and in no event shall any such request be made after
institution of legal or equitable proceedings based on
such claim, dispute or other matter in question would be
barred by the applicable statute of limitations.
4. No arbitration arising out of or relating to the Contract
Documents shall include by consolidation, joinder or in
any other manner any other person or entity (including
Engineer, Engineer's agents, employees or consultants)
who is not a party to this Contract unless:
a. The inclusion of such other person or entity is
necessary if complete relief is to be afforded among
those who are already parties to the arbitration.
b. Such other person or entity is substantially involved
in a question of law or fact which is common to those
who are already parties to the arbitration and which
will arise in such proceedings.
C. The written consent of the other person or entity
sought to be included and of Owner and Contractor has
been obtained for such inclusion, which consent shall
make specific reference to this paragraph; but no
such consent shall constitute consent to arbitration
of any dispute not specifically described in such
consent or to arbitration with any party not
specifically identified in such consent.
5. The award rendered by the arbitrators will be final,
judgment may be entered upon it in any court having
jurisdiction thereof, and will not be subject to
modification or appeal except to the extent permitted by
Sections 10 and 11 of the Federal Arbitration Act (9
U.S.C. Sections 10, 11).
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General Conditions 84
City of Fayetteville
Sanitary Sewer Improvements
I
IR. Liquidated Damages or Actual Damages for Delay
1. General
Time is of the essence of this Contract, liquidated
damages or actual damages for delay will be assessed
against the Contractor for failure to complete the work
within the time(s) specified in these Contract Documents.
' 2. Liquidated Damages
Should the Contractor fail to complete the work, or any
part thereof, in the time stipulated in the Contract or
within such extra time as may have been allowed for
unavoidable delays by extensions granted as provided in
' Paragraph M, the Contractor shall reimburse the Owner for
the additional expense and damage for each calendar day,
Sundays and legal holidays included, that the Contract
remains uncompleted after the Contract completion date.
It is agreed that the amount of such additional expense
and damage incurred by reason of failure to complete the
work is the per -diem rate stipulated in the Bid. The
said amounts are hereby agreed upon as liquidated damages
for the loss to the Owner on account of expense due to
the employment of Engineers, inspectors, construction
reviewers, and other employees after the expiration of
the time of completion, and if applicable, expenses
incurred by the Owner as a result of the impact of the
Contractor on other contractors under this project or
other contracts, and on account of the value of the
operation of the works dependent thereon. It is
expressly understood and agreed that this amount is not
to be considered in the nature of a penalty, but as
liquidated damages, which have accrued against the
Contractor. The Owner shall have the right to deduct
such damages from any amount due, or that may become due
the Contractor, or the amount of such damages shall be
due and collectible from the Contractor or his Surety.
3. Actual Damages for Delay
Failure to meet the Contract Completion Date(s) by the
Contractor will subject the Contractor to liability for
all damages suffered by the Owner. Damages that might
accrue to the Owner include, but are not limited to, the
additional costs for project inspection by others,
construction review by RJN Group, Inc. the Owner's
project administration and overhead, the Engineer's
project administration and overhead, loss of revenue from
the completed facility, delay or impact damages from
other Contractors on this Contract or other Contractors
on other Contracts resulting from the delay, rental costs
incurred by the Owner as a result of delay in completion
85 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
1
Paragraph R.3 continued
of this Contract, value and use loss
delay, and all legal costs associate
of this General Condition or with an
out of this General Condition. The
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arising from this
with administration
litigation arising
Owner may, without
prejudice to any other remedies that may be available,
withhold from any monies due, or which may become due the
Contractor, all damages sustained or which may be
sustained in accordance with this paragraph R.3. The
rights and remedies of the Owner provided inn this
paragraph R.3 are in addition to any other remedies
provided by law or under this Contract.
4. Liquidated Damages will be assessed in accordance with
Paragraph R.5 for each calendar day beyond the dates
stipulated below:
a. For each calendar day beyond the Contractual Date of
Substantial Completion until the date when
Substantial Completion is achieved..
b. For each calendar day beyond the Contractual Date of
Final Completion or 15 calendar days after the actual
date of Substantial Completion, whichever is later,
until the date when Final Completion is achieved.
5. Liquidated damages will be assessed as follows:
Final Amount of Contract
Less than
1,000,000
3,000,000
5,000,000
10,000,00
$1,000,000
and less than 3,000,000
and less than 5,000,000
and less than 10,000,000
0 and over
Liquidated Damages
Per Day
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2,000
3,000
4,000
5,000 1
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General Conditions
City of Fayetteville
Sanitary Sewer Improvements
EY7
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Excess Engineering Costs
1 1. General
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Excess engineering costs shall be applicable only during
the Contract Time provided in the Agreement.
2. Overtime
a. The Owner shall charge to Contractor for all
engineering and construction observation expenses
incurred by Owner in connection with any overtime
work. For any such overtime during the regular
specified Contract Time beyond the regular eight hour
day and for any time worked on Saturday, Sunday, or
holidays, the charges for such personnel will be as
provided in the Schedule of Charges below.
b. These charges for excess engineering will be deducted
from the Contractor's monthly payment request.
c. Schedule of Charges to be as follows for all
engineering and construction observation expenses
incurred by the Owner in connection with any overtime
work.
Personnel __ Hourly Rate
Project Manager $ 92.00
1 Resident Engineer 60.00
Resident Project Representative 45.00
Clerical/Office Technician 25.00
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d. The Contractor shall not work over a 10 -hour day
without written permission from the Owner.
e. The Engineer shall determine when observation of
construction activities beyond the regular eight -hour
day is required.
87 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
I
T. Miscellaneous I
1. Giving Notice
Whenever any provision of the Contract Documents requires
the giving of written notice it shall 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.
2. Computation of Time I
a. 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
shall be omitted from the computation.
b. A calendar day of twenty-four (24) hours measured I
from midnight to the next midnight shall constitute a
day.
3. General
a. Should Owner or Contractor suffer injury or damage to
his person or property because of any error, omission
or act of the other party 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 T.3.a shall not be
construed as a substitute for or a waiver of the
provisions of any applicable statute of limitations
or repose.
b. 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 Contractor by paragraph
G.16.a, N.1, N.7, N.9, O.6, P.2.a and all of the
rights and remedies available to Owner and Engineer
thereunder, shall be in addition to, and shall not 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 to any or all of
them which are otherwise imposed or available
General Conditions 88
City of Fayetteville
Sanitary Sewer Improvements
I
Paragraph T continued
by Laws or Regulations, by special warranty or
guarantee or by other provisions of the Contract
Documents, and the provisions of this paragraph shall
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. All representations, warranties and
guarantees made in the Contract Documents shall
survive final payment and termination or completion
of this Agreement.
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END OF THIS SECTION
89 General Conditions
City of Fayetteville
Sanitary Sewer Improvements
I
SUPPLEMENTARY CONDITIONS
A. General
These Supplementary Conditions amend or supplement the
General Conditions of the Contract and other provisions of
1 the Contract Documents as indicated below. Provisions which
are not so amended or supplemented remain in full force and
effect.
B. Paragraph E.1: Availability of Lands
Add the following sentence to the end of paragraph E.1:
Contractor shall confine all construction activities
within the easements indicated on the plans.
C. Paragraph F.1: Performance and Other Bonds
Add the following new paragraphs as part of paragraph F.1:
e. Bonds meeting the requirements of Arkansas Highway and
Transportation Department are required for all work
performed within their right of ways.
D. Paragraph F: Bonds and Insurance
Add the following paragraph to Paragraph F:
7. Insurance Rating
All insurance contracts must maintain a Best's Rating of
A: Class VI or better.
E. Paragraph N.7.: Correction Period
Modify the heading and first sentence of Paragraph N.7. as
follows:
Two Year Correction Period
If within two years after the date of Substantial Completion
or such longer period of time as may be prescribed by Laws or
Regulations by the terms of any applicable special guarantee
required by the Contract Documents or by any specific
provision of the Contract Documents, any work is found to be
defective, Contractor shall promptly, without cost to Owner
and in accordance with Owner's written instructions, either
correct such defective work, or, if it has been rejected by
Owner, remove it from the site and replace it with
nondefective work.
Supplementary Conditions
City of Fayetteville
C1-1 Sanitary Sewer Improvements
I
F. Paragraph 0.2.a: Application for Progress. Payments
Delete paragraph 0.2.a and substitute the following new
paragraph:
a. The Contractor, together with a representative of the
Engineer, shall make an estimate of the value of the work
performed ten days prior to a specified date each month
in accordance with this Contract. The payment due date '
shall be determined at the preconstruction meeting.
G. Paragraph 0.7.b: Review of Payment Requests 1
Modify first sentence of paragraph 0.7.b as follows:
a. "If the Owner fails to make payment thirty (30) days ,
after receipt of invoice and Engineer's approval, in
addition to ..."
H. Paragraph 0.8: Substantial Completion
Add the following new paragraph as part of paragraph 0.8:
0.8.c. Substantial completion is defined as all excavation, ,
material, labor, bedding, backfill, final
restoration, and testing required to complete the
work as defined in the Contract documents.
Individual job numbers will be considered for
substantial completion.
I. Paragraph A.17: Engineer
Delete paragraph A.17 and substitute the following new
paragraph:
17. Engineer - The firms of RJN Group, Inc., Consulting
Engineers, Dallas, Texas and McClelland Consulting
Engineers, Inc., Fayetteville, Arkansas, acting through
their authorized representatives.
1
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Supplementary Conditions
City of Fayetteville
Sewer System Improvements Cl-2
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J. Paragraph E.2.a.
Delete paragraph E.2.a and substitute the following new
1 paragraph:
a. No reports of explorations and tests of subsurface
conditions at the site are available.
K. Paragraph 0.9
1 Delete paragraph 0.9 of the General Conditions.
IL. Paragraph 0.2.d
Delete paragraph 0.2.d. and substitute the following new
paragraph:
d. Applications for payment shall be signed by the Engineer
and approved by the Owner, and after such approval, the
Owner, subject to the foregoing provisions, will pay or
cause to be paid an amount equal to the estimated value
of the work performed less a retained amount of ten (10)
percent until Final Acceptance by the Owner.
1 M. Tort Immunity
The City of Fayetteville has Tort Immunity under Arkansas
Law. Nothing in these contract documents shall be construed
or interpreted as the City waiving that Tort Immunity.
END OF SUPPLEMENTARY CONDITIONS
Supplementary Conditions
City of Fayetteville
Cl-] Sanitary Sewer Improvements
I
1
SUBMITTAL RECORD
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SUBMIT TO RJN GROUP, INC.
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CHANGE ORDER
SHEET OF
CHANGE
ORDER NO.
OWNER:
PROJECT NAME:
LOCATION:
CONTRACTOR:
PROJECT NO.
DATE:
I. DESCRIPTION OF CHANGES INVOLVED:
The following changes are hereby made to the Contract Documents:
***For each item, describe the change, the reason for the change,
and indicate the adjustment to the Contract Price and the
Contract Time.***
1 Change Order
City of Fayetteville
Sanitary Sewer Improvements
I
SHEET OF
CHANGE
ORDER NO.
II. CHANGE ORDER CONDITIONS:
1. Any additional work to be performed under this Change Order
shall be carried out in compliance with the Specifications
included in the preceding Description of Changes involved,
with the Supplemental Contract Drawings designated as
and under the provisions of the Original
Contract, including compliance with applicable Equipment
Specifications, General Specifications, and Project
Specifications for the same type of work.
2. This Change Order unless otherwise provided herein does not
relieve the Contractor from strict compliance with the
guarantee provisions of the Original Contract, particularly
with those pertaining to performance and operation of
equipment.
3. Contractor agrees there will be no additional extensions of
contract time and no additional increase in Contract Price
granted for this Change Order or any previous Change Orders.
4. The Contractor expressly agrees that he will place under
coverage of his Performance, Labor and Material, and
Maintenance Bonds and Contractor's Insurance all Work covered
by this Change Order. The Contractor will furnish to the Owner
evidence of increased coverage of his Performance, Labor and
Material, and Maintenance Bonds for the accrued value of all
Change Orders which exceeds the Original Contract Price by
twenty percent (20%).
III. ADJUSTMENTS IN CONTRACT TIME
1. Final Completion Date
of Original Contract
2. Net change due to all
previous Change order
3. Final Completion Date not including
this Change Order No. . . . . . . . . . .
4. Addition to Contract Time due
this Change Order No.
a. Avoidable Delay Extension.
b. Unavoidable Delay Extension.
5. Final Completion Date including
this Change Order No. . . .
Change Order 2
City of Fayetteville
Sanitary Sewer Improvements
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Days '
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Days
Days
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ID
ill SHEET OF
CHANGE
ORDER NO.
IV. ADJUSTMENTS IN AMOUNT OF CONTRACT:
1. Amount of Original Contract $
2. Net (Addition)(Reduction) due to all previous Change Orders
Nos. to S
3. Amount of Contract not
including this Change Order
4. (Addition) (Reduction to
Contract due to this Change
Order
5. Amount of Contract including
this Change Order $
RECOMMENDED FOR
ACCEPTANCE: ( )
(For RAIN Group, Inc.) Date
ACCEPTED: CONTRACTOR:
I By:
Signature of Authorized Representative Date
OWNER:
By: ( )
Signature of Authorized Representative Date
1
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Change Order
City of Fayetteville
3 Sanitary Sewer Improvements
Ill
*** Date ***
*** CITY LETTERHEAD ***
Dear Resident:
IiiIn a continuing program to maintain and upgrade the City sewer
systems, several sewer projects are scheduled this year,
including Sanitary Sewer Main Replacement and Rehabilitation,
White River Watershed, Mini System 18 B/C, Contract II for the
City of Fayetteville, AR.
IIIA *** Cost *** dollar renovation project, financed by the
funds will be underway for the next ***
State Time ***. This project will include eliminating many
sources of stormwater entering the sanitary sewer system from
defects in the sanitary sewer system.
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Work on this project
Week and Month ***.
*** Name of City and
RJN Group, Inc. in a
Engineers, Inc. both
projects.
is scheduled to begin during *** Name of
The Contractor *** Name of Contractor *** of
State *** and our consulting engineers,
ssociation with McClelland Consulting
have successfully completed similar
A very important concern of the City on a project of this type is
the restoration of street and parkway openings. Restoration work
will be completed on a timely basis once construction is
completed in an area.
If you have any questions about this project, please contact
Mr. William Hohl, P.E., RJN Group, Inc. at (501) 444-6119.
Sincerely,
City of Fayetteville, AR
I
TABLE OF CONTENTS
FOR
PART D -SPECIAL CONDITIONS
DIVISION 1
GENERAL REQUIREMENTS
Section
Subject
D1-1
SUMMARY OF WORK
D1-2
CUTTING AND PATCHING
D1-3
SUBMITTALS
D1-4
MATERIAL AND PERFORMANCE TESTING
D1-5
CONTROL OF CONSTRUCTION SITE
Dl -6
MEASUREMENT AND PAYMENT
D1-7
MANHOLE TESTING
D1-8
SANITARY SEWER REPAIR TESTING
D1-9
SANITARY SEWER CONSTRUCTION TESTING
D1-10
TRENCH SAFETY SYSTEM
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IDl -1 SUMMARY OF WORK
A. General
1 1. The Plans, Special Conditions and Provisions Documents,
and the rules, regulations, requirements, instructions,
drawings or details referred to by manufacturer's name,
' number or identification included therein as specifying,
referring or implying product control, performance,
quality, or other shall be binding upon the Contractor.
The specifications and drawings shall be considered
cooperative; therefore, work or material called for by
one and not shown or mentioned in the other shall be
accomplished or furnished in a faithful manner as though
required by all. Section I of these specifications is
made a part of the Contract.
The order of precedence in case of conflicts or
c disrepancies between various parts of the Contract
Documents subject to the ruling of the Engineer shall
generally, but not necessarily, follow the guidelines
listed below:
1. Plans
2. Contract Documents
3. Arkansas State Highway and Transportation
Department Specifications
IIThe following special conditions shall be applicable to
this project and shall be given over any conflicts with
the Contract Documents under the provisions stated
'above.
2. Work Covered By Contract
The work to be performed is generally described in the
Invitation to Bid and indicated in the Contract
Documents.
3. Contractor's Duties
a. Except as specifically noted, provide and pay for:
1) Labor, materials, and equipment.
2) Tools, construction equipment, and machinery.
3) Samples, shipping costs, and tests.
4) Necessary utilities, such as water supply,
electrical power, telephones, roads, fences, and
' sanitary facilities, including maintenance
thereof.
I D1-1(1) City of Fayetteville
Sewer System Improvements
L
5) Other facilities and services necessary for I
proper execution and completion of work.
b. Perform all the work described in these General
Requirements except where specifically indicated to
be done by others.
c. Pay legally required patent fees, sales, consumer,
and use taxes.
d. Secure and pay for legally required permits,
licenses, and government fees.
e. Give required notices.
f. Employ workmen and foremen with sufficient
knowledge, skill, and experience to perform the work
assigned to them.
g. Comply with codes, laws, ordinances, rules,
regulations, orders, and other legal requirements of
public authorities bearing on the conduct of the
work.
h. Submit written notice to Owners Representative of
observed variance of Contract Documents from legal
requirements. Any necessary changes will be
adjusted as provided in the Contract for changes in
the work.
i. Enforce discipline and good order among Contractor
and subcontractor employees. Any person employed by
Contractor or subcontractors who does not perform
his work in a skillful manner, is incompetent, or
acts in a disorderly or intemperate manner shall, at
the written request of Owner, be removed from the
project immediately and shall not be employed in any
portion of the work without the approval of Owner.
j. Provide at all times facilities for access and
inspection of the work by representatives of Owner
and by official governmental agencies designated by
Owner as having the right to inspect the work.
k. Cooperate with other contractors who may be
performing work of Owner, and with Owner's employees
working in the vicinity of the work done under the
Contract.
1. Submit shop drawings on all materials and equipment
to be installed on the project.
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City of Fayetteville D1-1(2)
Sewer System Improvements
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M. The labor classification and minimum wage rates
herein were established pursuant to the Arkansas
Prevailing Wage Law and shall govern on all work
performed by the Contractor or any Sub -contractor on
the site of the project covered by these contract
documents. At a minimum, the prevailing hourly rate
of wages included within these documents shall be
paid to all workers performing work under the
contract. The scale of wages shall be posted by the
contractor in a prominent and easily accessible
place at the work site.
4. Contractor's Use of Premises
a. Confine operations at site to areas permitted by
law, ordinances, permits, and the Contract
Documents.
b. Do not load or permit any part of a structure to be
subjected to any force that will endanger its
safety.
c. Comply with and enforce Owner's instructions
regarding signs, advertisements, fires, and smoke.
d. Assume responsibility for protection and safekeeping
of products stored on premises.
e. Do not discharge smoke, dust, or other contaminants
into the atmosphere, or fluids or materials into any
waterway as will violate regulations of any legally
constituted authority.
f. Move stored products which interfere with the
operations of Owner or other Contractors.
g. Obtain and pay for additional storage or work areas
needed for operations.
h. No alcohol shall be consumed on the site.
1 i. Existing Manhole Steps
If
Eli
The steps of the existing manholes can not be
guaranteed for safety, therefore, Contractor shall
provide all necessary equipment to assure safe
access and a safe working environment inside the
manhole.
5. Existing Facilities
a. The existing facilities will be in continuous
operation during the construction period.
I
D1-1(3) City of Fayetteville
Sewer System Improvements
UJ
b. Plan and conduct construction operations to avoid '
disturbing existing structures, piping, equipment,
and services in any manner which will interrupt or
impair operations, except as approved by owners
Representative.
c. Submit for approval a construction sequence, and
written explanations of the temporary facilities and
appurtenances intended to be used in maintaining the
uninterrupted operation of the existing sanitary
sewer system and any other affected utilities. '
6. Sequence of Construction
a. The Contractor shall contact property owners 48
hours in advance describing the work to be performed
on private property prior to any construction or ,
rehabilitation work on that property.
b. The Contractor shall perform exploratory excavations
as directed by the Engineer prior to replacement sewer
construction. The purpose of the exploratory
excavations is to allow the Contractor to verify the
invert elevations of existing utilities which were
calculated during design. Accordingly, elevations and
locations will be verified by the Contractor prior to
ordering any materials or performing any work.
c. The Contractor shall schedule the work to start at
the downstream end of new relief lines and work
toward the upstream end. No work will be permitted
on the upstream end of relief lines until relief
lines required downstream have been installed
without written authorization from Owner's
Representative.
d. Sanitary sewer line spot repairs and sanitary relief
sewers or replacement sewers shall be scheduled
together for construction when in the same immediate
vicinity.
e. Excavation work shall be performed in an orderly
manner so that all excavation work is completed in
an area before moving to another area unless
authorization is given by the Engineer or Owner.
f. Prior to final surface restoration, the Contractor
shall insure that all testing has been completed and
reviewed by the Engineer.
g. The Contractor shall submit to the Engineer each
night the next days proposed activities.
h. The Contractor shall submit a weekly schedule on
each Thursday for the next week's construction
activities.
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City of Fayetteville Dl -l(4)
Sewer System Improvements
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0 i. A revised monthly progress schedule shall be
submitted with each payment request.
fl j. The Contractor shall maintain flow in the existing
sanitary sewer lines until all connections have been
made to the proposed system. All connections to
existing manholes shall be considered a non -pay
if item.
k. The City shall not reimburse the Contractor for any
II water used to perform the work as required in the
contract.
fi 1. The Contractor shall provide all sanitary sewer
bypasses as required to perform the work as
specified in the Contract Documents as a non -pay
item.
in. The Contractor shall preserve all trees, shrubs,
sprinkler systems, fences, and other property owner
11 improvements located within the limits of the
Ii construction. The removal and/or replacement of the
said property owner improvements by the Contractor
shall be considered as a non -pay item unless noted
otherwise.
0 n. All local residents who will be denied access to
their driveways shall be notified by the Contractor
two (2) working days prior to the closure of their
access.
o. All driveways which are open cut shall have at least
a temporary riding surface at the end of each day
and will be considered a non -pay item.
p. Project signs shall be required in accordance with
the Supplementary Conditions, and shall be
considered a non -pay item.
q. Clay dams or concrete dams (1500 psi minimum) (see
detail sheet of the Drawings) shall be constructed
at locations as noted on the drawings or as directed
by the Engineer. Compensation for furnishing all
material and installation and incidental and all
IIappurtenant work shall be included in the Contract
unit price for each dam constructed as indicated in
the proposal.
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D1-1(5) City of Fayetteville
Sewer System Improvements
C
7. Abbreviations I
The following abbreviations as used in the Contract
Documents have the listed meanings:
A.
. . . . .
ampere
AASHTO . . . .
American Association of State Highway
and Transportation Officials
ACI
. . . . .
American Concrete Institute
ANSI
. . . . .
American National Standards Institute
AREA
. . . . .
American Railroad Engineers Association
ASTM
. . . . .
American Society for Testing and
Materials
AWWA
. . . . .
American Water Works Association
Bil
. . . . .
basic impulse insulation level
BOD
. . . . .
biochemical oxygen demand
btu
. . . . .
British Thermal Unit
C .
. . . . .
degrees Celsius
cc .
. . . . .
cubic centimeter
cf .
. . . . .
cubic foot
cfm
. . . . .
cubic feet per minute
Co .
, . . . .
Company
conc
. . . . .
concrete
Corp
. . . . .
Corporation
CRSI
. . . . .
Concrete Reinforcing Steel Institute
cu.
. . . . .
cubic
cy. .
. . . . .
cubic yard
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F . . . . . . degrees Fahrenheit
FIA . . . . . Factory Insurance Association
FM . . . . . . Factory Mutual
fpm . . . . . feet per minute
fps . . . . . feet per second
ft. . . . . . feet
FS . . . . . . Federal Specifications
g. . . . . . gram
ga . . . . . . gauge
gal . . . . . gallon
gpd . . . . . gallons per day
gpm . . . . . gallons per minute
H -O -A . . . . Hand -off -automatic
h. . . . . . hour
HP . . . . . . horsepower
hz . . . . . . hertz
IEEE . . . . . Institute of Electrical and Electronic
Engineers
Inc. . . . . . Incorporated
L . . . . . . Liter
lb . . . . . . pound
lbs . . . . . pounds
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City of Fayetteville D1-1(6)
Sewer System Improvements
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max . . . . . maximum
min . . . minimum
mg/L . . . . . milligrams per liter
O mgd . . . . . million gallons per day
mm . . . . . . millimeter
MS . . . . . . Military Specifications
fi NBBPVI . . . . National Board of Boiler and Pressure
Ii Vessel Inspectors
NBS . . . . . National Bureau of Standards
NEC . . . . . National Electrical Code
NEMA . . . . . National Electrical Manufacturers
Association
o NFPA . . . . . National Fire Protection Association
fl no . . . . . . number
OSHA . . . . . Occupational Safety and Health
Administration
�1 ppm . . . . . parts per million
psf . . . . . pounds per square foot
ll psi . . . . . pounds per square inch gauge
pvc . . polyvinyl chloride
SDHPT . . . . Arkansas State Department of Highways and
Public Transportation
sf . . . . . . square feet
sq. . . . . . square
Ii SSPC . . . . . Steel Structural Painting Counsel
Ii sy . . . . square yard
p V volt
UL . . . . Underwriters Laboratory
U.S . . . . . United States
END OF SECTION D1-1
D1-1(7) City of Fayetteville
Sewer System Improvements
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D1-2 CUTTING AND PATCHING
A. General
1. Description
a. Cutting and patching shall include the cutting
(including excavation), fitting, or patching
necessary to:
1) Remove and replace defective work.
2) Remove and replace work not conforming to the
Contract Documents.
3) Remove samples of completed work for specified
testing.
4) Install specified work in existing construction.
5) Inspection of covered work.
6) Obtaining samples of completed work for testing.
7) Alteration of completed work.
b. Work performed by another Contractor shall not be
cut or altered without written consent of Owner's
Representative.
2. Submittals
a. Before doing any cutting submit a written notice to
Owner's Representative requesting consent,
including:
1) Description of affected work.
2) Necessity for cutting.
3) Scope of cutting and patching.
4) Trades and products to be used and extent of
refinishing.
b. Prior to doing cutting and patching identified in
writing by Owner's Representative as additional
work, submit a cost estimate.
c. Notify Owner's Representative when work is to be
performed.
D1-2(1) City of Fayetteville
Sewer System Improvements
I
B. Materials '
Materials used for replacement of work removed shall comply
with the Specifications for the type of work to be done.
C. Execution ,
1. Provide shoring, bracing, and support as necessary to
maintain structural integrity of the project and to
conform with all safety requirements established by law.
2. Protect adjacent portions of work and existing
facilities from damage due to cutting and patching
operations.
3. Execute excavating and backfilling as specified.
4. Restore work which has been cut or removed. Install new
products to provide completed work meeting all
requirements of the Contract Documents.
5. Refinish entire surfaces as necessary to provide an even
and uniform finish.
D.
Measurement and Payment
Cutting and patching required to perform the work will not
be measured nor paid for separately. The cost shall be
included in the Contract Price for the items of work that
require cutting and patching.
END OF SECTION D1-2
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City of Fayetteville D1-2(2)
Sewer System Improvements
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0 D1-3 SUBMITTALS
OA. Progress Schedule
II 1. Prepare a detailed progress schedule in graphic form
UU showing proposed dates of starting and completing each
major division of the work, monthly completion
apercentages, and anticipated monthly payment requests.
2. The schedule shall be consistent with the time and order
a of work requirements of the Specifications, and shall be
the basis of Contractor's operations.
3. A condensed critical path method schedule is preferred
but another practicable form of presentation will be
acceptable.
IJ 4. Submit three copies to Engineer within 10 days after the
effective date of Award.
5. At the end of every pay request period, submit a revised
schedule showing the current status of the work as
compared to the projected status. The current
application for a progress payment will not be processed
until the revised schedule is delivered to Engineer.
Ii B. General
1. Shop Drawings, Project Data, and Samples
a. General
a Submit to Owner's Representative shop drawings,
project data, and samples required by the
Specifications.
b. Shop Drawings
1) Shop drawings are original drawings prepared by
the Contractor, subcontractors, suppliers, or
distributors which illustrate some portion of
the work and show fabrication, layout, setting,
a or erection details of equipment, materials, and
components.
2) Unless otherwise instructed, submit to Owner's
Representative for review and approval three
prints of each plan or two prints and one
reproducible sepia or reproducible on vellum.
D Owner Representative will return with review
comments one print or one reproducible.
IJ D1-3(1) City of Fayetteville
Sewer System Improvements
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3) Shop drawings shall be 8-1/2 by 11 inches, 8-1/2 '
by 14 inches or standard size plans, or as
directed by Owner Representative, and shall be
clearly identified as to location of the
equipment, material, and apparatus in the work.
4) Fold drawings to an approximate size of 8-1/2 by
11 inches in such a manner that the title block
will be located in the lower right hand corner
of the exposed surface. Roll, do not fold,
reproducible copies of drawings.
5) Furnish Owner Representative, as requested,
without extra charge, the number of complete
sets of prints of shop drawings as Owner
Representative shall request for office files
and for use in the field.
c. Project Data
1)
Project data are manufacturers' standard
schematic drawings, catalog sheets, brochures,
diagrams, schedules, performance charts,
illustrations, parts lists and other standard
descriptive data.
2)
Modify drawings to delete information not
applicable and to add information applicable to
the project.
3)
Mark copies of printed material to identify
pertinent materials, products, or models.
4)
Show dimensions and clearances required,
performance characteristics and capacities, and
wiring diagrams and controls.
5)
Submittal procedures shall be the same as for
,
shop drawings.
d
Samples
1) Samples are examples to illustrate materials,
equipment, or workmanship, and to establish
standards by which completed work is judged.
2) Samples submitted shall be of sufficient size
and quantity to illustrate functional
characteristics of product or material and full
range of colors available.
3) Field samples and mock-ups when required by the
specifications shall be erected at the project
site where directed.
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Al e. Contractor Responsibilities
1) Review and approve shop drawings, project data,
if
and samples before submitting them.
2) Verify field measurements, field construction
acriteria, catalog numbers, and similar data.
3) Coordinate each submittal with the requirements
of the Contract Documents.
II4) Submit shop drawings for major equipment items
in one package to permit checking complete
afi installation details.
5) In a clear space above the title block, or on
the back, hand stamp the following, and enter
the required information:
Name of owner - City of Fayetteville
DProject Name - Sanitary Sewer
Replacement and Rehabilitation
White River Watershed,
,�11 Basin 18 B/C
Contract II
Date
Identification
aContract Drawing No.
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Specification Section
This document has been checked for accuracy of
content and for compliance with the Contract
Documents and is hereby approved. The
information contained herein has been
coordinated with all involved Contractors.
Contractor
Signed
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6) Contractor's responsibility for errors,
omissions,and deviations from requirements of
the Contract Documents in submittals is not
relieved by Owner's Representative's review.
II7) Notify Owner's Representative, in writing at
time of submittal, of deviations in submittals
from requirements of the Contract Documents.
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8) Do not install materials or equipment which
require submittals until the submittals are
returned with Owner's Representative's stamp and
initials or signature indicating review.
9) Revise returned shop drawings as required and
resubmit until final approval is obtained.
Indicate on the drawings any changes which have
been made other than those requested by Owner's
Representative.
10) Submit new project data and samples when the
initial submittal is returned disapproved.
11) No claim will be allowed for damages or
extension of time because of delays in the work
resulting from rejection of material or from
revision and resubmittal of shop drawings,
project data, or samples.
f. Owners Representative's Duties
1) Owner's Representative will review submittals
for compliance with the Contract Documents and
with the design concept of the project.
2) Review of a separate item does not constitute
acceptance of an assembly in which the item
functions.
3) Owner's Representative will affix a stamp to the
returned copy of each submittal. The stamp will
be marked to indicate "Furnish as Submitted",
"Furnish as Corrected", "Rejected", or "No
Review Required". The stamp will be initialed or
signed certifying the submittal review.
2. Video Tape Recordings of Surface Conditions
a. Video tape recordings of surface conditions shall be
provided for all relief sewers, replacement sewers,
and sewer point repairs.
b. The following information shall be provided on
color audio -video tape recording.
1) Audio: Each recording shall begin with a
verbal description of the current
date, project name and municipality
and be followed by the general
location, i.e., name of the street,
viewing side and direction of
progress.
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2) Video: Transparent information must appear on
the viewing screen. This information
will consist of the date and time of
recording. The data information will
contain the month, day and year.
3) Digital: To preclude the possibility of
tampering or editing in any manner,
all video recordings must, by
electronic means, display continuously
and simultaneously generated
transparent digital information to
include the date and time of
recording. The date information will
contain the month, day and year.
c. The taped coverage shall include all surface
features located within the zone of influence of
construction supported by appropriate audio
description. Audio description shall be made
simultaneously with video coverage. Such coverage
shall include, but not be limited to, all existing
driveways, sidewalks, fences, curbs, ditches,
roadways, landscaping, trees, culverts, headwalls,
retaining walls, or buildings located within such
zone of influence. Particular and detailed
attention shall be given to any defects noted, such
as cracks, disturbed areas, damaged items, or as nay
be required by the Engineer. It is the intent of
this coverage to accurately and clearly document
pre-existing conditions and especially any items
that could result in construction claims. The
excavation areas shall be physically marked with
high visibility fluorescent paint prior to video
taping. The markings shall include the job number
and stationing.
d. The zone of influence shall be defined as an area
within 30 feet of the proposed work, and an
additional 20 feet of supplemental coverage shall be
provided in residential areas.
e. The Contractor shall be able to televise and tape
areas with paved roads, along co -owned easements
through parks, lawns, and open fields. If video
taping on private property, the Contractor shall
give the Owner sufficient prior notice of such entry
so that property owners may be advised of and their
permission obtained for the work.
f. To produce the proper detail and perspective,
adequate lighting will be required to fill in the
shadow area caused by trees, utility poles, road
signs and other such objects in residential areas or
as directed by the Engineer.
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Sewer System Improvements
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g. Houses and buildings shall be identified visually by
house number, when visible, in such a manner that
structures of the proposed system, i.e., manholes on
a sewer system and hydrants on a water system, can
be located by reference.
h. The rate of speed in the general direction of travel
of the conveyance used during taping shall not
exceed 48 feet per minute in residential areas, nor
exceed 100 feet per minute in non-residential areas.
Panning rates and zoom -in, zoom -out rates shall be
controlled sufficiently such that during playback
will produce clarity of the object viewed. The
playback picture shall be in focus and be of extreme
clarity at all times.
i. All taping shall be done during times of good
visibility. No taping shall be done during periods
of visible precipitation, or when more than 10% of
the ground area is covered with snow, unless
otherwise authorized by the Engineer.
j. The Owner shall have the authority to designate what
areas may be omitted or added for audio -video
coverage.
k. All tapes (cassettes and cases) shall be properly
identified by tape number, location and project name
and municipality in a manner acceptable to the
Owner.
1. A record of the contents of each tape shall be
supplied by a run sheet identifying each segment in
the tape by location, i.e., roll number, street or
road viewing, tape counter number, viewing side,
point starting from, traveling direction and ending
destination point.
in. Conventional wheeled vehicles can not be used.
n. Audio -video VHS tape, 3M T60 broadcast type or
equivalent tapes shall be one-half inch (1/2")
color video -cassette player/recorder. An effort
should be made to utilize the same recorder that
would be required for review of the sewer line
televising.
o. Video output from camera(s) used must be capable of
producing NTSC-525 lines/60 fields. Resolution
shall have a minimum 260 TV lines at center, for
optimum color imagery and minimum lag through ten
(10) foot candles, with Geometric Distortion not to
exceed 1.5% of Picture Height at any point in
picture area.
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p. The equipment shall be capable of a minimum of 240
lines horizontal resolution. Camera shall have
character/time generators. VCR shall be General
Mitsubishi Model CS -1903 recorder/tuner, with
adapter, connecter plugs, and still frame
capability.
q. Any portion of the video tape recording not
conforming to specifications shall be rejected.
r. Any taped coverage not acceptable to the Owner shall
be refilmed at no additional charge. The Contractor
shall reschedule unacceptable coverage five (5) days
after being notified.
S. All taping shall be performed by Contractor and
reviewed prior to construction.
t. One original and two copies are to be provided.
Original to Owner, one copy to Engineer, and one
copy to Contractor.
Final Inspections
a. Notify owner in writing when project, or designated
portion of project, is substantially complete.
b. Owner's Representative will make an inspection of
the substantially completed work, and prepare and
submit to Contractor a list of items to be completed
or corrected.
c. Take immediate steps to remedy the listed
deficiencies, and notify Owner in writing that the
project is complete and ready for final inspection.
d. Owner's Representative will make a final inspection
and, if he considers the work is complete, he will
notify Owner that the work is ready for final
acceptance.
Closeout Submittals
a. Special guarantees and bonds.
b. Certificates of inspection required by laws and
ordinances for mechanical and electrical work, and
any other legally required inspections.
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Sewer System Improvements
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c. Contractor's Waiver of Liens. I
d. Separate Waivers of Lien for subcontractors,
suppliers, and others with lien rights against
property of Owner.
e. Final payment estimate.
5. Work Schedule
a. Prepare a detailed weekly work schedule and submit
the schedule to the Owner's Representative on the
Thursday before the schedule is to take effect.
b. Contractor shall update the weekly work schedule on a i
daily basis so to advise the Owner's Representative
where and on what the Contractor will be working.
c. Work schedule shall include, but not be limited to, a
listing of job numbers and manholes that will be
worked on a daily basis and a brief description of
the type of work to take place.
C. Measurement and Payment '
Payment will be at the contract lump sum price for Video
Documentation which price shall include all labor, equipment,
and materials necessary to complete the work. No other
Contract Prices are established for Submittals.
END OF SECTION D1-3
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QD1-4 MATERIAL AND PERFORMANCE TESTING
0 A. General
0 1. Scope
a. Perform the inspections and tests required by the
Specifications.
b. Provide product certification as required by the
Specifications.
c. Neither observations by Owner's Representative, nor
a inspections, tests, or approvals by other than
Contractor, shall relieve Contractor from his
obligation to perform the work in accordance with
the requirements of the Contract Documents.
II2. Testing Laboratory Services
a. Employ the services of an independent testing
II laboratory to perform specified services.
b. Obtain approval of Owner before employing
laboratory.
c. Laboratory shall meet "Recommended Requirements for
Independent Laboratory Qualification" published by
the American Council of Independent Laboratories.
Id. Laboratory shall meet basic requirements of ASTM
E329, "Standards of Recommended Practice for
Inspection and Testing Agencies for Concrete and
Steel as Used in Construction".
3. Laboratory Duties
a. Perform specified tests and services.
b. Comply with specified standards, ASTM, other
recognized authorities, and as specified.
c. Ascertain compliance with requirements of Contract
Documents and so note in writing on all reports.
' d. Promptly notify Owner's Representative and
Contractor of irregularities or deficiencies of work
' observed during performance of services.
e. Promptly submit three copies of reports of
inspections and tests to Owner's Representative.
' D1-4(1) City of Fayetteville
Sewer System Improvements
H
f. Include in the reports, the date, project title, I
number, name and signature of inspector, date of
inspection or sample, record of temperature and
weather, date of test, identification of product and
Specification Section, location in project, type of
test, and observations regarding Compliance with
requirements.
4. Contractor's Responsibilities
a. Cooperate with laboratory personnel. I
b. Provide laboratory with samples of materials to be
tested in required quantities.
c. Furnish to the Owner's Representative three copies
of test results.
d. Provide facilities for storage and curing of test
samples.
e. Notify Owner's Representative sufficiently in '.
advance of time and place of tests to be made at
point of manufacture, assembly, or fabrication to
permit Owner's Representative to witness tests if he '
so desires.
B. Measurement and Payment
No Contract Prices are established for Material and ,
Performance Testing with the exception of compaction test as
set forth in Section D2-10.
END OF SECTION D1-4
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General
D1-5 CONTROL OF CONSTRUCTION SITE
1 1. Removal of Debris
Keep the work sites free from accumulating waste
materials and rubbish caused by his work or employees.
All materials and equipment required on the site shall
be kept in such a manner so as to cause a minimum of
ii inconvenience and nuisance to other Contractors and the
general public. The site shall be kept broom clean.
2. Traffic Control
a. Contractor shall, at all times, conduct the work in
such a manner as to insure least obstruction to
a vehicular and pedestrian traffic while paying
particular attention to avoid inconvenience in
hospital and school zones. Notify Owner's
Representative at least three work days in advance
of starting any construction work which might
inconvenience or endanger traffic. A minimum of one
lane shall be open to traffic at all times.
b. Submit a traffic control plan to Owner, Owner's
Representative, and appropriate highway official
three days prior to closing any road. Contractor
shall inform police, fire, public works, and bus
service companies on the day of closure.
c. When any section or portion of road is closed to
traffic, provide, erect, and maintain barricades,
red flags, detour signs, and torches or lights at
each end of the closed section, at all intersecting
roads, and at all locations shown on the plans, in
accordance with the Arkansas Department of Highway
Standards.
d. Contractor shall provide a sequencing arrow panel
' when performing construction on heavily traveled
roads and streets. The sign panel shall consist of
a minimum of 22 amber lamps. The lamps shall be
divided into two groups of three arrowheads each
with arrowheads of each group aligned or behind the
other laterally and the arrowheads of separate
groups being opposed.
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e. Replace any traffic sign or post which has been
damaged or removed because of the contractor's
operations.
f. Contractor shall provide access to private property. I
Driveways, sidewalks, and alleys shall not be
blocked for periods greater than two hours.
3. Fencing shall be placed around open excavation or
trenches at the end of a day in a manner acceptable to
the Owner's Representative and the Owner. Fencing and
placement of same shall meet the approval of the Owner's
Representative.
4. Equipment Operation
a. Where the Contractor's equipment is operated on any
portion of a traveled surface or structures used by
traffic on or adjacent to the section under
construction, the Contractor shall clean the
traveled surface of all dirt and debris at the end
of each days operations. The cost of this work
shall be included in the unit price bid and no
additional compensation will be allowed. '
b. Protect traveled surfaces and structures on or
adjacent to the work, in a manner satisfactory to
the Owner's Representative, from damage by lugs or
cleats or equipment. Walking of tracked -rolled
equipment directly on paved streets, driveways,
curbs, or sidewalks shall not be allowed. S
c. Equipment used in the performance of the work shall
comply with legal loading limits established by the
statutes of State or local regulations when moved
over or operated on any traveled surface or
structure unless permission in writing has been
issued by the Owner's Representative. Before using
any equipment which may exceed the legal loading,
the Contractor shall secure a permit, allowing ample
time for an analysis of stresses to determine
whether or not the proposed loading is within safe
limits. The Owner will not be responsible for any
delay in construction operations or for any costs
incurred by the Contractor as a result of compliance
with the above requirements.
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1 5. Utilities
a. The Contractor shall notify public and private
' utility companies which may have overhead or
underground facilities in the area at least 48 hours
before construction begins. Contractor must call
Arkansas One -Call at 1-800-482-8998 for locating
utilities. The Contractor shall make necessary
arrangements for having these companies to locate,
protect, brace or move their facilities as may be
' necessary for construction of the improvements.
Costs incurred due to the moving, bracing, or
protection of utilities or in satisfying the
' requirements of the utility companies shall be
incidental to the cost of the proposed improvement.
b. The Contractor shall proceed with caution with
'
excavation operations so that the exact location of
underground utilities and structures, both known and
unknown, may be determined. The Contractor shall
take all reasonable precautions against damage to
the utility or structure. However, in the event of
a break in an existing utility, he shall immediately
notify a responsible official from the organization
operating the utility. The Contractor shall lend
all possible assistance in restoring service, and
shall assume all costs connected with the repair of
any damaged utility.
c. It is understood and agreed that the Contractor has
considered in his bid all of the permanent and
temporary utility appurtenances in their present or
relocated positions and that no additional
compensation will be allowed for any delays,
inconvenience, or damage sustained by him due to any
interference from the said utility appurtenances or
the operation of moving them either by the utility
companies or by him; or on account of any special
construction methods required in prosecuting his
work due to the existence of said appurtenances
either in their present or relocated positions.
6. Accident Reporting
a. Notification
Accidents occurring on the job which damage public
or private property, or result in injury to workers
or other persons, shall be promptly reported to the
Police Department.
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b. Utilities I
Accidents involving utilities shall also be reported
to them. This applies to all accidents, including,
but not limited to, traffic accidents, broken pipe
lines, power and telephone facilities and damage to
adjacent properties.
7. Confined Space Entry
The latest version of the U.S. Department of Labor,
Occupational Safety and Health Administration Standards,
29 CFR Part 1910, Permit -Required Confined Spaces for
General Industry shall be the minimum governing
requirements for confined space entry. Said standards
are included at the end of this section.
B. Measurement and Payment
No Contract Prices are established for Control of 1
Construction Site.
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City of Fayetteville D1-5(4)
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Thursday
January 14, 1993
Part II _
Department- of Labor
Occupational Safety and Health
Administration
29 CFR Parts 1910
Permit- Required Confined Spaces for
General Industry; Final Rule
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Found to Reports of OSItA Fatality!
Catastoptr Ins. stiglaai', Wuhmgmn,
D C., laly 1985 (Ea. 13-15)
4. U.S. Departneot of Labor Occupational
Safety and Hnith Admtolstnllon.
Dueetonte of Technical Support "Selected
Occupational Fatabtin Related to Tue and)
or Explosion to Confined Work. Spices as
Found in Reports of OSHA Fatality/
Celistropbe L^vestigetiooe", Wasbmglon.
DC, April 1982 (Ex 13-1)).
S. OSHA integrated Management
Information S) slam, Falaltty)Ealut-opbe
Database. OSHA Office of Management Deli
Systems.
VU. Federalism
much safety.. possible using varying
methods consonant with conditions in
each state.
In short, there is a dear national
problem related to occupational safety
and health concerning entry into
confined spaces. Those slates which
elect to pertldpate under the statute
would not be preempted by this
regulation and would be able to address
spe ial, local conditions within the
framework provided by this
performance -oriented standard.
OSHA notes that California.
Kentucky. Maryland, Michigan, New
Thisregulation has been reviewed in Jersey, and Virginia currently bave
regulations dealing with confined space
accordance with Executive Order 12612 entry. Of these six slate regulations.
regardicg Federalism. This order none would be preempted. New Jersey
requires that agendes, to the extent is cot a state -plan slate, but their
possible, refrain from limiting slate confined space standard applies only to
policy options and consult with states public (state end local government)
prior to taking any action. Agencies may employees. An analyses of state
act only when then Is clear confined space rules and procedures is
constitutional authority and the contained in Section VI, Summary of
presence of a problem of national scope. the Final Regulatory Impact Analysis
The order provides for preemption of and Regulatory Flexibility Analysis,
state law only if then is a dear earlier in this preamble.
congressional intent for the Agency to
do so. Any such preemption is to be
limited to the extent possible.
Section 18 of the Occupational Safety
and Health Act of 1970 expresses
Congress' clear intent to preempt state
laws relating to Issues an which Federal
OSHA has promulgated occupational
safely end health standards. Under the
OSH Ad, a state can avoid preemption
only lilt submits. and obtains Federal
approval of. a plan for the development
of such standards and their
enforcement. Oaupstional safety and
health standards developed by such
Plan -States must, among other things, be
at least as effective in providing safe and
healthful employment and places of
employment as Federal Standards.
Where such standards are applicable to
products distributed or used to
interstate commerce, they may not
unduly burden commerce and must be
)ustlfied by compelling local conditions
(See Section I B(c)(2) of the OSH Act).
This regulation is drafted so that
employees in every state would be
protected by general. performance -
oriented standards. To the extent that
there an state or regional peculiarities
caused by the terrain, the dimete or
other facton, states would be able,
under the OSH Ad, to develop their
own state standards to deal with any
sped at problems And, under the Act, if
a state develops an approved slate
program. it could make additional
requirements In its standards. Moreover,
the performance nature of this standard.
of and by itself, allows for Derdbility by
states and employers to provide as
V11. State Plan States
The 25 states and territories with their
own OSHAapproved occupational
safety and health plans must adopt a
comparable standard within six months
of the publication date of this final
standard. These 25 states are: Alaska,
Arizona, California, Connecticut (for
state and local government employees
only), Hawaii, Indiana. Iowa, Kentucky,
Maryland, Michigan, Minnesota.
Nevada. Now Merdce. New York (for
state end local government employees
only), North Caroline, Oregon, Puerto
Rico. South Carolina, Tennessee, Utah,
Vermont, Virginia. Virgin Islands,
Washington and Wyoming. Until such
time as a state standard Is promulgated,
Federal OSHA will provide interim
enforcement assistance, as appropriate.
in these states.
list of Subjects In 29 CFR Part 1910
Attendant. Confined Spaces,Entry
permit system. Hazardous atmospheres,
Hazardous materials. Incorporation by
reference, Monitoring, Occupational
safety and health, Permits. Personal
protective equipment, Rescue
equipment, Reespiratory protection,
Retrieval lines. Safety. Signs, Tags.
Toole, Welding.
IX. Authority
This document was prepared under
the direction of Dorothy L Strunk,
Acting Assistant Sec etary of labor for
Occupational Safety and Health, U.S.
Department of Labor, 200 Constitution
Avenue, N.W., Washington. D.C. 20210.
Accordingly, pursuant to sections 6(bl
and a of the Occupational Safety and
Health Ad of 1970 (29 U.S.C 655, 657),
Secelai' of Labor's Order No. 1-90(55
FR 9033), and 29 CFR Part 2911.710.
29, Chapter XVII. of the Code of Federal
Regulations Is amended as follows.
Signed at Wasblogloo, DC.. this Sib day of
January, 1993.
Dorothy L Strczk
Acting Anirronf Secretary of labor
PART 1910 -OCCUPATIONAL SAFETY
AND HEALTH STANDARDS
1. The authority dtation for Subpart
JofPart 1910Lsrevisedtoreadas
follows:
atmsonm: Sect. 4, 6. and S. Oaufauonal
Safety end Health Act of 1970.29 USC £53.
655.657; Secretary of labor's Order No. 12-
73136 FR 8754), a-76 (41 FR 25059). S-$3
(4B IR 35736) or 1-90 (55 FR 9033), as
applicable. .
Sections 1910.141.1910.142,1910.145,
1910.146, and 1910.147 also issued under 29
ffR Pan 1911.
2. Section 1910.146 is added to read
as follows:
*1910.146 PsrmdkequlndconMed
,peas
(a) Scope and cppikotion. This
section contains requirements for
practices and procedures to protect
employees in general industry from the
bawds of entry into permit -required
confined spaces. This section does not
apply to agriculture. to construction, of
to shipyard employment (Parts 1928,
1928• and 1915 of this chapter,
respectively).
(b) Definitions.
Acceptable entry conditions means
the conditions that must exist In a
permit apace to allow entry and to
ensure that employees involved with a
permit-requ)red confined apace entry
can safely enter Into and work within
the space.
Anendont means an individual
stationed outside one or more permit
spaces who monitors the authorized
entrants and who performs all
attendant's duties assigned in the
employer's permit space program.
Authorized entrant means an
employee who Is authorized by the
employer to enters permit space.
Blanking or blinding means the
absolute closure of a pipe. line, or dud
by the fastening of a solid plate (such as
a spectacle blind at a skillet blind) that
completely covers the bore and that Is
capable of withstanding the maximum
pressure of the pipe. line, or dud with
no leakage beyond the plate.
onfiinedspacemeans a space that•
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4550 Federal Resister / Vol. SB, No. 9 ! Thursday, January 14, 1993 / Rules and Regulations
(1) is large enough and so configured (1) Flammable gas. vapor, or mir.. in
that on employee tan bodily enter and excess of 10 percent of its lower
perform assigned work: and flammable limit (137.):
(2) Has limited or restricted means for (2) Airborne combustible dust at a
entry or exit (for example, tanks. concentration that meets or exceeds its
resins, silos, storage bins. hoppers, I3L•
vaults, and pits are spaces that may Nor. This concentration may be
have limited means of entry.), and spproxtsated as a condition in which the
(3) is not designed for continuous dust obscures vision at a distance of S feet
employee occupancy. (1.52 ml a Isis.
Double block and bleed means the
closure of a line. duct, or pipe by
dosing and locking or tagging two in -
line valves and by opening and locking
or togging a drain or vent valve in the
line between the two closed valves.
Emergency means any occurrence
(including any failure of hazard control
or monitoring equipment) or event
internal or external to the permit space
that could endanger entrants.
Engulfment means the nrrounding
and effective capture of a person by a
liquid or finely divided (flowable) solid
substance that ran be aspirated to cause
death by filling or plugging the
respiratory system or that an exert
enough force on the body to ause death
by strangulation, constriction, or
4hing.
Entry means the action by which a
person passes through an opening into
a permit -required confined space. Entry
includes ensuing work activities in that
space and is considered to have
occurred as soon as any part of the
entrant's body breaks the plane of an
opening into the space.
Entry permit (permit) means the
written or printed document that is
provided by the employer to allow and
control entry into a permit space and
that contains the information specified
in peragspb (f) of this section.
Entry supervisor means the person
(such as the employer, foreman, or new
chlel) responsible for determining if
acceptable entry conditions are present
at a permit space when entry is
planned, for authorizing entry and
overseeing entry operations, and for
terminating entry as required by this
section.
Note: An entry supervisor also may serve
as an slLndant Or as an aulhoeised entnni,
aslong u that person is named and
gypped ar required by this section fa each
role be a she Bits. Also, the duties of entry
supervisor may be passed tam coo
IOdividual to another during the course clan
entry operetioa
flu. atmospheremeens an
atmosphere that may expose employees
to the risk of death, foapedtation,
impairment of ability to self•rescue (that
Is, escape unaided team a permit space),
injury. or acute illness from one or more
of the following ousaw
(3) Atmospheric oxygen concentration
below 19.5 percent or above 23.5
percent:
(4) Atmospheric concentration of any
substance for which a dose or a
permissible exposure limit is published
in Subpart C. Occupational Health and
Envimrrnensai Control, of in Subpart Z.
Toxic and Hazardous Substances, of
this pen and which could result in
employee exposure in excess of its dose
or permissible exposure limit;
Note: An atmospheric coor<ncatios of any
substance that is not capable of ausicg
death. icapedtation. impairment olability
to self -rescue, injury, or acute illness due to
its health effects is not covered by this
provision
(5) Any other atmospheric condition
that is immediately dangerous to life or
health.
Not.. Fa sit contaminants for which
OSHA has not determined a dose a
permissible exposure limit, other sons of
infossstion. such as Material Safety Data
Sheets L:at comply with the Hazard
Communication Standard. 51910.1200 of thin
pert. published IcformaUoo, and internal
documents an provide guidance to
establishing acceptable stnsospberic
conditions
Hot work permit means the
employers written authorization to
perform operations (for example,
riveting. welding, cutting burning, and
beating) capable of providing a sours
Ignition
Immediately dangerous to life or
health 11D13f1 mesas any condition that
poses an Immediate or delayed threat to
life or that would ause irreversible
adverse health effects or that would
Interfere with as individual's ability to
escape unaided from a permit epee.
Naar. Some msterta s—bydmgea fluoride
gas and admiam vapor. for exam a -ma
produce I..,.....lc.t. tansient effects that y
even if severe. may pass without medial
ettentloe. but cv followed by sudden.
possibly fetal collapse 12-72 barn aver
axposura. The victim "feels normal" tom
recovery from trwrtent effects until Use.
Such materials In haardous quantities we
aonsidned lobs "immediately' daage:ous
lib a heaaL
to such en extent that the resulting
atmosphere Is noncombustible.
Note: This procedure preduas an ml!(
or ygen.deficient atmorphem
Isolation means the process by which
a permit space Ii removed from service
and completely protected against the
release of energy and material Into the
space by such means as: blanking or
blinding: misaligning or removing
sections of lines. pipes, or ducts; a
double block and bleed system; lockout
or tagout of all sources of ener�v. or
blocking or disconnecting all
mechanical linkages.
Line breaking means the irtcn:;c:.al
opening of a pipe. lie. or clue: ust is
or has been carrying Cam nable..
corrosive, or toxic material. an i art gas.
or any fluid at a volume, press_re. or
temperature apabe cf ousing injury.
A'on-permit car. L'td space esas a
confined space that dxs not contain or,
with respect to atmospheric hazards,
have the potential to contain e. y hazard
capable of causing death or serious
physical harm.
Oxygen deficient atmosphere means
an atmosphere containing less than 19.5
percent oxygen by volume.
Oxygen enriched atmosphere means
an atmosphere containing more than
23.5 percent oxygen by volume.
Permit -requited confined space
(permit space) means a confined spece
that has one or more of the following
Characteristics:
(1) Contains or has a potential to
contain a hazardous atmosphere;
(2) Contains a material that has the
potential for engulfing an entrant
(3) Has an Internal configuration such
that an entrant could be trapped or
asphyxiated by inwardly converging
wells or by a floor which dopes
of downward and tapers to a smaller cross-
section;
or
(4) Contains any other recognized
serious safety or health hazard.
Permit -required confined space
program (permit span program) means
the employer's overall program far
controlling, and. where appropriate, for
protecting employees from, permit
space berards and for regulating
employee entry Into permit specs.
Permit system meats the employv's
written procedure for preparing and
issuing permits for entry and for
returning the permit span to service
fallowing.tarmination of entry.
Prohxtitelbondition means any
ro condition to a permit space that is not
allowed by the permit during the period
when entry Is authorized.
Rescue sent. means the personnel
designalsd to raxve employees from
permit specaa
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Federal Register / Vol 58. No. 9 / Tbvusday, January 14, 1993 1 Rules and Regulatloas 4551
Rr•trin•nl system mers:s the equipment
Itncludsg a retrieval line, chest or full -
body harness, wristlets. If appropriate.
and a lifting device m aLcbm) used fm
non -entry rescue of persons !nrc patron
spaces.
Tes'.ing mraca the pnacs by which
the hawds thet may ccnfront eat -ants
of a permit space a. -e idunt:5ed end
evaluated. Testing Inchrdei specif)••stg
the tests that am to be ptHmn:ed In the
permit space.
note Testing enable emplryas both to
devise and btplernerit adequate oun tol
measures for the pro'ecton of su'3chrad
eone.nts and to determine !taasynsble entry
road;ticn: n present icmrdlatdy purr en.
and der::g carry.
(c) General requirements. p) The
empIoyer shall evaluate the wcrkplaee
to elermins if any spaces an permit•
required cocf Ded spaces.
Note. Roper app1icUoo of the derision
flow ciwl in Appendis A lo 11970.146
would facilitate mmp'Jeare wnb this
.wquirc•�rnt
(2) If the workplace contains permit
spaces, the employer shall inform
exposed employees, by posting danger
signs or by any other equally eL'ac ive
means, of the esdsteoce and laatioa of
and the danger posed by the permit
spaces.
Note A Sign reading'DANC;f—FFRWT-
REQtIDcw C TI%MD SPACE, DO NOT
E1�' w wing other ironer la_gu age
would seTdy the requheameat Ira sign.
(3) if the employer deddes that its
employees will not enter permit spaces.
the employer shall take egedive
measures to prevent its employees from
entering the permit spaces and:hail
((c)t6 and with pahug ragraphs (c)l2l
(4) If the em yff n deddn that Its
employees will ester permit spacak the
err,ployer shall develop and implement
a vorittm P�H spurs enoT p7ogam
that complies whb this section. The
written program shell be available (a
insppeecctti�on by employees andtheir
eutbariaed retativn.
(5) An amp ormy use the altesmahe
procedures specified in paragraph
(c)(s)(ii) otthis carries la interring a
permit space render the conditions. is
forts to paragraph (r)IIXI) of this
section.
(I) An employer whose empleysea
enter a pennft spas used ml
with (8 l
that:
(A) The rIoyerr.. darnvacat,
the the. oily rind posed b3 the parmft
space is sm aced a pcledd hs�domr
Atmosphere[
(4) The employs an demonst-ate
that continuous (nttad air ventilation
alone Is suY.tdent to maintain that
permit space safe for anbpyy,
(C) The employer develops
monitoring and icspectioo data that
mpperu the domonstiitms required
pargrephs (c)(5XIXA) and (c)(s)li)(3)
this section:
(D) If an Initial entry of the pa-mit
f
is necessary w obtain the date
by par npb (t)(5)lil(C) of this
ianra with paragraphs (d) tI`rougb
(k) o, t'Js section;
(E) The determinations and
supporting da!a required b euegsrhs
(c)(5):IA), (c)I5)(i)(E), and (c;ts)(r)(Cl of
this section. a --v doarmented by the
emp'.oyei and are made available to
each employee who enters the permit
space under the terms of paragraph
(c)(s) of this section; and
(F) Entry few the permit space under
the to ms of par_gmpb fc)(5)(i) of this
seeien is performed in accedence with
the requireoeats of paragraph (c)(5)(ii)
of this section.
Nees See paragaph (cX71 of thb satins
for ndassi&atyea eta perm1 apes Agar all
hazards wf 1z the spew have been
A1iminated.
(is) The following requirements apply
to entry into permit sparse that meet the
conditions set forth in paragnpb
(c)(SXi) of this section.
(A) Any condition making H unsafe
to remove an entmoce cover shall be
eliminated before the novel Is removed.
(B) When entrance cons are
rene.vwd, the opening `hall be promptly
guarded by a railing, temporary must,
or other temporary bather that will
prevent an accidental fall througb the
opening and that will proied each
employee wm)dng in t?e space from
foreman objoCi ea:at(n1 the space
Ic7 Before an employee enter the
space, the Isternel atmosphere abhD be
tested, with a cellbrsted dired•reeding
Instrument, far the fallowing conditions
in the order given
11) Oxygen content
I2) Flammable geses and upon. and
(3) Potential toxic air contarrrura
(D) Tin mrry� be no hasardout
atMc,,1L0 within the Space whoever
any employee IS inside the space.
(E) Continuous lamed air vermletfm
shallbe used, as foiyewr.
( 1) An amp ay e'e may not enter the
space untfl the Ironed air ventilatlo bat
eliminatad ony Mzr Min etmospLn.
(2) The forced air ntiLtiea shall be
ao direded as to roat(ble the immedlda
area whim an employee is err will be
prolong wt }da the epees and shall
continue snit all employees ban hi
the space-.
(3) The air wpply f¢ the forced air
vctslatioa shall be from a clean source
and may not hawse the bawds In the
space.
(F) The at=ospbare within the apace
shall ba periodically tested as necessary
to ss ore that the continuous forced air
ventilation Is prevent9cg the
acrumuletica of a baudous
atmosphere.
(C) If a banrdom almocpbe.-e is
detected dams army.
(1) Fech employee shall leA•.a the
specs immediately;
(2) The sfsceshill bee atusted to
determine bow the buwdo'n
str_csphce developed; and
(3) ::aerates shall it implemented to
protect employees from the basrdous
atmosphere Was any subsequent entry
takes plea.
(H) the employer shall verify that the
space is sale for entry and that Ile
measures requred by pertgrsph
•(e)(5?(ii) of this section have been taken,
through a wntten carli5cetion that
contains the dale, the location of the
space. and the signature or the parent
providing the certification. The
certification shell be made before entry
and shall be merle available to sorb
employee entering the spec
(6) When there an changes in the use
or coa5gurctwo of a ncn•permtt
mnfins3 space that might manse the
hazards to entrants, the employer shall
reevaluate that specs and, If necessary.
tec]assi fy it as a permit -required
a,cft,ed space.
(7) A space class! ad by the employer
asa permit•requned confined space may
be reclassified as a non -permit confined
spate under the following prnoadrsrec
(1) 11 the permit span poses no actual
or potentia) atmospbaric hazards and 11
all hands within the !pace are
eliminated without entry into the space,
the permit space may be reclassified as
a non -permit confined spa ce for as long
tithe oon•stmospheric bazards remain
slimineled.
Iii) it it is necessary to enter the
permit space to eliminate bands, such
entry shall be penned undo
paagnphs H)) Oinuh
(kJ of this
sectlon. Iflasting and Inspection during
that entry demmistnle that the bezards
within the prima space have been
eliminated, the permit space maybe
reclassified as a Don•permlt confined
space for as long as the hazards "main
eliminated
Now Capon? ad eseocpberk haaarda
tlwugb fend air eratIlatlon dm n�
constitute diminaGno of sba bazarda.
Pangnpb Ic)Isi ern perm!! qua entry
what the employer m dmonrtrma That
free wd str.eatfalns alone Will ¢cod all
haards In the spans
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4552 Federal Register I Vol. 58, No. 9 / Thursday, January 14. 1993 / Rules and Regulations
(iii) The employer shall document the
basis for determining that all hazards in
a permit space have been eliminated.
through a certification that contains the
date, the location of the space. and the
signature of the person making the
determination. The certification shell be
made available to each employee
entering the space.
(iv) If hawds arise within a permit
space that Las been declassified to a
non -permit space under paragraph (c)(7)
of this section. each employee in the
space shall exit the spew. The employer
shall then reevaluate the space and
determine whether it must be
reclassified as a permit spew, in
accordance with other applicable
provisions of this section.
(8) When en employer (host
employer) arranges to have employees
of another employer (contractor)
perform work that involves permit space
entry, the host employer shall:
(I) inform the contractor that the
workplace contains permit spaces and
that permit space entry is allowed only
through compliance with an permit
space program meeting the requirements
of this section;
(ii) Apprise the contactor of the
elements, including the hazards
identified and the host employer's
experience with the space, that make
the space in question a permit space;
(iii) Apprise the contactor of any
precautions at procedures that the host
employer has Implemented for the
protection of empployees in or near
permit spaces where contractor
personnel will be working;
(iv) Coordinate entry operations with
the contractor, when both host employe
personnel and contractor personnel will
be working in or near permit spaces, as
required by paragraph (d)(11) of this
section; and
(v) Debrief the contractor at the
conclusion of the entry operations
regarding the permit space program
followed and regarding any hazards
confronted or created in permit spaces
during entry operations.
(9) In addition to complying with
permit space requirements that apply t
all employers. each contractor who is
retained to perform permit space entry
operations sball:
(t) Obtain any available information
regarding permit space hazards and
entry operations from the host
employer,
(ii) Coordinate entry operations with
the host employer, when both host
employer personnel and contractor
ppeersonneelt ewiisll be working in or near
(d)(111) of this secti. as on;
annnddd by P 8n
the
(Ili) inform the host employer of the
permit space program that the
contractor will follow and of any
hazards confronted or created in permit
s aces, either through a debriefing or
during the entry operation.
(d) Permit -required confined spent
program. Under the permit -required
confined space program required by
paragraph (c)t4) of this section, the
employer shall:
(1) Implement the measures necessary
to prevent unauthorized entry;
(2) Identify and evaluate the hazards
or pemit spaces before employees enter
them;
(3) Develop and implement the
means. procedure. and practices
necessary for safe permit space entry
operations. including. but not limited
to. the following:
(I) Specifying acceptable entry
conditions;
(ii) Isolating the permit space;
(iii) Purging. inerting. flushing. or
ventilating the permit space as
necessary to eliminate or control
atmospheric hazards;
(iv) Providing pedestrian, vehicle, or
other barriers as necessary to prated
entrants from external hazards; and
(v) Verifying that conditions in the
permit space an acceptable for envy
• throughout the duration of an
authorized entry.
(4) Provide the following uipment
(specified in paragraphs (d114)ti)
through (d)(4)(ix) of this section) at no
• cost to employees, maintain that
equipment properly. and ensure that
employees use that equipment properly.
(i) Testing and monitoring equipment
r needed to comply with paragraph (d)(S)
of this section;
(ii) Ventilating equipment needed to
obtain acceptable entry conditions;
(iii) Communications equipment
necessary for compliance with
paragraphs (b)(3) and (i)(s) of this
section;
(iv) Personal protective equipment
insofar as feasible engineering and won
practice controls do not adequately
protect employees;
o (v) lighting equipment needed to
enable employees to see well enough to
work safely and to exit the space
quickly in an emergency;
(vi) Barriers and shields as required
by paragraph
)suc)of h at ladd is eon;
(vii) Equipment.
needed for safe Ingress and egress by
authorized entrants;
(vili) Rescue and emergency
equipment needed to Comply with
paragraph (d)(9) of this section. except
ph to the extent that the equipment is
provided by rescue services; and
(ix) Any other equipment necessary
for safe entry into and rescue from
permit spaces.
(5) Evaluate permit space conditions
as follows when entry operations an
conducted:
(I) Test conditions in the permit space
to determine If acceptable entry
conditions exist before entry Is
authorized to begin, except that, if
isolation of the space is infeasible
because the spew is large or is part of
a continuous system (such as a sewer),
pre -entry testing shall be performed to
the extent feasible before entry is
authorized and, if entry is authorized.
entry conditions shell be continuously
monitored in the areas where authorized
entrants are working;
(ii) Test or monitor the permit space
u necessary to determine if acceptable
entry conditions are being maintained
during the course of entry operations;
and
(iii) When testing for atmospheric
hazards, test first for oxygen, then for
combustible gases and vaporsand then
for toxic gases and vapors.
Note: Atmospheric testing conducted In
accordance with Appendix B to 51910.146
woul
d be considered as sanshhmg the
requirements of this paragraph. For permit
space operations in sewers. atmospheric
toting conducted In accordance with
Appendix 8, as supplemented by Appendix
E to 51910.146• would be coosidered u
satisfying the requirements of this paragraph.
(6) Provide at least one attendant
outside the permit space into which
entry is authorized for the duration of
ertry operations;
Note: Attendants may be assigned to
monitor mom than one permit space
ptovided the duties desmbed in pngnpb
(it of this section an be effectively
performed for each permit race that Is
monitored. Likewise. atteolants may be
sutioned at any location o 'side the permit
spent to be monitored as lo=g as the duties
described In paragraph Ii) of this section can
be effectively performed for each permit
space that is monitored.
k (7) if multiple spaces an to be
monitored by a single attendant. Include
in the permit program the means and
procedures to enable the attendant to
respond to an emergency affecting one
or more of the permit spaces being
r,onitored without distraction from the
attendant's responsibilities under
paragraph (i) of this section;
(8) Designate the persons who an to
have active roles (as, for example,
authorized entrants, attendants, entry
supervisors, or persons who test or
monitor the atmosphere in a permit
sdace) in entry operations. Identify the
uties of each such employee, and
provide each such employee with the
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Fedual Register / Vol. Se, No. 9 / Thursday, January 14. 3903 / Rubs and Regulations 4553
training required by paragnpb (a) of this Note Arrrodtx D so 51010 246 pnawU (F) The measures used to laclste the
s rcuor.; exim,!rs o! permits wboee elemrcte an rermat spas and to a iminete or control
(9) Develop and Implement tnnsldered to.... ly with the aequlzmnts permit space boards before entry;
procedures for summoning resale and of the arcane. Not.. Those names a Indede the
' emergency services, for rescuing (2) Before entry begins, the entry lockout or ttgin of equipment and
entrants from permit spaces, for supervisor Identified on the permit sb l pmcedurea for purging. Irartiag, venillafizg,
provid!ng necessary emergency services sign the entry pant- to authorize entry. and Gusbing omit spacer
to rescued employees, and for (3) The completed permit shell be (9) The arxepbble entry conditions
prrventmg uneatborized personnel from made avauble a1 tie time of entry to e31 (10) The results of initial and periodic
attemp'ir.a a rescue; authorized enL•anla, by osting 11 as the tests performed under pangnph (dX5)
(10) Develop and implement a system entry portal or by any o&ar equally of this section, accompanied by the
for be preparation, issuance, use, and effective means, so that the entrants an names or initials of the testes and by an
cancellation of entry permits as required confirm that pre -entry preparations have Indication of when the tests were
by this section; been completed performed;
(11) Develop and implement (4) The duration of the permit may (11) The rescue and emergency
procedures to coordinate entry not exceed the time required to services that can be summoned and the
operations when employees of more complete the assigned task m job Mears (such as the equipment to use
than one employer an -sulking identified on the permit to ecourdance and the numbers to call) far tnmmoatng
simultaneously as authorized entrants with paragraph (f)(2) of this section. these services:
Ina pernrit space, to that employees el (S) The entry supervisor shall (12) The Communication procedures
cne employer do not endmger the terminate entry and ens I the entry used by authorized emcants and
employees of any other employer. permit when attendants to maintain contact during
(12) Develop and implement (i) The entry operations covered by the entry;
procedures (such artiosing off a permit the entry permit Deve been completed. (13) Eq ipment, such it parsooal
space and canceling the permit) or protective equipment. testing
necessary pot conc)udicg the entry after (ii) A condition that is not allowed equipment, eo.•nmunlcatiom equipment.
• entry operations bare beat completed; under the aotry permit arises in or neat alarm systems. and rescue equdpment, to
• (13) Review entry operations when the permit space, be provided for compliance Nitb this
the employer bas reason tobeteve that (6) The employer shell retain each section;
the measure taken under the permit cersceled entry perasii for et least 1 year (14) Airy other tnformatios whose
space program may not prAed to fed"We the re view of the pemit- inclusion is necessary. given the
employees and remise the progem to requiredLrJ,Jfined apace dreumstances of the particular confined
correct defidesrdes fmmd to exist before vequiredby pL id t4) of tins space, in order to ensure employee
subsequent entries teev ho• aid; and — section. Any prwlAms encountered safety; and
' Note. Esairples of rte^.T ,•M • saq:,iriog during an entry operation shall be noted (15) Any additional persrJU, such n
the review of the permitwegtdredmntuud on the pertinent pecmtt w the! for hot work, that have been issued to
spars program er say unr atboraad entry of appropriate recisions to the permtl authorize work to the permit space.
a pert force, me detection of a pemN spas grogram tan be made. (g) Training. (1) The employer shall
spa: bawd sot eoven-0 %permit, the (f) Entrypemdt. The entry permit that provide training so that ell employees
demos of t modumn td bf she documents compflance with this section whose work Is regulated by thhl{ss tediem
permdLtbeommmodawinyawm- .cqWretheunderstandin bowledge.
miss during entry, t change In the as a and authorizes entry to a permit spas end skrlhs necessary for the sale
com d cBguntia peak apeca.and shall identify: eri�__s of the duties assigned
of the ee trnphims shoat th. albmveness (1) The permit sped to be ealad; P
of the program (2) The purpose of the entry, under this sedio i.
(14) Review the parin I-fs afnd (3) The data and the authorized (2) Training shall be provided to eau'
duration cube entry affected employee: r
coo5ned spec progata•nsingtbe (4) The eutban entrants xithin lb.
(i) Before the employee is fast
raneeled permits retained enderasstgr ed duties under this section;
paragraph (e)(6) of ibis em scawithin 1 Permit spece,by name or by such other Jul Before there is a change in
yaar aRer each azrtry andeerlasthe means (for example. through the uuast ass ed duties;
program as nemasery.4oa�nss rosters m tracking sydams n will (iii) Wl,caever There Is a change in
employees participating to miry enable the atteadant ge determine peemit spas operations that presents a
operations are prottQed form pvmC quickly and aoorntely. for the duration hazard shoot rvhith an trraplo)ee has
space hart, of the permit, which authorized entrants not pteriwsly been mined;
0mpivyvss any perform aflsrgle are inside the permit space; (iv) Whenever the employer bas
Note
-anus! review oa.erug en aa6faper}mtocd Note TLM wq.Aisv pmt seey beaetbr reason tobebeve tither that chars we
during a 12 -month period. E ma �,trryy i Inseemg a sdrnna a the cby I n a deviations from the permit spas entry
performed da mg a iica peiod. tun to the mtam used roil se a sossv or proadtees required by paregspb 1d){3}
res iew Is ateorsrr'. traddr4 gulf to l0P track of 16 of this section or that there are
autluriaed fntr-e Y wilhio the petmtr tpaQ
Appendix G to §191t).14S pieseals {aedegoedet fa the erop}oyeeti
1 examples at permtt entry peopems that ' (S) The Perso�e1. by stares, anrestt7y 1Towiedge or use of thew paoadmea
are considered to comply Se seeing n acande (3) The training shall eeleblieb
requirements of paragraph (d) of this (6) The bi41e &nLby emne.cvrrently employee prefidesscy to the dimes
section. seeing 4n ruby tnzper*}eor, with t epee required by tbls ssiirm End dslE
te) PerrnR system. 113Selore entJ Is for the signature or 1n16ah eihhe entry introduce new er revised proadarea, es
authorized.tbe employer sell: supervisor wlw orlgtrrel}y etrtbotiasi necessary, for corrptance with this.
document the tnmpleti® of teee,tan entrtr7 . section. tvp}��
joueddy perrpb (d}(S)el@is (7) TheIs oftLa permit T'I' a t o4)) Taenln i agd W SIGH art* that
the
on by p,epertng on entry permit be aotmer} t
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4554 Federal Register 1 Vol. 55, No. 9 / Thursday, January 14, 1993 1 Rules and Regulations
J
Through (g)(3) of this section has been
accomplished. The certification shell
contdn each employee's name, the
signatures or initials of the trainers. and
the dales of training. The caniEcation
shell be available for inspection by
employees and their authorized
representatives.
(b) Duties of authorized entrants. The
employer shall ensure that all
authorized entrants:
(1) Know the hazards that may be
faced during entry. including
information on the mode, signs or
symptoms. and consequences of the
exposure;
2) Properly use equipment as
required by paragraph (d)(4) of this
section;
(3) Communicate with the attendant
as necessary to enable the attendant to
monitor entrant status and to enable the
attendant to alert entrants of the need to
evacuate the space as required by
paragraph (i)(6) of this section;
(4) Alert the attendant whenever.
(1) The entrant recognizes any
waning sign or symptom of exposure to
a dangerous situation, or
(ii) The entrant detects a prohibited
condition; and
(5) ExIt from the permit space as
quickly as possible whenever.
(i) An order to evacuate is given by
the attendant or the entry supervisor.
(ti) The entrant recognizes any
warning sign or symptom of exposure to
a dangerous situation,
(ill) The entrant detects a prohibited
condlUon,or
(Iv) An evacuation alarm Is activated.
(1) Duties of attendants. The employer
shall eacure that each attendant:
(1) Knows the hazards that may be
faced during entry, including
information on the mode, signs of
symptoms, and consequences of the
2) 1s aware of possible behavioral
effects of hazard exposure in authors.
entrants;
(3) Continuously maintains an
accurate count of authorized entrants
the permit space and ensures that the
means used to Identify authorized
entrants under paragraph (0(4) of this
section accurately Identi5es who is In
the permit apace:
(4) Remains outside the permit space
during entry operations until relieved
by another attendant
Nate. When the employees permit aatry
program allays attendant entry far rescue,
attendsnb may enter a permit space to
attrapt a rescue U they hen been trained
anad nipped for rescue opvanons u
te
by pangapb (k1(t) of this eedlon
end U Nay have beet neve ld u required
Paragraph (1X4) of this ss a
is
(5) Communicates with authorized
entrants as necessary to monitor entrant
status and to alert entrants of the need
to evacuate the space under paragraph
(1)(6) of this section;
(6) Monitors activities inside and
outside the space to determine if It is
safe for entrants to remain In the spare
and orders the authorized entrants to
evacuate the permit space immediately
under any of the following conditions;
(1) If the attendant detects a prohibited
condition;
(ii) lithe attendant detects the
behavioral effects of hazard exposure in
an authorized entrant;
(iii) If the attendant detects a situation
outside the space that could endanger
the authorized entrants: or
(iv) if the attendant cannot effectively
and safely perform all the duties
required under paragraph (I) of this
section;
(7) Summon rescue and other
emergency services as soon as the
attendant determines that authorized
entrants may need assistance to escape
from permit space hazards;
(6) Takes the following actions when
unauthorized persons approach or enter
apermit apace while entry is underway:
(i) Warn the unauthorized persons
that they must stay away from the
permit spa
(d) Advise the unauthorized persons
that they must exit immediately U they
have entered the permit space; end
(iii) Inform the authorized entrants
and the entry supervisor if unauthorized
persons have entered the permit space;
(9) Performs non.entry rescues as
specified by the employer's rescue
procedure; and
(10) Performs no duties that might
interfere with the attendant's primary
duty to monitor and protect the
authorized entrants.
C7 Duties of entry supervisors. The
that
employer shall ensure at each entry
suppeervisor,
sect (1) Knows the barards that maybe
faced during entry, including
information on the mode, signs or
symptoms, and consequences of the
exposure;
2) Verifies, by checking that the
appropriate entries have been made on
the permit, that all tests specified by
permit have been conducted and that 1.1
procedures and equipment specified by
the permit are in place before endorsing
the permit and allowing entry to begin:
(3) Terminates the entry and anneals
the permit as required by paragraph
(e)(S) of this section:
(4) Verifies that rescue servlcas axe
available and that the means far
tummoning them inoperable:
(R (5) Removes unauthorized individual
who enter or who attempt to enter the,
the
permit space during entry operations;
and
(6) Determines, whenever
responsibility for a permit space entry
operation Is transferred and at intervals
dictated by the hazards and operations
performed within the space, that entry
operations remain consistent with terms
of the entry permit and that acceptable
entry conditions are maintained.
(k) Rescue and emergencyservices. (1)
The following requirements apply to
employers who have employees enter
permit spaces to perform rescue
services.
(i) The employer shall ensure that
each member of the rescue service is
provided with, and Is trained to use
properly, the personal protective
equipment and rescue equipment
necessary for making rescues from
permit spaces.
(ii) Each member of the rescue service
shell be trained to perform the assigned.
rescue duties. Each member of the
rescue service shall also receive the
training required of authorized entrants
under paragraph (g) of this section.
(iii) Each member of the rescue
service shall practice making permit
space rescues at least once every 12
months, by means of simulated rescue
operations in which they remove
dummies. manikins, or actual persons
from the actual permit spaces or from
representative permit spaces.
Representative permit spaces shall, with
respect to opening size, configuration,
and accessibility, simulate the types of
permit spaces from which rescue is to
be performed.
(iv) Each member of the rescue service
shall be trained in basic first -aid and in
cardiopulmonary resuscitation (PR). At
least one member of the rescue service
holding current certification in fiat aid
and in O'R shall be available.
(2) When an employer (hod
employer) arranges to have persons
other than the host employer's
employees perform permit space rescue,
the host employer abal
(1) Inform the rescue service of the
hazards they may confront when called
on to perform rescue at the hod
employer's facility, and
ld) Provide the rescue service with
accessto allpermit spaces from which
rescue may be necessary so that the
rescue service can develop appropriate
rescue plans and practice rescue
operations. entr (3) To facilitate nooy rescue,
retrieval systems or methods shall be
used whenever an authorized entrant
enters a permit space, unless the
retrieval equipment would Increase the
cent. overall risk of entry or would nd
contribute to the rescue of the entrant.
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Federal Register I Vol. 58, No. 9 / Thursday, January 14, 1993 / Rules and Regulations 4555
Frtrievel systems shall moot the (U) The other and of the retrieval line written information that be made
following requirements. &bell be attached to a mechanical device available to the medial facility treating
(i) Each authorized entranl &ball use or fixed point outside the permit spas the exposed entrant.
e chest at full body harness. With a in such a manner that rescue an begin APPENDICES TO Stelas4a—tEtt i.
retrieval line attecLed it the center of as soon as the rescuer becomes aware �t1IXm ODI40WID SPAQS
the entrant's back near shoulder level, that rescue Is necessary. A mechanical Naze. Appendices through 9 &ern to
or above the entrant's head. Wristlets device &ball be available to retrieve provide t ppendiceszkrnadon A nd aoo-maadstmt
may be used in lieu of the chest or lull personnel from vertical type pervait guidelines m assist employers end emplovesa
y
body harness if the employer an spans mom than Sleet deep. In oomplyla4 with the sppyoprista
demonstrate that the use of a chest or (4)1f an Injured entrant Is exposed to sequImmmts of this section.
full body harness is infeasible or creates a substance for which a Malarial Safety
a greater bawd and that lba use of Data Sheet (MSDS) or other similar
wristlets is the safest and most effective written information Is required to be
alternative, kept at the workslte. that SDS or
•
an 14, ]993 t Rules and Rpgulatlous I
asst Ff)dcal Ragidcz I Vol. se, No.! I 'iitlrsdaY, January
Ap{ro.Cl A to 11210346•-tsrmlt-COI
Caa d Spec. nscideo river Men
Appendix A
Pearit-required Confined Space Decision Flow Chart
the voraZlece contain $snit-regatred Confined Spaces, Si d.:i.d q lisl. ie•iv'•
vr<
Futon ssployns as reP+tred by f 1910.HS fe)11).l
tbinvll ethic
µT1 is ab1•
06sA Standards
flop
"Ploy" entry a r.Qutred by
ruill peril* spec.. M • .red7 MY--���`t"ay.,.. Ic)III• oo task trot outside of Space.
t`1 ncten• "plgwa. inter, contract** Cl
sri:l connectors �Oltr it�'.Tatt V111 be d*M by Sent
lr. a11ed q if 10.Ili Ic1 UIIi I. lily s.�d till). Contractor obtains
1n1ort.tiO" r.C it d q f1f10.14f Icllflltl. (Ii) and (iii) ties host.
• both contractors and host ";Joy"s will enter the ep.c.J
YES
t:[1: host e.Dleyee• ante. to I Coerd lbna entry operations a r•7utrtd by 1:!10.ry.
pester, entryts� IU 1lllivl and 141(11)• flwar: unauthorttad "cry.
ITS 113
IL. prevent iravthor — entry. S7Of
't tat a panic •raq:ired confined space. 1910.14[
lbet space hive tnovn of potential hasardil Ir ••— does not ►$ply. Consult other OScs standards.
Y,
ppleyer say choose to reclassify spats to ,on•penit Is
Car. the Nfards be eltet'nsttd)sted) Yep — n: ` TICJITed confined space mai)1910.18 (c)III. WTOP
10
Cu. thespec• be •'rite teed to a tend it fen sale to YL9—.> Ipace say be snored under
•rite: q continuous forced air vntilatien Only* ' ISf 3D.14 td (S). f'fOps
ND
Nnit not
Prepare for entry via $emit $roc "dens. valid with
cendietit teal
VNily acceptable entry conditions 11.51 resude lt& record. space teolstedd if*}—apilicai lens
n"wd, asaru•ru"A"SS to s o ac. ilable. entrants properly •quipped. epee
1
permit issued by euthorittn9 sl9MluT•. NTH
a:certaols entry conditions utntalne4 thrcv9hout entiv-1
Yt
[retry tests to.pl.ted. Penn returned and candled.
Audit Wnit procru and Palest hoed on •valuation •1•
try q •ntrant• atta dsnte. testers and preparers. •lc.
te., ,riCY cults (prohibit•o
condition). Ctrantt evacuated
entry aborts. (Call rescuers It
ri"d"e). Perth t is void- Reevaluate
) prohibit
ca c
iitlon.Occurrent
c• otaer9ancy
tu•:.al)y) is proof of deficient
$copra&. No reentry Until prograa
(sad pan)*) Is esMed. (May
rsQuin raw pre9r".1
t Spaces ray have to be evacuated and rs••valuited it Nsarda arise dui cep entry
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I Permit • Required Confined Space Decision Flow Chart
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Does the workplace contain PRCS as dented
YES
Inform employees as required by §1910.146(cx2).
W fl permit space be entered?
YES
VU contractors enter?
NO
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1910.148(b)7 Consult oah applI
OSHA standards.
Prevent srnptoyea entry as required by 1910.146(c)(3).
Do task from outside of space.
Task will be done by contractors' employees. Inform contndor u
required by § 1910.146(cx8)(t), (9) and ((9). Contractor obtains
Infomution required by §1910.146(c)(9)(I), (9) and (Iii) from host.
Both contractor and host employees will enter the space.
Will r empoyees enter ICoordinate entry �rstonu as required by §1910.146(c}(8 )(Iv)
to perforform eentry tas tasks? and (deli). Prevent unauthorized entry.
YES NO
Prevent unauthorized entry STOP
Not a PROS. 1910.146 does not apply. Coruull
Does space have knavm or potenfial hazards? other OSHA standards.
YES
Gn the hazards be edknkrated? YES Enplgrer may choose to redas&ty space lo nonpern9 STOP'
required confined space using §1910.146(cx7).
NO
Can the specs be mahtained ha condition safe b YES Specs may be entered under STOP'
enter by oontlnuoua foroed air ventAat1on only? §1910.146(cx5).
IIIIIIIII-
NO
Prepare for entry via Permit prooedurea.
II -
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Appendls B to SIIf0.14e—Pruad'ufl for
Atmoapberic Teseinj
Abnoepberic letting is req•.und for two
duUnci purposes: avgahadon of the bawds
of the permit span and nrif ation that
acesptable entry conditions for entry into
that tpaCa exist
(1) Evduotion testing The atmosphere of a
confined spec. should be analysed using
equipment of sufficient sensitivity and
specificity to Identify Lad evaluate any
hazardous atmospheres that may exist or
arise. so that mpym state permit entry
pmaduns an be developed and acceptable
entry conditions stipulated fm that specs
Evaluation and lolerpretation of these dots.
and development of the entry procedure,
sbould be dome by. or reviewed by. a
tecbnrcal'y qual:f'ed pro'esslon►l (eg.
,
OSHA coosvtiation semi. or certified
indc.strial h)trenist, resistend safety
engineer. certified safety professional, etc.)
based on evaluation of all serious bawds.
(2) Verification testing The atmosphere of
a permit space which may ccn'ain a
hazardous atmosphere should be tested for
residues of all coela&inai is identified by
evaluation testing using permit specified
equipment to determine that residual
concentrations at the time of testing and
entry are within the range of acceptable to
moditlons. Results of testing (i e.. actual
concentration. etc) should be recorded on
the permit in the epee provided adjacent to
the stipulated acceptable entry condition.
(3) Durotiun of 11eetsttsunngg Measunmeat of
values fox each atmospheric parameter
should be made for al least the minimum
response time of the lest Instrument speafl
by the manufacturer.
(4) Testing itsotified atmospheres. When
monitoring for entries involving a descent
into atmospheres that may be stratified. the
atmospheric envelope should be tested a
distance of approdmately 4 feet (1.22 m) th
the direction of travel and to eats aids. ifs
sampling probe is used, the entrant's rite o
prowess sbould be slowed to aaornmodat
the sampling speed and detector response
Appendix C 10 S7910.140-- Crimper sf
Permit -required Confined Spat
maintained In a safe condition for e{n�try by are
ebalbelal rxuuidered ipermil requir
ed confined s
{`.cos until the preeotry procedures use
demonstnle otherwise Any employee - the
sequined or permitted to pre -chest or enter aft
am enclosed/comfined space chill ben Res
surassfully completed, u a minimum. this pal
gtJaiog as required by the following section the
of these procedures. A written copy of Ins
operating and rncve procedures as required en
by these procedures shod be of the evrk site B.
for the duration of the fob. The Confined Pt'
Space Pn Entry Qlecic List must be
completed by the LEAD WORKER before s
entry Into a confined space This list verifies eD
cocaplelion of Items I:sied below. This check P
list a all be kept at the job site for duration e
of the job. I! circumstances dictate m or
interruption in the work, the permit space ah
must be reevaluated ends new check 1131 mfo
must be completed.
Contain of atmospheric and engulfs enl P
Aotords. a
Pumps and lines All pumps and hoes
which may reasonably ause contaminants 10 m
now into the space shall be disconnected. V
blinded and locked out, or effectively s
Isolated by other wens 10 pivenl it
development of dangerous e'u contanination
try or engulfment Not all laterals to wen or
storm drains require blocking However,
where experience or knowledge of Industrial
tential
f$con iaiel tamlmtfon of shoIs a t engu3 neble itt Into
an occupied sewer. then all affected laterals
shell be blocked. U blocking andlce Isolation
requires entry into the space the provisions
ed for entry Into a permit • required rnaflned
space must be implemented
Surveillance The surrounding acn +ball be
surveyed to avoid beaards such as�efttLing
vapors from the tanks. P P
hig. or Testing. The atmosphere within the $pace
will be tested to determine whether
f dangerous air eontamlmtion andlor oxygen
e deficiency exists. An alarm only type gas
monitor may be used. Testing s all be
performed by the LEAD WORKER who has
ruccsssfully completed the Gas Detector
P*ognm I trial Ding for the monitor he will use.This
mbnimurcpiernmBien to be monitored are
Example 1. oxygen defile cy. Mud hydrogen
µ'orkplaa. Sewer entry. sulfide concentrations• A written record of the
Potential hasards The employees could be pie -entry test results shall be made and kept
exposed m the following: at the work site for the duration of the fob. -
Engulfinent The su�ace will certify In writing. based
upon e resulta of the pre -entry testing, that
Persona of logic gates. Equal m morethanall hazards have beet almiinutsd Affected
10 ppm hydrogen sulfide. lithe pmence of employees shell be able to review the letting
other toxic mmtemlnints Is euspedsd. results- The most baardous conditions +Dell
!peciGc monitoring programs will be govern when work Is being performed to two
Presence of erpfoeive/flfmmeible gases. Equal Eny, Procedures If than are no non -
to or reamie t then 10% of the lows suncepbaiic beards prexof and U the pre•
flammable linill (LPL)- entry tuts show these L no dangerous air
Qsyjen Arfidenry. A conantntion of eontaminatlon and/or oxygen de5dency
oxygen In the atmosphere equal to Cr less within the span and then is no reason to
than 19.5% by vohima. bellele that any la ilk sly to dove , entry
A- Entry Without hraiUAtluudant Into and work within may
Certification. Confined spaces may be CanUouous terting Jibe atmcephen in the
eatued without the Deed fm a written permit - immediate vicinity of the wmkcn within the
or attendant pearl dad that lithe space la space shell b rccompllsbed 7'hs workmt
•
determined not to be a permit required will Immediately leave the permit space
confined spec, ea 2.) the apace an be when any of the gas monitor alarm sal points
Si
I
seacbed as defined Worksn will cot
m 10 the area until a SUnsV WR who
completed the gas deluctw tninlog Dace
d a direct leading gu detector to evaluate
situation and has determined that It It
to enter.
cue. Arrangemeols tot rescut services an
required where thorn Is no snood of See
rescue portion of section B.. below. time
tructions regarding rescue plamning when
entry permit Is required.
EntryPermit Required
emits. Confined Spam Entry Parmlt. AU
paces shall be considered permit•requised
refined spaces until the preenby
ro xdurn demonstrate otherwise. Any
mployee requited or permitted to pre -check
inlet a permlt•rtqutnd coofioed space
all have sueaeufully completed, eta
unimmo, the training as required by the
Mowing sections of these procedures. A
erritren copy of operating and rescue
rocedures as requited by these procedures
hall be at the work life for the duration of
the job. The Confined Spam Entry Pesmlt
ust be completed before approval an be
veil to enter a permiltequlred confined
flit permit verifies completion of
ems listed below. This permit shell be kept
the job site for the duration of the lob -if
circrnstmces Cause an lotenupdom In the
work as change in the alarm conditions for
which entry was approved, a new Confined
Spaa.Eotry Permit must be completed
Conuof of ounotpheric and engulfment
Surveillance. The surrounding tree shall be
surveyed to avoid hazards suck, as drifting
vapors from tanks. piping or sewen. • .
Testing. The confined space atmosphere chill
be tested to determine wbetbm dangerous air
coMa ninstion and/or oxygemnadeficiency be
Cattle. A direct read gu mealtot shall by the
used. Testing Pe
SUPERVISOR who bas snmetsfully
completed the gas detector baiting for the
anonilm be will use. The mlnlmum
parametan to be monitored are uxy ern
defcency- LF% and hydrogen sulfide
concentration. A written record of the pie -
entry lest results shall be made and kept at
the work site for the duration of the
Affected employees ►hall be able to review
the testing results. The most Lardous
conditions shall govern when work Is Ling
performed in two adjoining. coonected
apices
Spam VenLootion. Mecbanid ventilation
systems, when applicable. shall be ad at
100% outside air. When possible, open
additional manhole to mouse air
circulation. Use portable blown to augment
natural orculalion If needed After a suitable
ventilating period, $peat Ibis testing Entry
may not begin until testing has demonstrated
that the baardous atmosp en has been
eliminated -
inDvyy Procedures. The following procedure
chill -be observed undo any of the following
conditions: l.) Testing demonstrates the
. existence of dangerous or deden(
conditions and d
reduce ca,antratbm to ate levelr 2 The
atmosphere tests as safe but smsa%
4558 Federal Regldn I Vol. 58, No. 9 1 Thursday, January 14, 1993 / Rtt1e1 and Rrsuleflona '
cond isms can tsasooably be np.c:ad to
develop; 3.1 Is hoot feuible to provide fox in
reedy salt from spare& equipped with I.
automatic fun $uppprmatmsystems Lad Ills
not proctial or soh to deartinte such 01
systems; or t.) An emergency exists and n Is
not feuibis to wait for pnentry procedures
to take effect.
Al! personnel must be trained. A self
contained breathing apparatus sbat be worn b
by any person entering the space. At least
one worker shall stand by the outside alibi
space ready to give essistancs In use of
emerge wy. The standby worker shill bans
self rnotaind breathing sppantm available
for immediate use. There shalt be at Inst one
additional worker within sight oral,' of the
standby works. Continuous powered
communiotiots shell be maintained
between the worker within the coofmd
space and standby personnel.
If K any time then is any questionable
action or coo- movemrot by the warier
Inside. initial check will be mode. Uthen
is r response. the worker will be moved
inrmw'ineiy. Exreytion: If the wo:kat is
disabled due b felling a impa&kr'sba
shall not be removed from the each d space
voless there is immediate danger to his/her
life. Local fin department rescue peaaosl
shef be notified immediately. The standby
workee may only enter the confined spas in
case of an emergency tw sting the self
contained breath ing apparatus).and m1y after
being relieved by another worker S bty ball
or bareess with attached lifeline Mall be
used by alt workers entering the space with
the free end of the line secured outside the
entry Opening. The standby worker shelf
attempt te remove a disabled waist visbis
lifeline before entering the spew.
Whoa indiaL these spins shelf be
entered thzwa side openov nice wits
3 112 ket flat m) d the baron When entry
mss! be an agh a by npeniag. tha safety bet:
shall bed the lianas type St smpaadaa
parson uptight and a hoisting deeiz cc
simau eppinntus Sun be available firs
worksn out d the space
In .n'y sitnt3ioe where Ibelrua may
endanger the wrksr•use of a krisirg &eio
or safety ball and attatbed ltfaiic zay bar
disco2basusi
N'ben d.ngeroos air ®lemkmtira Is
itbibva to 8.mme),.ed/a a>plaain
substa>ns. Ngbtdng and electrical egolpmed
shalt be flan 1. ftvisim I rated pet Nati®l
Electrical Code and m___ saturants shah
be introduced into the ens.
Cora mans gls moaltariag shad la
pedo®ed dmiagal maflaed
operatfoas,uahtmrmditioasc
ad vcsel , entry penrtooel shall asst tie
caSowd ap.o and a nw coatbd tea.
punts Issaed.
Ream Call Ma En drpatm taa+1 _sloe
4- -.. tMLers Inawdters baffids to I4.
peesoml an peseeOt. traeim at tie sir
shell implement emergency ptocedmsa to fl
the sitaatloa
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._4t rj,
t.
. . ....
..
..
is,#±iI
tulip'
4
III
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. . ... . • . .I ..._r .. .. • . . I. !1[T.
.....
. ...
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U Jtt • :*. . . . ujf .L}11 .1 •j
1 I
flit 4.sitii.
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• I •tl I 4.1't't .11
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. 1k' •'•r
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Inches (1016 sal d all wsldlag or torch
rung operations. and props natiaion ass
the pnlerrodcontrob. All welding and
ruttqapetetfnns shall be done In
seoe with the ngsbemeas dr9 OR
Put 1910. Subpar Q 060HAN welding
rbMde Roper osotlletloe maybe achieved
y local exhaust notilation. or the use at
poasbie ventilation has. a a combinstloa of
the two pnctfom
Elecnicalshock. Electrial equipment wad
In 000knr/deyen shall be In serviceable
condition.
Slipp and fall. Rcove re& idusf grease
be fan entering eookat/dryal.
Atleedoaa The rupenisor shall be the
attendant for employer entering canker/
dryers.
Pasant. The per dell rpeciy how
Isobti® Mall be does sad any ot.Cn
preparations needed betas making entry.
This is especally kmpr:taat la pea d
arrangements d cookerldrye:s so that the
entire operation Deed not be shirt down to
allow sale retry into o e unit.
flescee. When necessary. the stnadanl sba l
oil the fin deportment as pcevia sly
rranged.
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Entry Permit" will be Iuued In a I month
period to cover those production woe, when
tanks are fabricated w the point that entry
and exit are made wing manholes.
Authorirotion. Only the area supervisor may
authorize an employee to eater a tank within
the permit area. The arse supervisor mutt
determine that conditions to the tank troller,
dry bulk trailer or truck sic meet permit
requirements before authorizing entry.
Attendant The area supervisor shall
designate an employee to maintain
communication by employe specified means
with employees working in teaks to saws
their safety. The attendant may not enter any
permit entry confined space to rescue an
entrant or for any other mason. unless
authorized by the rescue procedure and. and
men then. only after calling the rescue teem
and being relieved byes attendant by another
worker.
Communications and obsercation.
Cornmunicetions between attandant and
entrant(s) shall be maintained throughout
entry. Methods of communication that may
be specified by the permit lhclude voice.
voice powered radio, tapping or rapping
coda on tank walls, signdlingngu on a
rope, and the attendant's observation that
wort ocuvttlas such u chipping, grinding,
welding. spraying, etc. which require
detihente operator control continue
normally. These ectivltles often generals so
much noise that the necessary hearing
protection maim communication by voice
difficult.
Rescue procedures. Acceptable news
procedures include entry by a leambf
employee -ratan, use of public emergency
seniors. and procedures for broaching the
tans The sere permit specifies which
procedures an aysllable. but the ant
supenrism makes the Anal decision based on
eircumManaa (Certain la)trts may make it
necessary to breach the tank to removes
person rather then risk additional injury by
removal ehrovr) an existing manhole.
However, the rope,vism must ensure that no
breaching procedure used for rescue would
violate Sinn of the entry permit Pa
instance, if the tank must be breeched by
tutting with a torch. the tank surfaces tobe
cut must be free of volatile or combustible
ooetlogs within 4 Inches (10.16 cm) of the
curling Ilse and the atmospbere within the
tank must be below the LPL
Retneval lure and hmmesses. The retrieval
lines and bemuse, generafuy required under
this standard an usually impractical for use
is tanks because the Internal confgunUon of
the tanks and their interior Dares and other
structures would prevent rescuers from
hauling out tafured enbents. However.
uelea the rescue procedure calls for
breaching the tank for rescue, the rescue team
shell be trained in the use of retrieval lines
and harnesses for removing injured
employees tbrouab manholes.
B. Repair or service of 'ured" tanks and bulk
butlers.
Sources of hazards. In addition to facing the
potential hazards sncvuntsred in fabrication
m manufacturing.1nb a tillers which
have been in struts may contain residues of
dangerous materials. whether left over from
the transportation of hazardous carpe or
generated b chemical or bederia) adloa on
residue, of non -hazardous cargoes
Control of oanospheric hazards. A'used"
tank shall be brought Into t-ea,ben tank
entry Is authorized only after the tank has
been emptied, cleansed (without employee
entry) of any residues, and purged of any
potential atmospheric haards.
Welding. In addition to tank Cleaning for
control of atmospheric hazards. costing and
surf ace materials shall be removed 4 Inches
(10.16 cm) at man from any surface area
where welding or other With work will be
dote and an taken that the atmosphere
within the tank remains well below the IFL
(Follow the requirements of 29 (}T 1910.
Subpart Q. OSHA's welding staadard. at all
times.)
permits. An entry permit valid fer up to I
feu shall be Issued prior to authcaisation of
entry Into used tank tillers, dry bulk trailers
or trucks. In addition to the precaty
Cleaning requirement, this permit shell
require the employee safeguards specified for
stow tank fabrication or mnstrucyon permit
areas.
Authorization Only the area suprnisor may
_authorize an employee to enter a tank troller,
dry bulk taller or bud within the permit
area The area supervisor now determine
that the entry permit requirements have been
met before authorizing entry.
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4560 Fedcral Register / Vol. 58, No. 9 / Thursday. January• 14, 1993 / Rules and Regulations I
Appredia D 10 17970.146 ---SU Plc
Pcrmilc
Appendix D - IA Sewer Entry Permit
Confined Space Pre -Entry Check List
See Safety Procedure.
A confined space either is entered through an opening other than a
door (such as manhole or side port) or requires the use of a ladder
or rungs to reach the working level and test results are
satisfactory. This check list must be filled out whenever the job
site neets this criteria.
Yes No
1. Did your survey of the surrcunding area show it to ( ) (
be free of hazards such as drifting vapors from
tanks, piping or sewers?
2. Does your knowledge of industrial or other ( ) l )
discharges indicate this area is likely to regain
free of dangerous air contaminants while occupied?
3. Are you certified in operation of the gas monitor ( ) (
•to be used?
4. Has a gas monitor functional test (Bump Test) been .( ) ( )
performed this shift on the gas monitor to be used?
5. Did you test the atmosphere of the confined space ( ) ( )
prior to entry?
6. Did the atmosphere check as acceptable (no alarms ( ) ( 1
given)?
I-
1. Will the atmosphere be continuously monitored while ( ) ( ) ,
the space is occupied?
Contact County Centrex for personnel rescue by local fire
department in the event of an emergency. If on -site at the
Regional Treatment Plant, contact the Plant Control Center (PCC).
Notice: If any of the above questions are answered no' do not
enter. Contact your.ir7s77ediate supervisor.
Job
Location
LEAD MAN Date
signature
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A pprrd u tic g 19 a.14a_Se+1W Syatsm
Entry
law er entry diflen In three vital respects
from. otter permit entries. Ent. there rani)
r assts any way to completely Isolate the
space is section of a continuous qslem) to
be extend. second. because Isolation H Sot
complete. the alhnorpbtre may suddenly and
unpredictably become lethally banrdout
(bait, flammable or explosive) from causes
boyood the control of the sotant or
employer. and third, experienced sewer
worken an especially knowledgrable to
entry and work in their permit spaces
because of their frequent entries. Unlike
other employments wbers permit spec entry
is a lens and exceptional event sews?
worktn`ususl work environment is a permit
space.
(t) Adherence to procedure. The employer
should designate as entrants only employers
who are thoroughly trained in the employer's
sewer entry procedures and wbo demonstrate
that they follow these entry pracedures
exactly as prescribed wben performing sewer
entrap.
(2) Atmospheric monitoring Entrants
sbould be trained in the use of. and be
equipped with. etmospberlc monitoring
.qulpmnt wbtcb sounds an audible alum,
to a dldob to Its viral readout, wbenenr
one of the following conditions Is
encountered oxygen maeeot:atloo lass than
195 perceat.. flammable ys a vapor at 10
percent or man of he lower
flammable limit
(LPL); a bydraon org
monoxide at or above their FEL (10 ppm or
60 ppm. teepectivelyl; or. Ifs broad sage
sensor device bused, .1 100 ppmu
b uena.
ebarecterirad by its nrponu
Normally, the oxygen sehuortbroed range
tensor Instrument is best suited
for sewer
enby. However. substance spedfie dews
abadd be used whenever actual
contaminants have been Identified. The
Instrument should be carried and used by the
entrant to power line work to monitor the
otmospbere in the entrant's environment' and
In advance of the eotnnt' direction of
movement, to warn the entrant of any
deterioration In stmospberic auditions
Whom several entrants en worklog tosether
In the same Immediate loati
ftnvnedsatl Iton,
on$ b
instrument. used by the lead
acceptable.
12) Surge flow and flooding Sewer crews
should develop and maintain liaison. to the
sxtect possible. with the local weather
bureau and fin and emergency etevicas In
their was sothat power work maybe delayed
or Interrupted andantraata wltbdnwo
wbrnever power lino mlgbi be suddenly
podded by nib a fin st:ppresaion activities,
or whenever eammeble or other barardous
material an released Into $$wen dudq
emergencies by Industrial or trampornatdon
accidents,
(4) Special Equipment Entry Into large
bore eswets may require the use of $Pedal
equipment. Such equipment might include
such item$ as atmosphere monitoring devices
with automatic audible alarms. rape self-
contained breathing appuatut (ESQAI with
at least 10 minute air supply (or other NOSH
approved selbrescuer), and waterproof
(hsbllgbts. and may also Include boots and
nits. radios and rope standoffs hr pulling
around bends and Camera as beaded
ly g Doc. 92-531 filed 1-13-1991. en aml
fl pso woe are-a-
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D1-6 MEASUREMENT AND PAYMENT
A. General
' The Contract price shall cover all Work required by the
Contract Documents. All costs in connection with the proper
and successful completion of the Work, including furnishing
all materials, equipment, supplies, and appurtenances;
providing all equipment and tools; and performing all
necessary labor and supervision to fully complete the Work,
shall be included in the unit and lump sum prices bid. All
Work not specifically set forth as a pay item in the
Agreement shall be considered a subsidiary obligation of
Contractor and all costs in connection therewith shall be
included in the Contract prices.
1. Estimated Quantities
' Quantities stipulated in the Bid Form or Contract
Documents are approximate and are to be used only (a) as
' a basis for estimating the probable cost of the Work and
(b) for the purpose of comparing the bids submitted for
the Work. The actual amounts of work done and materials
furnished under unit price items may differ from the
estimated quantities. The basis of payment for work and
materials will be the actual amount of work done and
materials furnished. Contractor agrees that he will
make no claim for damages, anticipated profits, or
otherwise on account of any difference between the
amounts of work actually performed and materials
actually furnished and the estimated amounts therefore.
2. Measurements and Payments
Payments will be made in accordance with the General
Conditions for actual quantities constructed or
installed in accordance with the Contract Documents, be
they more or less than the listed quantities; said
quantities being measured as hereinafter specified.
3. Items Not Listed In Contract
There shall be no measurement or separate payment for
any items not listed in the Contract and all costs
pertaining thereto shall be included in the contract
unit prices for other items listed.
END OF SECTION D1-6
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City of Fayetteville
D1 -6(l) Sewer System Improvements
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D1-7 MANHOLE TESTING
IA. General
1. Scope
This section describes manhole testing to effectively
' confirm the watertight integrity of new manholes.
2. Description
a. Infiltration may be observed in manhole defects at
manhole walls, pipe seals or bench/trough areas.
Infiltration related repairs are intended to
I
eliminate leakage of groundwater into manholes.
b. Inflow may be observed in manhole defects at manhole
frames, covers, frame seals, grade adjustments,
grade adjustment seals, corbels, or walls. Inflow
related repairs are intended to eliminate sources of
surface water entry that become active during
rainfall events.
3. Testing, Observations and Guarantee Period
a. The testing required shall be performed by the
Contractor at locations designated by the Engineer
and documented to the satisfaction of the Engineer.
b. Any new manholes that are observed to be leaking by
the Engineer shall be repaired by the Contractor and
'retested.
B. Materials
Not specified.
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I D1-7(1) City of Fayetteville
Sewer System Improvements
1
C. Execution
1. Infiltration Testing
a. All new manholes shall be vacuum tested by the
Contractor in the presence of the Engineer for
sources of infiltration. Testing will be made
during high groundwater conditions, wherever
possible. All testing shall be performed in the
presence of the Engineer.
b. Manholes shall be tested after installation with all
connections (existing and/or proposed) in place.
Drop -connections and gas sealing connections shall
be installed prior to testing. The lines entering
the manhole shall be temporally plugged with the
plugs braced to prevent them from being drawn into
the manhole. The plugs shall be installed in the
lines beyond drop -connections, gas sealing
connections, etc. The test head shall be placed
inside the frame at the top of the manhole and
inflated in accordance with the manufacturer's
recommendations. A vacuum of 10 inches of mercury
shall be drawn, and the vacuum pump will be turned
off. With the valve closed, the level of vacuum
shall be read after the required test time. If the
drop in the level is less than 1 -inch of mercury
(final vacuum greater than 9 inches of mercury), the
manhole will have passed the vacuum test. After a
successful test, the temporary plugs will be
removed. The required test time is determined from
Table I.
Table I
MINIMUM TIME REQUIRED FOR A VACUUM DROP
OF 1" X (10"H - 9"H) (MIN:SEC)
HEIGHT OF M.H.
(DEPTH IN FT.)
48" M.N.
60" M.H.
72" M.H.
0 - 20'
:40
:50
1:00
22'
:44
:55
1:06
24'
:48
1:00
1:12
26'
:52
1:05
1:18
28'
:56
1:10
1:24
30'
1:00
1:15
1:30
ADDITIONAL 2'
DEPTHS -ADD
FOR EACH 2
:04'
:05
:06
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City of Fayetteville D1-7(2)
Sewer System Improvements
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' c. Manhole vacuum levels observed to drop greater than
1 -inch of mercury (Final vacuum less than 9 inches
of mercury) will have failed the test and will
• require additional rehabilitation. The Contractor
shall make the necessary repairs at no additional
compensation. The manhole shall then be retested as
1 described above until a successful test is made.
2. Inflow Testing
a. All new manholes and manholes where new pipe
connections are made shall be dyed water tested.
Manholes shall be dye water tested in the presence
of the Engineer. The dye test shall consist of
applying a concentrated dye solution around the
manhole frame. Dyed water shall be applied for at
1 least ten minutes.
b. Manholes observed to be actively leaking will have
failed the test and will not be acceptable.
' Manholes failing the test will be repaired by the
Contractor at no additional compensation. The
Contractor shall be responsible for only those work
items completed by the Contractor. The manhole
shall then be retested as described above until a
successful test is made.
D. Measurement and Payment
' No contract unit prices are established for manhole testing.
However, specific sections of the Contract Documents
' indicate that certain percentages of various contract prices
will not be eligible for payment unless testing has been
performed.
1
END OF SECTION D1-7
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D1-7(3) City of Fayetteville
Sewer System Improvements
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ID1-8 SANITARY SEWER REPAIR TESTING
IA. General
1. Scope
This section describes sewer repair testing required to
effectively confirm the watertight integrity of sewer
lines following sanitary sewer repairs.
2. Description
All repaired sewers shall be tested by the Contractor to
1 determine if infiltration and inflow have been eliminated
through rehabilitation work. The testing required shall
be as designated by the Engineer and documented to the
satisfaction of the Engineer.
Internal television inspection during high groundwater
conditions shall be performed on all repaired sewer line
segments, after backfilling has been completed, to verify
the adequacy of the sewer pipe rehabilitation work.
Cleaning and internal television inspection of sanitary
sewers shall be performed in accordance with
Section D2-15 of the Specifications.
B. Materials
' Not specified.
C. Execution
1
1. Sewers with selected sewer repairs shall be internally
' televised with a color camera while jetting the backfill
to simulate high groundwater conditions to determine the
adequacy of each repair. In areas where the repaired
sanitary sewer section crosses an existing storm drain or
ditch, dyed water flooding of the storm drain (using
suitably sized pneumatic or mechanical pipeline plugs) or
ditch section shall be required along with concurrent
' internal televising of the sanitary line segment. The
downstream sanitary manhole shall be checked for evidence
of dye in the sanitary manhole. If dye does not
immediately appear, a period of one hour shall elapse
before internal television inspection is performed. The
test shall be performed in the presence of the Engineer.
VHS video tapes of the entire sewer line segment shall be
provided to the Engineer.
I D1-8(1) City of Fayetteville
Sewer System Improvements
2. Acceptable Limitations for Acceptance 1
The following observations shall be utilized to determine
if repairs are inadequate or improper. 1
1) Leaking Joints greater than one (1) drip per five (5)
seconds.
2) Offset or misaligned joints greater than 1/4 -inch
3) Cracked or broken pipe
4) Poor grade
5) Any other defects determined unsafe or hazardous by
the Engineer
4. VHS video tapes shall become the property of the Owner
following completion of construction. If the repair of
the defect is determined to be improper or inadequate by
the Engineer the Contractor shall again repair the defect
at no additional compensation.
D. Measurement and Payment 1
No Contract Prices are established for Sanitary Sewer Repair
Testing. However, specific sections of the Contract
Documents indicate that certain percentages of various
Contract prices will not be eligible for payment unless
testing has been performed.
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END OF SECTION D1-8
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City of Fayetteville Dl -8(2)
Sewer System Improvements
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' D1-9 SANITARY SEWER CONSTRUCTION TESTING
IA. General
1 1. Scope
This Section governs the furnishing of all labor,
equipment, tools and materials, for the performance of
acceptance tests.
2. Description
The Contractor shall furnish all materials, water,
equipment, labor and reports for the required tests.
'
All pipelines, including repaired building service lines
shall undergo and pass tests to determine the soundness
and workmanship regarding alignment, grade,
' infiltration, exfiltration and/or pressure. Pipelines
which do not conform to the project requirements shall
be repaired and/or replaced along with all appurtenant
work necessary to complete the entire work according to
the Contract Documents at no additional cost to the
Owner and shall be retested until the pipeline is of a
condition meeting the project requirements. Results of
' each test shall be recorded by the Contractor in a neat,
professional manner and three (3) copies shall he
submitted to the Engineer. Test shall be performed
' after backfill and compaction operation has been
completed and in the presence of the Engineer.
Testing for acceptability of the sanitary sewers shall
be conducted by:
a. Internal Inspection
B. Infiltration Test
• c. Low Pressure Air Test (Exfiltration)
d. Deflection Test
' At a minimum either the low pressure air test or the
infiltration test, in addition to internal inspection,
shall be required for acceptance of the sanitary sewers.
' Deflection testing shall be required for
polyvinylchloride pipe. Where the new sewer constructed
replaces an existing sewer with active service
connections, only internal inspection during high
groundwater conditions shall be required. The Engineer
may require individual joints to be pressure tested. If
all joint test results conform to the specified leakage
then the cost of the test will be paid for by the Owner.
If any joint test results do not conform to specified
leakage, then the cost of the test and repairs required
Ito properly install the pipe will be paid for by the
Contractor and at no additional cost to the Owner.
D1-9(1) City of Fayetteville
Sewer System improvements
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Replacement sewers and service laterals that parallel or I
cross storm drains or ditch sections shall also be
tested in accordance with Section D1 -8.C.1 to determine
that inflow has been eliminated from the sewer system. I
Materials
Not specified.
Execution I
1. Alignment and Grade I
Check alignment, grade and visible infiltration by ,
methods of visual internal inspection; and by television
inspection. Laser equipment is recommended to test the
pipe grade and alignment.
a. Visual Internal Inspection I.
1) Clean pipe of excess mortar, joint sealant and
other dirt and debris prior to inspection.
2) Inspect sewer by flashing a light between
manhole and/or by physical passage where space
permits. Determine from illumination and/or
physical inspection the presence of any
misaligned, displaced, or broken pipe and the
presence of visible infiltration or other
defects.
b. Internally inspect each line segment utilizing a I
closed circuit color television camera in the
presence of the Engineer. In addition, provide a
video tape of the sewer line to the Engineer with
tapes to become the property of the Owner following
completion of testing.
c. If pipe sags or uneven flowlines are observed, the I
Contractor shall repair or replace the defective
segment and. retest the segment.
2. Infiltration
Conduct infiltration tests on sewers before acceptance
by the Owner. For sewers with a diameter less than
twenty-four (24) inches, the infiltration-exfiltration
shall not exceed one hundred (100) gallons per day per
inch of nominal diameter per mile of sewer line for any
section of the system. For sewers with a diameter
twenty-four (24) inches or greater, infiltration-
exfiltration shall not exceed six thousand (6,000)
gallons per day per mile of pipe.
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City of Fayetteville D1-9(2)
Sewer System Improvements
LII
Install weirs or other suitable flowrate measuring
devices adequate to determine to the satisfaction of the
Engineer that the specified infiltration limit is not
' exceeded for the reach of gravity sewer where evidence
of infiltration is discovered. Where the specified
infiltration limit is exceeded, repair or replace the
' defective reach of pipeline. Following repair of
defective reaches of pipeline, remeasure infiltration
flowrates and make additional repairs until an
acceptable infiltration flowrate is achieved.
3. Low Pressure Air Testing of Gravity Systems
(Exfiltration)
a. Test manholes in accordance with Section D1-7.
b. Pipelines
Test each section of gravity pipeline between
manholes and/or structures after backfilling,
' separately with equipment and methods as outlined
below.
1) Contractor shall perform air tests for all pipe
sizes unless the pipe is of concrete
construction. Concrete pipe must pass a weir
' test.
2) Furnish facilities required including necessary
piping connections, test pumping equipment,
' pressure gauges, bulkheads, regulator to avoid
overpressurization, and miscellaneous items
required.
' a) The pipe plug for introducing air to the
sewer line shall be equipped with two taps.
One tap will be used to introduce air into
the line being tested through suitable
valves and fittings, so that the input air
may be regulated. The second tap will be
fitted with valves and fittings to accept a
pressure test gauge indicating internal
pressure in the sewer pipe. Additional
' valve and fitting will be incorporated on
the tap used to check internal pressure so
that a second test gauge may be attached to
the internal pressure tap. The pressure test
' gauge will also be used to indicate loss of
air pressure due to leaks in the sewer line.
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D1-9(3) City of Fayetteville
Sewer System Improvements
I
b) The pressure test gauge shall meet the I
following minimum specifications:
Size (diameter) 4-1/2 inches
Pressure Range 0-15 psi
Figure Intervals 1 psi Increments
Minor Subdivisions 0.05 psi
Pressure Tube Bourdon Tube or
diaphragm
Accuracy Plus or minus 0.25%
of maximum scale
reading
Dial White coated
aluminum
with black
lettering, 270
degree arc and
mirror edge
Pipe Connection Low male 1/2 inch
N.P.T.
Calibration data shall be supplied with all ,
pressure test gauges. Certification of
pressure test gauge will be required from
the gauge manufacturer. This certification
and calibration data shall be available to
the Engineer whenever air tests are ,
performed.
3)_ Test each reach of sewer pipe between manholes
after completion of the installation of pipe and
appurtenances and the backfill of sewer trench.
4) Plug ends of line and cap or plug all
connections to withstand internal pressure. One
of the plugs provided must have two taps for
connecting equipment. After connecting air
control equipment to the air hose, monitor air
pressure so that internal pressure does not
exceed 5.0 psig. After reaching 4.0 psig,
throttle the air supply to maintain between 4.0
and 3.5 psig for at least two (2) minutes in
order to allow equilibrium between air
temperature and pipe walls. During this time,
check plugs to detect any leakage. If plugs are.
found to leak, bleed off air, tighten plugs, and
again begin supplying air. After temperature
has stabilized, the pressure is allowed to
decrease to 3.5 psig. At 3.5 psig, begin timing �•
to determine the time required for pressure to
drop to 3.0 psig. If the time, in seconds, for
the air pressure to decrease from 3.5 psig to
3.0 psig is greater than that shown in the table
below, the -pipe shall be presumed free of '
defects.
City of Fayetteville D1-9(4)
Sewer System Improvements
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Pipe Required Time Minimum
Size per 100 LF Required Time
' 8" 76 sec. 227 sec.
10" 119 sec. 283 sec.
12" 171 sec. 340 sec.
15" 267 sec. 425 sec.
18" 384 sec. 510 sec.
21" 523 sec. 595 sec.
24" 684 sec. 680 sec.
' 27" 865 sec. 765 sec.
30" 1,068 sec. 851 sec.
33" 1,293 sec. 935 sec.
If air test fails to meet above requirements,
repeat test as necessary after leaks and defects
have been repaired. Prior to acceptance all
constructed sewer lines shall satisfactorily pass
the low pressure air test.
5) In areas where groundwater is known to exist,
install a one-half (1/2) inch diameter capped
pipe nipple, approximately ten (10) inches long,
through manhole wall on top of one of the sewer
lines entering the manhole. This shall be done
at the time the sewer line is installed.
Immediately prior to the performance of the line
' acceptance test, determine ground water level by
removing pipe cap, blowing air through pipe
nipple into the ground so as to clear it, and
then connecting a clear plastic tube to pipe
nipple. The hose shall be held vertical and a
measurement of height in feet of water shall be
taken after the water stops rising in this
' plastic tube. Divide the height in feet by 2.3
to establish the pounds of pressure that will be
added to all readings.
4. Deflection Test
Polyvinyl chloride pipe shall be tested for deflection
as outlined below:
a. 100 percent of the polyvinyl chloride sewers shall
be tested for deflection.
b. A five (5) percent "GO -NO-GO" Mandrel Deflection
Test shall be performed on all PVC, HDPE, and PVC
Composite gravity sanitary sewer pipe. These pipes
shall be mandreled with a rigid device sized to pass
five (5) percent or less deflection (or deformation)
' of the base inside diameter of the pipe. The
mandrel (GO -NO-GO) device shall be cylindrical in
shape and constructed with nine (9) or ten (10)
evenly spaced arms or prongs. The mandrel diameter
dimension "D" shall be equal to the inside diameter
D1-9(5) City of Fayetteville
Sewer System Improvements
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of the sanitary sewer. Allowances for pipe wall '
thickness, tolerances of ovality (from heat,
shipping, poor production, etc.) shall not be
deducted from the "D" dimension , but shall be
counted as part of the 5 percent deflection
allowance. As an example, the dimensions for the
mandrel shown in Figure 1-9.3 for ASTM D-3034 PVC
pipe shall be as listed in Table 1-9.2. Each pipe
material/type required to be Mandrel tested shall be
tested with a mandrel approved by the pipe
manufacturer and meeting the requirements of this
Section. The "D" mandrel dimension shall carry a
tolerance of ±0.01 inches.
The mandrel shall be hand pulled through all sewer ,
lines. The contact length (L) shall be measured
between points of contact on the mandrel arm. The
length shall not be less than as shown in
Table
1-9.2.
The
Contractor
shall provide proving
rings
to
check
the
mandrel.
Drawings of mandrels
with complete dimensions shall be furnished by the
Contractor upon request for each diameter and
specification of pipe.
c. Individual lines to be tested shall be so tested no ,
sooner than 30 days after they have been installed.
d. Wherever possible and practical, testing shall
initiate at the downstream lines and proceed towards
the upstream lines.
e. No pipe shall exceed a deflection of 5 percent.
f. Where deflection is found to be in excess of
5 percent of the original pipe diameter, contractor
shall excavate to the point of excess deflection and
carefully compact around the point where excess
deflection was found. The line shall then be
retested for deflection. If the deflected pipe
fails to return to the original size (inside
diameter) the line shall be replaced.
D. Measurement and Payment
No contract prices are established for Sanitary Sewer
Construction Testing.
END OF SECTION D1-9 1
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City of Fayetteville D1-9(6)
Sewer System Improvements
TABLE 1-9.2
(9 Arm Mandrel)
"D" DIMENSIONS FOR
ASTM D3034
SDR 35
For Deflection of
3% 5%
NOM. DIA.
L
(In.) (In.)
8
8
7.71 7.56
10
10
9.63 9.45
12
10
11.46 11.26
15
12
14.03 13.78
(10
Arm Mandrels)
"D"
DIMENSIONS FOR
ASTM D3034
SDR 35
For Deflection of
3% 5%
NOM. DIA.
L
(In.) (In.)
8
8
7.72 7.58
10
10
9.65 9.48
12
10
11.48 11.29
15
12
14.06 13.82
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D1-10 TRENCH SAFETY SYSTEM
General
1. Scope
This section describes the trench safety requirements
for construction of sanitary sewers and appurtenances in
accordance with the Contract Documents.
2. Description
The latest version of the U.S. Department of Labor,
Occupational Safety and Health Administration Standards,
29 CFR Part 1926, Subpart P -Excavations shall be the
minimum governing requirements for trench safety.
Trench Protection
Protect open cut trenches against collapse as required
by State or Federal Laws governing the protection of
life or property. Minimum protection shall conform to
the recommendations of the Occupational Safety and
Health Administration Standards (OSHA) for construction.
B. Materials
Not Specified.
C. Execution
The Contractor shall be required to submit a site specific
trench safety plan prepared, seal, signed, and dated by a
professional engineer registered in the State of Arkansas.
The trench safety plan shall specify the method or methods
of trench safety to be used with specific information given
for each so that it is clear what is required to meet
governing requirements for trench safety. The submittal of
the trench safety plan to the Owner and Engineer is for
information only. The submittal of the trench safety plan
in no way relieves the Contractor from his responsibility
for trench safety.
I D1-10(1) City of League City
Sewer System Improvements
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D. Measurement and Payment I
Payment for the trench safety system shall be at the
Contract unit price per linear foot of trench safety system
installed in sewer line trenches exceeding five feet in
depth. Trench depth is the vertical measurement from the
top of the existing ground to the bottom of the pipe or
structures. Payment will be made only when trench
excavations exceed a depth of five (5) feet and shall be
full compensation for any subsurface investigations
necessary for design, safety system design, labor, tools,
materials, equipment and incidentals necessary for the
installation and removal of trench safety systems.
END OF SECTION D1-10
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City of League City D1-10(2)
Sewer System Improvements
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Federal Register / Vol. 54. No. 209 J Tuesday, October 31, 1969 f Rues and Regulations 45959
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PART 1926—(ANENOED)
Subpart u- (Amended)
1. By revising the authority citation far
subpart M of part 1928 to read as
follows: ,
Autle rilyt Sac 107, Contract Work }!oars
and Salary Standards Act (Corutrucdoo
Safety Aetl 140 USC. 333h Sect 4.6.5.
Occupational Safety and Health Actor 1970
1U.S.C 617. a%& 65", Secretary of laboes
Order Na 1L71 (30 FR NM). 1-76(43 FR
23Os1, or S43 la FR 3373ej, u applicable.
and 11t LIE part tell.
L By revising subpart P of part 1920 to
read at fodowa'.
4tsbp+n.r _._d&..
S.'
1u76150 Scope. appll"doo. and def[oldoss
applicable to this subpart
1974651 C.osral r.quhammta
lom.aai Raquirtmanu for protactlra
systems
Appundis A to Subprt P —Salt OuIAcadee
App.odlx B so subpart P-8bplag amid
I aerMq
App.adlx C to Subpart P —Timber Sbodag
for TraorSee
Appendix D r subpart P—Absm1ama
Hydnube Sle.d.g fa '^• --
Appendlx S to suhpeal P—Mb.nadr.e be
Ttmr. Shed"
Appendix Tic Subpart P—selaciisa of
Poiadee syeaee
Subpart P—Eataratlons
Autho ryty Sec 1(O, Caohad Worker Home
and Safety Standards Act lConso cdn.
Safely Acij (40 USC. 333k Sc L 6 a
Occupeuaoal Safety tau! Health Act of 1Pr0
(w USC nazi. hat 057); Sea.taty of Latices
Order Na. 12-71136 PR W61). 6-70 (n,1 yR
2506l. S -A lie PR 3ar3eL, u applicable.
and I CPx pan sell.
F 19HASO scope, eppaoam. and
dot m ldone apparaeet to this auepet
(a) Scope and application This
aubparl applies to all open acavatioas
made in the earth's surfat; F.xcaw@ona
■re dented to include tnochsa
Ib) Definitions applicable to this
subporc
Acc.pted engineering practices meals
[hose requirements which an
compatible with siandenls of practice
required by a ngisterad professional
engineer.
Aluminum Hydrmulic.Fhoring miss ■
pre•engineered shonng system
compnied of aluminum hydraulic
cylinders (croesbraces) used in
conjunction with vertical rails (uprights)
or horizontal rail. (weleni. Such system
is designed, specifically to support the
aidewalla of so excavation and prevent
cave -ms.
Bell-bottom pier hole means a type of
shaft or footing excavation, the bottom
of which is made larger than the mats
section above to form a bailed shape
Benching (Benching system) means a
method of protecting employees from
cave -tea by axcavating the aides of an
excavation to farm one or a series of
horizontal levels or slept, usually with
vertical or near-vanlal surfaces
between level.
Cavan means the separation of a
mass of sod attack malarial from the
side of an excavation. or the toga of sod
from undo a,teach shield at support
system and Its sudden movement Into'
the excavation, either by fading or
sliding, in sufficient quantity so that It
could entrap, bury. or otherwise injure
and Imnmobilize a parson.
Competent person means one who Is
capable of Identifying existing and
pndletabl hazanls In the sureoundinga,
or working conditions which are
unsanitary. hazardous. or dang.raus to
employees. and who leas authortndm
to take prompt corrective meuuns to
sllrnlnata strain
Crass brans, mean the horizontal
mamben of a shoring system Installed
parpendlnda. to the sides of the
exdve bon, the ends of which bear
against either uprights or wain
£xcaradon means any man -wads cut.
Cavity. trench, or dspresduo In an earth
surface. formed by earth removal.
fads oraide mans the vertical or
Inclined earth siafaces formed as a
result of excavedoo work.
ioilun moue the breakage.
dlsplecement, or peraaneat deformation
of a somcc sal mawberor exronsctloo so
"to reduce Its srncncal tntelpiryead
iu suppunlve a:apab lldea
Hazardous atmosphere means an
atmosphere which by mason of being
explosive. dammeble. poisonous.
carro.lve, oxidl.Ing mils drag, oxygen
defldent, toxic w otherwise harmful,
may cause death. Illness. or Injury.
. Xlckous meal the ecddenal nlesse
or !allure of a sae brace.
Protective system moan. a method at
protecting empluysas hum cay.-Wt
ham matarlal that could fall or r,9 from
an excarenon fen, or into en
exavadon, or from the ooW p" of
adjac.ot atroeluree. Protective systems
include support systems. doping and
benching systems. shield systems, and
other system. that provide the
necessary pmtecdon.
Romp means an inclined walking or
working surface that to used to gain
access to ono paint from another. and Is
constructed from tanh or from
structural materials such as steel or
wood.
Regis fared Professional Engineer
means a parson who is registered as a
professlonalenginetr in the state where
the work Is to be performed. however, a
professional rnglneer. registered Li any
state is deemed to be a "registered
professional engineer" within the
meaning of this standard when
approving designs for "manufactured
protective.ystemi or "tabulated data"
to be used in intaratate commerce.
Sheetiog meant the mamben of a
shoring system that retain the earth in
position and In turn are supported by
other member, of the sbonng system.
Shield (Shield system) moons it
structure that Is able to withstand the
forces imposed on 11 by a ave-in and
thereby protect employees withal the
ttructun. Shields can be permanent
scrucluns or can be designed to be
portable and moved along as work
progresses. Additionally. sluatds can be
anther premanulacturnd or job -built in
acrordsncs with k 111mh12 (c)(3) or
(c)(4). Shields used In trenches an
usually referred to as "trench boxes" or
"trench shield,?
Shoring (Shoring system) means a
strucnue ouch as a metal hydraulic.
mechatilcal or timber shoring ay■Icm
that supports the sides of as excavation
and which Is designed to prevent cave -
Ina.
Sides. Said "Each
Sloping (Sloping system) mew a
method of protecting employees from
cave-ins by excavating to farm sides of
an excavation Uat are inclined away
from the excavation so as to prevent
Cave-ins Ths.angle of incina required to
prevant a cave-in van" with
differaoces In such factor, as the sod
type, envuonmeolal contbbos of
axposura and application of surcharge
loads.
Smb/s rock mains naturvl solid
'mineral material that can he excavated
with vertical sides and will remain
lnrsci while exposed. Unstable rock is
considered to be stable when the rock
maiontal on the side or side@ of the
excavation Is secured aganst cavuM-tn
or movement by rock bolts or by another
protective system that had been
designed by a registered professional
eitylnear.
£tnicrurol romp means a ramp built of
steai or woodusually used fur vehicle
access. Ramps made of sail or tuck are
not ennaidered .inicnuat ramps.
Support system means a structure
ouch as underpinning. bracing, or
shorluN, which provide■ support loan
adjuccnl structure, underground
I
960 Federal Register / Vol. 54. No. 209 / Tuesday. October 31. 1980 / Rules and Regulations
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Installation. or the sides of an
excavation.
Tabulated data means tables and
charts approved by a registered
professional engineer and used to design
and construct a protective system.
Trench (Frenrd excavation) means a
narrow escavatlon (in notion to Its
length) made below the surface of Ilia
ground. In general, the depth Is greater
than the width, but the width of a french
(measured at the bottom) Is not greater
than iS foot (4.6 m►. U forms or other
structures am Installed or constructed in
an excavation so as to reduce the
dimension measured from the forms or
aauctun 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 considered to be a
trench.
Trench box. See "Shield"
Trench shield. See "Shield."
Uprights means the vertical members
of a trench shoring system placed to
contact with the earth and usually
positioned so that individual members
do not contact each other. Uprights
placed so that individual members an
closely epacad. In contact with or
Interconnected to each other, an often
called "sheeting."
Wales means horizontal members'at a
shoring system placed parallel to the
excavation face who" aides bear
against the verdcai members of the
shoring system or earth.
g ta2aaal Qeswsl nqulrogneV L
(a) Surface encumbrances. All surface
encumbrances that are located so as to
agate a hazard to employees shall be
removed or supported, as necessary, to
eafiguerd dmpioyces.
(b) Underyround installations. (1) The
estimated location of utility
W tallatloma aurh as seerertelephone,
fuel electric. welt r lanes. or any other
underground installations that
reasonably may be expected to be
encountered during excavation work
shall be detarmrned prior to opening an
excava don.
(2) Utility companies or owners @ball
be contacted within established or
customary local response times, ad
of the proposed work and asked to
establish the location of the utility
underground installations prior to the
start of actual excavation. When utility
companies or owners cannot respond 1
a request to locale underground utility
Installations within 24 hours (tide.. a
longer period Is required by state or
local lawl, or cannot eltablish the exec
location of these installations. the
employer may proceed. provided the
employer does do with caution, and
provided detection equipment or other
acceptable means to locate utility
Installations are used.
(2) When excavation operations
approach the estimated location of
underground Installations, the exact
location of the instalations shall be
determined by sale and acceptable
mean.
(41 While the excavation Is open,
underground Installations shall be
protected. supported or removed as
necessary to safeguard employees.
(c) Access and egress (II Structural
romps. (I) Structural ramps that an used
solely by employees a a means of
access or egre" from excavations shall
be designed by a competent person.
Structural ramps used for access or
ogre" of equipment shall be designed
by a competent person qualified In
structural design, and shall be
constructed in accordance with the
design.
(U) Ramps and runways constructed
of two or more ecnsctunt members shall•
have the aructunl members connected
together to prevent dieplecement
(Ili) Structural members used for
runways ramps and shall be of uniform
thirknass.
(lv) Cleats or other appropriate means
ral
used to connect runway structu
mamben shall be attached to the bottom
of the runway or shall be attached In a
manna to prevent tripping.
(v) Saucttual ramp. "ad In lieu of
steps shall be provided with cleats or
other surface treatments on the top
audits to prevent slipping.
(2) Means of egress /nom trench
excavations. A stairway. ladder, ramp
or other said means of egress shall be
located in trench excavations that are 4
feet (132 ml or mom in depth so a to
require no mom 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 wish and shall
wear, warning vests or other suitable
garmeuts marked with or made of
reMctonsed or ldgh-visibility material.
• (e1 Exposure tofalling loads. No
employee shall be permitted undernea
loads handled by lifting or digging
vied equipment. Employees shall be required
to emend away tram any vehicle being
loaded or unloaded to avoid being
struck by any spillage or falling
materials. Oparston may remain In the
o cabs of vehicles being loaded or
unloaded when the vehicles are
equipped. In accordance with
1192u.otii(b)le). to provide adequate
t protection for the operator during
loading and unloading operations.
(f) Warning system for mobile
equipment When mobile equipment is
operated adjacent to an excavation, or
when such equipment is requited to
approach the edge of an excavation. and
the operator does not have a clear and
direct view of the edge of the
excavation. a warning system shall be
utilized such as barricades, hand or
mechanical signals, or stop logs. U
possible. the grade should be away from
the excavation.
(g) Hazardous atmospheres —(11
Testing and controls. In addition to the
requirements let forth In subparts 0 and
E of this pan (29 CFR 102@.50-1020.107)
harmful levels of
atmospheric contaminants and to inure
acceptable atmospheric conditions, the
following requirements shall apply:
(II When oxygen deficiency
(atmospheres containing lase than 19.5
percent oxygen) or a hazardous
atmosphere exists or could reusonably
be expected to exist. such as In
excavations In landfill areas or
excavations in areas where hazardous
es substancan stored nearby, the
atmosphere. In the excavation shall be
tested before employees enter
excavations greater than 4 feet (1.' m)
In depth.
fill Adequate precautions shall be
taken to prevent employee exposure to
atmospherei containing less than 19.5
percent oxygen and other hazardous
oua�sphere.. The.. precautions include
providing proper respiratory protection
or ventilation in accordance with
subparts D and E of this part
respectively.
(iii) Adequate precaution shall be
taken such as providing ventilation, to
prevent employee exposure to an
atmosphere containing a concentration
of a flammable gas in excess of 20
percent of the lower flammable limit of
the gas.
(iv) When controls are used that are
Intended to reduce the Intl of
atmospheric contaminants to acceptable
levels, testing shall be conducted as
often ee necessary to ensure that the
atmosphere remain. cafe.
(2) Emergency mscur equipment. (i)
tb Emergency mucus equipment. such a
breelhutg apparatus. a wfety harness
and line, or a basket auelcher, shall be
readily available where hazardous
sunospheric conditions exist or may
reasonably be expected to develop
dung work in an excavation. 11th■
equipment shall be .«ended when in
are.
(ii) Employees entering bell-bottom
piti holes, or other similar deep and
confined fooling excevuoons. shall wear
a harness with a life -line securely
atturhed to It. The lifeline shall be
separate from any line used to handle
materials. and shell he individually
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attended at all times while the employee
wearing the lifeline Is in the excavation.
(h) Protection from hazards
associated with water accumulation. (11
Employees shsU not work In
excavations In which thus is
Accumulated water, or to excavations In
which water is accumulating. unless
adequate precautions have bean taken
to protect employees against the
hazards posed by water accumulation.
The precautions necessary to protect
employees adequately very with each
situation. but could Include special
support or shield systems to protect
from cave-ins, water removal to control
the level of sccumulating water, or use
of a safety harness and Weline.
(2) If we tat Is controlled or prevented
from accumulating by the use of water
removal equipment. the water removal
equipment and operations shall be
monitored by a competent person to
ensue proper operation.
(3) If excavadon work Interrupts the
natural drainage of surface water (such
is streams), diversion ditches, dikes, or
other suitable means shall be used to
prevent surface water from entering the
excavation and to provide adequate
drainage of the area adjacent to the
excavation. Excavations subject to
runoff from heavy rain will require an
Inspection by a competent person and
compliance with paragraphs (h)(1) and
(h)(2J of this section.
(q Stability of adjacent structures. (1)
Where the stability of adjoining
budding.. walls, or other structures Is
endangered by axcav■Uan operations,
support systems such as shoving.
bracing. or underpinning shall be
provided to ensure the stability of much
structures for the protection of
employ....
(2) Excavation below the level of the
base or footing of any foundation or
ntalniag wall that could be reasonably
expected to pasts hazard to employees
shat) not be permitted except whom
(II A support system, such as
underpinning. Is provided to ensure the
safety of employees and the stability of
the structure; or
(11) The excavation to In stable sick or
(Iii) A regtetered professional engines
his approved the determination that the
etructun is .ufucenUy removed from the
excavation so as to be unaffected by the
excavation activity, or
(lvl A regt.uereid professional engineer
ham approved Lite darannin.Uoe that
such excavation work )vll not pose e
hazard to employee.
13) Sidewalks. pavements. and
appurtenant structure shall not be
undermined unless a support system or
another method of protection to
provided to protect employees from the
possible collapse of such structures.
UI Protection of employees from loose
rock orsoil. (1) Adequate protection
shall be provided to protect employees
from loose rock or soil that could pose a
hazard by falling or coding from an
excavation lire. Such protection shall
consist cleating to remove too&*
materialInstallation of protective
barricades at intervals as necessary on
the face to stop and consla falling
material; of other means that provide
equivalent protection.
(2) Employees shall be protected from
excavated or other materials or
equipment that could posse hazard by
falling or tolling Into excavation.
Protection shall be provided by plating
and keeping such materials or
equipment at least 2 feet [.dl ml from the
edge of excavations. or by the use of
retaining device. that an sufficient to
prevent materials or equipment from
falling or rolling Into excavations, or by
a combinaUon of both I( necessary.
(k) Inspections (1) Daily Inspections
ofexzavedon.. the adjacent area.. and
'protective systann shall be made by a
competent person fur evidence of a
situation that could result In possible
cave-ins. Indications of failure of
protective systems. hazardous
atmospheres. or other hazardous
conditions. An inspection shall be
conducted by the competent person
prior to the start of work and as needed
throughout the shift. Inspections shall
also be made after every rainstorm or
other board increasing occurrence.
These tnap.ctlons an only required
when employee exposure can be
reasonably anticipated. -.
(2) When the competent person finds
evidence of a situation that could result
In a possible cave-tn. Indications of
failure of protective systems. hazardous
amsospbens. or other hazardous
conditions, exposed employees shall be
removed from the hazardous sea mid
the necessary precautions have ben
taken to ensure their safety.
(1) fall protection. (1) Where
employees or equipment are required or
permitted to cross over excaveilon.,
walkways or bridges with standard
guardrada @hall be provided.
(2) Adequat. banter physical
protection shall be provided at all
remotely located excavations. Al] wells.
pit&. shaft@. etc.. shall be barricaded or
covered. Upon completion of
exploration and similar operalione.
temporary walls. pile. shafts, tic_ shall
be bucklilled.
1112aei2 Requkementa for protective
systems.
(a) Protection of employees in
excavatrans. (1) Each employee in an
excavation shall be protected from cave -
Ina by an adequate protective system
designed in accordance with paragraph
(b) or (c) of We section except when:
(1) Excavations am made entirely in
stable rock; or
(III Excavations are less than 5 feet
(1.32m) in depth and examination of the
ground by a competent person provides
no indication of a potential cave-in.
(2) Protective system. shall have the
capacity 10 resist without failure all
loads that are intended or could
reasonably be expected to be applied or
tranamitled 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
employer or his designee and shall be in
accordance with the requirements of
paragraph (bit]I; or. In the stemabve.
paragraph (b)II): or. in the alternative.
paragraph (b)t31. or. In the altemauve.
paragraph (b)(4). as follows:
(1) Option (1}—Allowobla
confiyurouons and slopes. (I)
Excavations shall be doped at an angle
not steeper than one and one-half
horuontel to one vertical (34 degrees
ma.urad from the bonsuntul). useless
the employer uses one of the edict
options listed below.
(UI Slopes speaftad In paragraph
(b)(1)(1) of this section. shall be
excavated to form configurations thst
are in accordance with the elopes shown
(or Type C sod in Appendix Duo this
subpart.
12) Option (2) —Determination of
slopes and configurations using
Appertdicaa A avid il. Maximum
allowable slopes. and allowable
configurations for sloping and benching
systems. shall be determined in
accordance with the conditions and
requirements set forth In appendices A
and B to this subpart
(3) Option (3) -Designs using other
tabulated data III Designs of sloping or
benching systems shall be selected iron
and be in accordance with tabulated
data. such as tables and chins.
(ii) The tabulated date shell be in
wniten form and .hall include ell of the
(otlawtnr
JAI Identification of the parameters
that affect the selection of a sloping or
benching system drawn from such date:
ID) Identification of the limits of use of
the data. to include the magnitude and
configuration or slopes determined to be
sale:
I
65962 Fodaral Register / Vol. 54, No. 200 ( Tuesday, October 31. 1900 I Rides and Regulations ,
(C) Explanatory information as may (ill Deviation from the spectficatione, damage or defects that might Impair
be necessary to aid the user to making a recommendations. and limitations their proper function
correct selection of a protective system issued or made by the manufacturer (2) Manufactured materials and
from the data. shall only be allowed after the equipment used for protective systems
(W)AI least area ropy of the tabulated manufatnuer tunes specific written shall be used and maintained in a
data which Identifies that registered appronL mannar that Is consistent with the '
professional rnginear who approved tturw
he full ManulacVs speciftcetions. recommendations of the manufacturer.
data, shall be maintained at the )obdls nwrnmeodatioos. and limitations. and and In a manner that will prevent
timing cooanualaa at the protective menufanur es approval to deviate from employee exposure to hazards.
system. After that time the data may be the apaeafcatlous. rcommsndaUoa& (3) When material or equipment that damage ,
stored off the lobelia, but a copy of the and lfndtsUom sitah be in written form Is used for protective %ysUms is
data shall be made available to the at the lob&ita during construction of the amad a competent ptrson %ball
Secretary upon request. protacdve system. After that time this dlama a the malarial or equipment and
(a) Option (+j— Duiyn by o rggiaterod data may be stored oil the lobster, but a sxsvnevaluate its suitability for continued use.
pmfesaioad enginwr. (I) Sloping and copy shall be made available to the It the competent person cannot asst
bearding aystaau not utilizing Option Secretary upon request the material or equipment is able to
(1) or Option (2) or Option (3) under (3) Option (3rDesign& using other su n the intended loads or is
paragraph (b) of this action shall be tabulated doto. (i) Designs of support otherwise suitable for sets we. then
approved by a registered prct.asioaA systwoa. shield systems. or other each malarial or equipment shall be
engineer. protective systems shall be selected such
from service, and shall be
(U) Designs than be to written form iron and be in accordance nth
and &hall include at least tbaiollowiny tabulated data, such as tables and evaluated and approved by a registered
(A) The magnitude of the slope* that charns professional enguiter before being
wen determined to be safe for the (it) The tabulated data shall be In returned to service.
particular project written tuna and include all of Use (a) installation and removal of
(B) The configurations that were followriryy support —(1l General. (I) Members of
determined to be safe for the particular (A)1deaUfir.tion of the parameters support systems shall be securely
project and that alect the selection of a protective connected together to prevent sliding. '
(Cl The Identity of the segisand system drawn from surd date: !ailing. kiekouta. or other predictable
pro(nsionat engineer appxovnta the (0) Identification of the limits of use of tailor..
design. the data. - (ii) Support systems shall be Installed
(ilil At leant and copy of the deign (C) Explanatory information ■s may and removed in a manner that protects
shall be malnaits.d at the jobaile whits be necessary to aid the user in making a employees from cave-ins, structural
the dope Is bang ranaetcted. All" that correct selection of a protective system collapses. or from being struck by
time the design need oat be at the from the dasa. • memhen of the support system.
job.te. but a copy shall be Made (iii) At later me copy of the tabulated tit individual members of support
available to ttr Ssa.ary upon request_ data. wklrh idendfiAs the registered f...1
(c) Design of support synams. alu'dd professional engiaem who approved the system* shall not be subjected to loads
systems. and other procearv. .proves date. .ball be maintained at the jobsie exceeding thuse which those members
Designs of support eystseua shield during construction of tie protsxdve were dr.:gn.d to withstand
systems. and other protective %yarns sy.tan. Allen that thus the data may be (iv) Before temporary removal of
shall be selected and constructed by the stored off the jobsita. but a copy of the individual members begins, additional
employer or his designee and shall be in data shall b. made availiWe to the preceubons shall be taken to ensure the
accordance with the requirements of Secatary upon request, safety of employees. such as initialling
paragraph (d11); or. in the alterative. - (4) Option (d)—Desgn bye rogistered other structuni members to wary the
pua apk k)(2at. in the alternative, profassiona/.ngineer. (I) Support loads imposed on the support system
pangn.ph (cU3or.in the ahiaradva. systems. shield systems, and other . (v) Rarnwal shall begin at, and
paratpaph (c)(4) es follows: protective'plu s not odlizing Option pr y from, the bottom of the
(I) Option (I)-Oasigns uafrrg 1.Opdm 2 m Option 3. shove. &hall be excavaUm Members shah be released
appendices A. Card A Designs lot approved by a registered professional slowly sou to note any indication of '
limber shoring In trenches shall be engineer.. possible failure of the nYoetning
determined to accordance with the (it) Designs shall be In written form members of the structure or possible
conditions and requirements tit lutth In and shah Include the following. cave-in of the sides of the excavation.
appendices A and C to Ibis subpart (A) A plan Indicating tie stag type&, ,
Designs for aluminum bydrau0eabor(ng and ootfiguratims of the aeteriala to be (vi) dare�ng shall progress together
shall be in accordance with pangnpb used In the protective system: and with the removal of support systaw
(c f 2) of this section. bat If (0) Tha Idmtty of the registered from atcavaaoas.
menul.ciuror's tabulated data cannot be professional ener gineapproving the (2) Additional requinmenb /or '
utilized, designs shall be In accordance design support systems for trench excavations.
with appendix D. (Iii) At least an. copy of the design (1) Excavation of material to a level no
121 Option 12)—Dnigmr Using shall be maintained at the jobsite during greater than 2 feet tat ml below the
Mwwfacttonr s Tabulated Data fi) construction of the proactive system bottom of the members of a suppnn
Design of support systems. shield Altar that unto the design may be system *hall be permitted. but only U the ,
systems, or other protective system. stored off the jobslte. but a copy of the system is designed to resist the tortes
that an drawn from manufacturer's design shall be made available to the cuin,laled fur the full depth of the
tabulated data .hall ba%n accordance Secretary upon request. wench. and there an no mdicsnons
with all speoheauuns, (d) Materials and equipment (1) while the trench is open of a possible '
recommendation.. and limitations Materials and equipment used for loss of &oil (rani behind or below the
issued or made by the manufacturer, protective systems shall be fret from bottom of the support system.
1
I. utions 459G3
rarler.l Asltr(eter If Vol. 54. No. 209 / Tuesday, October 91, 1089 Rules and ReSwd
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(Ill Installation of a support system
shall be closely coordinated with the
excavation of trenches.
In Sloping and benching iysums.
Employees shall not be permitted to
work on the taus of sloped or beached
sxcavatlom it levels above other
employees accept when employees at
the lower levels are adequately
protected from the hazard of falling.
roiling,
Shield sysisequipment.
ems -•-() Cameral (1)
Shield systems shall oat be subjected to
loads exceeding those which the system
was designed to wllhstand
(ill Shields shall be Installed In a
monster to restrict later*] or other
hazanlout movement of the shield in the
event of the appdcadoa of tudden
lateral loads.
(WJ Employees shall be protected
from the hazard of cave -ms when
entering or afdnng the areas protected
by shields.
(lv► Employs" shall not be allowed in
shields when shields an being installed.
removed or moved vsrticsAy.
121 Addivand mq uir.ment for shield
systems used in trench axcarouo+le
Excavadoa of earth maurtal to a level
not grater than 2 rest (-at ml below the
bottom of a shield ,hall he permitted.
but only U the shield is designed to
mitt the forces caictdatad for the full
depth of the nenrh end then in no
Indications while the trcreh is aped of ■
possible loss of sad from behind or
below bhm bottom of the &M.14
Appandlx A to Subpart P
Soil CJaslffmfiao
(a) Scan and opplimtim—(l) Scope. The
appendix describes a method d dauldCtai
sod and rock dspladt based m ale' tad
envboc mcis] a eliiI • eel m lW
auuclun and a podlwm d tW earth
deposits. The spp.adix amuUas datdllaoa,
Mks lath ngi tmmnis and d.aanbee
soupisul. visual sod manual seeks la ten
classifying soda
III Applimuua This appendix .pplW
whena atopug or bwddy ryslam Is
designed to armrdsaos with, the
t.yuIrs to ..t lath is 111O6be X11 r
method d protection fa omp2Oyw frm
cave-ins. This app "_ air sppnr when
Webs .Larug (a .ansndma is designed
a m.ahad of pwiactim boss a . dos In
acrardaoa with appendix C to rhea" P
pan iWA and when JomUuia kydr. "
boars I. drlpl.d In amtsilanaa "le'
appendl. a ma Appmdt. sea. applied If
"that proWVv. eye are d adened sad
Misoted Ia use hen data greeted to
a,sar1sace with the reaplllem.ere Far faith
I tmrnlael(cL n4 Use ued at the dots Is
predl"toil a the taw d the sod clsatRr
system MI IoM u this app.nfl;
Ibl D.lsnioone. fl.. ddlnluw and
eagles given below are based on. Is w
w In pen, U. following Aran". Society
I
Tatting Metarial& (ASTMI Standards D853-83
nod buses The Unified Sods Garb"Uon
8yelam Tile U9. Dapanmml of Agncldtun
flu N. nowt BureCau of Standards R port and
skean.
CSInC id rfl wo rst a and La wwchahml�
cb the
pardda are bald tog.tha by k such that ■
asstrt inch u celdum carbons
band.elxa aae.pla send be encashed Into
powder o Individual soil partcle' by foeer
Pre sewer Bag ined
Coheirs sail metal clay ( Re
soil► a sod with; hligh day mutant. which
boa Cohesive seeagth. Cohesive and data mt
auml.la sea be aarsysled with vertical
ssdosloyes. and Is plastic what moist dry.
Cohesive sod It bud to break up
,.it n ktbiu si�lgcsml mhe&ion when
sub 4. CmLoaln sUla tool tail. days tilt.
toads day, &illy day, day std Wawa uey.
Dry .ail are'* sod that du.. nut aahibll
visible stand d moisture couteraL
Fissured matt s sod matinadefinite I that se
of
tandeacy to break dory P
h*cnu. with Urds nn Wig enrletab acias tensiondal
dust exhibits open
szeria to at expo.d surfed vsL rod at silt.
(o au,nd pojose 1 Pod] with UIW a m dsy
emtant. tinnier and has m mhe&in
stregth. Soma moist grxoul.r wila nklblt
appar.ol mhedoi. G..uu{u wit rental be
molded when moist and aumblai easily
when dry.
Lay.ad mrm meow two a more
dlstucdy dJDaent soil a toot typed anaagml
m layer. /llrwass aa.ms a w.ekei.d
planes In itch a shale tae cumsldaed
r.
Moist Boil taw a midi dm to whltd a
sod toutp and i.ela damp. Muter mbrun
soil
tan ,tlly be shaped into a hall amt rolled
tow small dlemata tbnsda bile,. aunt
Maul gruul.r sod that ruutauu .amt
mhnln matnlsl will aabiblt stow d
mbe.Wn between pasnde'- s sod which
Piasuc means a prop.rry
.ti,.. the sod sob. dahr...d a molded
wntba.i a"Ckws a appreciable volume
soil Means a sell in whh3 the
voids m flied with warm. yantrd1oi duet
V rani ngWr. now. soh, sOa a oes'
sarwauaa I. tow .a+y to the Wope sod of
lau.awm soak sea p0c.ku ea.wm.m
&brier vet...
Sul ab"e'pardmr greum meat. to the
a pnrpre d Ibis tebpszi. a esaihod Of
Ca sail - n4 ioU deposits 1St
bia..yd b Loci. TYpe A. type B.
sad Type C la dsay..W asLLa d a"bWty.
The usl.ea4se tae d.tambwl bated on ass
a( analysts of the proportion and perlormanas
dtarr;taLLLu of the deposits sod the
wdvtsa>o.ndiW laedd.11"aa of piio.ea.f�
Synth reel awns salon' .olld mlaaal
mall.* gel onto be axraysred with v.nlaJ
list" mast I —In La tact while expo.eL
Is Sar/yd soar mauu rsL wWrd is
m udervvsl.I or Is free se.pin .
dm Type A away °"halve suds with en
mnginliaad comryn.elve etnnyth oils tan
poor squsn fool pelf (1N W'.l •err Faster.
boin yyapi.e of ajl,edv• solid an clay. silly
M clay, wady stay. City loam and• 'Si son..
urns. silly clay loam and sandy clay loam.
Camenwad toile such a cdtcbe and hefdpen
an also consldend Type A. llowavct. no soil
Is Type A it
Ill The soil Is graur.& or
(dl The add Is subject to bn�on Erato
bas vy traffic pile driving. on
St
(WI The soil has been prsvtuwly dlsiurbad.
or
(ivJ The soil Is part of s sloped.Isyrrxd
system whom the layers dip into the
excavation one slope of tutu hurvanlal la
one ionised (s}t'itl a rater, or
lv1 The mated) Is subject to other facto"
that would "run a Lila be dan,fted a s last
cable maksnd
7p. B
(I) Cohesive and with m than di of (te
d
iompr.salve eowoeth ens
heal but lose than 1.3 W 044 IY4 a
IllI Granular mheslunleM enad wJudtnr
mtgular gravel (simile' to awhsd roekL eiIL
allI loam, sandy loom and. to sums uses.
shy clay loam and sandy day loam
(ill) previously d1.iuru.d sods erupt those
which would odwrwlee be dead "Type C
soil
(tvi Sod that matt the .,pmrfmsd
aompnesln auenyth at catenate non
ntldnmwu to Type A. but is fl..ure'd o
subject w vibndou a
(vi Dry tuck theI u not .ublc a
ls'il Matartal that u pan 0l5 doped.
layered system when Us layers dip into the
o"vatlon cal slope logo sloop than loin
hurtsonui to and vanicel (altth. but only d
the maurW would otherwise be Jd Mi lied as
Type tL
T)pd C lactic
(t) Cuhanve sod with on munlfined
• mmpr.ealvs strength do! Is! (" kY. I or
1.15.0'
doe' (ill Gnnul.r wild Including grant sand
and homy sand or
(till Submeryed sod o soil from which
wale' Ii Irniy ...ping: ce
live Sahm.ryed rock that U "I stable. or
(VI Material Ins Jop..t layered lye 'till
wise. rd layers dip lam the .cuveuua oil
dope d lour horizontal to tae vW"h
(city V) a steeped. n aae'iYo mew
Uihmnfind camptiwu
the load per uyr area sl which a sod avld'oil
pg to a*iapnest..d It an be d.r.nsined by
• labantuy le.11oa or eathalad to Ust Geld
..Ing a pucker penetrometer. by shuub
p.naoeum use'. and other mdihuds.
Wet sod maths suit that mntaui.
significantly more mot.cun than most WILL
but m sack a range of valued thin cuh.sivs
mstartsj will aleu,p Or hoym to flow rhea
vltueled. Granubw rational that wuulu
ahlblt whodv. yop.rU. "ban mo'.t will
load then cohesive properdas when wed
fri meywnawsi l.'Htl CJuasglmuon afsoil
and rocs deposits. Each sod and rock dspuslr
.held' be classified by a oump.tanl person as
Stall Race Typ. A Type LLo TYM C In
aasd.n.> wit), the ddlndi.n. Mi lurch in
p.rugr. ph fill of this .pp•ndts.
121 earls of clrsalcaiun Tlw
du.dliell0a of the depo.lis dud be made
booed on the nodes of et toad mw visual and
at Ideal ins named auslyus. Such analysed
H
4596! Federal Register / Vol. 54 No. 209 / Tuesday, October 31. 1989 / Rules and Regulations '
shill be eaadueud by a competent panoa
mini oats described In paragraph (dl below.
a in other recognlaod matttoda of ail
classification and testing much as Ihusa
adopted by the America Society for Teasing
Materials, an the U.S. Department of
Apiculture taxtunl dardlcatloo system.
III V sm / and manual analyve. The visual
cad maims' .h•lysn, such as
Ae d stud as
bean aasptabig m prep v (d)
appendix. shall be designed sad conducted to
provide .afftcisot quantitative and
quslitadw information u may be aacen►ry
to dendh property the Wapeelin fame+.
sad coadlt ons .flccdx the claaaihcadoa of
the deposits.
(.1 fcytned syatrma In a legend tryalsa
the system shall be d.sIRed in .coadana
with its weakest layer. how..,.:. rich layer
may be e1assaa.4 u ainddosuy willing a mat'e
staple Isy. W. end. a'-- Stable I.,...
(sl Reeio.ifimrias U. atta daadlyml a
d.pn..L us popwa.. IW ar. sr Conditions
Siff.cdag to duataudm champ in say way.
the Chastise Shall be evaluated by s
compete pc The deposit shell be
nduub.d as o.o•.wy to ref." We
a.uged "roi.taoraa
(tit Acceptable niud and manual fat. —
(11 Visual seta V teual analysis Is andumd
o deterinlois q'-LlaUve olamaUoa
regarding the ...ca.a ace rte Is gamral, Ilia
toil adjacent to Ibs .auvaUac the sod
forming this tidy 4th. open saraysiotL sad
th. mail lakan as •-"plea from aauv.lsel
malari@L
(Q Observe sampin of Wit That an
a...vald and soil In the aids. of the
Decavation. Eaim.Ia the sags of particle
Dian and the is is live .mot"u of use panicle
sizes. Soil that Is pruoardy compowl of Iloi►
patmd material is Cheaive matut.l Sod
compaa.d primarily of seam--psoad sand
cr pawl U pond" materiaL
(it) Observe wit as It u aravated. Soil that
remains In clumps when nc.v.ted is
cab.uv.. Sod that breaks rp easily and does
ooh gray in dump 1. paanlu.
(ill) Observe the side al the opan.d
•xcay.um .rd th. $win an. .dl.c rat to
We ®wine, Qad-Ilhe opeump soh ae
Leta. asiia weed od,ot. IFm.ad
material. If titers'- d sod spell oil a vw•raml
Lida the mail mull be aaeur.d. S0. .pans
an ..thin of ..avbeg groud cad in
msUatluts Of potentially baanlow
ii has dais
flat Obn.s the "m .dleouu o the
excavation and the .¢e"Um itself for
.vedaon at aaa.uag swiry said -her
underground .aucumaa to tdeseto
pmulaJr dte..ubed —it
(•l Obr.n the eapea.4 @We of the
east.' . Ideality I.ywod •ysna.
Pa.ml. ley..d .y.aesse i tdawy U the
I.y.e Jape tmweit the a"wnalm. L
We drpv. d .Lap@ of the Is y.s.
(M) Otwaras the a. ear. —I o them
-..-v-a— as' the wiles at the Cpsrd
aauvar or evsl.. 5f adios wa.m.
astir ne.lA.g lap the ,id. of the
eae.r.sn. tae Its. tocaeas of the Isvel at
aster ebb.
(rill Utwrn that:.. adjacent to lbs
encave Ito. and the arse within the
aae.r.uua tae ..Mafia. W nbrstim that as
.uses the stability d the aauvattw feu
(2) Manual tests. Masud analysia of soil granular material To distinguish betweco the
samples is cmducted to determine two. pulverize the dried dumps of the Semple
qusaUtativa u well u qualiudn properties by hand or by stepping an them. If the clamps
of sad and o provide "tee talurma000 " d not Cohesiveuwith 6swm� Ufll msi.nhl is
they pulverise
order o dasady sod properly.
III Plasticity. MoIJ a motel or wet sampls sell Into very sm.0 bngmanu. the m@terid
ball •rid attempt to rod it lam is gramal".
of --:1
into a
thnaals as Ihip as ibinc6 o dl.mals.
Cobsrva auunal an be sort. }oLexrat la
lab o tbnada wilboat aumbliN• P
U at least a two loch lso mast length d'4 -
Inds thread can be held m mme and without
leaMg, the soil 4 coheslva.
(U) Dry sloaagtk U door and I. dry sod
awnblr a W own a with moduata
pnsarS lots lodindud Valois of La.
powder. Iii. granular lacy coSitna am of
gnv.l sand. as still. U the hid h dr7 and falls
Into dump Wbard beak W ion smiler
dump., but use .m.11.r dump can awn be
btokaa up with difficulty. V err be clay In
any omboaUS with pawl sand St ash. U
she dry Died breaks anro dumps which Jo not
beak op Into .mall dump. and which can
only be brol.0 with diffr"Jty, and thus b o0
vt.ual oahcaUaa thS WJ I. flaunt the sag
msy be c i $red udlasurnl
(W) Thumb paawation. The thumb
psseralio met clan ba used to ..Umate LIDS
xacoafiws.i wppsnwve month of cohesive
Ws'., f(hia ta.l is based um die thumb
peamerattss tint d..rnbed to Amartcas
Smary for Ts.tlw sad Matari. s (ASDA)
SI.aJ.d d5aq n ..as D:Am—'StanduJ
Recommended Practice file Deuripnao of
Solis (V'---' . i--us' Ptucadunl'I Type A
"Oda with an marmfned cn"pncsivs
aln.Ilk d U cal can be r —" 1y y andanled by
the thumbs hr-. a they cas be peoavat.d
by the thumb only with vary gnat Allen.
Type C mods web an uaccrlfmad unimpressive
stnnith al ah cal cast be satin paneic.tad
save! Inches by the thea4 sad can be
molded by IIdI .War pnetsa Tlua leer
should be cowbr"td on an undi.tab.J soil
sample, such as. loge clump d .pmt' a
5004 as practicable .his .mv.uun to L"p
to a alm,Oum the effects at .apu.as tea
dryun teauamaa. U this ."+..thin u Late$
$sped I. swtuae ULRus - - (rauL Pma°odk
the daatacatlm of the wU must be chastised
U tte Utweaa••IINb Mn. Eauw.re d
apsnnan.t meprvuvs .ts%Ih d mods can
.lam is dresmad by ter d a purist
pewuo.u. cr by ague a hens'-upes•tad
ehcacvan.
(vi D7sf taeL The basic purpone ol the
drying caw in o dulsontiea b.iwm.a
wb.alw a.terW wide faaar. . "related
wheat" w.sanal ad granulatr awn.' This
ptaadsn fur We dty.W t..l Involves drying
a wimple alad that te .ptia...rateiy on.
inch Wsi IL34 ®1 and sae a act.. (1124 ca(
Ilm•Y tsdl.aatar mW it I. iharourhly dry:
(Al U the .ample develops c.wcka sail
drise 'rrgraae Cuame an aaltut.d
N1 SaspL. that dry .4th.,' aecilng as
to la. buhon by Lead. U conal.IW.b4 ha.t
n.c.saery w beak a a-"pl. lb. «cat Lee
Appendix B to Subpart P
sloping and Bitching
(a) Sep and application. This appendix
contains specifications (of doping and
benching when used as methods of protecting
employees woekirg in excavations I:om cave -
Ins. The requirements of this appendix apply
when the design of doping and benching
pruleetivs system. is to be performed in
aitordana with the regwnmeno set forth in
I Itl'mm6Mbll2U
(14 Definsima
Acted slop ®am the glop@ to which an
eacavauan (eta I. sacavaud-
Disu... me.ru that N@ sod Is In a
condition when a cave -cat is Immtncal of Is
likely to occa. Digital@ to .v,Juncra such
phenomena as the development al tucuies :m
N@ Ices afar adjacent to in open eScovauun:
the subeWenca of the edge of en excavuwn;
th.'dumplW of malenal from the lace or the
bulging or heaving of outenal from the
bottom of an exc. vain: the apatbng of
material boa the l.c. of an s.car.uon: and
r.velbng- La.. sin.0 amuuuu of tmtend such
as pebbles tee little dmipa of material
•suddenly separating train the face of an
excavation and Inkling or rolling down Into
the a'iuvaoa .
Maximum allowable dope means the
nteep.sl tfrrltrr of an enesvauon (cc. that Is
acceptable but the must favorable Alto
conditions as peot.cuua egsan.t cave-ins, and
is expressed as the nun of honauulal
41.1 ens. to vorUesl me (II:VI.
Short term npocwe mast. a period of
tine Inn than or equal Io a haws th1 an
excavuuon a open.
let AequinmttlLa -(ti Soil efuaibcatien
Sod mud rock deposit. shall be classified in
accordance with app.ndia Ate wbpan Put
pan Ian.
1x1 Mara olaWobk dopy The
gnaioa....iL his al/pa for a sod a rods
depesd shall be tWlwmsmd from Table l-i
alibi. spptdl.
III .i uual dope. (Il Tb. actual slope 'bill
nor be naplr than the maxmua alluweble
elope.
(iii The accost slope .ball be Ina imp
dui the mutlam allannhie slops. when
then ns stye at theater. U that u?W tie
asses$. the slope w." be tail back to atl
.crud sop which u at lease S bonwntal to
ono vertical ISUtIV1 loss Di.p than the
muunuw a11awabls slap. .
loll wlsn swdum bads hors stated
mssenal .r egwp c u. op.nting equipment.
of baine an prevent. a 4ila lwlLilt ptrwie
.hall detaraL. the degree ta which Ii.
I acit•al stole muses tie r.rl..ced below the
wa.s tea Jlaw.ble sluiw. and shall anon
trial Duch r.du:uon A. adueta.L S..rcherge
pads Ina adjacent aaucrural shall I.
evaluated in aruNance wish I IY:a.illrk
(11 Cai/igwumna Cuunaalto4. of
coping std b.aJaun sptico.s alaall be in
ecwrdauu wath Firuse ILL
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Federal Register / Vol. 54. No. 2O9 / Tuesday. October 31. 1999 / Rules and Regulations 45965
TABLE B-1
MAXIMUM ALLOWABLE SLOPES
_.-
SOIL
OR ROLY TYPE
MAXIMUM
ALLOWABLE SLOPES(H:V)(11
FOR EXCAVATIONS
LESS THAN 20FEET
nrrp 3
STABLE ROCK
VERTICAL
(90`)
(53`)
TYPE
A l2)
3/4:1
1:1
(45')
TYPE
B
l's: 1
(34 )
TYPE
C
NOTES:
_- .--
II. •Numbers shown in parentheses next to maximum aflodable slopes are angles expressed in
degrees from the horizontal. Angles have been rounded off.
A short-term maximum allowable slope of l/2H:IV (63') is allowed in
' 2. excavations in Type A soil that are 12 feet (3.67 m) or less in depth.
Short-term maximum allowable elopes for excavations greater than 12
feet (3.67 in) in depth shall be 3/4H:IV (5)').
3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered
professional engineer.
1 Firyn 8-.
slope Cmaluraton.
lA9 slop.. stated below an in the horisoaul to vertical ntul
5 -Li Acmwuons mode in Type A'
1. All simple slope excavation 20 feet or lees In d.pth shall have a ma+tmum dlowebls dope of 3'.:L
1 I
20' Max. Al
1 3/`
1 Simple Slaps—G•o.ral
Exception: Simple dope excavations which an open U bun or less (short arm) end which en 12 meal or lost in depth shall have a
maatmum allowebl. slope of %:1.
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45988 Federal Register / Vol. 54. No. 200 / Tuesday. October 31, 1980 / Rules and Regulations
12 Max, l
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• Simple Slope —Short Term
2. All benched @%ovations 20 feet oe lees in depth shall have a maximum allowable slope of Ms to I and maxlmum bench dimensions as
follows•
Simple Bench
20' Max.
S'
Max.
L' Max.
Multiple Beach
1. All excavations $ fact or less in depth which have unsuppcnsd vertluay sided lower portions shell have a maximum ventcal side of
2S4 feet.
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' Federal Register I Vol. 54. No. 209 / Tuesday. October 31. 1989 If Rules and Regulations 45967
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8' Max.
1 I ______________
1
Uuaupported Vertically Sided Lower Portion —Maximum a Feet In Depth
1 A0 axcavatiana ton than a feet but we man than u feet to depth which unsupported vorticaay..lded lower portions shell lave ■
ouximum sllowab4 slope of 1:1 and a m.dmum vsrtcal side of 3% 4.L
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Uneupport.d Vertically Sided Lower Pardon —Maximum U Feet to Depth
All excavations ID feel or Ina to depth which have vertically aided low.. potions that ar. supported or ,M.tJad shall hays a me umum
atlowsbl. slap. of 3'.:i. The support or shield system must extend et lust IS Inches above the cop of the v.rucal side
Support or shierd
i20' Max, vertical side
Suporlad at Shielded Vertically Sided Lower Pardon
a All other simple olope!campowid slaps. and vertically aided Worse portion exuvxaon. shall be In accordance with the otht options
parmut.d wider I lemeel(bl. I
8-12 Pscay.uona Med. In Type B Sod
1. AB simple slope excavations 20 feet or Ine In depth shell hove a muimum allowable slope of 1:1.
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45968 Federal Register I Vol. 54. No. 209 / Tuesday. October 31. 19B9 / Rules and Regulations
simple Slope
3 All banded exravatiow m lost or less In depth than have a maximum allowable slope of 11 and maalmum bench dimensions ss
1oUows:
This bench allowed in cohesive sail only.
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20, Max
'In.
• Single Bench
'
This bench +tt•'wed in cohesive suit only
a.
a
:0' Max. a, I
4a
G' Max,
Multiple Bench
'• l AU acavadona m fed or Ins In depth which have vertically sided bra ponioos shall be skietdd or supported to a height a Init 1e
rd.•e drove the top of the venicaf aide. All such uuvalone Asti have s am Jmum silowebie stop. of 1:1.
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v.J__.l WaAela• I Vol. 54, No. 209 ! i
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10Max.
1
shield aystetn
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a`
9" Min.
Total height of vertical side
iVertically $1dod Lower Poidan
L All other doped axcavadoos .'fl be to scoo dance wttL the other options permitted In 1 ta2a.a52(b1.
¢1.3 £aravetioss Made in Type C Soil
L Ali simple dope exravadoaa 20 fast or leas In depth .bell ►ay. a m"Loum sllowable slope of 154:1.
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1 20' Max.
l4
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I. Simple Slops
1 AL exsavadnoa 20 feel at leas to depth wbich have vvtlutly stdid lower portions ebaa be shielded or supponsd to a Might at (sort to
tocbn .bore the top Of the vertical olds. AL sutb sxc.v.dooe shalt have a maximum allowable dope of 154:1.
Support or sI
hield system
1
1 ty l8 Yin.
Total height of vertical side
i Vertical Sided luww Purdue
I
' . AL ether doped excevatlow shall be b eccordanee with the other options permitted In I ls2La62Ibl.
11-14 Pauvatlom Made In taysrvd Solls
1. All excavation 20194, ar bas In dsptb made In layered sails $h.lt bane a soaxlmum allowable dope for each layer as cat forth below.
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45970 Federal Register / Vol. 51. No. .209/ Tuesday. October 31. 1989 J Rules and
C OVER a
c OVER a
Federal Regular / VoL 54. No. 209 / Tuesday. October 31, 1980 / Rules and Regulations 45971
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5 At
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A OVt:R B
1
_ — --_— — _ _A _41 —
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' A OVER C
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B OVER C
L All other sloped eiv:avation. Ash l be Io occordanc. with the other options permlued in I lllmes2lhl
1 Appendix C to Subpart P fool lag ml In depth Thee eppeadte mute be ey.l.ma moat be designed In accordance with
used when design of timber sharing the requinment. wt forth In r IO2&t'2(b)
Timber Shoring for Trrnchea pmt.cuve systems le m b. performed in and 1 102 0 6121c1.
s accordance with with 11p2LaS21dI1 .Other
Ll stop.. Thu •pp.ndbt wnulna lbl So ! Clwa,%ieovon N order law• Ih.
information that can be used limber shoring a
timber shoring wrdlpurauuna: other systems dais pniun.d m this appendthe suit tyr
Is prodded u a method of pmtseuon from of support suchs hydraulic end pneumatic or types to which the eacevatlolon is mode
uw ms In bench.. Nei do not uce.d m systems, and other proracuw systems such a
u sloping, benching, sheidtng and tintingmust hni be datrrmmed user the and
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clanllutlon method wt lush In appendix A as
of subpart Pot this pan. ho
fcl Pn.sntclion of Information.
Information b pn.enwd hi svanl forms as
follow$:
b
Ill hdonnadoo Is pnaantad to nbular loam di
in Tables C.4.I. C. -I.2. and C -IS and Tables
C -Li. C -U and C-11 Following puagnpb
lid of the appendix. Each table preunu the
minimum six., of Umber membsn a tau In
a shoring system and each table contains
data only for the pulicular soil type in which
the excavation or portion of the ex"vston is I
mods. The dale an enangad to allow the a
user the Flexibility to select from among
nl evsacceptable configuntona of members
bend on varying the honxonial spacing of
the eroebnce► Stable lock is exempt from
sharing ngwremannnd therefore.
fo. no data
an pnse0led for Shia condition.
Ill 1nlormadon "licernirq the basis of the
tabular dais and the 4mlleuans of the data Is
presented In psnRVsPh (dl of this appendix.
and on the tables th.mwlvaa.
131 tnlormntiun explaining the rasa of the
tabula data le pn.anl.d la parsgrapb IS) of
this aopendis.
(e) Iolomaton Wustndn$ the ass of the
ubulu datais pnsem.d In paragraph If) of
out epp.odu•
lit Mlacellaneotta noisdom ngudblg
Tables C-tthro
ugh rough C-1.3 and Tables Ca-LI
through C-2.3 am presented In peagraph let
of this Appentta
(dl Basis and limitations o/ the dotar(11
Dimensions of amber members. (l) The ii..'
of the Amber members listed In Tables C - I.)
through C.4.3 an taken fromthe National
Dunn of Standards INDSI npof.
-Reeommnded T.duue.l Prov.sion. for
Cons"cuun Practice in Shoring and Sloping
of mach.. and Excsvetlon►" In addition.
NUS did not n"mmand epectfic "in of members member sizes an based on an
naly as of the sizes required fur use by
emting cod., and on empirical practice.
(iii The squired dimensions of the
members 11.1.•1 m Tablas C-1.1 through C-li
actun
refer to al d.m..aru and not nominal
dlmeMJama of ma timber. Employee waotung
to taw sim norJ aas lshadmil an directed to
Tables Gil through C -fl a Lave Aide
chublead
er ader I tozaoazlcl(31. and an
referred to The Corps of Enpnsers The
Bunts of Reclamation or date Inm otkn
acceptable sources.
(21 limitation of application (1111 Is not
te Innded that the tambour Shonna specification
apply to every sltualloo that may be
experienced to the field. These data wen
developed to apply to the situations that are
most commonly up.rienced In current
trsnt ping precrics. Shoring systems for taw In
eluuiona that an not covered by the data in
this appendix must be designed as specified
in 11111n.a321cl.
fill When any of the following conditions
Sr. pn..nl the mrmben epecaled In The
tablet Sr. not er carwidsd adequate. FJIMe ass
alternate umber shorin"�g iysl. s mull be
designed or another gp
y. of protective system
designed to ac"Nl snu with I IaAs2.
(At When loads imposed ure by stcucs or
by stored material adjacent to the Inndt
weigh in exceed of We load Imposed bye
iwu-la.l suit surchurme. Ilia tem -edjncenl-
used hen means the cite within ■
nzontll distance from Ihe edgee of the
tench equal to the depth of the trench.
181 When vertical loads Imposed on cross
ricesaved . a 2<o.poungra dgravity load
siribut.d on a ons-foot sction of the center
d the croeabna.
ICI When surcharge loads an present from
lulpmmt weighing In aaceas of 2o.do0
pounds.
ID) What only the lower portion of ■
punch Is shored and the remaining Portion of
he trench Is eloped at benched unl.sL The
loped portion is sloped al an angld less sleep
tan lbrw horizontal to one vertical or the
members an Selected (rum Ihs tables for use
e a depth which Is determined (morn the top
of the overall trench. sod nut Iron the toe of
tM sloped portion.
HI Lire of Tables. The memb.n of the
shoring ayatsm that an to be selected using
ads informatun an the cross beacss. the
uprights. and the wale'.. when wale are
rvqutr..L Mlnlmum eieu of member. en
epec.Aed lot use in dtllarent typos of set.
Thom we six tables of infomtrifor
much sod type. The sod type must fint ha
d.rennunad in accordance with the coil
desatfl"nan system described in appendla
A to aubpan P at pen 1a26. Using the
appropriate table. the selection of She size
and .pacing of the initiation it then mad.
The selection is based an the depth and
width of the trench wham the members aft to
be installed and in most instances. the
selection is also based on tier horizontal
Spacing of the aoebraaa. butane when a
choice of horizontal 1p.ctnJ of croubracmg
is available the hudzant.l spacing of the
cronbr.cea mull be chosen by the seer
bc(.y. the size of any member can be
determined. When the sod type. the width
and depth of the pencil and the horizontal
spacing of the croubnucs are known the
aua end vcniul spacing of 1110 crus$braccl.
the size and vertical spacing of the woks.
and the size and horizontal spacing of the
uprights can be mud from the appropriate
table.
(fl Exompin to Illustrate the Use of Tobin
C -l.: through C-).3.
(1) Eeampl. 1.
A trench dug to Typo A .oil is 13 feet deep
and Ave (art wide.
Prom Table C -Isle for acceptable
arrangements of limber can be and.
Splico 2xa uprights a rve Ictt
horizontally.
Arroryemenl =a
Span 6:<a crosibraccs at 12 fact
borizontally and lout (rot vertically.
Space lOx 10 wales a1 tout (tat vertically.
Spumes 3xa upnghte at six feel
horizontally.
121 Example 2
A trench dug In Type B soil in 13 feat deep
and five feel wide. From Table C -t1 three
aeteptabie engagements of members are
listed.
Arron%emant =f
Spa" axe eroubraeee at six lest
horizontally end An irel ven:rsl!.
Spate aza wale at fire lest verncail'.
Space 2xa upnghts at two Ices
horizontally.
A rruryement =2
Space exa crossbraces at e:vhl Oct
horizontally and lire fact vcri i.l!y.
• Space lay: 10 writes at live Feet vc:I:.aat.
Space 2xa uprights at two feel
horizontally.
A rvnyemant =3
Spa" 14$ crosebrcces a110 feet
horizontally and five feet vernally.
Space l0X12 wale. at Ave feet vertcafly.
Sync.: x6 uprights at Also Ir,l verliea°)'.
PI (ample 3.
A trench dug in Type C soils 13 feel deep
and rive feel wide.
From Table C-1.3 two acceptable
arrangements of memhen can be used.
Annnge.I1111t i2
Spec. SX$ aouln"i at six feel
horizontally and tour feet vertically.
Wales an not required
span 2xa uprights at six feel horizontally.
This emngtmenl is commonly celled "Skip
shnnng."
Anony.mant 12
Spa" 4Xa aaubncel at eight let
horizontally and four feet vertically.
Span axes wales at four feet vernallly.
Spa" 2x@ uprights al four feel
bonzoncdly.
Arrangement r3
Spa" aXe erosebr.cee at 10 feel
horizontally and four feet vc:licully.
Spsee ar10 waits at hint feel vrnicully.
.Irmnyrr..ant CI
Space axe croabraeei at six feel
horizontally and five feel verilully.
Space lox 12 wale$ al rive feet vulicJlly.
I'.oumn 2 i.e uprights is dolt) Ir.el':rr
as possible.
If water must In retuined use spe.:ial
tongue and groor. upn�hta la (,,rm light
sheeting.
Armngemrn! f2
Spa" lx 10 eroubrsces at eight feel
honzonully and five feet nrtmcolly.
Space 12x12 welts at fee feet rerl,ra.11y.
Position 2X0 uprights in a class sheeting
eonficureliun unless water pressure mull tic
resisted. Tlthl shooting must be used where
water mull be retalnr,L
ti Example..
A trench dug in Type C soil is 20 felt deep
and 11 Goa wide. The Sian and rpuceng of
member. for the section u1 irenkh that is over
Is fact in depth is determined using Table C-
1.3. Only one arrangement of niembers is
provided.
Space axto eroubneea of fix feel
honzonully and Art feel venicully.
Space I2X12 wan at five feel vertically.
Use 3xa light sheeting.
Use of table. tries through C-.3 would
follow ASIA same procedures.
! let •Vm:ci fur all Tables.
1. Member ailed at spacingf other Than
indicated are to be descrminti as spec,Aed in
I IWnb32(Ck -Design of I'rnlretiee Srarmf
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Federal Register / VoL 54. No. 209 / Tuesday. October 31. 1989 / Rules and Regulations 45973
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t When condldons an saturated or
submerged use Tight Sheeting. Tight Shioting
refer to the use of spaclally-adaed timber
planks le.g, longue and s move) at but hr.e
inches thick elect shoot piling, or similar
construction that when driven or placed in
position provide a tight wall to emrt the
latenl pnaaue of water and to prevent the
loss of batiall matanaL Oasis Sheeting ruin
to the placement of pladu std. -by -.td.
allowing as Lids space u possible b.twaan
them.
3. All spacing indicated Ia measured center
to center.
4. Welee to be Installed with greater
dimension boriaonul.
tl. tf Wa vertical distance from the canter of
the lowest amubnce to the bottom of We
tnmb &Kraals two and on. -half tent.
uprtgbt shat be firmly embedded ore
mudaW shat b. u.«1. When uprlghis an
embedded the vwui distant, from the
senior of the lowest cnubr.ca to the bottom
of the trench shall not exceed 36 mchaa
When mudjUl. an used, the vertical dlstanca
chill not exceed 42 Infra. hludsills an
wain that an insisted at the too of the
bench side.
6. Trench tacks may be used in lieu of cr in
combination with Umber ao.sbraces.
7. ptecamani d ooubuces. When the
vertical spacing of aoubracas Is four feat
place the top ov..bna no most thin Iwo
feel below the up of the uanrh When the
vertical spacing of cmcabracu Is five feet.
plane die top aoeebnce no mute than ig fast
bnluw the top of the trench
s.ua a tame elan N
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45974 Federal Register ) Vol. 54. No. 209 / Tuesday. October 31.1989 J Rules and Regulations
Z 14
4
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114 14 K
_ N N
O
N
b
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S x W
W IV
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Y it K .0 C
X a • a C n n n o 4
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o v z � c
..• a H- W 1 . 1 9
O 1 • ; f v f f f f -
r r • u a
a v N •w .+
r N
4 d a
W O O G O
C - 25 Ida
N z "! Q K Co O K C G a0 6 m C
H r 4 N� `� a m — C L
a a a a
• G
2 _
• = n •.•z_ I at
•� z 1� — W C
—
♦ rt U W f f f f f f C f f f ,
u41`
xo -'0
4 I 14 4
InC
r o
•n O •C 10 10 .D .G m m m - C •.•
U N r 0 r N
z in K M a[ •0 at T[ it iO K 1r 0) K
• a .o .o .o W .o .o W m c r
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C
2 a° O —
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it W .0 it it 10 d ..l m m m co m cc
t u 6 K 34 K 14 Y n a[ u K t[ 14 r. }
U W Ki •.] .0 •..• u: J .J J d r
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W U S O T Y
C W C.-) H 10 .r` 10 10 10 .0 .0 .O .0 m
r a ax x art •4 s4 r1 1< r 34 >r K 14 M
a 1 •J W .O W •V .1)C C 0 o
a Y� C =
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4S900 Federal Register / Vol. 54, No. 209 J Tuesday. October 31, 1989 / Rules and Regulations
I
Appendix D to Subpart P
Aluminum Hydraulic Shoring for
Trenches
(.) Scope. This appendix contains
Inlormotion that can be used when aluminum
hydraulic shoringle provided as a method at
proteeuon seawl cave -leis In trenches that
do not exceed 20 (wt (dlmi In depth. Thla
appendix must be uaad when design of the
aluminum hydraulic protectivg system cannot
be performed in accordance with
I Iu266521cit:1•
(iii Soil egret/icatian In order to ass data
presented in this appendix. Use soil type u
types in which the scavatoa Is made most
Brat be determined using the sail
classification method set forth in appendix A
of subpart P of pan 19M
(c) presentation of lit/ormatlon.
Infunnedon Is pro"nsd in sevarel Gums u
follows:
III Information to pnnantad in tabular form
In Tables D-LI. D-1.2. D-1.3 and E-I.a. Each
table presents the nualmum vertical and
horizontal spacings that may he used with
venous aluminum member alias and various
hydraulic cylinder sues. Each table contain.
data only for the particular soil typo in which
the excavation or portion @f the cauvsuon Is
made. Tables D-i.t end x12 as for vertical
shores In Types A mad 8 soil. Tables D-12
and 01.4 are for horizontal wafer systems in
Typea 8 and C mull
1:) Utformanoo concerning the buts of this
tabular data and the limitation of the data Is
presented its paragraph (dl of this appendix.
(3) Infurmadoo explaining the tau of the
tabular data is presented in pesarr.ph la) of
this appendix.
14) utfutmaUon Illustrating the use of Ui.
tabular del. Is presorted in paragraph In of
this appeMlx-
151 Miscellaneous notations (footnotn)
regerdiny Tablo D-1.1 through D-1.4 sea
presented in pare:nph let of this appendix.
(Ii) Firutee, illustrating typist Installations
of hydraulic .honng, am included fuel poor to
llu Table. The illususnons p.ge b entitled
Aluminum IlydrauUc Shonng Typical
Inat.11alaa'
(d) Buse and limilollon. of the down
III Vertical shore sells end korisontal
wales see those that most the S.ciloa
Modulus nquucmenls In the 0.1 Tablas
Aluminum msetnal is 6061-21 or material of
equivalent strength and properties.
1211lydrobe cylinders epedtl"tiara. (1) 1.
Inch cylinders shall be a aunlnum I -Inch
inside diameter with a muumum sate work)
capacity of no Isn then ILLIM pounds axial
compn.s.w. load at maximum .xtenalot
hisaimum extension 1.10 Include lull rang. a
cylinder extension. a recommended by
product menWaeunr.
Ilii 3 -Inch cyllndem shall be a minimum 3 -
inch inside diameter with a "fs working
cep.ny of not h" then SL&C pounds axial
cuepr.s.iv. load at .#tendons me
recommended by proafpet m.nulactunr.
131 Umsadun of .pptiuuon.
pl II te not Intended that the aluminum
hydr.ulic tpeedtcallun apply to every
situation list may be experienced in the
field. These data wen developed to .p(dy to
the .iluulma that are most commonly
experienced in current trenching practice.
Shoring systems for use in situations that an
tut covered by the dsts in this appendix must
be otherwise designed as specified In
(II) Witten any of the following condl lioru
an.prveeol the mvmben specified to the
Tables an not considered adequate. In We
can, an alternative aluminum hydraulic
alluring system or other typo of protective
elitism most be designed in accordance with
1 19'.0.651
(Al When vertical bads imposed on croes
braces exceed a too Pound gravity load
distributed on a one loot section of the center
of the hydraulic cylinder.
(➢) When surchatgs loads are present from
equipment weighing in excels of :At1t31
pounds.
• IC) When only the lower portion or a
trench Is shared and the remaining portion of
the french Is sloped or benched onlose: The
eloped portion Is sloped atu angle less soap
than three horizontal to one vertical' or the
membm an selected (rum the tables for "a
at a depth which Is determined from the top
of the overall Innsh and not from the too of
the sloped portion.
(a) Cs. of Tublaa D -I.2, D-12 D -W and
t -t.t The msmhan of tits shonng system
that are to be selected wing this infurmsuon
u. the hydraulic cylinders and either the
vertical shores a the horizontal wale. When
a wailer system is used the vertical ticibcr
sheeting to be wad is also selected from
thee. cable. The Tables D-1.1 and D-11 fur
venial shores are used in Type A and U mile
that Jo not require sludlng. Type 0 soil. shot
easy require sileawg. cad Type C soil that
always require ane.uag an found in the
honsuntal wale Tables C-1.3 and 0-1.4. The
soul Type must full be determined in
auonlance with she sail dessihcauua
system described in appendix A to subpart P
of pan 19211. Using the eppropnste tattle. the
selection of the seas and spacing o11he
members b made. The selection is based on
the depot .td width of she stench where the
otmb.n m to be utetelled. In tits" tables
the sweetest spacing b hold mnuanl at low
Iwl on "near. The t.blse show the atutmanl
horizontal spacing of cylinder. allowed lot
each sea of wale in the wale system tablet
amt in the venial *home tables. ins hydreulm
cylinder honaonwl spacing l the memo me th
vertical shore spacing.
III !sample cat fl:utmle slit Os. of IA.
Tables'
III F ample 1:
ng A trench dug In Type A soil b 6 lest deep
• and 3 lost wide. From Table 0 -it: Find
v yiirsl .hues and I inch diem. we cyllndare
f spaced a feet on center lull honaontaliy .n
4 feet an unlit foal vertically. lice Figures
I a 3 for typical Lutatl.iiona.l
(21 Eumpl. L
A trench u dug in Type➢ sod that don no
socdn slavering. 13 Ile deep and S fM wide
From Table D-1.2 Find vertical shun. and a
such diameter cylinders spaced @.3 led a.c.
horizontally and 4 feet D.C. vertically. (Sc.
Figures I a 3 for typical iustallatiuu.J
P1 A trench le dug In Typo U soil that does
act require sheeting. bug Jose e.prrenee
wine minor raveling of the uaucl, Lace. Th.
trench tilt leol deep and 9 lid wide. From
Table 0 -IL Fluid vertical shares and 2 inch
diameter cylinder (with apeciul oversierves
as designated by footnote a:1 spuced S.S lets
o.C horizontally and 4 feet o.c. vertically.
plywood (per footnote (g)(7( to the 0-1 labial
should be used behind the #hurts. (See
Figures 2 A 3 for typical Installations.)
(4) Example 4: A u.nch is dug in previously
disturbed Type 8 moil, with characteristics of
a Type C sail. and will require sheeting. Tile
bench b 16 foci deep and 121oci wide. 9 lout
horizontal spacing between cylinders is
excised for working space. From Table 0-1.3:
Find hunsontel mush with a section modulus
at 14.0 spaced a 4 feel o.e vertically and 3
Inch diameter cylinder spaced at 9 fret
maximum o.c. honaontally. 3x 12 timber
abating is required at clues spacing
vertically. (Sae Figure 4 fur tppicel
lnsulluloal
15) example 1 A trench Is dug in Type C
wd.9 feel .Thep and 4 led wide. Itorlonlai
cylinder spacing in excess ola feel is desired
for working space. From Tobin 0-1.4: Find
horizontal wale with a section modulus of 711
and 2 inch diameter cylinders spliced a 6.5
fast o.e horuontally. Or. find hurizuntul wale
with a n.0 escuun modulus and 3 inch
diameter cybr.J.r spaced at 10 feet D.C.
hortsontally.tIoth wales are spaced 4 feel at..
vertically. 3X 12 Umber sheeting is required
at close spacing vennally. (Sc. Figure 4 for
typical lostsllatiun.l
tg) Failwtn. andgentro/notes. /or Tables
0.1.1. - hZ 0-21 and D-1.4.
(11 For applications other than those listed
In the table. refer to if 19.d.fd2(CII2) for use
of manufaciusr a tabulated data. For treacle
depths in excess of 20 feet. Mier m
19766321c1121 and I
(21 2 Inch diameter cylinders. at this tvidlh.
shall :.. siroclursl deal tube
53.5 X 3. X 0.1m3) oonletres. or etnicturul
avenleevts of manufacturers spectf:ca:uin.
. sutuJing the full cullupaed length.
lit I!ydreuiit cylinders rapeteues.:;l 2 inch
cylinders shall be a mtatnum 2 -inch inside
dtame:ur with a outs wurksap capacity of not
Iess than le.lta0 pounds eatd coutpressive
load at msxlmum utenuum htaaimum
extenann l to include lull range of cylinder
an.nama as recommended by pruducl
e manul¢rurtr.
(it) 3 -inch cylinders shall be a minimum 3 -
Inch inside diameter will, a cafe work
capacity of not Ine than SI.IIU pounds exist
compresuva land at maximum extension.
Maximum *%tension b to include lull tailed of
cylinder extensions a tecamrncndcd by
product msnuhcturve.
d 141 Ail spacing indicated is mesmred
canter to canter.
I51 VsrUca) shoring nib shall has. a
minimum section modulus of 0.411 inch.
g (at When vertical shwa are used. there
sous be a minimum of these slide, spaced
equally. Iwnwnially. in a group.
s (7) Plywood shad be 1.t.S n. thick
softwood or 0.75 inch thick. 14 ply. Arctic
while buds (I'Inlend loran). Picae auto that
plywood b not intended es a abmetural
mauber. but only lot prevcntnn of local
raveling (sloughing of the trench Lmcl
between $hotel.
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45982 Federal Register If Vol. 54. No. 209 / Tuesday. October 71.1900 / Rules and Regulations
ALUMINUM HYDRAULIC SHORING
TYPICAL INSTALLATIONS
FIGURE N0. 1 FIGURE NO.2
W&Av" AL M NATCAI �A••AA•
•1WLLi. YOAMA • PIOAAILY L. s
1✓01 Al1AA.Y IIw1y IITwOOI
10MII0NIAL
$PACING
M0MII0NtAL ffAC1110 / nO
VERTICAL
flAt
A• MA1. '-'wwc
2. OAK.
FIGURE NO. 3
v11.IC4 Al1ASCY 4
wfYWLC YA.._
12 to lw
VERTICAL
SPACING
II MAX.
VL 2. MAX.
VERTICAL MAIL
VT0U.UIJC OLINGER
VERTICAL RAIL
J�i
1M'
VERTIItACIL•
FIGURE NO.4
A.... ..10A... c uosw
"..IA bS!{Y
•I.�r1
■0SII0ETAL E►ACING
VERTICAL MAIL 2• MAX.
XT0MAULIC 1
CTLISOEM
VERTICAL
SSAC ISO
XT0RAULIC
CTLIN0EM
PLT0000
U /RIGHT
SNEET INC
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• ___ __, ... .�. ..• ivu, JWtl / Tue3day, October 31, 1999 / Rules and Regulations 45993
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45984
Federal Register./ Vol. 54, No. 209 / Tuesday. October 91.1989 / Rules and Regulations
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Federal Register / VoL 54. No. 209 / Tuesday. October 31, 1989 / Rules and Regulations 45985
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45988 Federal Register / Vol. 54. No. ?D9 / Tuesday, October 31. 1009 / Rules and Reguletlons I
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Federal Regliler / Vol. 54. No. 209 / Tuesday, October 31, 1969 / Rules and Regulations 45007
Appandlx E to Subpart P—Altamativaa to Tmber Shoring
Figure 1. Aluminum Hydraulic Shoring
1x• MAR.
VERTICAL
SPACING
4' MAR.
s• MAX.
Figure 2. Pneumatic/hydraulic Sharing
0
)Iu-fli--ui
2V am U- M-
VERTICAL RAIL
1TORIULIC CTLINORR
OOOOO
45988 Federal Raglalet I Vol, 54. No. 200 / Tuesday. October 31. 3000 I Rules and Regulatlons
Figure 3. Trench Jacks (Screw Jacks) '
1
__________ •j) I
111' f�lff' .
jj`` I dl�
• II 11.111'�dl'.rt.
�f..ff.f.
1
Figure 4. Trench Shields '
•
our aooe M -Y<
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Federal RegIster / VoL 54, No. 208 / Tuesday, October 21, 7989 / Rules and
dons 45989
Appendla F to Subpart P—Sslecuon of Protective Systems
111. follavMa Itrxna an a graphic .ummary of the t.qulnmeow conislned In .ubp.n P for nc.v.tfons 20 foot or less In depth.
Ratective systemi for use In .acavedon. more than 20 fool In depth must be designed by a registered professional engineer in accon.nc.
with 1112a.as2 Ibl and 1c4
Is there potential
for cave-in?
Sloping
acre e
Co to Figure 2
aeLre sap .r ss
Is the excavation more
than'S feet in depth?
Is the excavation
entirely in stable rock?
Excavation may be
made with
vertical sides.
Excavation must be
sloped, shored, or
shielded.
Sharing or shielding
selected.
Co to figure 3
F1r.URE I - PRELIMINARY DECISIONS
t
45990 Federal Register I VoL 54. No. 209 / Tuesday, October 31, 1989 / Rules and Regulations
Sloping selected as the
method of protection
Will soil classification
be made in accordance
with 31926.652 (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:
31926.652 (b)(]) which
requires other tabulated
data (see definition) to
be followed.
Option 3:
1926.652 (b)(4) which
requires the excavation
to be designed by a
registered professional
engineer.
Excavations must comply
withJ1926.652 (b)(1) which
requires a slope of 1411:1V
(]4').
F[CI'RE 2. - S1.OPINC OPTIONS
Federal Register I VoL 54. No. 209 / Tuesday, October 31. 1980 / Rules and Regulations 45991
1 Shoring or shielding selected
as the method of protection.
I
Soil classification is required
when shoring or shielding is
used. The excavation must comply
' with one of the following four
options:
. Option I
51926.652 (c)(1) which requires
Appendices A and C to be followed
(e.g. timber sharing).
Option 2
' 51926.652 (c)(2) which requires
manufacturers data to be followed
(e.g. hydraulic shoring,trench
jacks, air short@, chic Ida).
I
Option 3
51926.652 (c)(3) which requires
tabulated date (see definition)
Ito be (allowed (e.g. any system
as per the tabulated data).
I
Option 4
.1926.652 (c)(6) which requires
the excavation to be designed
by a regi■'er•d professional
' engineer :e.g, any designed
syste■l.
I.
. t
' FIGURE 3 - SHORiNC AND SHIELD!NC OPTIONS
(FR Dec. as -an, Filed 10 -30 -at a:.s amj
our Cow m s ae
I
TABLE OF CONTENTS
FOR
PART D -SPECIAL CONDITIONS
DIVISION 2
SITE WORK
Section
Subiect
D2-1
SITE PREPARATION
D2-2
REPLACEMENT OF MANHOLE FRAMES AND
COVERS*
D2-3
REPLACEMENT OF MANHOLE FRAME AND
GRADE ADJUSTMENTS*
D2-4
SEALING OF MANHOLE FRAME AND GRADE
ADJUSTMENTS*
D2-5
COMPLETE AND PARTIAL REPLACEMENT
OF MANHOLES*
D2-6
REPLACEMENT OF MANHOLE BENCH AND
TROUGH
D2-7
MANHOLE GROUTING*
D2-8
INTERIOR MANHOLE COATING*
D2-9
EXCAVATION
D2-10
BACKFILL
D2-11
SANITARY SEWER REPAIRS
D2-12
CURED -IN -PLACE PIPE*
D2-13
SANITARY SEWER CONSTRUCTION
D2-14
CONCRETE STRUCTURES
D2-15
CLEANING AND INTERNAL TELEVISION
OF EXISTING
SANITARY SEWERS
D2-16
RESTORATION
D2-17
SANITARY SEWER PIPE CONNECTIONS TO
EXISTING MANHOLES
D2-18
PIPE JOINT GROUTING AND TESTING
* Not included in this Contract.
I
D2-1 SITE PREPARATION
' A. General
1. Clear areas necessary for performance of the work and
confine operations to that area provided through
easements, licenses, agreements and rights -of -way.
Entrance upon any lands outside of that area provided by
easements, licenses, agreements or public rights -of -way,
shall be at the Contractor's sole liability.
' 2. Do not occupy any portion of the project site prior to
the date established in the Notice to Proceed without
' prior approval of the Owner.
3. Contractor shall be aware of certain requirements by
individual property owners as specified in Section F.
B. Materials
Not specified
C. Execution
1 1. General
' Remove, relocate, reconstruct or work around natural
obstructions, existing facilities and improvements
encountered during site preparation as herein specified.
Take care while performing site preparation work
adjacent to facilities intended to remain in place.
Promptly repair damage to existing facilities. Dispose
of waste materials in a satisfactory manner off the work
site.
2. Surface Obstructions
' a. Tunnel under sidewalks, curb and gutter, drainage
structures and similar obstructions if tunneling is
best suited, otherwise sawcut the obstruction in
straight lines or remove it to the nearest
construction joint if located within five feet of
the centerline of the trench. In no case shall the
joint or line of cut be less than one foot outside
the edge of the trench. Reconstruct surface
obstructions removed to permit construction as
specified and to the dimensions, lines and grades of
original construction. Restore at no additional
cost to the Owner.
City of Fayetteville
D2-1(1) Sewer System Improvements
I
b. Protect, move, or brace public and private utilities I
as specified in Section D1-5.
c. Maintain mailboxes in the manner that the Postal
Service requires to prevent interruption of mail
delivery.
d. Site preparation includes the removal of trees,
shrubs, brush, crops, and other vegetation within
the limits of the easements (right-of-way), or as
may be provided for in licenses, permits and
agreements. All efforts shall be made to retain
existing landscaping. In the event that trees,
shrubbery, and hedges cannot be saved, then prior
approval of the Owner and the Owner's Representative
must be obtained before the existing landscaping is
removed.
1) Trees
All trees shall be saved unless removal is
approved by the Owner and the Owner's
Representative. Trim trees in accordance with
the Owner's instructions.
2) Shrubbery
Shrubbery shall be saved unless removal is
approved by the Owner and the Owner's
Representative. Make reasonable efforts to save
all shrubbery by trimming, in accordance with
acceptable pruning practices, and treating wound
surfaces with a commercial pruning compound.
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3) Small Plants and Flowers I
At least two weeks prior to the start of
construction, notify property owners of the
proposed starting date so that the property
owners can remove any small plants or flowers.
e. Fences interfering with construction, and located
within public rights -of -way or as may be allowed for
in permits or agreements, may be removed only if the
opening is provided with a temporary gate which will
be maintained in a closed position except to permit
passage of equipment and vehicles, unless otherwise
herein specified. Fences within temporary
construction easements may be removed provided that
temporary fencing is installed in such a manner as
to serve the purpose of the fencing removed.
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City of Fayetteville
Sewer System Improvements D2-1(2)
I
Fencing removed shall be restored to the condition
existing prior to construction unless otherwise
specified. The Contractor is solely liable for the
straying of any animals protected or corralled or
other damage caused by any fence so removed.
• ' f. Private Sewer Facilities
Make every reasonable effort to protect private
sewer facilities. Private sewer facilities are not
shown on the Plans. When these facilities are
disturbed or damaged by the work, make necessary
repairs to the facilities to maintain continuous
service prior to the close of the work day at no
additional cost to the Owner.
' g. Property Pins
Preserve property corners, pins and markers. In the
event any property corners, pins, or markers are
removed by the Contractor, such property points
shall be replaced at the Contractor's expense and
shall be re -set by competent surveyors properly
licensed to do such work. In the event such points
are section corners or Federal land corners, they
shall be referenced and filed with the appropriate
authority.
h. Sodded and Landscaped Areas
' Minimize disturbance to sodded and/or landscaped
thoroughfares and areas on or adjacent to improved
property. Do not use such areas as storage sites
' for construction supplies and insofar as
practicable, keep free from stockpiles or excavated
materials.
3. Subsurface Obstruction
a. Where existing utilities and service lines are
encountered, notify the Owner thereof at least 48
hours (not including weekends and/or holidays) in
advance of performing any work in the vicinity.
' Excavate, install pipeline and backfill in the
vicinity of such utilities in the manner required by
the respective Owner and, if requested, under his
direct supervision. The Contractor shall be
responsible for damages to a public or private
utility that may occur as the result of the
construction.
b. Protect, move, or brace public and private utilities
as specified in Section D1-5.
City of Fayetteville
D2-1(3) Sewer System Improvements
I
c. Make a reasonable effort to ascertain the existence
of obstructions and locate obstructions by digging
in advance of machine excavation where definite
information is not available as to their exact
location. Where such facilities are unexpectedly
encountered and damaged, notify responsible
officials and other affected parties and arrange for
the prompt repair and restoration of service.
D. Measurement and Payment I
No contract prices are established for Site Preparation. I
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END OF SECTION D2-1 ,
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City of Fayetteville '
Sewer System Improvements D2-1(4)
I
ID2-6 REPLACEMENT OF MANHOLE BENCH AND TROUGH
IA. General
' 1. Description
This section describes replacement of manhole bench and
trough. Manholes designated for replacement of bench
and trough are shown on the drawings.
IB. Materials
1. Materials for Bench and Trough Replacement
Portland Cement concrete in accordance with Section -
Restoration.
' C. Execution
1. Procedure for Bench and Trough Replacement
The existing deteriorated bench and trough area shall be
completely removed. Care must be taken to avoid
A damaging other areas of the manhole structure. Loose
and broken concrete shall be routinely removed from the
manhole to eliminate the possibility of pieces entering
II the sewer lines. After removal of loose and broken
concrete, a new bench and trough shall be formed.
Sanitary sewer service shall be maintained during bench
and trough replacement. If the manhole does not have an
Iexisting concrete base, minimum bench and trough
I thickness shall be 4 inches.
II2. Finishing
a. The bench and trough shall be furnished in such a
�I manner so that a watertight seal exists between the
manhole walls, pipe, and bench/trough area.
b. The trough shall be troweled so that the wetted
'I surface is smooth. The invert of the trough shall
form a continuous conduit with the sewer pipe
entering and leaving the manhole provided that the
'II pipe was originally constructed or intended to be
constructed in this manner. Care shall be taken to
prevent the degradation of freshly poured troughs.
II
I' City of Fayetteville
D2-6(1) Sewer System Improvements
I
c. The bench and trough shall be cleaned of silt, I
debris or foreign matter of any kind.
3. Testing of Bench and Trough Replacements I
Test of bench and trough replacements for watertightness
in accordance with Section - Manhole Testing.
D. Measurement and Payment
Payment shall be based on the Contract Unit Price per each
bench and trough actually replaced. The Contract Unit Price
shall be payment in full for performing the work and for
furnishing all labor, supervision, materials, and equipment,
necessary to complete the work including removal of the
existing bench and trough, and installation and sealing of
the replacement bench and trough.
END OF SECTION D2-6
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City of Fayetteville
Sewer System Improvements D2-6(2)
I
D2-9 EXCAVATION
' A. General
1. Pipeline excavation work shall be accomplished under the
supervision of a person experienced with the materials
and procedures which will provide protection to existing
improvements, including utilities and the proposed
pipeline.
2. The alignment, depth, and pipe subgrades of all sewer
trenches may be determined by overhead grade lines
parallel to the sewer invert, or by the use of a laser.
' 3. Do not open more trench in advance of pipe laying than is
necessary. One hundred (100) feet will be the maximum
length of open trench allowed on any line under
construction. Adequately protect open trenches.
4. In the event hazardous wastes as defined by the Resource
Conservation and Recovery Act of 1976 (PL94-580) are
encountered work shall be halted and the Owner shall be
notified. Work shall be resumed only after the Owner
notifies the Contractor.
5. If the specified maximum trench widths are exceeded,
either through accident or otherwise, and if the Engineer
' determines that the design loadings of the pipe will be
exceeded, the Contractor will be required to support the
pipe with an improved trench bottom. The expense of such
' remedial measures shall be entirely the Contractor's own.
All trenching operations shall be confined to the width
of permanent rights -of -way, permanent easements, and any
temporary construction easements. All excavation shall
be in strict compliance with the Trench Safety Systems
Special Condition of this document.
6. Definitions
a. Rock Excavation
1 Rock excavation is the removal of rock ledges six (6)
inches or more in thickness, and detached rock or
boulders having a volume of more than 1-1/2 cubic
yards and shale occurring in its natural state, hard
and unweathered and which cannot be removed by normal
hand digging or with a backhoe, in the opinion of the
IEngineer.
D2-9(1) City of Fayetteville
Sewer System Improvements
U
A rock ledge is a continuous body of rock; which may 1
include interbedded seams of soft materials. Such
interbedded soft material less than 12 inches in
thickness will be included in the measurement of rock
excavation. Such seams 12 inches or greater in
thickness will be considered as earth excavations.
b. Earth Excavation
Earth excavation is the removal of all material not '
defined as rock. Included in earth excavation is
removal of existing paved surfaces including but not
limited to concrete curb and gutter, PCC pavement,
and bituminous pavement. I
c. Exploratory Excavation
Excavation to determine exact location and elevation ,
of underground utilities as directed by Engineer.
B. Materials I
Not specified. I
C. Execution
1. Open Cut Method (Trenching)
a. General 1
Open cut (trench) pipeline excavations except as
otherwise specified or approved by the Engineer.
Minimize inconvenience and disturbance to the general
public.
Sort and stockpile the excavated material so the
proper material is available for backfill.
b. Trench Depths
Excavate trenches to depths required for proper pipe
embedment. Overdepth excavation may be required when
the subgrade is unstable. Backfill overdepth
excavations with granular pipe embedment material,
unless otherwise directed by the Engineer.
c. Trench Walls
Undercutting of trench walls is not permitted. I
I
City of Fayetteville D2-9(2)
Sewer System Improvements
I
d. Trench Widths
1) The bottom width of the trench at and below the
top of the pipe and inside the sheeting and
bracing, if used, shall not exceed the trench
widths indicated on the Drawings.
2) If the allowable maximum widths are exceeded at
manholes, bore pits, tees, and in unstable earth
material, provide bedding adequate to develop the
required lateral support for the pipe and/or
provide a sufficient strength class of pipe to
accommodate the loading conditions as approved by
the Engineer.
e. Trench Safety
Trench safety shall be in accordance with
Section D1-10.
f. De -Watering
' 1) Should groundwater be encountered, Contractor
shall be responsible for utilizing a dewatering
I system(s) to remove water from the excavations.
Contractor shall install and operate dewatering
system(s) to achieve the following:
a) Keep excavations free from water.
b) Maintain groundwater a minimum of 24 inches
' below excavations.
c) Prevent displacement of surrounding soils.
2) Form dams, flumes or other works necessary to
keep the trenches clear of water while the sewers
and their foundations, and other foundation
' works, are being constructed. Remove water from
such excavation in a manner that does not damage
property.
3) Repair pit excavations shall be kept free of
water and sewage during sewer pipe replacements
through final inspection. Plug lines upstream
and if necessary provide bypass pumps of
sufficient capacity to reroute water and sewage
to a downstream manhole until pipe replacements
' have been completed and bedding material has been
effectively placed and compacted. No bypassed
wastewater from the sanitary sewer shall be
' allowed to discharge to natural or manmade
surface drainage. Where plugging only is used
for flow control, the Contractor shall monitor
upstream manholes and prevent excessive surcharge
conditions.
D2-9(3) City of Fayetteville
Sewer System Improvements
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g. Unsuitable Soil
When unsuitable soil conditions are encountered under
sewers below the depth of standard bedding, replace
the unsuitable material with granular material of
gradation approved by the Engineer.
h. Blasting Areas
(1) Blasting of any kind for rock excavation or any
other purpose will not be allowed unless approved
by the Engineer.
(2) When blasting is permitted by the Engineer the
Contractor shall use the utmost care to protect
life and property. The Contractor shall comply
with all laws, ordinances, and the applicable
safety code requirements and regulations relative
to the handling, storage and use of explosives
and protection of life and property, and he shall
be responsible for all damage thereto caused by
his or his subcontractor's operations.
(3) Contractor shall provide insurance as required by
the Owner before performing any blasting. The
governing agency shall be notified at least
24 hours before blasting operations begin.
2. Tunneling, Boring and Jacking (Augering)
a. General I
Furnish materials and necessary accessories, with
strengths, thickness, coatings, and fittings
indicated, specified and/or necessary to complete the
work.
All tunnel excavation shall provide an excavation
conforming to the outside diameter of the casing
and/or carrier conduit. The excavation shall be to
an alignment and grade which will allow the carrier
conduit to be installed to proper line and grade as
shown on the Plans and as established in the
Specifications.
b. Casing Pipe
Casing pipe shall be steel pipe conforming to
ASTM A 139 with a minimum diameter as shown on the
Drawings. Corrugated steel casing pipe will be
considered on a case by case basis.
1) Minimum wall thickness shall be in accordance
with the following table:
City of Fayetteville D2-9(4)
Sewer System Improvements
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Nominal Wall Thickness - Inches
Diameter of
Casing - Inches Under Railroads All Other Uses
• 14 0.250 0.188
' 16 0.282 0.188
17 0.312 0.250
20 0.344 0.250
22 0.375 0.250
24 0.406 0.281
26 0.438 0.281
28 0.469 0.312
30 0.469 0.312
32 0.500 0.312
34 0.531 0.312
36 0.563 0.344
42 0.563 0.375
48 0.563 0.375
60 0.563 0.375
2) Steel shall have a minimum yield strength of
35,000 psi.
3) Steel pipe shall have welded joints in accordance
with AWWA C 206.
c. Cement -Sand Fill
1 Annular space between lining and sewer pipe shall be
filled with stabilized cement -sand mixture from end
seal to end seal. The fill shall be placed inside
casing, tested and approved, in a manner that will
not disturb the alignment and/or grade of sewer pipe.
Cement -sand mixture used in casing conduits shall be
a mixture of one (1) part Portland Cement to five (5)
parts clean sand, thoroughly mixed prior to being
blown into the opening.
Id. End Seals
Construct end seals after sewer pipe has been
installed and approved. Brick shall be in accordance
with ASTM C 32, Grade SS or SM and mortar in
accordance with ASTM C 270.
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D2-9(5) City of Fayetteville
' Sewer System Improvements
e. Wood Skids I
Wood skids shall be provided as indicated on the Plans.
The wood shall be pressure treated with creosote,
pentachlorophenol, or salt type preservative in
accordance with APWA C 2. Cut surfaces shall be given
two (2) heavy brush coats of the same preservative. ,
Approved plastic collars are an acceptable alternative.
f. Carrier Pipe
Carrier pipe shall be Class 50 ductile iron pipe with
mechanical joints as specified in Section D2-13.
g. Initial Testing ,
Air pressure, and/or exfiltration test shall be
successfully performed on the carrier conduit prior to
filling the void between casing and carrier conduits
with grout or other material, or the sealing of the
ends of the casing conduits. ,
3. Excavation Techniques Near Tree
a. When working close to trees which are not to be removed
and replaced, open cut excavation shall not occur
within the tree drip line. Install fence to ensure
construction activities will not occur in this area.
B. Pipelines which are required to be installed within
this prescribed zone shall be installed using a "short
tunnel" method. Pipe grades shall be maintained as
indicated on the Drawings.
c. Short Tunneling shall consist of power augering or hand
excavation. The tunnel diameter shall not be larger
than 1-1/2 times the outside pipe diameter.
D. Measurement and Payment
Only items listed below will be measured for payment. All
other costs shall be included in the unit or lump sum prices
for the item affected thereby.
1. If Contractor chooses to tunnel or bore in place of open
cut, then no additional payment will be allowed for the
tunnel or bore unless specifically called for in the
drawings or noted otherwise in the specifications.
2. Exploratory excavations shall be paid at the Contract unit i
price per exploratory excavation and shall include
backfilling, compaction, and surface restoration.
City of Fayetteville D2-9(6)
Sewer System Improvements ,
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3. Rock excavation shall be measured and paid for at the
Contract Unit Price per cubic yard in place. The trench
width for payment purposes shall be the actual trench
width or the maximum allowable trench width, whichever is
smaller. The maximum depth for payment purposes shall be
one -quarter (1/4) of the outside pipe diameter below the
' bottom of the pipe or six inches whichever is greater.
Payment shall be made only if standard excavation
techniques cannot remove the rock. Pipe bedding required
in rock excavation areas in excess of the normally
specified bedding is not an eligible pay item.
4. Trench foundation material shall be paid for at the
contract unit price per cubic yard to include all
excavation, removal of the unsuitable soil, and
replacement with approved trench foundation material.
Quantities shall be based on the maximum allowable trench
width or the actual quantity installed, whichever is
less.
1• 5. Sewers in casing pipe, where the casing pipe is augured
in place, shall be measured along the centerline of the
casing. Payment shall be at the Contract Unit Price per
1 foot of sewer include excavation, except rock excavation,
and backfill on the auguring and receiving pits, trench
backfill, compaction, carrier and casing pipe,
restoration, and all labor and material.
6 Tree protection fencing will not be paid for separately,
but will be included in the cost of work items being done
1 in the area affected. Short tunneling will not be paid
for separately, but will be included in the cost of work
items in the area affected. It is the intent of these
specifications that all major trees are to be saved
(6" dia. and above). The Contractor is responsible for
determining in his bid, what and how many trees may be
affected by his work.
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END OF SECTION D2-9
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D2-9(7) City of Fayetteville
Sewer System Improvements
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ID2-10 BACKFILL
IA. General
1. This section governs all labor, equipment, materials and
testing required to properly backfill trenches and
excavations around manholes and structures.
2. No granular embedment or other backfill material shall
be used by the Contractor without approval by the
Engineer.
B. Materials
1. Trench Foundations Materials: Three-inch minus river -
run or pit -run gravel, free from clay balls, roots, and
organic matter; well crushed gravel or crushed rock
graded with less than 8 percent by weight passing the
1 1/4 -inch sieve. Submit samples for approval prior to
delivery of the material to the site. Trench foundation
material shall only be used where unsuitable soil
conditions are encountered under sewers before the depth
of standard embedment as defined in Section D2-9.
2. Embedment:
a. Embedment material shall be 1-1/2 inch minus crushed
gravel or crushed rock, free from dirt, clay balls,
and organic material, well graded from coarse to
fine, containing sufficient finer material for
proper compaction, and less than 8 percent by weight
passing the No. 200 sieve. Arkansas Highway and
Transportation Department classification "Class -7
Base" shall qualify as embedment material.
b. Grit
Imported crushed limestone screenings from concrete
coarse aggregate, maximum size 1/2 -inch.
3. Trench Backfill: Trench backfill will be divided into
the general classification as follows:
a. Street Backfill: Street backfill material above the
pipe embedment material shall be crushed stone so
proportioned as to meet the requirements for a Class
7 aggregate as specified in Table 303-1 of the
Arkansas State Highway and Transportation Department
Standard Specifications for Highway Construction.
I D2-10(1) City of Fayetteville
Sewer System Improvements
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b. Trench Backfill: Backfill for trenches in unpaved I
areas shall meet the following requirements:
(1) Excavated material free from roots, organic
matter, trash, debris, rocks larger than
12 inches, and other deleterious materials.
Suitable material may be obtained by the ,
Contractor from the excavation for the proposed
pipelines. Provide imported material of
equivalent quality, if required to accomplish
the work.
C. Description 1
1. The Contractor shall be responsible for the furnishing
of all labor, supervision, materials, equipment and
testing for the completion of backfill operations in
accordance with the Contract Documents.
a. Unless otherwise specified, all sewer trenches and
excavation around structures shall be backfilled to
the original surface of the ground.
b. The Contractor shall be responsible for all damage "'
or damages which might occur as a result of the
settlement of trench or other backfill made by him
in the fulfillment of these Contract Documents,
within and during a period of two (2) years from and
after the date of final acceptance thereof by the
Owner, including the cost to the owner of all claims
of damages filed with and court actions brought
against the said Owner for and because of such
damage, and the repair to the satisfaction of the
Owner of any and each pavement, driveway, curb,
slab, walk, or structure damages by such backfill
settlement. '
2. "Pavement Areas" shall be defined as all streets, paved
alleys, parking areas, driveways, curbs and gutters, and
sidewalks.
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Execution
1. General
a. Remove trash and debris from the excavation prior to
backfilling.
b. Backfilling trenches and excavations to the original
ground surface unless otherwise indicated on the
Drawings.
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City of Fayetteville D2-10(2)
Sewer System Improvements
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c. Carefully place backfill materials to avoid damage
to or displacement of the pipeline and other exposed
utilities or structure.
d. Do not backfill with frozen material or when a
blanket of snow prevents proper compaction.
Backfill shall not contain waste material, trees,
organic material, rubbish or other deleterious
substances.
e. The backfill material shall be placed in lifts.
Each lift shall be compacted to the required density
prior to the next lift being placed.
1 f. In gardens or flower gardens, the original topsoil
shall be replaced to original elevation, location,
and depth. Minimum depth shall be twelve (12)
inches.
2. Backfilling in Street Right -of -Way and Pavement Areas
a. Backfill trenches under and within 2 feet of all
existing and proposed pavement, driveway pavement,
1 sidewalk, and curb and gutter using granular trench
backfill.
b. Granular trench backfill shall consist of the
jfollowing:
Class 7 crushed limestone conforming to the
' reference standard.
c. Compaction Method
Granular trench backfill shall be mechanically
compacted in layers of twelve inches loose measure.
Each layer shall be firmly compacted to 95 percent
of maximum density as determined by ASTM D 1557
(Modified Proctor Test). Material may be compacted
by tamping or by using surface vibrators in such a
manner as not to disturb or injure the pipe. At
least 48 inches of cover over sewer pipe shall be
provided before using mobile trench compactors of
the hydrohammer or impactor type.
d. Undermining of Paved Surfaces
' Where undermining of paved surfaces has occurred,
Contractor shall remove the paved surface above the
undermined area prior to placing backfill.
' e. Temporary Paved Surface
Provide cold mix asphalt at a minimum depth of
2 inches for a riding surface in all sewer trenches
in paved areas.
' D2-10(3) City of Fayetteville
Sewer System Improvements
I
Backfilling in Areas Other Than Street Right -of -Way and
Pavement Areas
a. Backfill trenches using acceptable job excavated
materials or as directed by the Engineer.
b. Backfill in layers of eighteen inches maximum and
mechanically compact to 90 percent of maximum
density as defined by ASTM D 1557 (Modified Proctor
test).
c. Place a minimum of 18 inches of granular backfill
above the top of pipe in areas where the existing
surface elevation is less than 24 inches above the
proposed top of pipe. The granular backfill shall
extend on foot from each side of the pipe and shall
be placed at a 1:1 slope to bedding material or the
existing ground surface.
4. Testing
All density tests shall be performed by per A.S.T.M.
standards by an independent testing laboratory whose
qualifications have been reviewed by the Engineer.
a. Tests shall be performed at two (2) feet vertical
intervals beginning at a level two (2) feet above
the top of all installed pipes and continuing to the
top of the completed backfill, at intervals along
the trench not to exceed 300 linear feet, to assure
a minimum density of 95 percent Proctor. Test
reports shall be furnished to the Engineer upon
completion of testing, as part of the qualification
for acceptance of the installed pipe. The Engineer
expects to perform unannounced spot checks of the
compaction tests for verification and control
purposes. These spot checks will be performed by
Engineer at Owner expense and will not be charged to
the Contractor. However, the Contractor will be
responsible for providing access and trench safety
system to the level of trench backfill to be tested.
No extra compensation will be allowed for exposing
the backfill layer to be tested or providing trench
safety system for tests conducted by the Engineer.
Any compaction tests performed by the Engineer as
described above will be performed by the Engineer
personnel at the Owner's expense and will not be
charged to the Contractor. I
b. The cost of providing access to the level of trench
backfill to be tested will be a cost to the
Contractor, and no extra compensation will be
allowed for exposing of the backfill layer to be
tested by the Owner. ,
City of Fayetteville D2-10(4)
Sewer System Improvements
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C. Trench compaction tests not conforming to specified
densities shall be paid for by the Contractor at no
additional cost to the Owner.
' 5. Responsibility of Contractor for Backfill Settlement
Wherever trenches or other excavations made by the
Contractor in the performance of work under these Contract
Documents have not been properly filled, or where
settlement has occurred at any time prior to the
1 completion of the entire work covered by these Contract
Documents, to the extent that the top of the backfill is
below the original ground surface, such trenches shall be
i refilled and backfill surface compacted and smoothed to
conform to the elevation of the adjacent ground surface.
All sod in lawns damaged by reasons of such settlement,
and the repair thereof, shall be replaced.
E. Measurement and Payment
1. Payment for the work in this Section will be included as
part of the unit price and lump sum bid amounts stated in
the Proposal.
2. Payment for trench foundation material will be based on
the Contract Unit Price per cubic yard based on the
quantity per linear foot for the respective size of
conduit shown on the maximum trench width chart indicated
on the drawings. Additional material necessary because
the trench is wider than the maximum width indicated,
shall be at the contractors expense and not measured. No
measurement and payment shall be made for existing
material which is reused. Payment for this item shall
constitute full compensation for all materials, labor,
equipment, and incidentals necessary to furnish material
at trench side and for placing and compacting it in the
trench and for the extra depth of trench excavation
required below the pipe base grade to provide for a stable
1 base for the pipe. This item is to provide for unstable
base encountered in the progress of the work and shall be
used only at the direction of the Engineer.
3. No separate payment will be made for protecting, repairing
and/or replacing existing culverts.
4. All costs involved in performing the trench compaction
tests made by independent laboratories shall be included
in the price bid for Trench Compaction Tests.
Is. No separate payment will be made for the 2 inches of cold
mix asphalt placed in sewer trenches in the pavement
areas.
END OF SECTION D2-10
D2-10(5) City of Fayetteville
Sewer System Improvements
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D2-11 SANITARY SEWER REPAIRS
A. General
1. Scope
' This section governs all work, materials and testing
required for point repairs of defective sanitary sewer
lines. Sanitary sewer lines requiring repairs are
designated on the Drawings. Any additional pipe
' sections or service connections which are observed by
the Contractor to be defective shall also be replaced as
directed by the Engineer.
2. Description
The Contractor shall be responsible for the furnishing
of all labor, materials, supervision, equipment and
final testing required for the completion of sanitary
sewer line point repairs in accordance with the Contract
Documents. The locations of the designated repairs are
shown on the Drawings.
a. Pipe point repairs to eliminate direct or indirect
connections between the storm system and sanitary
sewers are intended to eliminate inflow sources.
The specified work is intended to eliminate the flow
of stormwater from the storm sewer system to the
sanitary sewer while minimizing work on the storm
sewer system. The Contractor shall limit work on
the storm sewer system to the sanitary sewer repair
area where storm sewers cross the sanitary sewer.
b. Other pipe point repairs are intended to eliminate
defects allowing groundwater infiltration into the
sanitary sewer system..
• c. Work associated with sanitary sewer line point
repairs shall include replacement of defective
building service lateral connections and building
I service lateral pipes as shown on the Drawings.
3. Drawings
Rehabilitation notes are given on the Drawings
specifying individual sewer line point repairs at
specific locations. Details are also shown on the
Drawings which are applicable to individual repairs.
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D2 -11(l) City of Fayetteville
Sewer System Improvements
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B. Materials ,
1. Pipe and Fittings
a. Pipe and fittings shall be as specified in 1
Section D2-13.
2. Sewer Pipe Material Utilization ,
a. Ductile Iron Pipe shall be utilized to meet minimum
vertical and horizontal separation with potable
water mains.
b. PVC pipe may be utilized for sanitary sewer
installations 15 inches in diameter and smaller.
c. Reinforced concrete pipe shall be utilized for storm
sewers.
3. Rubber Couplings and Stainless Steel Clamps
Rubber couplings for replacement pipe connection to ,
existing pipe shall be as manufactured by Mission Rubber
Co., Fern Co., or equal. Rubber couplings shall be
fastened using two type C-305 stainless steel adjustable
clamps to provide a leakproof seal.
4. Pipe Embedment I
Pipe embedment shall be as specified in Section D2-10.
5. Specifically designed adaptor couplings shall be used 1
for the connection if dissimilar pipe material must be
connected.
6. Storm Sewers Inlets, Catch Basins, Manholes
Storm Sewers Inlets, catch basins or manholes removed
shall be replaced with precast units with dimensions to
match existing structures. Frames and grates shall be
reused.
C. Execution
1. Videotapes of Surface Conditions
The existing surface area of each work location shall be 1
videotaped, in accordance with Section D1-3, prior to
any excavation.
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City of Fayetteville D2-11(2)
Sewer System Improvements '
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2.
3.
4.
Site Preparation
Site preparation shall be as specified in Section D2-1,
"Site Preparation".
Excavation of Repair Pits
Excavation of repair pits shall be as specified in
Section D2-9.
Procedures for Repair
a. Replacement pipe shall be placed in the same line
and grade of the existing pipe sections. The
condition of the pipe sections upstream and
downstream of the specified repair location shall be
inspected and, if defective, the Engineer will
determine if additional repairs are necessary. If
additional pipe repairs of five feet or less are
required, no additional compensation shall be made.
b. When specified repairs cannot be made because of
physical limitations at the site, the Engineer shall
be promptly notified. Alternate repair techniques
shall be evaluated in cases where conventional
repairs are not practical. Change orders may be
required for alternate repairs. Sewer line repair
pits shall remain uncovered until an inspection by
the Engineer has been made.
c. Excavate repair pit and uncover the main line sewer
a minimum of one foot clearance all around at the
damaged section or as directed by the Engineer, and
remove damaged pipe by powersaw cutting to a flat
vertical surface. If pipe with bell end is removed,
spigot end shall be saw cut and removed a minimum
length of the pipe bell. New sanitary sewer pipe to
be used in the replacement shall be powersaw cut to
a flat vertical surface.
d. Defective pipe sections and service connections
shall be removed by cutting the pipe past the bell
end, if necessary, to allow for the use of rubber
coupling. Replacement pipe lengths shall be cut to
within one-fourth inch of the required replacement
pipe length and attached to the existing pipe with
appropriate sized rubber couplings. Defective
service connections shall be replaced with
appropriate sized tee, and rubber couplings. All
couplings shall be secured with stainless steel
bands. Pipe bedding under the replacement pipe
section shall be a minimum thickness equal to 1/4
the outside diameter of the sewer pipe but not less
than six inches.
D2-11(3) City of Fayetteville
Sewer System Improvements
I
e. Defective service connections in sewer lines
sliplined with polyethylene pipe shall be repaired
with a saddle. The Contractor shall remove the
appropriate amount of carrier pipe to allow the
saddle to be directly connected to the outside wall
of the liner pipe. After installation of the
saddle, the Contractor shall completely encase the
saddle and the exposed liner in concrete. Care
shall be used not to damage the liner during the
repair. If damage occurs to the liner as a result
of the Contractor's operations, the Contractor shall
assume all costs associated with the repair of the
liner.
f. The Contractor shall verify by testing all service
connections in the repair area to determine if they
are active or inactive. Only active services shall
be reconnected to the sanitary sewer system.
Inactive services shall be plugged with hydraulic
cement. The Contractor shall be responsible for any
liability associated with the accidental plugging of
active services.
g. Where a replacement of service laterals under storm
sewers is specified, a minimum vertical separation
of 18 inches shall be maintained. Where the minimum
separation cannot be maintained because of grade
restrictions, the service lateral shall be replaced
with ductile iron pipe a distance of at least
5 linear feet on each side of the storm sewer.
h. Replacement of sanitary service connections shall
include the filling of any voids which may be found
to exist around the lateral. The void space shall
be filled with hydraulic cement or other approved
material for a minimum distance of three feet.
i. Where the existing service lateral pipe is found to
be in such a deteriorated condition that the
specified reconnection cannot be made, the Engineer
and Owner shall both be notified. Change orders may
be required for additional replacement of the
service lateral..
j. When more than one pipe section is to be replaced
consecutively, the conventional bell and spigot
joint with a compression joint will be utilized on
the interior pipe sections. The entire replacement
length will then be joined to the existing line by
means of rubber couplings.
City of Fayetteville D2-11(4)
Sewer System Improvements
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k. Seal joints within the repair pit that appear to be
open or in poor condition but the barrel of the pipe
is still good. Roots in open joints shall be removed
before sealing. This situation may or may not exist.
All determinations for sealing joints shall be made by
the Engineer.
Joints that are open or in poor condition shall be
cleaned and packed with a butyl rubber sealant and
encased in quick setting, non -shrink concrete followed
by encasement with concrete. The encasement shall be
centered on the joint, have a minimum thickness of six
inches, and have a minimum length equal to the pipe
diameter and not less than twelve inches.
Methods for sealing open joints other than that
described above shall be submitted to the Engineer for
approval.
5. Polyethylene Wrapping
Polyethylene material for pipe encasement shall meet the
requirements of ANSI/AWWA C -105/A21.5-82, or latest
revision thereof. Wrapping shall be required for all
ductile iron pipe.
6. Clay or Concrete Dam
Bentonite clay dams or concrete dams shall be constructed
at each connection location of replacement pipe with the
existing pipe as shown on the plans or directed by the
Engineer. Clay dams are to be constructed to control the
migration of groundwater along and into the sanitary sewer
beyond the limits of the repair. Hand excavate a minimum
of six inches around the outside of the existing sanitary
sewer or sanitary service lateral and a minimum of six
inches into the trench wall along the existing pipe at
each end of the repair trench. The hand excavated void
around the existing pipe shall be filled with bentonite
clay pellets and a form used to hold the clay pellets in
place. The form may be left in place after backfilling
and restoration.
7. Backfill and Surface Restoration
1 a. Backfilling shall be as specified in Section D2-10.
b. Surface restoration shall be as specified in
Section D2-16.
c. Contractor shall verify with the respective property
owners the particulars of all easement conditions
(c.f. Section F) prior to. any site preparation, work,
or restoration.
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D2-11(5) City of Fayetteville
Sewer System Improvements
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Testing Repaired Sewer Lines I
Testing of sewer lines for watertightness and structural
integrity following point repairs, and house service
connection renewals shall be as specified in Section D1-8.
D. Measurement and Payment
1. This work shall be paid at the Contract price for each
individual job number. The price shall be payment in
full for performing the work as specified herein. Costs
for all materials and labor, existing pipe removal and
disposal, pipe bedding and backfill material, including
service connection reinstatement, temporary surface
restoration, final surface restoration, and internal
television inspection before and after repair shall be
included in the Contract price for each individual job
number.
2. The lump sum bid price shall be eligible for 60 percent
of the bid price after the repair is made, an additional
10 percent is eligible after testing is completed, and
an additional 30 percent is eligible after surface
restoration is completed. If additional pipe required
deviates by five feet or less from those lengths listed
on the Plan Sheets, no additional compensation shall be
made. Additional compensation may be approved by the
Engineer for installation of pipe lengths in excess of
five additional feet under pay item 2A1, 2A2 and 2A3.
END OF SECTION D2-11 '
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City of Fayetteville D2-11(6)
Sewer System Improvements '
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D2-13 SANITARY SEWER CONSTRUCTION
A. General
1. Scope
This Section governs all work, materials and testing
required for installation of gravity pipelines of the
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respective types and sizes shown on the Drawings for the
particular location and conforming to the requirements
of these specifications. Sanitary sewer point repair
' requirements are covered in Section D2-11. All
pipelines shall be constructed to proper line and grade
as shown on the Drawings and shall result in an
unobstructed, smooth and uniform conduit.
2. Description
Sanitary sewer construction shall consist of furnishing
all labor, materials and equipment for the complete
installation of sewers and appurtenances in accordance
1 with the Contract Documents.
3. Revisions of Standards
When reference is made to a Standard Specification i.e.
ASTM, ANSI, AWWA, MCIB, the Specification referred to
shall be understood to mean the latest revision of said
specification as amended at the time of the Notice to
Bidders, except as noted on the Drawings or in the
Specifications.
B. Materials
' 1. General
This section governs materials required for pipeline
construction.
a. Requirements
Furnish pipe of materials, joint types, sizes, and
strength classes indicated and specified. Higher
strengths may be furnished at the Contractor's
option, at no additional cost to the Owner.
b. Manufacturer
The manufacturer shall be experienced in the design,
manufacture and commercial supplying of the specific
' material.
D2-13(1) City of Fayetteville
Sewer System Improvements
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c. Testing I
Testing shall be performed by the manufacturer's
quality control personnel in conformance with
applicable standards. Testing may be witnessed by
Owner, Engineer, or an independent testing
laboratory. The Contractor shall provide three (3)
copies of certified test reports indicating that
material does conform to the specifications.
d. Handling ,
The manufacturer and contractor shall use equipment
and methods adequate to protect the pipe, joint
elements and prevent shock contact of adjacent unit
during moving or storage. Damaged sections that
cause reasonable doubt as to their structural
strength or watertightness will be rejected. ,
Pipe, Fittings, Joints, Coatings and Linings
a. General 1
Furnish pipe and fittings of materials, joint types,
sizes, strength classes, coatings and linings as
indicated and specified.
Rubber couplings shall be as manufactured by Mission.
Rubber Co., Fern Co., or equivalent. Rubber
couplings shall be fastened using two type C-305
stainless steel adjustable clamps to provide a ,
leakproof seal.
b. Ductile -iron pipe and fittings shall be Class 50 '
conforming to ASNI A21.51, except as otherwise
specified herein.
1) General
Furnish maximum pipe lengths normally produced
by the manufacturer, except for fittings,
closures, and specials.
2) Joints
Mechanical and push -on joints for pipe and
fittings shall conform to the requirements of
ANSI A21.11. Flanged joints for ductile iron
pipe and fittings shall conform to the
requirements of ANSI A21.10. Gaskets shall be
neoprene or other synthetic rubber material. '
Natural rubber gaskets will not be allowed.
City of Fayetteville D2-13(2)
Sewer System Improvements
3) Fittings
Fittings shall be in accordance with ANSI/AWWA
C 110/A21.10 and shall have a pressure rating of
not less than that specified for the pipe.
Fittings used with ductile iron pipe shall be
ductile iron or cast iron. Fittings for pipe
' with mechanical joints shall have mechanical
joints. Fittings for pipe with push -on joints
shall have either mechanical joints or push -on
joints.
4) Coatings
Where required pipe and fittings shall be
furnished with exterior bituminous coating
conforming to ANSI A21.51.
5) Linings
Polyethylene Lining: Polyethylene complying
' with ANSI/ASTM D-1248 fusion bonded to the
interior of pipe and fittings. The material
shall be compounded to prevent ultraviolet
degradation during storage above ground. The
standard nominal thickness of the lining shall
be 40 mils. After lining, the product shall be
tested for voids and holidays in accordance with
ASTM G-62, Method B, using a 7500 volt High
Voltage Tester.
IC. SDR 26 Polyvinyl Chloride (PVC) Plastic Sewer Pipe
and Fittings shall conform to ASTM D-3034 for pipes
4 inches through 15 inches in diameter. SDR 26
Polyvinyl Chloride (PVC) sewer pipe and fittings
' shall conform to ASTM D-2241 for pipes 18 inches in
diameter.
Ii) Furnish maximum pipe lengths normally produced
by the manufacturer except for fittings,
closures and specials.
1 2) The pipe shall be made of PVC plastic having a
cell classification of 12454 B, or 12454 C as
defined in ASTM D 1784. The resin portion of
the copolymer compounds shall contain a minimum
of 90 percent vinyl chloride and the compounding
ingredients shall not exceed 10 percent by
weight. The compounding ingredients may consist
of lubricants, stabilizers, non poly (vinyl
chloride) resin modifiers, and pigment essential
' for processing, property control, and coloring.
Certification of resin compounding shall be
provided by the pipe manufacturer prior to
shipment to the job site.
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D2-13(3) City of Fayetteville
Sewer System Improvements
One test to verify resin compounding may be
required by the Owner or Engineer. The test
shall be performed by an independent testing
laboratory to which the Owner has no objection
and shall be performed on a sample of pipe
obtained from the job site. The test shall be
performed at no additional cost to the Owner and
shall be performed in accordance with ASTM D 817
- Ash Determination for pipe manufactured with
primarily noncombustible compounding
ingredients.
3) Pipe shall have an integral wall bell and spigot '
joint and a minimum wall thickness conforming to
SDR 26.
4) Joints shall conform to ASTM D 3212. Joints
shall be push -on type only with the bell -end
grooved to receive a gasket.
(gasket) shall have a basic
rubber conforming to ASTM F
gaskets will not be allowed.
Elastomeric seal
polymer of synthetic
477. Natural rubber
5) Fittings defined as tee or wye connections
suitable for assembly to four (4) inch or six
(6) inch building service lines shall be bell -
end with a minimum wall thickness conforming to
SDR 26 and shall be furnished by the pipe
manufacturer.
d. Polyvinyl Chloride (PVC) Plastic Water Pipe
The pipe material shall be Polyvinyl Chloride (PVC)
meeting the requirements of ASTM D 1784, with a cell
classification of 12454-B. The standard Dimensional
Ratio for the pipe will be DR14 (Class 200)
conforming to AWWA 900.
e. Non -Metallic Water and Sanitary Sewer Pipe Detection
1. The detectable tape shall be "Detect Tape" as
manufactured by Allen Systems, Inc. or approved
equal, and shall consist of a minimum thickness
0.35 mils solid aluminum foil encased in a
protective inert plastic jacket that is
impervious to all known alkalis, acids, chemical
reagents and solvents found in the soil. The
minimum overall thickness of the tape shall be
5.5 mils and the width shall not be less than
2 inches with a medium unit weight of 2-1/2
pounds/1" x 1000'.
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City of Fayetteville D2-13(4)
Sewer System Improvements
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2. The tape shall be color coded and imprinted with
'the message as follows:
Type of
Utility Color Code Legends
Water Safety Precaution Caution Buried
Blue Water Line Below
Sewer Safety Green Caution Buried
Sewer Line Below
C. Installation
' 1. General
' a. Install pipelines in accordance with the applicable
reference standard listed below and as specified
herein.
1 1) ASTM D 2321 - PVC Solid Wall, PVC Composite
Wall.
2) AWWA C 600 - Installation of Ductile Iron Water
Mains and Appurtenances.
2. Site Preparation and Excavation
a. Site preparation shall be as specified in
Section D2-1.
b. Excavation shall be as specified in Section D2-9.
c. All existing lines which are to be abandoned shall
be internally inspected to identify locations of all
existing service connections.
' 3. Pipe Embedments
' a. Install a minimum of 6 inches of pipe bedding at all
locations except where the pipe is encased in
concrete.
b. Place pipe bedding below and on the sides of the
pipe as indicated in the typical trench details on
the Drawings.
' c. Compact bedding and dig bell holes for bell and
socket pipe so that the pipe is uniformly supported
for its entire length and will be true to line and
grade after installation.
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I D2-13(5) City of Fayetteville
Sewer System Improvements
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d. After each pipe has been brought to grade, aligned,
and placed in final position, extend the bedding to
the pipe spring line. Shovel slice sufficient
bedding material under the pipe haunches and on each
side of the pipe to hold the pipe in proper position
during subsequent pipe jointing, bedding, and
backfilling operations. Embedment material shall
then be added to a compacted depth of twelve (12")
inches above the top of pipe.
e. Place pipe that is to be concrete encased in proper
position on temporary supports consisting of wood
blocks or bricks with wood wedges. When necessary,
anchor or weight the pipe to prevent flotation when
the concrete is placed.
f. Place concrete for embedment or encasement uniformly
on each side of the pipe and deposit at
approximately its final position. Do not move
concrete more than five (5) feet from its point of
placement.
4. Pipe Laying
a. Pipe laying shall not proceed if the trench width as
measured at the top of pipe exceeds the maximum
allowable trench width. If this occurs the
Contractor shall provide, to the approval of the
Engineer better bedding for the pipe or pipe of
sufficient strength to provide safe supporting
strength.
b. Store and handle pipe and fittings with care to
prevent damage thereto. Do not use hooks to
transport or handle pipe or fittings. Do not drop
pipe or fittings.
c. Rejected pipe and fittings shall be marked and
removed from the Project Site at no cost to the
Owner. Examine pipe and fittings for soundness and
specification compliance prior to placement in the
trench.
d. Clean joint contact surfaces prior to jointing. Use
lubricants, primers, or adhesives as recommended by
the pipe or joint manufacturer.
e. Pipe laying normally shall begin at the lowest
point.
f. Unless otherwise required, lay all pipe straight
between manholes. Excavate bell holes for each pipe
joint. When jointed, the pipe shall form a true and
smooth pipeline.
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City of Fayetteville D2-13(6)
Sewer System Improvements
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g. Plug pipelines at the end of each day's progress.
Utilize plugs or other positive methods of sealing
at all times to protect any existing system from
entrance of stormwater or other foreign matter.
Contractor shall reconnect the existing active
service connections and activate the sewer line as
directed by the Engineer.
5. Building Service Laterals
' a. Unless otherwise noted on the plans, all active
service connections on sewer segments to be
abandoned or removed and replaced shall be connected
Ito the proposed sanitary sewer. Contractor shall be
responsible for locating service connections prior
to construction.
b. Install tees at an angle of no more than forty-five
(45) degrees or less with pipe springline, for pipe
sizes 8 through 21 inch diameter.
' c. Reconnection of building service shall include
replacement of 4 linear feet of service lateral.
' d. Install Building service lines with a straight
alignment and at a uniform grade not less than one
(1) percent unless otherwise specified. Embedment
' shall be same as main sewer. When a building
service line grade exceeds twenty (20) percent,
pipeline anchors shall be installed as required for
' anchors, with the first anchor not more than twelve
(12) nor less than seven (7) feet upstream of the
wye.
' e. Maintain an accurate record for submittal to the
Engineer of location, size and direction of each
tee, saddle and/or location, size and length of each
' building service line. Locations shall use the
pipeline stationing as shown on the Plans, or the
distance from the first downstream manhole.
' f. Contractor shall verify by testing all service
connections to determine if they are active or
inactive. Only active services shall be connected
to the existing sanitary sewer system. Inactive
services shall be plugged with hydraulic cement. In
addition, the Contractor shall be responsible for
• any liability associated with the accidental
plugging of active services.
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I D2-13(7) City of Fayetteville
Sewer System Improvements
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g. All service laterals shall be inspected by the
Owner's Representative prior to reconnection to the
replacement sewers. If the service laterals are
found to be in a deteriorated condition in the
opinion of the Owner's Representative, then the
Contractor shall replace the service lateral to the
property line as directed by the Owner's
Representative.
h. All service lateral connections shall be tee
fittings.
6. Extension of Service Laterals
Service laterals which require a connection to the
relief/replacement sewer greater than four (4) feet in
length, measured horizontally, shall be considered a
service lateral extension. The service location for all
abandoned, replacement, or relief sewer shall be
determined prior to excavation. The extension pipe
shall be laid to provide sufficient slope to the new
sanitary sewer not less than two (2) percent unless
otherwise specified. All building lateral extensions on
private property shall be made by a licensed Master
plumber.
7. Anchors
Anchor pipelines in accordance with the table below:
PIPELINE ANCHORS
Percent Center to Center 1
of Grade Max. Spacing (Feet)
0-20 Not Required
20-35 36
35-50 24
>50 16 ,
The anchor shall be made of concrete or other material
approved by the Engineer. Concrete anchors shall have a
minimum thickness of twelve (12) inches. The anchor
shall extend not less than one (1) foot into undisturbed
earth on the sides and bottom and one (1) foot above top
of pipe. In incompressible material, the above
dimensions may be six (6) inches each side and bottom.
The anchor shall support a joint fitting.
8. Connection of Pipes of Dissimilar Materials '
Connect different pipe materials using proprietary
transition couplings, that will provide permanent and
watertight connections which will withstand the
hydrostatic test pressure.
City of Fayetteville D2-13(8)
Sewer System Improvements
' 9. Sewer Pipe and Water Main Separation
Sanitary sewers, house sewers or storm drains that are
laid in the vicinity of pipe lines designated to carry
potable water shall meet the following conditions.
a. Parallel Installation - Sewers and Water Mains
1 1) Normal Conditions - Any sanitary sewer, storm
sewer or sewer manhole shall be located at least
ten (10) feet in all directions from water
mains, whenever possible; the distance shall be
measured from edge to edge.
' 2) Unusual Conditions - Where the ten (10) foot
separation cannot be achieved, the vertical
separation shall be a minimum of two (2) feet
between outside diameters and the horizontal
separation shall be a minimum of four (4) feet.
The sewer shall be located below the water main.
b. Crossings - Sewers and Water Mains
1) Normal Conditions - A vertical separation of at
least 18 inches shall be maintained between any
'potable water supply and sanitary sewers.
2) Unusual Conditions - When local conditions
prevent a vertical separation as described
above, the water main can be relocated.
' 10. Drainage Course Crossing
Pipelines that cross well-defined drainage courses and
have less than three (3) feet of cover shall be ductile
iron or concrete encased. The length of ductile iron
pipe or concrete encasement shall be as indicated, or if
not indicated, as specified by the Engineer.
11. Polyethylene Wrapping
Polyethylene material for pipe encasement of all ductile
iron pipe shall meet the requirements of ANSI/AWWA
C -105/A21.5-82, or latest revision thereof.
12. Non -Metallic Water and Sanitary Sewer Pipe Detection
Detectable underground utility warning tapes which can
be located from the surface by a pipe detector shall be
installed above non-metallic pipe.
Installation of detectable tapes shall be per
manufacturer's recommendation and shall be as close to
the grade as is practical for. optimum protection and
detectability. Allow a minimum of 18 inches between the
tape and the line.
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D2-13(9) City of Fayetteville
Sewer System Improvements
13. Backfill
Backfill trenches as specified in Section D2-10. Clay
dams or concrete dams (1500 psi minimum) shall be placed
at locations as shown on the Contract Drawings, or as
directed by the Engineer.
14. Testing
Test new sanitary sewers in accordance with
Section D1-9.
15. Bypass Pumping
Perform bypass pumping for flow control. No bypassed
wastewater shall discharge to natural or manmade
drainage structures.
16. Abandonment of Manholes '
a. Prior to the abandonment of a manhole, Contractor
shall verify that no existing services will be
affected.
b. The top of the manhole shall be lowered to an
elevation at least 24 inches below final grade.
c. All pipes shall be plugged with hydraulic cement, to
a minimum depth of 1 foot. After the cement has
set, the manhole shall be filled with thoroughly
tamped sand or Class 7 Base. Surface restoration
shall be compatible with surrounding surface. ,
d. Frames and covers shall be removed from the site and
delivered to the Owner.
17. Pipe Plugging and Sanitary Sewers to be Abandoned
a. Prior to the plugging of a sewer segment, Contractor I
shall verify that no existing services will be
affected.
b. Physically remove sanitary sewer pipe outside of the ,
manhole for a minimum distance of one foot.
c. Fill pipe for a minimum length of one foot with
hydraulic cement. Fill void outside of manhole with
hydraulic cement, and repair manhole wall.
18. Relocation of Water Mains ,
Relocate water main and water services to meet the
minimum requirements of the City of Fayetteville Water
Department.
City of Fayetteville D2-13(10)
Sewer System Improvements
19. Clay Dams
Clay dams shall be in accordance with Section D2-11.
1 D. Measurement and Payment
' Only items listed below will be measured for payment. All
other costs shall be included in the unit or lump sum prices
for the item affected thereby.
' 1. Sewer Pipe
Sewer pipe of the respective type, size, and/or strength
' including specified pipe embedments (other than
concrete), and testing will be paid for at the Contract
Unit Price per linear foot of pipeline actually required
land installed, measured along the centerline of the
pipeline from center of manhole to center of manhole.
This item includes costs for location of existing
services, excavation, existing pipe removal and disposal
(for open cut only), furnishing and placing pipe
embedment materials, tees, furnishings and placing pipe,
fittings and joint material, making connections to pipe
of dissimilar materials, making connections to manholes,
backfill, testing, and any resulting restoration and
repairs and incidental and appurtenant work required to
complete the item. Restoration in paved areas will be
' paid for in accordance with the Bid Schedule for the
various applicable categories affected by the sewer
construction.
' 2. Trench Depth
Depth categories for payment purposes shall be zero to
six feet and four foot increments for pipe depths
greater than six feet. Trench depth shall be measured
from the surface of the ground to the flow line of the
' pipe. Exceptions to this section include boring and
jacking where no depth categories for payment purposes
shall be applicable.
3. Connect Service Laterals
Payment for connection of service laterals to the
proposed replacement/relief sewer shall be at the
Contract Unit Price indicated. Payment shall include
4 linear feet of the service lateral which may be
required to connect the service lateral to the proposed
replacement/relief sewer. Payment shall also include
trench backfill, restoration (unpaved areas only) and
testing.
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I D2-13(11) City of Fayetteville
Sewer System Improvements
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4. Extension of Service Laterals
Payment for extension of service laterals from the
initial four (4) feet of lateral shall be at the
Contract Unit Price indicated. Payment shall include
the length of service lateral required to extend the
service lateral to the proposed replacement/relief
sewer, trench backfill, restoration (unpaved areas only) ,
and testing.
5. Installation of Service Lateral Cleanout
Payment for installation of service lateral cleanouts ,
shall be at the Contract Unit Price indicated. Payment
shall include furnishing and installation of the
cleanouts at locations indicated on the drawings.
6. Internal Television Inspection
Payment for internal television inspection and cleaning
shall be considered a subsidiary obligation of the
Contractor and shall be included in the bid price for
the item affected thereby.
7. Concrete Encasement of Sewer Pipe
Payment for installation of concrete encasement where
indicated on the plans or as directed by the Engineer,
shall be at the contract price per cubic yard. Payment
shall include all labor, materials, and form work
necessary to perform the work.
8. Sewer Main Pipe and Water Main Separation
When a minimum vertical clearance of three (3) feet ,
cannot be maintained between sanitary sewer main and
storm sewer, the sanitary sewer main shall be ductile
iron pipe. Compensation for excavation, furnishing and
placing pipe embedment material, tees, furnishing and
placing pipe, fittings and joint material, making
connections to pipe of dissimilar materials, backfill,
polywrap, testing and any resulting repairs and
incidental and appurtenant work shall be included in the
Contract Unit Price for ductile iron pipe.
9. Sewer Main Pipe and Storm Sewer Conflict I
When conflicts occur between sanitary sewers and storm
sewers, the sanitary sewer main shall be ductile iron
pipe. Compensation for excavation, furnishing and
placing pipe embedment material, tees, furnishing and
placing pipe, fittings and joint material, making
connections to pipe of dissimilar materials, backfill,
polywrap, testing and any resulting repairs and
incidental and appurtenant work shall be included in the
Contract Unit Price for ductile iron pipe.
City of Fayetteville D2-13(12)
Sewer System Improvements
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10. Abandon Manhole
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Abandonment of manholes shall be paid at the Contract
Unit Price per each manhole. Payment shall include pipe
plugging, and all labor and materials necessary to
complete this item.
11. Water Main Relocation
Water main relocation shall be paid at the Contract Unit
Price for each water main relocation as indicated on the
plans. The price shall be payment in full for
performing the work as specified. Cost for all material
and labor, existing pipe removed and disposed, pipe
bedding and backfill material including service
connection reinstatement, temporary and final surface
restoration shall be included in the Contract Unit
Price.
12. Pipe Plugging and Sanitary Sewers to be Abandoned.
Pipe plugging and abandoning of sanitary sewers 10 feet
or less in length shall be incidental to the Contract.
13. Installation of Concrete Piers
Payment for installation of concrete piers where
indicated on the plans shall be at the Contract Unit
Price indicated. Payment shall include all labor,
material, and form work necessary to complete the work.
' 14. Clay Dams
Payment for clay dams shall be at the Contract Unit
Price indicated and shall include all labor and
materials necessary to complete the work.
15. The unit price for sanitary sewer pipe replacement shall
be eligible for 60 percent payment after the replacement
is made, an additional 10 percent is eligible after
testing is complete and the remaining 30 percent is
eligible after restoration is complete.
END OF SECTION D2-13
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D2-14 CONCRETE STRUCTURES
General
1. Description
This section describes the installation of new cast -in -
place concrete manholes and other miscellaneous
structures.
2. Furnish the labor, materials, equipment, tools, and
services required for the installation of the concrete
work required on this project.
Materials
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Coal -Tar Epoxy Paint
Koppers "Bitumastic Super Service Black," Tnemec,
"46-450 heavy Tnemecol", or equal. Dry film thickness
shall be a minimum of 14.0 mils ner coat.
Non -Shrink Grout
Grout shall be non -shrink in the plastic state and show
no expansion after set as tested in accordance with
ASTM C 827 and shall develop compressive strength not
less than 3,000 psi with a trowelable mix within 24
hours per ASTM C 109. The placement time shall be not
less than 45 minutes based on initial set per ASTM C
191. Test results shall be furnished by the
manufacturer and submitted to the Engineer.
Flexible Gaskets
openings for each connecting pipe shall be circular
with a compression type flexible rubber gasket cast
integrally into the manhole wall. Flexible gaskets
shall be manufactured in accordance with rubber joint
specification ASTM C 443 and shall meet the performance
and test requirements of ASTM C 425 for compression
joints. Flexible gaskets shall be A-Lok, Presswedge,
or equal.
D2-14(1) City of Fayetteville
Sewer System Improvements
4. Frames and Covers
a. Frames
(1) Frame material shall be cast iron conforming
to ASTM A 48, Class 30 or better. The frame
shall exhibit a tensile strength of not less
than 30,000 psi. '
(2) Frames for standard manholes shall be Neenah
R -1726-A, or approved equal. ,
(3) Bearing surfaces between the ring and cover
shall be machine finished or ground to assure
nonrocking fit in any position, and
interchangeability.
b. Covers '
(1) The replacement cover shall form a water
resistant seal between the frame and manhole
cover surface. The cover shall have pick bars
or pick slots and a machined bearing surface on
the bottom of the casting. The cover shall
conform to ASTM A 48, class 30 or better, for
Gray Iron. The cover shall have a tensile
strength of 30,000 psi.
(2) A typical standard manhole cover design shall be ,
Neenah R -1726-•A or approved equal.
(3) Covers shall set flush with the rim of the frame
and shall have no larger than a 1/8 -inch gap
between the frame and cover.
(4) Bearing surfaces shall be machine finished.
5. Steps
a. Manhole steps will not be required.
6. Cast -In -Place (Monolithic) Concrete Manholes ,
The design of standard manholes shall be the
responsibility of the Contractor. Shallow manholes
shall be constructed as detailed on the Drawings.
Sketches of all manholes indicating complete details of
the proposed design shall be submitted to the Engineer
for review prior to ordering material and/or
construction. Cast -in -place construction will be
considered for circular manholes only unless
appropriately designed with reinforcing steel. The
concrete for circular manholes shall be reinforced with
wire mesh conforming with this document. The minimum
sidewall thickness shall be 6 inches or one -eighth the
inside diameter whichever is greater. The base
City of Fayetteville D2-14(2)
Sewer System Improvements
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thickness of manhole below the underside of flow
channel shall vary, depending on the diameter, the
depth of manhole, whether base is reinforced or not and
on the type of joint occurring between base slab and
wall. The minimum base thickness shall be 8 inches or
1/8 the manhole diameter plus 1/30th of the manhole
depth, whichever is greater.
a. Foundations of manholes for sanitary sewer shall be
concrete of a minimum compressive strength of
4000 psi at 28 days. The invert channels shall be
smooth, accurately shaped, and in accordance with
the plans. Where changing line sizes occur, the
crowns (top insides) of the pipe should be matched
unless otherwise approved by the Engineer. The
invert of the manholes shall be shaped and smooth
so that no projections will exist. Flow channels
will be formed in the inverts so that the manhole
will be self-cleaning and free of areas where
solids may be deposited as sewage flows through the
manhole from all inlet pipes to all outlet pipes.
Where the pipe can be laid continuously through the
manhole, the pipe can be placed in the base. After
the construction of the manhole, the pipe can be
trimmed by cutting out the top half after the
concrete base is constructed and has cured
sufficiently. If it is not possible to lay the pipe
continuously through the manhole base, the invert
may be poured and formed directly in the concrete
of the manhole base. The invert floor shall have a
minimum slope of 1" per foot unless noted
otherwise. The manhole invert shall extend from
wall to wall. The minimum thickness for all bases
shall eight (8) inches. Reinforce bases with #4
bars at 12 -inch centers each way. Tie and place
reinforcing steel above the midpoint. The minimum
cover over the reinforcement shall be two (2)
inches. When the connecting pipelines are required
to have concrete embedment, extend the embedment
reinforcing steel not less than twenty (20) bar
diameters into the manhole base.
b. Pipe extending from the manhole shall be cradled in
concrete to the first pipe joint in the same pour
as the manhole foundation. Embedment of
reinforcing steel shall extend not less than twenty
(20) bar diameters into manhole base.
c. A minimum of six (6) inches rock cushion shall be
used beneath manhole foundations. Where trench has
been overexcavated, the void created shall be
completely filled with a rock cushion to the
underside of the manhole base.
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D2-14(3) City of Fayetteville
Sewer System Improvements
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d. In the event that ground water is present during
the pouring of a cast -in -place manhole foundation,
a pump shall be used to remove the ground water.
Prior to pouring, the subgrade shall be stable,
free from muck and groundwater. After the concrete
foundation has been placed, the pump shall continue
to run for at least two (2) hours to enable the
concrete to obtain its initial set.
e. Cast -in -place concrete manholes shall have a
minimum inside diameter at the base of four (4')
feet and an inside diameter at the top of the cone
section of not less than twenty-four (24") inches
unless specified otherwise herein. The manhole
shall have a minimum wall thickness of six (6")
inches and shall be smooth having no form marks on
the interior wall or exterior wall of the manhole
exceeding one -quarter (;") inch in depth. Concrete
used for the manhole barrel and cone section shall
be a minimum compressive strength of 4000 psi at
28 days, with a slump of five (5") inches to seven
(7") inches during the placement. Concrete shall
not be so dry as to cause extensive honeycombing.
During the placement of the concrete in the manhole
barrel forms, thorough vibrating shall be completed
at two (2') foot intervals. If cold joints are
necessary because of a time lapse of more than one
hour between placements then a concrete bonding
adhesive shall be applied to the existing concrete.
A concrete collar at least four (4") inches thick
shall extend a minimum of eight (8") inches above
and below the new joint around the outside of the
manhole. If honeycombing of the barrel of the
manhole is found to be present after removal of the
forms, such honeycombing shall be repaired as
directed by the Engineer. Any form marks on the
inside wall shall be smoothed and grouted as
directed. Curing compounds or covers may or may
not be used at the option of the Contractor to
protect the concrete to prevent cracking during the
curing process and to protect the manhole during
freezing temperatures. The manhole shall not be
backfilled for at least two (2) working days after
forms have been removed or a minimum of three (3) '
working days after the concrete has been placed.
f. Reinforcing steel used in design of reinforced
manhole foundations shall conform to ASTM A 615,
Grade 60, deformed bars.
g. Welded steel wire fabrics for cast -in -place
manholes shall conform to ASTM 185.
h. Manhole bases shall be integral cast. The diameter
of the integral base pad shall be eight (8) inches
greater than outside diameter of the manhole.
City of Fayetteville D2-14(4)
Sewer System Improvements
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7. Shallow manholes shall be constructed at locations in
the sanitary sewer system for depths less than four
feet where specifically designated on the Project
Plans, or as directed by the Engineer. Shallow
manholes shall be constructed rectangular in shape from
4000 psi reinforced concrete formed in place as
detailed in the Drawings.
8. Precast Concrete Manhole Sections
Precast manhole sections will be allowed for complete
manhole replacements.
a. Manholes shall conform to ASTM C 478 as specified
herein.
b. Wall thickness shall be not less than one -twelfth
(1/12) of inside diameter or five (5) inches,
whichever is greater, to be used when the manhole
depth is less than sixteen (16) feet; one -twelfth
(1/12) of inside diameter plus one (1) inch or (5)
inches, whichever is greater, to be used when
manhole depth is sixteen (16) feet or greater.
c. Concentric cones shall be utilized when manhole
depth exceeds six feet.
d. Reinforced concrete flat -top sections shall have a
24 -inch diameter opening and be a minimum eight
inches thick in non -traffic areas and a minimum ten
inches thick in traffic areas. Reinforce flat -top
sections with 04 bars at 12 -inch centers each way.
Tie and place reinforcing steel below the mid
point. The minimum cover over the reinforcement
shall be two (2) inches.
e. Openings for each connecting pipe shall be circular
with a compression type flexible rubber gasket cast
integrally into the manhole wall. Flexible gaskets
shall be manufactured in accordance with rubber
joint specification ASTM C 443 and shall meet the
performance and test requirements of ASTM C 425 for
compression joints. Flexible gaskets shall be
A-Lok or equal.
f. Preformed and trowelable bitumastic joint sealants
shall be Kent -seal, Ram-Nek, E -Z Stick, or equal.
The minimum dimension of preformed material shall
be one-half (1/2) inch square.
g. Do not deliver precast concrete sections to the job
until representative concrete cylinders have
attained a strength of at least 80 percent of the
specified minimum. Inspect precast concrete
sections when delivered, Cracked or otherwise
visibly defective units will be rejected.
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D2-14(5) City of Fayetteville
Sewer System Improvements
C. Execution
1. General
Install manholes of the respective types at the
designated locations with flowlines at elevations shown
on the Drawings.
2. Manhole diameters unless otherwise noted shall be
48 inches for pipe between 6 inches and 18 inches in
diameter. '
3. This section governs the materials required and
construction procedures for sealing manhole frames and
grade adjustments.
a) Materials
1) Bitumastic Gasket Material
Bitumastic gasket material shall meet or exceed
Federal Specification SS -S -210A. The material
shall show no signs of deterioration for a
period of 30 days when immersed in solutions of
acid, alkali or saturated hydrogen sulfide.
Joints shall show no sagging when tested at
135F for a period of five days. Bitumastic
Gasket Material shall be EZ-STIK. Trowelable
bitumastic material shall be GS -702 compound or
equal.
2) Precast Grade Adjustments and Flattops shall be
as specified in Section D2-3.
3) Concrete Bonding Agent
Bonding agent shall be Acyrl #60 as
manufactured by the Thuro-Seal Company or
equal.
4) Portland Cement Concrete
As specified in Section D2-16.
5) Polyethylene
Minimum thickness of 4 mils.
b. Sealing Procedure -'
1) Joint surfaces between the frame, adjustments,
and cone section shall be free of dirt, stones,
debris, and voids to ensure a watertight seal.
Place a flexible gasket joint material, minimum
1/2 -inch thick, in two concentric rings along
the inside and outside edge of each joint, or
City of Fayetteville D2-14(6)
Sewer System Improvements
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use trowelable material in lieu of preformed
gasket material. Position the butt joint for
each length of joint material on opposite sides
of the manhole. No steel shims, wood, stones,
' or any material not specifically accepted by
the Owner's Representative may be used to
obtain final surface elevation of the manhole
frame.
2) When precast concrete grade adjustment rings
' are placed on the manhole structure to obtain
proper grade, no more than 12 vertical inches
may be used, unless approved by the Owner's
Representative.
3) In paved areas or future paved areas, castings
shall be installed by using a straight edge not
' less than ten (10) feet long so that the top of
casting will conform to the slope and finish
elevation of the paved surface. The top of the
casting shall be 1/8 inch below the finished
elevation. Allowances for the compression of
the joint material shall be made to assure a
proper final grade elevation.
4) Manhole rims in parkways, lawns and other
improved lands shall be at an elevation not
more than one (1) nor less than one-half (1/2)
inch above the surrounding ground. Backfill
shall provide a uniform slope from the top of
manhole casting for not less than three (3)
feet each direction to existing finish grade of
the ground. The grade of all surfaces shall be
checked for proper slope and grade by string
' lining the entire area regraded near the
manhole.
5) Manholes in open fields, unimproved land, or
drainage courses shall be constructed to a top
elevation shown on the Drawings.
6) On non -paved manholes, exterior surface of all
exposed grade adjustments and four inches below
sound structure shall be cleaned with a wire
brush and then waterproofed with trowelable
bitumastic gasket material in accordance with
the manufacturer's specifications. A
protective polyethylene cover shall be placed
over the waterproofing material when
backfilling, following sealing of the frame and
grade adjustment.
4. Form inverts with mortar material and steel -trowel to
produce a dense, smooth finish and shape to form a
"U"- shaped channel approximating the lower one-half
(1/2) cross section of the connecting pipelines and
extending upward three -fourths (3/4) of the inside pipe
' D2-14(7) City of Fayetteville
Sewer System Improvements
diameter in a "U" -shape. Provide smooth transitions
for pipes of different sizes, different elevations,
and/or at different angles. Also form inverts to
provide self-cleaning by sloping normally two (2)
inches from manhole wall to edge of "U" channel with a
smooth finish.
5. Pipe Stubs
a. Install pipe stubs for future connections at
locations, angles, elevations, and of materials as
shown on the Drawings. '
b. Install each pipe stub with the bell of the pipe
abutting the outside manhole wall, or the joint if
other than a bell, as near the manhole wall as is
practicable but not more than two (2) feet from
outside manhole wall for later connection thereto.
6. Pipe holes at manholes shall be permanently sealed
watertight after installation of the connecting
pipelines. I
7. Manhole Adjustments
Provide new manholes with a maximum of one (1) foot of I
adjustment ring(s) underneath the casting. Seal
adjustment ring joints as specified in Paragraph C3.
8. Apply two coats of coal -tar epoxy paint to the manhole
exterior. Coating shall be in accordance with
Manufacturer's recommendation. i
9. Testing
Test manholes in accordance with Section D1-7. '
10. Formwork
a. Vertical concrete surfaces shall be formed. The '
underside of slabs and beams shall be formed except
where the concrete is placed against the ground.
Sloping surfaces shall be formed unless otherwise
authorized by Engineer.
b. Construct and erect forms so that the concrete will
have the shape, line, and grade indicated. Make
forms mortar tight and sufficiently rigid to
prevent deformation under load. Use an adequate
number of walers, stiffeners, and braces to insure
straight walls.
c. Formwork, shoring, and bracing design shall meet 1
the requirements of ACI 347.
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City of Fayetteville D2-14(8)
Sewer System Improvements
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Id. Except as noted, tolerances for formed surfaces
shall meet the requirements of ACI 301. Edges of
form panels in contact with concrete exposed to
view in the finished work shall be flush within
1/32 -inch. Forms for plane surfaces shall be such
that the concrete will be plane within 1/8 -inch in
four ft. Leading edges of concrete shall lie
within 1/4 -inch as measured from a 10 -ft template.
e. Provide as -cast smooth form finish for formed
concrete surfaces that are to be exposed to view,
or that are to be covered with a coating material
other than cement plaster applied directly to the
concrete.
' f. Produce smooth form finish by selecting form
material to impart a smooth, hard, uniform texture
' and arranging them orderly and symmetrically with a
minimum of seams.
g. Repair and patch defective areas with all fins and
other projections completely removed and smoothed.
11. Reinforcement
Ia. Reinforcing steel shall be placed in accordance
with ACI 301 and ACI 318. When concrete is placed,
reinforcing shall be free of rust, scale, or other
coatings that will affect the bond. Reinforcement
shall be accurately placed, adequately supported,
and secured in position at intersections with
annealed wire not less than 16-ga or with clips.
Reinforcement shall be supported to keep it away
from exposed surfaces. Nails or other devices
shall not be driven into forms to support
reinforcement.
b. Provide the following concrete cover unless
otherwise shown on the drawings:
Bottom face of slabs 1 inch
Top face of slabs 1 1/2 inches
12. Placing Concrete
a. General
(1) Do not place concrete until forms have been
oiled, reinforcement has been fastened in
position, form ties at construction joints
have been retightened, and embedments and
iopenings have been placed and anchored.
(2) Remove debris from the space in which concrete
is to be placed.
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D2-14(9) City of Fayetteville
Sewer System Improvements
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b. Convey concrete from the mixer to the place of
final deposit by methods which will prevent
separation or loss of materials. The free fall of
concrete shall not exceed three feet.
c. Consolidating
(1) Consolidate concrete with mechanical vibrating
equipment and provide stand by equipment.
Apply vibration directly to the concrete.
Vibration shall be sufficient to cause flow or
settlement of the concrete into place. Apply
vibration at the point of deposit and in the
freshly placed concrete. It shall be of
sufficient duration to accomplish compaction
and embedment of reinforcement and fixtures.
(2) Supplement vibration by forking and spading by
hand in the corners and angles of forms and
along form surfaces while the concrete is
plastic under the vibratory action.
13. Curing r
a. Maintain concrete in a moist condition for seven
days after placement. Curing may be by any of the
following means:
(1) Curing with burlap, cotton, or mats kept I
continuously wet, or by keeping forms
continuously wet.
(2) Waterproof paper curing. Overlay four inches
at seams and seal with tape.
(3) Membrane curing by power spraying with a I
fugitive dye included. Do not use this method
on surfaces which will receive a finish
treatment of any kind. Submit manufacturer's
descriptive data of curing compounds for
approval.
D. Measurement and Payment
Only items listed below will be measured for payment. All
other costs shall be included in the unit or lump sum
prices for the item affected thereby. I.
1. Standard Manhole
a. The manhole depth shall be determined by measuring 1
from top of casting to the invert at the center of
the manhole. Payment will be made at the
contract unit price for the applicable type, size
and depth for each manhole. Such payment and price
City of Fayetteville D2-14(10)
Sewer System Improvements
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shall constitute full compensation for all labor,
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materials, equipment and for the performance of all
work necessary to complete the manholes, including
removal of existing manhole, excavation, concrete
base, manhole frame and cover, waterproofing,
concrete masonry, reinforced concrete, backfilling,
connection of any sewers, conduits, disposal of
excess material and restoration.
b. Payment for a standard manhole will be in
accordance with the contract prices as follows:
1) A unit price to cover the construction of one
standard manhole of the diameter and type
' indicated; 0 to 6 feet in depth.
2) A unit price which shall cover the entire cost
of each additional foot of vertical manhole
depth in excess of 6 feet, measured to the
nearest 0.1 foot.
2. Shallow Manhole
Payment for shallow manholes will be made at the
contract unit price for each manhole constructed.
Such payment and price shall constitute full
compensation for all labor, materials, equipment
and for the performance of all work necessary to
' complete the manholes, including removal of
existing manhole, excavation, concrete base,
manhole frame and cover, waterproofing, concrete
masonry, reinforced concrete, backfilling,
replacement of any sewers, conduits, disposal of
excess material and restoration.
3. Payment Schedule
The unit prices for complete manhole replacement
shall be eligible for 60 percent payment of the
unit price after replacement is made, an additional
10 percent is eligible after testing is complete
and an additional 30 percent is eligible after
restoration is conplete.
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END OF SECTION D2-14
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I D2-14(11) City of Fayetteville
Sewer System Improvements
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D2-15 CLEANING AND TELEVISION INSPECTION
OF EXISTING SANITARY SEWERS
A. General
1. This section includes specifications for cleaning and
closed circuit television inspection and all associated
work for the pipe sizes and lengths of sewers
encountered.
2. All sewers are to be inspected following cleaning.
3. It is not required that television inspection be
provided by the Contractor during the cleaning
operation. However, he may do so at his own expense.
4. Contractor's operations are limited to daylight hours on
Monday through Friday except holidays unless previously
approved by the Engineer.
5. Contractor shall provide traffic control personnel
during operations to maintain safety of all personnel
and public traffic maintenance.
1 B. Materials
1 1. General
The Contractor shall allow Engineer to become familiar
with Contractor's equipment before commencement of work.
2. Cleaning Equipment
a. The Contractor shall provide all equipment necessary
for proper flushing of the sewers in the sizes
1 indicated prior to television inspection.
Hydraulic high pressure cleaning equipment shall be
specifically designed and constructed for sewer
II cleaning. The sewer cleaner shall have a minimum
usable water capacity of 600 gallons and a pump
capable of delivering at least 30 gallons per minute
I (gpm) at 1,000 psi. Pressure to the nozzle shall be
regulated by a relief valve adjustable from 0 to
1,500 psi minimum. The equipment will be subject to
approval by the Engineer.
I D2-15(1) City of Fayetteville
Sewer System Improvements
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b. Satisfactory precautions shall be taken to protect
the sewer lines from damage that may result from
the improper use of cleaning equipment.
3. Television Equipment
a. The television camera used for the inspection
shall
be specifically designed and constructed for
such
inspection and shall provide a color picture.
Lighting for the camera shall be suitable to
allow a
clear picture for the entire periphery of the
pipe
acceptable to the Engineer. The camera shall
be
operative in 100 percent humidity conditions
and
shall have a minimum of 600 line resolutions.
b. Cassette recording equipment will be required
for
all videotaping. The video tapes that will be
provided to the Engineer shall be VHS format.
C. Execution
1. Cleaning Operation
a. Existing flows shall not be interrupted for periods
longer than one hour. Sewage diverted during
cleaning operations shall be returned to the
sanitary system and not discharged into the streams
or storm sewer system. Cleaning of these sewers may
be by means of hydraulic high pressure jetting or
other equipment as needed.
b. Arrangements for construction water and meter must i
be made with the City of Fayetteville.
c. Cleaning shall be performed immediately before I
closed circuit television inspection.
d. Unless other methods are approved by the Engineer,
hydraulic cleaning shall be performed for all sewers
to be inspected.
e. Remove all sludge, dirt, sand, grease, roots, rocks, 1
gravel, and other material from the pipe during
cleaning operations and collect and remove resulting
debris from the downstream manhole of the sewer
section being cleaned. Passing material from sewer
to sewer section will not be permitted. An approved
dam or weir shall be constructed in the downstream
manhole in such manner that debris and solids will
be trapped and retained.
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City of Fayetteville D2-15(2)
Sewer System Improvements
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2. Disposal of Debris
a. Under no circumstances shall sewage or solids be
dumped onto the ground surface, street or into
ditches, catch basins or storm drains.
b. All solids or semisolids resulting from the
operations shall be removed from the site by the
Contractor unless authorized or directed otherwise
by the Engineer. Trucks hauling solids or semisolids
from the site shall be watertight so that no leakage
or spillage will occur.
1 3. Internal Television Inspection
a. The inspection shall be done one sewer section at a
I time. The section being inspected shall be isolated
from the remainder of the sewer in a manner approved
by the Engineer. Such methods may include plugging
or partial plugging of upstream flow, and/or by
passing the flow from the section. The Contractor
shall be responsible for monitoring the depth of
surcharging upstream of any plugs.
ib. The camera shall be moved through the line in either
direction at a uniformly slow rate, stopping at all
defects to allow adequate evaluation by Engineer.
In addition, the camera shall be stopped at each
service connection.
C. If progress of the television camera is impeded or
stopped by roots in the sewer reach being inspected,
the camera shall be withdrawn, at the direction of
1 the Engineer. The camera shall then be reinserted
at the other manhole of the sewer reach and the
television inspection resumed.
d. Other obstructions may be encountered during the
course of the internal inspection that prevent the
travel of the camera. Should an obstruction not be
passable, the Contractor shall withdraw the
equipment and report the obstruction to the Engineer
so that a repair can be made, and the remainder of
the line may be inspected. Cost related to
difficulties encountered during internal inspection
will not be measured for payment nor constitute
additional cost to the Contract Price, but will be
considered as incidental to the contract.
Cost for excavation to retrieve cleaning and
internal inspection equipment shall be the
responsibility of the Contractor. The Owner and
Engineer shall not be liable for any costs relative
to retrieving the Contractor's equipment from the
sanitary sewer system. Exceptions to this section
include obstruction excavations which shall be
I D2-15(3) City of Fayetteville
Sewer System Improvements
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repaired in accordance with Section D2-11 and paid
for at the Contract Unit Price per each as indicated
in the Proposal.
4. Viewing
Telephones, portable radio, CB, walkie talkies, or other
electronic means of communication must be set up where
voice or manual communication is not feasible. The
Contractor shall provide facilities for the purpose of
viewing the monitor while the inspection is in
progress.
5. Record Logs
a. Measurement in the sewer main shall be at the ground
level by means of a meter device. Marking on cable
or the like which requires interpolation for depth
of manhole will not be allowed. Measurement meters
shall be accurate to 0.2 feet. A measurement target
in front of the television camera shall be used as
an exact measurement reference point, and the meter
reading shall show this exact location of the
measurement reference point. The first feature out
of the manhole or cleanout will be measured and used
as the initial reference point.
b. The Contractor shall furnish all cassette video
equipment, cassette video tape film for cassette
video tape recording, and equipment. No reel to
reel video recording or tapes will be permitted. In
the course of inspection, all sewer sections will be
videotaped in their entirety.
c. Defects shall be described and quantified verbally ,
on the video tapes by the Contractor. Where
appropriate, existing landmarks shall be identified.
d. The cassette video tapes will be reviewed by the
Engineer for focus, lighting, clarity of view, and
technical quality. The Contractor shall maintain
sharp focus, proper lighting, and clear, distortion -
free viewing during the camera operations. The
Contractor shall maintain plugging and eliminate
steam in the line for the duration of the
inspection. Failure to maintain these conditions
will result in rejection of the video tape by the
Engineer. Any sewer line whose video tape is not
acceptable to the Engineer will be retelevised at no
expense to the Engineer or Owner.
e. Each individual cassette video tape shall be I
properly labeled by the Contractor prior to
submittal to the Engineer. The label shall list the
Engineer's sewer line segment number, date,
City/Owner, name of Contractor, and tape number.
City of Fayetteville D2-15(4)
Sewer System Improvements
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f. Each set-up shall be described visually (by
superimposing a descriptive caption on the video
tape recording which identifies critical
information) and describe audibly on the video tape
recording, both at the initiation and at the
conclusion of the set-up. The line segment shall be
described by the Engineer's segment number which
included both basin and manhole numbers. The video
counter number shall be voiced on the video tape
recording and written on the record logs both at the
initiation and conclusion of each set-up.
D. Measurement and Payment
only items listed below will be measured for payment. All
other costs shall be included in the unit prices for the
items affected thereby.
1. Cleaning/Internal Television Inspection
Payment for cleaning/internal television inspection
shall be considered incidental to the associated work
task.
IEND OF SECTION D2-15
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I D2-15(5) City of Fayetteville
Sewer System Improvements
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D2-16 RESTORATION
A. General
1. Restore the project site to conditions not less than
that existing prior to starting construction unless
otherwise required by these specifications, Permits
and/or Licenses, or shown on the Plans.
a. Coordinate surface restoration work with the
affected private property owners.
b. Private property over which the Owner has prior
' rights (i.e. utility easement, sewer easement)
and/or has obtained rights -of -way, agreements,
licenses and/or agreements from the property owner
to allow construction of a sanitary sewer pipeline
and appurtenances, shall be restored in conformance
with these Contract Documents.
c. Restore Public property with strict adherence to the
requirements of the public body having jurisdiction
therein.
Id. No restoration shall occur until testing is complete
and accepted by the Owner's Representative.
1 e. Complete final surface restoration within three
weeks of the sewer installation or repair or as
directed by the Owner's Representative.
2. Reference Standards
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Surface restoration including pavement, driveways,
sidewalks, curb and gutters, and sodding shall be in
accordance with the current edition of Arkansas Highway
and Transportation Department Standard Specifications
for Highway Construction.
B. Materials
1. Topsoil
a. Topsoil shall be free from large roots, sticks,
weeds, brush, stones or other litter and waste
products. A minimum of 4 inches compacted depth of
topsoil shall be used.
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D2-16(1) City of Fayetteville
Sewer System Improvements
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b. The soil texture shall be classified as loam or
sandy loam according to the following criteria:
Loam Sandy Loam
Sand (2.0
to
0.05 mm
diameter) 25-50% 45-85%
(No.
10
sieve)
Silt (0.05 to 0.002 mm diameter) 30-50% Less than 50%
(No. 270 sieve)
Clay (smaller than 0.002 mm 5-25% Less than 20%
diameter)
(Hydrometer analysis)
c. Soil texture shall be determined by utilizing
processes as prescribed in ASTM D 422 using the
No. 20 and No. 270 sieves and a hydrometer analysis.
2. Fertilizer
Fertilizer shall be a standard commercial 16-8-8,
uniform in composition, free flowing and suitable for
application with approved equipment, delivered to the
site in bags or other convenient containers each fully
labeled, conforming to applicable State laws.
3. Sod
a. Sod shall be approved nursery or field grown grass
that is native to the locality of the work and shall
match existing in the area of excavation. Sod shall
be well rooted in soil of such consistency that it
will not break, crumble or tear during handling and
placing. Sod shall be free of noxious weeds and
other objectionable plants and shall not contain
substances injurious to growth.
b. Grass shall be between 1-1/2 and 4 inches in length
when the sod is cut. The sod shall be cut within 48
hours of placement in rectangular pieces not less
than 12 inches in width and not less than one inch
in soil thickness. Keep sod in a moist condition
between the initiation of cutting and the completing
of placing and protect against exposure to the sun,
wind, freezing during transportation to the site,
and during storage prior to placing.
4. Seed
Grass seed shall be fresh and shall match existing grass
in the area of excavation.
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City of Fayetteville D2-16(2)
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5. Portland Cement Concrete
Portland Cement concrete shall have a minimum
compression strength of 3000 psi at 28 days, no less
than 52 sacks of cement per cubic yard, and shall
conform to ASTM C 94, Alternate 3. Reinforcement shall
' be 6" x 6" No. 4 x No. 4 Woven Wire Fabric. No. 4 dowel
bars shall be provided of 3 foot centers, each side.
Minimum length of extension into existing base shall be
12 inches.
6. Curing Compound
1 Commercial grade conforming to ASTM C 309, Type I.
7. Reinforcing Steel
Conform to ASTM A 615, Grade 40.
S. Base Course
Gravel for the base course shall be clean, hard, durable
pit -run crushed stone which is reasonably graded from
coarse to fine. Base course shall conform to Section
303 for Class 7 Base of the Standard Specifications for
Highway Construction and compacted as specified herein.
9. Gravel Surface Course
Gravel for surface course shall be clean, hard, and
durable, and shall be reasonably graded from coarse to
fine. The surface course shall conform to Section 303
for Class 7 Base of the Standard Specifications for
' Highway Construction.
10. Asphalt Cement
Asphalt cement for binder shall be AC 85-100 paving
asphalt conforming to the Standard Specifications unless
otherwise specified.
11. Prime Coat
Asphalt to be used for a prime coat shall be asphalt
emulsion Type RS -2, CRS -2, or liquid asphalt MC -70,
MC -250, or RC -250 conforming to ASTM D 977, D 2397,
D 2027, or D 2028.
1 12. Tack Coat
Asphalt emulsion conforming to ASTM D 977 or D 2397,
unless otherwise specified.
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I D2-16(3) City of Fayetteville
Sewer System Improvements
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13. Asphalt Concrete
Asphalt concrete for paving the designated area shall be
Type II hot -plant mix and all materials shall conform
the requirements of Section 408 of the Standard
Specifications for Highway Construction. Portions of the
referenced specification that are obviously not
applicable for the type of work to be done shall be
disregarded.
C. Execution
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1. Cleanup
Upon completion of installation and backfill operations,
clean and dress up the work area as follows.
a. Remove construction debris and litter from the site.
b. Remove excess excavation material from the site
including material which has washed into stream
beds, storm water facilities, streets, culverts,
etc.
c. Remove tools, equipment and construction materials
except for designated storage areas along the
pipeline route. Maintain designated storage areas
in a neat appearing manner.
d. Restore surface and subsurface drainage and provide
drainage wash checks necessary to prevent soils from
being washed downstream.
e. Machine grade the area in preparation of final
grading, seeding, sodding, pavement replacement,
etc.
f. Restore all street signs and mail boxes.
g. Maintain adequate safety signs, barricades and
lights until final restoration of work area is
completed.
2. Finish Grading
Finish grade the area to lines and grades which existed
prior to the area being disturbed, with special
attention directed to proper surface drainage, and the
refilling of settled excavations with earth compacted to
densities required. The area shall be smoothed by
raking or dragging. Flower and vegetable gardens in
existence prior to this project shall have the
separately stored top soils restored unless otherwise
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City of Fayetteville D2-16(4)
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required. Areas to be sodded or seeded shall have a
minimum four inch depth of topsoil.
' 3. Sod
a. Restore grassed areas disturbed by construction with
' sod to match existing. Sod may be placed between
the average date of the last freeze in the Spring
and six weeks prior to the average date for the
first freeze in the Fall according to the Arkansas
Almanac or U.S. Weather Bureau for the area unless
otherwise approved by the Owner's Representative in
writing. Place sod at any time during this period
i except when the temperature is over 90 degrees
Fahrenheit, drought conditions exist or the sod or
ground surface is frozen. Cut sod as thick as
1 possible to aid the sod in taking root at the
earliest possible date.
b. Spread fertilizer nutrients over the area at a rate
i of 160 pounds per acre (nutrient weight only) or as
recommended by the manufacturer.
c. Place sod on the prepared surface with the edges in
close contact and the alternate courses staggered.
Bury exposed edges of the sod flush with the
adjacent soil. In ditches, place sod with the
longer dimension perpendicular to the flow of the
water in the ditch. On slopes, starting at the
bottom of the slope, place sod with the longer
dimension perpendicular to the slope of the ground
and where the slope is 2:1 or greater, stake the
sod. Sod shall be rolled after placement and joints
filled between sections with scarified soil. Within
eight hours after placing the sod, apply five
gallons of water per square yard.
Id. Provide sufficient water to prevent the sod from
drying out.
e. Existing sod which was salvaged during construction
may be reused at the contractor's option.
If. Sod shall have taken root before acceptance.
Contractor shall guarantee sodding one year after
acceptance by the Owner.
4. Seeding
a. The areas to be restored by seeding shall be only as
directed by Engineer or as specified in Section I.
Seed bed preparation shall not be started until all
stones, boulders, and debris larger than 3 inches in
diameter have been removed. The area to be seeded
shall be worked to a minimum depth of 3 inches with
a disk or other method approved by the Engineer,
1 D2-16(5) City of Fayetteville
Sewer System Improvements
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reducing all soil particles to a size not larger
than 2 inches in diameter. The prepared surface
shall be relatively free from all weeds, stones,
roots, and sticks. No seeds shall be sown until the
seed bed has been approved by the Engineer.
b. Spread fertilizer nutrients over the area at a rate
of 160 pounds per acre (nutrient weight only) or as
recommended by the manufacturer.
c. Mechanically apply grass seed.
d. Do not seed during high winds or when the seed bed
is too wet for working. Within 12 hours lightly
rake seeded areas and roll with a 200 pound roller.
After raking and rolling, water the seeded areas
with a fine spray until a uniform moisture depth of
one inch has been obtained.
e. In lieu of mechanical application of seed, hydraulic
application may be used. The seed slurry shall be
constantly agitated until pumped from the tanks.
The seed shall not be allowed to set in water more
than four hours before application.
f. Water seeded areas as required for the seed to
maintain suitable growth for at least three mowings
performed a minimum of one week apart.
g. Reseed areas where the grass did not take.
5. Tree, Bush, and Hedge Transplanting and Replacement
a. Existing trees, bushes, and hedges which cannot be
tied back or trimmed to prevent damage and require
removal because of the proposed construction shall
be transplanted with a tree spade or replaced. Tree
removal shall include removal of stump and roots
four inches below grade. Transplanting shall be at
the location directed by the Owner's Representative.
After digging the plants, properly store them until
they can be transplanted. Replacement plants shall
not be delivered until they can be planted.
b. Plant during the proper seasons. Do not plant in
frozen soil or during unfavorable weather
conditions. Dig tree pits of such size as to
provide ample space for the entire root system, as
the tree comes from the nursery, without crowding or
bending the roots. The pits shall be 12 inches wider
than the ball diameter, have vertical sides, and be
six inches deeper than the thickness of the ball.
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City of Fayetteville D2-16(6)
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Thoroughly loosen the soil in the bottom of the pit
by spading to a depth of six inches. Dig holes
immediately before planting. Dispose of soil earth
' dug from the tree pits.
c. Set trees at a depth slightly below finished grade,
1 half -fill the hole with planting soil and thoroughly
water. Loosen and fold down the upper half of the
burlap, fill the hole with planting soil and
thoroughly water. Fill the top two inches with a
well -rotted mulch.
d. After planting, prune the branches in proportion to
the amount of root system lost in the transplanting
operations but in such a manner as to retain the
form typical of the tree. In general, remove
approximately one-third of the branch structure.
Pruning shall be done by expert workmen in such a
manner as to insure healthy and symmetrical growth
of new wood.
e. After planting, wrap trunks of trees planted after
October 15 with special tree wrap from the crotch of
the first major branches down to the ground. Tie
wrapping with cotton twine to keep the wrapping in
place.
If. Plant trees vertically. Trees found leaning during
the guarantee period shall immediately be staked
with two 2 -inch by 3 -inch wood stakes, eight feet
long, pointed on one end. The stake shall be long
enough to properly support the tree. Drive the
stakes to a depth of 18 inches below the bottom of
the tree pit. Locate the stakes on the north side
and of the south side of the tree, and 12 inches to
18 inches from the trunk. Do not drive stakes into
the ball and burlap. Guy the trees using a figure
1 eight hitch consisting of No. 14 gauge wire encased
in a section of rubber hose.
6. Restoration of Pavement Surfaces
a. General
1) Restore (unless otherwise specified or ordered
by the Owner's Representative) permanent type
pavements, sidewalks, driveways, curbs, gutters,
and surface structures removed or disturbed
during or as a result of construction operations
to a condition which is equal in appearance and
quality to the condition that existed before the
work began. The surface of all improvements
shall match the appearance of the existing
surface.
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I D2-16(7) City of Fayetteville
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2) Pour concrete only after inspection by the
Engineer of the pouring site to verify proper
forms and reinforcement. Reinforcement shall be
equal in quantity and type of materials to
reinforcement that existed prior to the work, or
as indicated in the plans or specifications.
3) Sawcut existing paved surfaces to provide a I
straight joint between the existing and new
surface. Sawcutting shall be full depth and
square or rectangular in shape. I
4) Cure and protect all exposed concrete installed
under this contract in accordance with the
reference standard.
5) Allow concrete to attain a minimum 7 day
strength before allowing traffic or construction
equipment on the concrete.
6) Remove entire sidewalk squares. Removal of
partial squares shall not be allowed.
b. Concrete Sidewalks
1) Concrete sidewalks shall consist of a minimum
thickness of five inches of nonreinforced
Portland cement concrete over four inches of
compacted granular material.
2) Increase sidewalk thickness to six inches when
crossing driveways.
3) Place one-half inch preformed bituminous
expansion joints at junctions with existing work
and at intervals not exceeding 50 feet, or as
directed by the Engineer.
4) Sawcut existing sidewalks at construction '
joints. Patching existing sidewalk squares
damaged during construction activities shall not
be allowed.
5) When removing portions of a concrete sidewalk,
an entire "Square" shall be removed. Removal of
a partial sidewalk "Square" shall not be
allowed.
c. Concrete Curb and Gutter
1) Curb and Gutter dimensions and cross sections
shall conform with existing installations.
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City of Fayetteville D2-16(8)
Sewer System Improvements
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2) Place two dowels at each junction with existing
work. Dowels shall be 3/4 inch diameter and a
minimum of 12 inches in length.
3) Place one-half inch preformed bituminous
expansion joints at junctions with existing work
and at intervals not exceeding 50 feet, or as
directed by the Engineer.
4) Place doweled expansion joints at intervals not
exceeding 50 feet, or as directed by the Owner's
Representative.
IS) Saw cut control joints at intervals not
exceeding 20 feet and at junctions with existing
traverse cracks in the pavement, or as directed
by the Engineer.
d. Concrete Driveways
Replace concrete driveways to the condition and
thickness which existed prior to construction.
Minimum thickness shall be 6 inches.
e. Bituminous Concrete Driveway
Replace bituminous driveways to the condition and
thickness which existed prior to construction.
Minimum thickness shall be 2 inches. Construction
shall be executed in accordance with Asphalt
Concrete Pavement Replacement for Pipe Trenches.
f. Tack Coat
Apply a tack coat on existing asphalt concrete
pavement and to each lift of new pavement that is to
receive a succeeding lift in conformance with
Section 403 of the Standard Specifications for
Highway Construction.
g. Prime Coat
The prime coat shall be applied to the leveling
course in accordance with Section 403 of the
referenced specification at the rate of 0.20 to
0.30 -gallon per square yard of surface area. The
exact amount is to be determined by the Engineer.
h. Construction Of Asphalt Concrete Pavement
Lay asphalt concrete over the base course in a
single lift and the compacted depth shall be
3 inches. The method of proportioning, mixing,
transporting, laying, processing, rolling the
material, and the standards of workmanship shall
D2-16(9) City of Fayetteville
Sewer System Improvements
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conform to the applicable requirements of Section
408 of the Standard Specifications.
The Engineer will examine the base before the paving
is begun and bring any deficiencies to the
Contractor's attention to be corrected before the
paving is started. Roll each lift of the asphalt
concrete and compact to the density specified in the
referenced Standard Specification for Highway
Construction. The grade, line, and cross section of
the finished surface shall conform to the Drawings.
Asphalt or asphalt stains which are noticeable upon _
surfaces of concrete or materials which will be
exposed to view shall be promptly and completely
removed.
i. Asphalt Concrete Pavement Replacement For Pipe '
Trenches
Bring the trench to a smooth, even grade at the
correct distance below the top of the existing
pavement surface so as to provide adequate space for
the base course and pavement.
All required paving cuts shall be made with a 1
concrete saw in a true and straight line on both
sides of the trench, a minimum of twelve (12) inches
outside the trench walls. The trench shall be
backfilled and the top nine (9) inches shall be
filled with required materials as shown on paving
details, compacted and level with the finished
street surface. This finished grade shall be
maintained in a serviceable condition until the
paving has been replaced. All resident's driveways
shall be accessible at night and over weekends.
It has been determined by Engineer that the strip of
existing HMAC pavement between the existing gutter
and the edge of the trench pavement repair will not
hold up if such strip of existing pavement is two
(2) feet or less in width.
Therefore, at the location in the project where the
trench wall is'three (3) feet or less from the lip
of the existing gutter, the Contractor shall be
required to remove the existing paving to such
gutter. The pavement repair shall then be made from
a minimum distance of twelve (12) inches outside the
trench wall nearest the center of the street to the
gutter line.
Compact the subgrade with mechanical vibratory or ,
impact tampers to a minimum of 95 percent of maximum
as determined by ASTM D 1557. Any subsequent
settlement of the finished surfacing during the
City of Fayetteville D2-16(10)
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warranty period shall be promptly repaired by the
Contractor, at the Contractor's sole expense.
' Place sufficient base course on the subgrade to
obtain a thickness of 6 inches after compaction.
Place for the full width of the trench and process
as required to provide a smooth surface without
segregation.
Compact the base course with mechanical vibratory or
impact tampers to a minimum of 95 percent of maximum
as determined by ASTM D 1557. Any subsequent
settlement of the finished surfacing during the
warranty period shall be promptly repaired by the
Contractor, at the Contractor's sole expense.
Place base course under all pavement to be replaced
and, in addition, under gravel surfaced shoulders
and other graveled areas.
After the leveling course has been compacted, apply
an asphalt prime coat, specified above, at 0.20 to
0.30 gallon per square yard to the surface of the
leveling course and to the edges of the existing
pavement.
Place the asphalt concrete on the prepared subgrade
over the trench to a compacted depth of not less
than 3 inches or the depth of the adjacent pavement,
whichever is greater. Spread and level the asphalt
concrete with hand tools or by use of a mechanical
spreader, depending upon the area to be paved.
Bring the asphalt concrete to the proper grade and
compact by rolling or the use of hand tampers where
rolling is impossible or impractical.
Roll with power rollers capable of providing
compression of 200 to 300 pounds per linear inch.
Begin the rolling from the outside edge of the
replacement progressing toward the existing
surfacing, lapping the existing surface at least 1/2
the width of the roller. If existing surfacing
bounds both edges of the replacement, begin rolling
1 at the edges of the replacement, lapping the
existing surface at least 1/2 the width of the
roller, and progress toward the center of the
replacement area. Overlap each preceding track by
at least 1/2 the width of the roller and make
sufficient passes over the entire area to renove all
roller marks.
The finished surface of the new compacted paving
shall be flush with the existing surface and shall
conform to the grade and crown of the adjacent
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I D2-16(11) City of Fayetteville
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Immediately after the new paving is compacted, all
joints between new and original asphalt pavement
shall be painted with hot asphalt or asphalt
emulsion and be covered with dry paving sand before
the asphalt solidifies.
The surface smoothness of the replacement pavement
shall be such that when a straightedge is laid
across the patch area between the edges of the old
surfacing and the surface of the new pavement, the
new pavement shall not deviate from the straightedge
more than 1/4 -inch.
The pavement shall be replaced within a maximum of
five (5) working days, providing job placement
conditions will permit repaving. If paving
conditions are not suitable for repaving, in the
opinion of the Owner, the repaving shall be done at
the earliest possible date.
Asphalt Highway Repair
Asphalt Highway Repair shall be in accordance with
the Arkansas State Highway and Transportation
Department Standard Specifications for Highway
Construction.
k. Concrete Highway Repair
Concrete Highway repair shall be in accordance with
the Arkansas State Highway and Transportation
Department Standard Specifications for Highway
Construction.
1. Weather Conditions
Asphalt shall not be applied to wet material.
Asphalt shall not be applied during rainfall, sand
or dust storm, or any imminent storms that might
adversely affect the construction. The Engineer
will determine when surfaces and material are dry
enough to proceed with construction. Asphalt
concrete shall not be placed (1) when the
atmospheric temperature is lower than 40 degrees -F,
(2) during heavy rainfall, or (3) when the surface
upon which it is to be placed is frozen or wet.
Asphalt for prime coat shall not be applied when the
surface temperature is less than 50 degrees F.
Exceptions will be permitted only in special cases
and only with prior written approval of the
Engineer.
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City of Fayetteville D2-16(12)
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m. Concrete Pavement
Pavement replacement shall be the same thickness as
' that removed, except that in no instance shall it be
less than a minimum of 6 -inches. Protect the newly
placed concrete from traffic for a period of 7 days
' and cure by covering with burlap, sand, earth, or
sawdust, which is kept continuously wet.
Handle and place concrete pavement in accordance
with the Standard Specifications for Highway
Construction of the Arkansas State Highway and
Transportation Department.
n. Gravel Surfacing
Where required by the Drawings, and where necessary
to match existing surfaces, place crushed rock,
gravel surfacing material, as specified herein, on
streets, driveways, parking areas, street shoulders,
and other gavelled areas disturbed by the
construction. Spread the rock by tailgating and
supplement by hand labor where necessary. Level and
grade the rock to conform the existing grades and
surfaces.
ID. Measurement and Payment
1. Pavement Surfaces
Pavement, sidewalk, driveway and curb replacement shall
1 be paid for at the Contract Unit Price for the
applicable item as indicated in the Bid Schedule.
Placement of temporary road surface shall be considered
incidental to the cost of final restoration.
Payment will only be made for areas along the centerline
of the sewer line. The following items of work under
this Section are specifically listed for separate
measurement and payment.
a. Pavement removal and replacement for the various
types of pavement at the Contract Unit Price per
linear foot, which includes removal of the existing
pavement and sub -base and installation of the
required type of pavement, prime coat for bituminous
pavement, granular base, and full depth sawcutting.
b. Combination concrete curb and gutter removal and
replacement, at the Contract Unit Price per linear
foot, which includes granular base and sawcutting of
contraction joints at a spacing not to exceed
20 linear feet.
I D2-16(13) City of Fayetteville
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c. Concrete sidewalk removal and replacement at the 1
Contract Unit Price per linear foot which includes
granular base.
d. Concrete or bituminous concrete driveway removal and 1
replacement at the Contract Unit Price per linear
foot which includes granular base.
2. Additional widths necessary at manholes and special
structures shall not be measured. The cost of such
additional removal and replacement shall be included in
the unit price for manholes and special structures. The
length of curb and gutter crossing the conduit shall be
paid for at the maximum trench width as given in the
trench width table plus one foot on each side of the
trench.
3. The Contractor may elect to construct the conduit by
boring or jacking with the approval of the Engineer. In
such an event he shall be compensated by payment of
units of driveways, sidewalks, or curbs and gutters
which would have been measured for payment had open cut
methods been employed.
4. Payment for all other surface restoration shall be
considered a subsidiary obligation of the Contractor and
shall be included in the bid price for the item affected
thereby.
5. If restoration work is not completed, 30 percent of the
Contract Price will not be eligible for payment.
END OF SECTION D2-16
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City of Fayetteville D2-16(14)
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1 D2-17 SANITARY SEWER PIPE CONNECTIONS TO EXISTING MANHOLES
A. General
1. Description
This Section describes the connection of new sanitary
sewer main to existing manholes.
1 2. Furnish the labor, materials, equipment, tools, and
services required for the installation and connection of
the replacement sewer pipe to the existing manhole per
detail shown on the drawings in this document.
B. Materials
t1. Non -Shrink Grout
' Grout shall be non -shrink in the plastic state and show no
expansion after set as tested in accordance with
ASTM C 827 and shall develop compressive strength not less
than 3,000 psi with a trowelable mix within 24 hours per
ASTM C 109. The placement time shall be not less than
45 minutes based on initial set per ASTM C 191. Test
results shall be furnished by the manufacturer and
' submitted to the Engineer.
2. Flexible Gaskets
Openings for each connecting pipe shall be circular with a
compression type flexible rubber gasket cast integrally
into the manhole wall as shown on the drawings included in
this document. Flexible gaskets shall be manufactured in
accordance with rubber joint specification ASTM C 443 and
shall meet the performance and test requirements of
ASTM C 425 for compression joints. Flexible gaskets shall
be A-Lok, Presswedge, or approved equal.
IC. Execution
The Contractor shall break into the existing manhole with an
opening 6 inches minimum greater than the outside diameter of
the pipe being connected to the existing manhole. The
flexible connection shall be installed and supported at the
proper elevation and non -shrink grout shall be placed between
the rubber gasket and the existing walls of the manhole.
Where the grout has achieved sufficient strength so that it
will not be damaged, the pipe connection shall be made. After
the connection is made the bench and trough shall be repaired
using non -shrink hydraulic cement.
D2-17(1) City of Fayetteville
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D. Measurement and Payment I
Connections of new pipe to existing manholes will not be paid
for separately and shall be included in the cost of the pipe
being installed.
END OF SECTION D2-17
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City of Fayetteville D2-17(2)
Sewer System Improvements
D2-18 PIPE JOINT GROUTING AND TESTING
A. General
1. Scope
This section governs all work, materials and testing
required for the pressure grouting of pipe defects.
2.
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Description
The Contractor shall be responsible for the furnishing
of all labor, supervision, materials, equipment, and
testing required for the completion of pressure grouting
of pipe defects in accordance with the Contract
Documents.
Manufacturer's Recommendations
Materials, additives, mixture ratios, and procedures
utilized for the grouting process shall be in accordance
with manufacturer's recommendations.
Pipes
Pipes to be grouted are of concrete and vetrified clay
pipe.
B. Materials
1. Scope
This section governs the materials required for
completion of pressure grouting of pipe defects.
2. Grouting Materials
a. Urethane Gel Grout
1. Urethane gel grout, such as Scotch -Seal 5610 gel
or equal shall be a hydrophilic polymer. The
chemical shall be mixed within the range of from
8 to 10 parts of water and shall contain a
reinforcing agent supplied by the sane
manufacturer. The material shall gel and cure
to a tough flexible elastomeric condition. When
wet, the gel shall exhibit strength properties
of at least 25 psi tensile at 150 percent
elongation. The material shall not change in
linear dimensions more than eight percent when
subjected to wet and dry cycles.
D2-18(1) City of Fayetteville
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2. The chemical grout shall be applied so as to
have the grout material flow freely into the
defects. To avoid any wastage of the material
flowing through the defects gel control agent
may be added. The following properties shall be
exhibited by the chemical grout.
a. Documented service of satisfactory
performance in similar usage.
b. Controllable reaction times and shrinkage
through the use of chemicals supplied by the
same manufacturer. The minimum gel set time
shall be established so that adequate grout
travel is achieved.
c. Resistance to chemicals; resistant to most
organic solvents, mild acids and alkali. I
d. Compressive recovery return to original
shape after repeated deformation. ,
e. The chemical shall be essentially non-toxic
in a cured form.
f. Sealing material shall not be rigid or
brittle when subjected to a dry atmosphere.
The materials shall be able to withstand
freeze/thaw and moving load conditions.
g. Sealing material shall be noncorrosive.
3. A reinforcing agent such as Scotch -Seal Brand
5612 reinforcing agent or equivalent shall be
utilized in accordance with manufacturer's
recommendations. Any 5612 reinforcing agent
which contains lumps must be discarded. Care
must be taken to be sure that the pH of the
water in the tank is from 5 to 9. As a
precaution against the possibility of the pH
being outside this range, take a small amount of
water from the tank to which Gel Reinforcing
Agent 5612 is to be added. Add a few drops of
5612 to this test sample. Scotch -Seal Brand Gel
Reinforcing Agent 5612 should disperse readily.
If precipitation occurs, drain the tank and
retest. Repeat as necessary until dispersion
occurs. If dispersion does not occur, do not
use the water source.
A filler material such as Celite 292
(diatomaceous earth) from Johns Mansville or
equivalent shall be utilized. The addition of
the filler material shall not exceed the
quantity specified by the manufacturer, and
continuous agitation of the water side of the
City of Fayetteville D2-18(2)
Sewer System Improvements
mixture is required. The filler material may
also be utilized as a reinforcing agent in
accordance with the urethane gel grout
manufacturer's recommendations.
b. Root Control
Contractor shall add a root inhibiting chemical such
as dichlobenil to the chemical grout mixture at a
safe level of concentration and shall have the
ability to remain active within the grout for a
minimum of 12 months. The root control agent shall
be applied prior to testing or sealing to allow for
adequate root decay. Root control shall be as
manufactured by Norasac, Casaron, or equivalent.
1. The active component for destroying intruding
roots shall be a potent nonsystemic toxin that
kills contracted roots at low concentrations but
does not permanently affect noncontacted parts
of the plant at a distance from the treated
roots. The active ingredient must be
spontaneously detoxified by natural chemical or
biochemical processes in a relatively short time
following its use. The active ingredients shall
have no adverse effect on the performance of a
wastewater treatment plant, shall be removable
by conventional treatment processes, and shall
be registered with the Environmental Protection
Agency.
2. The active ingredient for inhibiting regrowth of
root intrusions shall on contact inhibit root
cell growth but not be transported so as to
damage other portions of the parent plant. The
material shall bind firmly to the soil in the
vicinity of the openings in the line joints so
as to form a persistent chemical barrier that
suppresses the growth of root tips. It shall be
sufficiently stable under the conditions of use
to provide protection for 12 months or longer.
3. The root control agent shall be delivered to the
project site in undamaged, unopened containers
bearing the manufacturer's original labels.
Sufficient quantities of root control agent
shall be stored at or near the work site to
ensure that operations will not be delayed by
shortages.
D2-18(3) City of Fayetteville
Sewer System Improvements
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c. Material Identification '
The Contractor shall completely identify the types
of grout, mortar, sealant, and/or root control
chemicals used and provide case histories of
successful use or defend the choice of grouting
materials based on chemical and physical properties, ,
ease of application, and expected performance.
d. Mixing and Handling
Mixing and handling of chemical grout and forming '
constituents, which may be toxic under certain
conditions shall be in accordance with the
recommendations of the manufacturer and in such a
manner as to minimize hazard to personnel. It is
the responsibility of the Contractor to provide
appropriate protective measures to ensure that
chemicals or gels produced by the chemicals are
under control at all timesand are not available to
unauthorized personnel or animals. All equipment
shall be subject to the review of the Engineer.
Only personnel thoroughly familiar with the handling
of the grout material and additives shall perform
the grouting operations.
C. Execution '
1. Sewer Line Cleaning
a. All sewer sections requiring grouting shall be
thoroughly cleaned by an appropriate method. When
it has been determined that only small deposits of
debris exist within the sewer line, then light
cleaning methods can be used to remove those
deposits. Equipment such as balls, scooters, high
pressure water jetting equipment, brushes and/or
swabs shall be permitted.
b. Where it has been determined that large deposits of
debris or root growth exist within the sewer lines,
heavy equipment shall be used to remove such
deposits. Bucket machines, scrapers, augers, and
root cutters can be utilized for heavy duty
cleaning. Special care shall be taken when using
heavy equipment to avid damage to the sewer line. ,
c. All sludge, dirt, sand, rocks, grease, and other
solid or semi -solid materials resulting from the
cleaning operations shall be removed at the
downstream manhole of the cleaned section. All
debris removed from the cleaned sewer segments shall
be taken to a landfill or a dump site approved by
the Engineer.
City of Fayetteville D2-18(4)
Sewer System Improvements
1 2. Joint Testing
a. Each designated sewer line section shall be repaired
' by the "test and seal" method. Each joint shall be
pressure tested. Those joints failing the pressure
test, and requiring sealing shall be tested after
sealing. The testing shall be accomplished by the
application of positive pressure to the joint.
Pressure shall be measured at the joints and an
above ground pressure gauge shall indicate the
measured pressure.
b. For an air pressure test a pressure of six psig
shall be applied to each joint. Once the pressure
at the joint has been recorded, pressure shall be
observed for ten seconds. If the pressure on the
1 joint drops one psig within ten seconds, then the
joint will have failed the air test. For a water
pressure test a pressure of ten psig shall be
applied to each joint. If the pressure on the joint
drops one psig within ten seconds, then the joint
will have failed the test. Joints that fail the air
test or water test shall be sealed a specified
herein and retested by the same procedure until the
pressure test has been passed. The pressure gauge
shall have adequate resolution to accurately
indicate gauge pressure in one psi increments.
3. Joint Sealing
a. Chemical grout shall be injected into the defective
joints and other pipe defects using a hollow packer
to allow for flow of wastewater during the sealing
operation. The packer shall have inflatable sleeves
to force grout material into the pipe joint.
b. After sealing the joint or other defect, the packer
shall be deflated and moved off the joint to allow
the sealed joint to be observed on the TV monitor.
The joint shall be clean and free from gel rings or
any gel build up. If not, it shall be wiped clean
by slightly inflating the packer sleeve and moving
the packer forward slowly to remove any excess gel.
' After verifying that the joint is clean, a pressure
test shall be performed on the sealed joint to
insure the integrity of the seal. A meter or
another measurement device reviewed by the Engineer
1 shall be used to verify grout quantities.
c. To avoid the use of excessive grout material, the
Engineer may require a shorter gel set time and
temporary waiting periods to allow the injected gel
to set prior to resuming grout injection. Injection
shall continue at intervals as required by the
1 Engineer.
I D2-18(5) City of Fayetteville
Sewer System Improvements
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4. Line Grouting From Surface
When an actively flowing sanitary sewer pipe is
determined by the engineer to be too large or has too
much flow to accommodate a chemical grouting device, or
other type of packer, then a hole from the ground
surface may be jetted over the damaged area of pipe to
allow the injection of grout into the defective pipe
section.
5. Television Tape Review of Grouting
a. The Contractor shall furnish a television camera and
monitor equipped with VHS video tape recorder to
record the entire grouting operation. A spare
camera and monitor shall be available within
24 hours to avoid delay if the equipment should
break down. VHS video tapes of this operation shall
be available for the Engineer to review. The tapes
shall become the property of the Owner at the
completion of the project.
b. The television camera used for tape review shall be
specifically designed and constructed for this
purpose. Lighting for the camera shall be suitable
to allow a clear picture of the entire periphery of
the pipe.
c. A footage meter with footage appearing on the video
screen shall be provided so that the location of the
TV camera and the point of observation is known at
all times. Camera visibility shall be maintained at
all times during the grouting operation with cable
provided between the camera and the packer in a
manner to allow for accurate visual centering of the
packer on the joints to be grouted.
6. Records
The Engineer shall be supplied with complete records
regarding the joint or defect testing, joint or defect
sealing, quantity of grout used at each joint or defect,
the number of injections required to seal each joint or
defect, and TV tapes with audio and visual accounts of
the testing and sealing operation on each joint or
defect.
7. Testing Repaired Sanitary Sewer Lines
Testing of sanitary
following chemical
Section D1-8.
sewer lines for watertightness
grouting shall be as specified in
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City of Fayetteville D2-18(6)
Sewer System Improvements
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D. Measurement and Payment
This work item shall be paid for at the Contract Unit
Price per linear foot measured from the center of the
manholes at each end of the sewer segment. The price
shall be payment in full for the performance of the work
as specified herein including labor, equipment to test
joints, sealing at defective joints and other defects,
grout material, retesting sealed joints, providing tapes
and records for the specified segments, sewer cleaning,
debris removal, and root control and removal.
END OF SECTION D2-18
I
D2-18(7) City of Fayetteville
Sewer System Improvements
CFP.PIFICI;T£ OF r1ST:RpNCE
1O: C^'Y OF FAYE7TEVILLE, ARIQNSAS Date
NAME CF PRCJDCT:
PROJECT ::J*,SER:
1}ZS IS TO CERITFY
(Name and Address of Irs,red)
is, at the date of this certificate, insured by thisy with respect to the
• business operations hereinafter described, for the type of insurance and in accordance
with the provisions of the standard policies used by this Co parry, and further
hereirafter described. Exceptions to standard policy noted on reverse side hereof.
TYPE OF INSURANCE
ires
Limits of Liability
Policy No.
Effective
Worker's tion
Ca:grehensive General
Bodily Injury:
Liability Insurance
Ea. Occ rrence: $
(Public Liability)
Property Damage:
Ea. Occurrence: $
Blast'
I. Occurrence: $
Collapse of Buildings
Cr structures adjacent
Ea.Occurrence: $
to excavations
DasnaUtilities e to �
E. Occurrence: $
Euilde-'s Risk
Bodily Injury:
Carprelhensive
Ea. Person $
Autambile
E. Ooarrenoe $
Liability
Property Damage:
E. Occ urernce: $
Bodily Injury:
Contractual Liability
Ea, O $
Property Damage:
E. Occurrence: $
Other
Locations covered:
Description of operations covered:
The above policies either in the body thereof or by appropriate endorsement provide that they
may not be changed or canceled by the insurer in less than five (5) days after the insured
has received written notice of such duarye/or cancellation.
Where applicable local laws or regulations require more than five (5) days actual notice of
change or cancellation to be assured, the above policies contain such special require:ents,
either in the body thereof or by appropriate endorsement thereto attached.
Fa,ettevilie Agent
1 Address