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HomeMy WebLinkAbout55-98 RESOLUTION• RESOLUTION NO 5 5 9 8 A RESOLUTION AWARDING BID NO. 98-25114 THE AMOUNT OF $453,793.05 TO SWEETSER CONSTRUCTION, INC., FOR IMPROVEMENTS TO STREETS, SIDEWALKS, AND STORM DRAINAGE EN THE SOUTHEAST TARGET AREA; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 That the City Council hereby awards Bid No. 98-25 in the amount of $453,793.05 to Sweetser Construction, Inc., for improvements to streets, sidewalks, and storm drainage in the Southeast Target Area; and authorizes the Mayor and City Clerk to execute a contract for said amount. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 7 The City Council hereby approves a budget adjustment in the amount of $106,022 increasing expense account, Public Improvement Target, Acct. No. 2180 4990 5390 17, Project No. 97070 1 and decreasing expense account for Trans to Council on Aging, Acct. No. 2180 4990 5722 00, Project No. 96092 1. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this „IL' day of May , 1998. t tt,.N N APPROVE ATILESTs By 1M-• //SI Heather Woodruff, City Cle By. red Hanna, Mayor so • • City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1998 Department: Division: Program: Administrative Services Community Development Public Facilities / Imps Date Requested March 31, 1998 Adjustment # Project or Item Requested: $106,022 in additional funding is requested for the CDBG Street Improvements Capital Project. Project or Item Deleted: $106,022 from the Walker Senior Center Project. Justification of this Increase: The bids for this particular project came in higher than what was budgeted. Justification of this Decrease: The Walker Senior Complex is not expected to be under construction until 1999. Additional funding will be added if needed during the 1999 Budget Process. Increase Expense (Decrease Revenue) Account Name Amount Public Improvement Target 106,022 Account Name Account Number Project Number 2180 4990 5390 17 97070 1 • Decrease Expense (Increase Revenue) Amount Account Number Trans to Council on Aging 106,022 2180 4990 Project Number 5722 00 96092 1 Approval Signatures zarti fer• Requested By Date ---s'- 9 i Date Department Director Date Admin. rvices Dir ctor 471, Mayo Date 3/Ioe! P.: TYPe: A Date of Approval Budget Office Use Only Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester DADATAVORMSB4-ADABADJF238.1VM Agenda Request X Contract Review Grant Review For the City Council Meeting of STAFF REVIEW FORM N/A . .R675 a 7L424C7 lataY9 W 3/c? MICROFILMED From: Jan Simco Name Community Development Division Admin Services Department ACTION REQUESTED: Review request for change to engineering services contract. COST TO THE CITY: $1,182 Cost of this request 2180.4990.5390.17 Account Number 97070 10 Project Number $710,788 Project Budget $705,134 Funds used to date $5,654 Remaining Budget Public Improvement Target Category/Project Name Public Facilities / Improv Program Name Community Development Fund BUDGET REVIEW: X Budgeted Item Budget oordinator Bu get Adjust ent Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW. Accou A / All2k ci ttth tryyr fp Date -P Cts1 ,3-10-99 / *19 Date Purchasing Manager Date G antor Agency: In rnal Auditor Date ADA Coordinator Date STAFF RECOMMENDATION: Staff requests approval of change order ( D ion Head Date 009 Svcs Director Date ,thA Department Director Date Myor Date 1-FAYETTEVILLE • THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Staff Review Committee From: Jan Simco, Community Development Coordina Date: 3/9/99 Re: Change Order for Street Project; Addition to Engineer Contract Northwest Engineers, also known as Crafton, Tull & Associates, Inc., has requested payment of $1,181.79 over their original contract which is due to additional design work required for a change in the scope of the Street Project construction work. Community Development requests that the change be approved. FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE fry cleAL To: Jan Simco, Community Development From: Heather Woodruff, City Clerk Date: March 16, 1999 Attached is a copy of the completed staff review form and amendment for the contract with Crafton, Tull and Associates for the South East Target area street improvements. The original will be microfilmed and file with the city clerk. cc. Internal Auditor File 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • s c-yig °P' CONSTRUCTION SPECIFICATIONS AND BID DOCUMENTS CURB & GUTTER, SIDEWALK AND STORM DRAINAGE IMPROVEMENTS FOR FAYETTEVILLE COMMUNITY DEVELOPMENT STREET PROJECT Fayetteville, Arkansas NWE No. 97024.00 ,tv, ,,,,,,,,, March 1998 , so.TE or -rt. 0,444ts 0 F 4tig,se Q••. GRAFTON, TULL & ASSOCIATES, INC &10.109 '.AsAs EN5 ,,, Prepared by: NORTHWEST ENGINEERS CIVIL ENGINEERING CONSULTANTS A DIVISION OF GRAFTON, TULL & ASSOCIATES, INC. P.O. Box 1173 /524 W. Sycamore Fayetteville, Arkansas 72702-1173 1 1 1 1 1 1 1 1 1 ?es, 55-9A CURB & GUTTER, SIDEWALK AND STORM DRAINAGE IMPROVEMENTS FOR FAYETTEVILLE COMMUNITY DEVELOPMENT STREET PROJECT FAYETTEVILLE, ARKANSAS NWE No. 96058.00 ADDENDUM NO 01 03/24/98 The contract documents for the above referenced project, dated March, 1998, are hereby amended by this Addendum, dated March 24, 1998, consisting of 1 sheet. REVISION TO THE BID PROPOSAL: (1) The number of working days the Contractor has to complete this project is ninety 90 working days, and not forty-five (45) as stated in the BID PROPOSAL •••-- INDEX Advertisement for Bids Instruction to Bidders Bid Proposal Statement of Bidder's Qualifications Contract Agreement Performance Bond Payment Bond General Conditions Supplement to General Conditions Technical Specifications DIVISION 2 ITEM 202 Clearing and Grubbing ITEM 203 Removal and Disposal ITEM 216 Pipe Culverts ITEM 217 Drop Inlets and Junction Boxes ITEM 225 Seeding ITEM 228 Rip Rap ITEM 240 Excavation and Embankment ITEM 241 Pipe Underdrain ITEM 250 Temporary Erosion Control ITEM 260 Maintenance of Traffic ITEM 301 ITEM 304 ITEM 310 DIVISION 3 Portland Cement Concrete Concrete Sidewalks Reinforcing Steel for Structures DIVISION 19 ITEM 1901 Concrete Curb and Gutter ITEM 1904 Class 7 Stone Base Course Appendix A - OSHA Safety Requirements for Excavation Appendix B - Minimum Street Standards, City of Fayetteville Appendix C - Sidewalk Ordinance, City of Fayetteville ADVERTISEMENT FOR BIDS CURB & GUTTER, SIDEWALK AND STORM DRAINAGE IMPROVEMENTS FOR FAYETTEVILLE COMMUNITY DEVELOPMENT STREET PROJECT CITY OF FAYETTEVILLE, ARKANSAS BID NO. 98-25 Sealed bids for the construction of curb & gutter, sidewalk and storm drainage improvements for the Fayetteville Community Development Street Project, will be received by the City of Fayetteville, Arkansas, at the Purchasing Office, Room 306, City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas, 72701, until 1 30 p.m. local time on Monday. March 30. 1998, and then at said office publicly opened and read aloud. The proposed work generally consists of street curb & gutter and storm drainage construction. The attention of all Bidders is particularly called to the following: • The requirements of the specifications that traffic be kept open to the public during construction. A minimum of one lane of traffic shall be maintained at all times. • The requirements as to conditions of employment to be observed and minimum wage rates to be paid under the contract. The Contract Documents, consisting of the Advertisement for Bids, Instruction to Bidders, Bid Proposal, Contract, General Conditions, Supplementary Conditions, Payment Bond, Performance Bond, Drawings, Specifications, and Addenda, may be examined and obtained at the office of Northwest Engineers, 524 West Sycamore, Fayetteville, Arkansas. Each contractor shall be responsible for the investigation, inspection, and studies of the project site as deemed necessary to familiarize themselves with all conditions encountered. Each contractor shall be responsible to read and comply with the Instructions to Bidder as contained in the Contract Documents. Each bid must be accompanied by a cashier's check or surety bond in an amount of five percent (5%) of the total whole bid. Said bond shall be issued by a resident local agent vino is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power-of-attorney. Adbid.wps The mere countersigning of the bonds by a resident agent shall not be sufficient. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds in accordance with the Contract General and Supplemental Conditions, the Owner shall retain said check or bond as liquidated damages. Bids shall be made on the official bid sheets contained in the specifications, and such bid sheets shall not be removed from the remainder of the Specifications and Contract Documents. The bidder shall attach any addenda issued to the front of the bid documents and include them in the sealed bid submitted to the Owner. All bids shall be sealed and the envelope addressed to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas 72701, and clearly marked on the lower left side of the bid envelope shall be the following information: The Bid number, the project name/title, the date of the bid opening, the time of the bid opening and the bidding contractor's name and license number. All bidders shall be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. No bidder may withdraw his bid within sixty (60) days after the actual date of the bid opening. The City of Fayetteville reserves the right to reject any and all bids, and to waive any formalities as deemed to be in the best interest of the City of Fayetteville. THE CITY OF FAYETTEVILLE IS AN EQUAL OPPORTUNITY EMPLOYER Adbid.wps am' Federal Labor Standards Provisions U S. Department of Housing and Urban Development air Applicability The Project or Program to which the construcfion work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions -are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or work- ing upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractural relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv): also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classificafion of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classifica- tion for the time actually worked therein: Provided, That the employer's pay- roll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the con- tractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry, and (3) The proposed wage rate, including any bona fide fringe bene- fits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) 11 the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or as designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shaft be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve. modify, or disapprove every additional classifi- cation action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or as designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), Previous Edition is Obsolete HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee. to the Administrator for determination. The Administrator, or an authorized repre- sentative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Man- agement and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this con- tract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer cr mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary ol Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices. trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. h the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract HUD or its desig- nee may, atter written notice to the contractor, sponsor, applicant, or owner, lake such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, dis- burse such amounts withheld for and on account of the contractor or sub- contractor to the respective employees to whom they are due. The Comp- troller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her cor- rect classification, hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-b7con Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pro- gram described in Section 1(b)(2)(B) of the Davis -Bacon Act. the contractor shall maintain records which show that the commitment to provide such HUD -4010 (2-84) (HB 1344.1) benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been comrnunicaled in writing to the laborers or mechanics affected, and records which show the costs antici- pated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certifi- cation of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ApProved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(1). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Docu- ments (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington. DC. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned; without rebate, either directly or indirectly, and that no deductions have been made either directly or indi- rectly from the full wages earned other than permissable deductions asset forth in 29 CFR Part3, (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the clas- sication-of work performed, as specified in the applicable wage determina- tion incorporated into the contract (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compfiance" required by paragraph A.3.(ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. . . . (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcon- tractor fails to submit the required records or to make them available, HUD or its designee may, atter written notice to the contractor, sponsor, appli- cant, or owner, take such action as may be hecessary to cause the sus- pension of any further payment, advance, or guarantee of funds. Further- more, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 4. (i) Apprentices and Trainees. Apprentices. Apprentices will be per- mitted to work at less than the predetermined rate for the work they per- formed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training. or with a State Apprenticeship Agency recognized by the Bureau. or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment 25 an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered prooram. Any worker -listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determi- nation for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the jour- neyman's hourly rate) specified in the contractor's or subcontractor's regis- tered program shall be observed Every apprenctice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions at the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. 11 the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a Slate Appren- ticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work per- formed unless they are employed pursuant to and individually registered in a program which has •received prior approval, evidenced by formal certifi- cation by the U.S. Department of Labor, Employment and Training Admini- stration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee pro- gram does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits fisted on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination Which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Admin- istration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predeter- mined rate for the work performed until an acceptable program is approved. (Hi) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the -requirements of 29 CFR Part 3 which are incorporated by reference in this contract .6. Subcontracts. The contractor or subcontractor will insert in any sub- contracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for -the compliance by any subcontractor or lower tier subcon- tractor with all the contract clauses in 29 CFR Pail 5.5. 7. Contrade termination; debarment. A breach of the contra= clauses in 29 CFR 5.5 may be grounds for terminon of the contract and or debar- ment as a contactor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. Al! rul- ings and interpretations of the Davis -Bacon and Related Acts conained in 29 CFR Parts 1. 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract stall not be subject to the oeneral disputes clause of this contract. Such caputes shall be resolvc-c in accor- dance with the procedures of the Depa-rnent of Labor set forth in 29 CFR Parts 5,6, and 7. Disputes within the meaning of this clause inGude dis- putes behveen the contractor (or any of its subcontractors) and HUD or its designee, the U S. Department of Labor. or the employees or their representativ. 10. @Certification of Eligibility. By snaring into this contract the con- tractor cerlifis that neither it (nor he G she) nor any person or brm who has an inleresz in the contractor's firm is a person or firm ineligible to be awarded Gove-nment contracts by vinare of Section 3(a) of the Davis - Bacon Act or 22 CFR 5.12(a)(1) or to be awarded HUD contra or partici- pate in HUD programs pursuant 10 24 CFR Part 24. (11) No pan of this contract shall be subcontracted to any person or firm ineligible for a ward of a Government contract by vinue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(01) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iII) The penalty for making false stements is prescribed in the U.S. Criminal Code. 18 U.S.C. 1001. Additionally, U.S. Crimnal Code, Section 1010, Title 16. *-1.S.C.. "Federal Housirc Administrafion transactions", pro- vides in part 'teilhoever, for the purpose. of. . influencing in arry way the action of such rdministration. . . maks utters or publishes ay statement, knowing the sane to be false. shag be fined not more than S5.000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or TesErnony by Employees. rib laborer or mechanic to %einem the wage, salary, rx- other labor standards provisions of this Contract the applicable shall be cd'harged or in any other manner discriminated ap,ainst by the Contractor or any subcontractor because such employee has bled any complaint or i .situted or caused to be ansttuted any proceedin; or has testified or is about to testify in any proceed, ing under or relettig to the labor standar G applicable under this Contract to his employer. 13 Contract Work Hours and Safety Standards Act. As used tri this para- graph, the tens laborers and "mechanics" include watchmen and guards. (1) Overate requirements. No Girt -actor or subcontractor contracting for any part of the contract work whidn may require or involve the employ- ment of laborers or mechanics shall repute or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in suth workweek unless such Laborer or mechanic receives corn- pensaton at a rate not less than one and one-half times the basic rale of pay for all hours worked in excess, of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the cIai.e set fonh in subparagraph (1) of this paragraph, the contractor and any subcontractor resporsibe therefor shall be liable for the unpaid wages. In addition, such contractor and subcon- tractor shall be liable to the Uniad States (in the case of work done under contraG for the District of Columbia or a territory, to such Distict or to such territory), for liquidated damages. Such liquidated damages shall be com- puted with respect to each individual laborer or mechanic. including watchmen and guards, employed in violation of the clause set forth in sub- paragraph (1) of this paragraph. in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without pay- ment of the overtime wages rewired by the clause set fo-th in subpara- graph (1) of this paragraph. (3) Wrthholding for unpaid wages and liquidated damages. HUD or its designee shall upon its Own aGon or upon written requeG of an autho- rized representative of the Deparrnent of labor withhold or- cause to be withhekt from any moneys payable on account of work performed by the contractor or subcontractor unoer any such contract or any other Federal contract with the same prime contract or any other Fede -ally -assisted con- tract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contactor such sums as may be determined to be necessary to satisfy any liabbites of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The corrra. ctor or subcontractor Gall insert in any subcorroacts the clauses set forth in subparagraph (1)through (4) of this paragraph and also a clause reduiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contrador shall be responsible for compliance by any subcontractor or lower t er subcontrac- tor with the clauses set forth in subparagraphs (1) through (4) of this paragraph C. Hearth and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazn-dous, or danger- ous to his health and safety as detemfined under consrudion safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Trtre 29 Part 1926 (formthiy part 1518) and failure to comply may result in imposition of sanctions priirsuant to the Con- tract Work Hours and Safety Sandards Act (Public Law 91-54, 83 Stet 96). (3) The Contractor shall include the provisions of this Anicle in every subcontract so that such firth/Sipes will be binding on eath subcontractor. The Cont -actor shall take such action with respect to any subcontract as the Sectary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enfordno such provisions. HUD -4010 (2-84) 1 1 INSTRUCTIONS FOR BIDDERS: 1.- Defined Terme. • Terms used in these.Instructions to Bidders which are defined in the Standard General Conditions of the Construgtion Contract shall have the meanings assigned to them in the General and Supplementary Conditions. The term "Bidder" means one who submits a Bid directly td the Owner, as distinct from a sub -bidder who submits a bid to a Bidder. The term "Successful Bidder" shall mean the lowest, qualified, responsible and Presponsive Bidder to whom Owner (on the basis of Owner's evaluation as 'hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Proposal Form, and the proposed Specifications and contract Documents (including all Addenda issued prior to the receipt of Bids). 2.- Copies of the Bidding Documents. Complete sets of the Bidding Documents in the number and amount, in any, stated in the Advertisement to Invitation to Bid may be obtained from the Engineer upon request. Complete sets of Bidding Documents must be used in preparing Bids; neither the Owner nor Engineer assumes any responsibility for error or misunderstandings resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use 3. Oualifications of Bidders. When included with, and made a part of the Bid Proposal, the Bidder must submit a completed "Statement of Bidder's Qualifications" as part of the Bid Proposal. The "Statement of Bidder's Qualifications" is required to demonstrate qualifications to perform the Work and will be used in evaluating all bids as a basis for award. 4. Examination of Contract Documents and Site. 4.1. It is the responsibility of each Bidder before submitting a Bid, to • (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local and specific conditions which may affect cost, progress, safety, performance or furnishing of the Work, (c) consider all Local, State and Federal Regulations and Laws which may affect cost, progress, safety, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents and (e) notify Engineer of any and all conflicts, errors or discrepancies in the Contract Documents. 4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by owners of such Underground Facilities or others, and Owner nor Engineer does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing site conditions appear in Article 4 of the General Conditions and any associated Supplementary Conditions. 1 4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional information, examinations, explorations, tests and studies which pertain to the physical conditions of the surface and subsurface at, or contiguous to the site or other ,wise which may affect cost, progress, safety, performance or furnishing of the Work and which the Bidder deems necessary to, determine the Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.5 Upon request in advance, the site, to conduct any observations, nedessary for submission of a Bid. holes and to restore all property Owner will provide each Bidder access explorations and tests as each Bidder Bidder shall be required to fill in to its former condition to the deems all 4.6 The lands upon the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained in advance by the Owner unless specifically noted otherwise in the Contract Documents. 4.7 .The Bidder must satisfy themselves of the accuracy to the estimated quantities in the Bid schedule by examination of the site and a review of the drawings and specifications including any Addenda. After bids have been P submitted, the Bidder shall not assert that there was any misunderstanding concerning the quantities of Work or the nature of Work to be performed. 4.8 The submission of a Bid will constitute an irrevocable representation by Bidder that Bidder has complied with every provision and requirement of this paragraph 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work. 5. Interpretations and Addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions, and/or any information deemed necessary by the Owner or Engineer, will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Only questions answered and/or other information furnished by formal written Addenda will be binding. The Point of Contact for questions and clarifications for this specific project is Sid Norbash, City Engineer, (501) 575-8206. 6. Bid security. Each Bid must be accompanied by Bid security made payable to the Owner in an amount od five percent (5%) of the Bidder's total maximum bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed and included) issued by a surety meeting the requirements of the General and Supplementary Conditions. 2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will bk returned; ,Lf the Successful Bidder fails to execute and deliver the. -Agreement and furni4h the required contract sediliiiy within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom the Owner believes to have a reasonable chance of receiving award may be retained by Owner until the earlier of the seventh day after the Effective Date of Agreement or the 61st day after the Bid opening, whereupon the Bid security furnished by such Bidders will be . returned. Bid security with Bids which are not competitive will be returned within 10 days of Bid opening. 7. Contract Time. The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (The Contract Time) are as set forth in the Bid ProposalAContract Agreement _ 8. Liquidated Damages. Provisions for liquidated damages, if any, are set forth in the Bid Proposal and/or the Contract Agreement. 9. Substitute or "Or -equal" items. The Contract, if awarded, will be on the basis of materials and -equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal' items. Substitute or "or - equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer. Application for acceptance for possible substitute or "or -equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application is set forth in Article 6.7 of the General Conditions and any associated Supplementary Conditions. 10. Subcontractors, suppliers and others. The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner and Engineer. Nor shall the Contractor allow any subcontractor to commence work until he has provided and obtained approval of such compensation and public liability insurance as required by the Contract Documents. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set forth in the Contract Documents including the Plans, Specifications, Contract and Bond(s). 11. Bid Proposal Form. 11.1 All bids must Bidding Documents. 11.2 All blank spaces for Bid prices must be filled in, in ink or type written, and the Bid form must be fully completed and executed when submitted. Only one (1) copy of the Bid form is required. be made on the required Bid Proposal form contained in the Additional copies may be requested from the Engineer. 3 h 11.3 Bids by corporations must be executed in the corporate. name by the - president or vice-president (or -other corporate officer accompanied by. evidence of authority to sign) and the corporatel seal -must be affixed<and-- attested by the secretary or an assistant secretary. The corporateraddress- -and-state of incorporation must be shown below the signature. - . . . _ bypartnerships:must be executed‘in the partnership name and signed by-• a,partner, whose title must appear under the signature and the official address of the partnership must -also be shown below the' signature. 11.5- All -names must be typedor clearly printed in ink below the signature. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid form). 11.7. The address and telephone number for communications regarding the Bid must be shown. 12. PSubmission of Bids. BidsIshall be submitted at the time and place indicated int eh Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked in the lower left.portionwith the Project Title, -Bid Number, Date of the bid opening, time of the bid opening, bidding contractor's name and license number. The Bid shall be accompanied with the Bid Security and other required forms and documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in.a separate sealed envelope wit the notatiom"Bid Enclosed" on the face of the outer envelope. THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS. 13 Modification and Withdrawal of Bids. Bids may be withdrawn or modified by an appropriate duly executed document (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within 24 hours after the opening of Bids, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the satisfaction of Owner that there is a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder shall be disqualified from further Bidding on the Work provided under the Contract Documents. 14. Openino of Bids. •• Bids will be opened and publicly read aloud at the time and location as specified in the advertisement of invitation for bids. A tabulation of the amounts of the Bids will be made available to the Bidders after preparation by the Engineer. 1 IH 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15. Bids to remain subiect to acceptance. All Bids shall remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, -at its sole discretion, release any Bid and return the Bid security prior to that date. Additionally, if deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 16. Award of Contract. 16.1 Owner reserves the right to reject any and all Bids, to waive any and .all informalities not involving price, time or changes to the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or. conditional bids. The Owner further reserves the right to reject the Bid of any Bidder if the Owner believes that if would not be in the best interest of the Project or Owner to make award to that Bidder, whether because the Bid is not responsive :or the Bidder is unqualified or of doubtful. financial ability, or of doubtful past performance, or fails to meet any.other.pertinent standard.or criteria established by the Owner. Discrepancies.in the.multiplication of,units'of Work and unit prices will be resolved in the. favor of the_unit_prices. Discrepancies between the indicated sum of any.column of.figuremend,the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating the Bids, Owner will consider the qualifications of Bidders, whether or not Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Proposal Form or prior to Notice of Award. 16.3 Owner may consider the qualifications and experience of the subcontractors, suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers and other persons and organizations must be submitted as provided for in the Contract Documents. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of material and equipment. proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability if Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible, qualified Bidder whose evaluation by Engineer indicates to Owner that the award will be in the best interests of the Project and Owner. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the date of the Bid opening. If deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 17. Contract Security. Article 5 of the General Conditions, and the associated supplementary 'Conditions set forth the owner's%requireMents as to Performance and PaYment WhentherSuccessful Bidder:delivers the executed Agreement to OWner,' 'it7Must:be accompanied by the required Performance:and PayMent Bonds. 18. Signing of Agreement. When Owner gives Notice of Award tO the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other Contract Documents attached. Within 15 days thereafter, Contractor shall sign, execute and deliver the required number of counterparts of the Agreement and attached documents to the Owner with the required Bonds. Within ten (10) days thereafter Owner shall deliver one fully signed and executed to Contractor. 19.w Compliance with State Licensing Law. Contractors must be licensed in accordance with the requirements of ACT 150, Arkansas Acts of 1965, the "Arkansas State Lidensing•Law for Contractors." Bidder who submit Bids in excess of $20,000.00 must submit evidence of their having a contractor's license before their Bids will be considered, and shall notetheir license number on the outside of their Bid. 20. Labor Laws. The Contractor shall abide by all Federal, State and Local Laws and Regulations governing labor. The Contractor shall further agree to hold and save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21. Wages and Labor. Minimum wage rates shall be equal to the basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In cases where wage rate determinations are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, the Contractor shall make use of local common and/or skilled labor as is practical. The Contractor and each subcontractor, where the amount exceeds $75,000.00 shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Arkansas Stat. 14-630). The provisions are summarized below. The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor, 2) post the scale of wages in a prominent and easily accessible place at the site of the Work, 6 3) keep an accurate record. showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which records shall be open at. all reasonable houi-s tra the inspection of the Department of Labor or the Owner, its officers and agents. A copy of the prevailing wage rates for this specific project, as established by the Arkansas Department of Labor, is attached in the Contract Documents immediately following the Instructions to Bidders. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If.it.is found that any workmentemployed by-theContractor -or-subcontractor ..has been, or is.being paid a rate -of wages -less that the rate of wages required by this Contract, the•Owner may by written notice to the Contractor, terminate the Contractor's right.to proceed with the Work or such.part of the Work as to which there has been a failure to pay the required wages and to .prosecute the Work to completion by Contract or• otherwise, and the -Contractor and.his sureties shall be liable.for.any. costs.,occasioned-thereby.. • 22. Compliance with Act 125, Arkansas Acts of 1965. The attention of Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for the payment of certain taxes on materials and equipment brought into the State. It further provides for methods of collecting such taxes. All provisions of Act 125, Arkansas Acts of 1965 shall be complied with under this Contract. 23. Withholding State Income Taxes. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid employees, whether such employees are residents or nonresidents of Arkansas. 24. Compliance with Rules and Regulations for the Enforcement and Administration of Act 162, Arkansas Acts of 1987. The attention of all nonresident Bidders is called to the provisions of Act 162, Arkansas Acts of 1987. This act provides for nonresident Contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Dept. of Finance and Administration, P.O.Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under contract within the State of Arkansas. 25. Subcontractors Bonds - Act 190, Arkansas Acts of 1993. The attention of Bidders is called to the provisions of Act 190, Arkansas Acts of 1993. In general, this act provides for the subcontractors to provide to the General Contractor performance and payment bonds, with certain regulations oh form and time, when the subcontractor's bid is in excess of $50,000.00. 7 I 26. Excavation Safety. The attention all,. Bidders is calle&to the -requirements .of.Act 291, Arkansas Acts of of 1993.,-.Excavation.and Trench Safety.. The current edition•of Occupational Safety,.and-Health,Administration-Standard for Excavation and Trench Safety Systems, 29 CFR 1926, Subpart P,. is. specifically. incorporated and made a part of these specifications and contract documents as required by Arkansas Act,.291.of.the 79th General Assembly: of,1993.i'The.Contractor.shall be solelyresponsible:for_the implementation of these requirements. - A copy of the OSHA regulations is included in�this set of specificationsas Appendix,A. - , 27. Special conditions in the specifications• . The attention of all Bidders is called to the requirements of the Minimum , Street Standards for the City of Fayetteville. In addition to the Technical Specifications for this project, the Contractor is -responsible for -construction and testing requirements outlined in these standards. A copy of the Minimum Street Standards is included in this set of specifications as Appendix B. I CI 81 ' 03/@2/1998 09:24 15013245954 CPD OFFICE DHUD PAGE @2 I I I I I I I E LI General Decision Number AR980007 Superseded General Decision No. AR970007 State: Arkansas Construction Type: HIGHWAY County(ies): STATEWIDE CONSTRUCTION, ALTERATION, AND/OR REPAIR OF STREETS, HIGHWAYS, AND RUNWAY PROJECTS (does not include structures on highway rest areas) Modification Number Publication Date 0 .02/13/1998 19 AR980007 Page: 1 03/02/1998 09:24 15313245954 CPD OFFICE DHUD PAGE 04 Euclid or like equipment operator (Bottom or end. - dump) 5.25 Finishing Machine Operators 6.10 • Flaggers 5.15 Forkliff operators 5.15 Form grader operators 5.15 Front end loader operators Finish 6.70 ' Rough 5.65 Hdro Seeder operators 5.15 Mechanics 6.90 Motor Patrol Operators; 1 Finish 6.90 Rough 5.65 Mulching machine operators 5.15 Oilers and Greasers 5.45 Piledriver operators 6.20 Power broom operators 5.15 Pug mill operators 5.15 ' Roller Operators (self propelled) 5.25 Scraper Operators: Finish 6.90 Rough 5.65 Sod slicing machine operators 5.15 Stabilizer mixing machine operators 5.65 Tractor operators (crawler type) 5.15 ' Tractor operators (farm and sheel) 5.15 Tractor operators -wheel type •' (with attach. -1 yd. or under) 5.55 Trenching Machine operators 5.55 STONEMASONS 7.20 TRUCK DRIVERS: ' Distributor truck drivers S.45 Semi -trailer 5.45 Lowboy drivers 5.65 Transit mix truck drivers 5.45 Truck Drivers (heavy - maximum pay load in excess of 3,000 lbs.) 5.15 ' Truck Drivers (light - maximum pay load 3,000 lbs.) 5.15 WELL DRILLERS 6.90 WELDERS - Receive rate prescribed for craft pe—"forming operation to which welding is incidental. ------------- - Unlisted classifications needed for work not included within A2980007 Pa e: 3 03/02/19x8 09:24 15913245954 CPD OFFICE DHUD PAGE 06 3.) If the decision of the Administrator is not favorable, an interested party may appeal'directly to the Administrative Review r - Board (formerly the Wage Appeals Board). Write to: Administrative Review Board ' U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. -C. 20210 c_) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION I I I I I- I I C1 I I I ' AR980007-_- Page: PROPOSAL FOR CURB & GUTTER, SIDEWALK AND STORM DRAINAGE IMPROVEMENTS FAYETTEVILLE COMMUNITY DEVELOPMENT STREET PROJECT Fayetteville, Arkansas ITEM NO. ITEM 1 Clearing and Grubbing Two thousand dollars/LS Words EST. QUANT Lump Sum 2 Earthwork Lump Sum Seventeen thousand five hundred dollars/LS Words UNIT PRICE $2,000.0 ILS $17.500.00/LS EXTENDED $2,000.00 $17,500.00 3 Topsoil & Seeding Lump Sum $14,200.00/LS $14,200.00 Fourteen thousand two hundred dollars/LS Words 4 2'-0" Concrete Curb & Gutter on Class 7 Base 10,500 LF $9.50/LF $99,750.00 Nine dollars and fifty cents/LF Words 5 4'-0" Concrete Sidewalk on Class 7 Base 4,300 LF $7.50/LF $32.250.00 Seven dollars and fifty cents/LF Words 6 Standard Curb Inlet (4'x4') 32 EA $1,550.00/EA $49,600.00 One thousand five hundred fifty dollars/EA Words PROP.OOC 0 ITEM ITEM EST. UNIT EXTENDED NO. QUANT. PRICE 7 Standard Curb Inlet (4'x6') 1 EA $1,800.00/EA $1,800.00 One thousand eight hundred dollars/EA Words 8 Standard Curb Inlet (6'x6') 1 EA $2,200.00/EA $2,200.00 Two thousand two hundred dollars/EA Words 9 Standard Grate Inlet 3 EA $2,000.00/EA $6.000.00 Two thousand dollars/EA Words 10 4' Curb Inlet Extension 39 EA $400.00/EA $15,600.00 Four hundred dollars/EA Words 11 Standard Junction Box (4'x4') 7 EA $1,100.00/EA $7,700.00 One thousand one hundred dollars/EA Words 12 Standard Junction Box (4'x6') 1 EA $1,700.00/EA $1,700.00 One thousand seven hundred dollars/EA Words 13 Removal of Existing RCB Culvert 373 LF $12.00/LF $4.476.00 Twelve dollars/LF Words 14 18" CPP 732 LF $22.70/LF $16.616.40 Twenty-two dollars and seventy cents/LF Words PROP OOC O ITEM ITEM EST. NO. QUANT. 15 24" CPP 1,430 LF Twenty-five dollars and seventy cents/LF Ib7.7teR 16 36" CPP 229 LF Thirty-five dollars and forty cents/LF Words UNIT PRICE $25.70/LF $35.40/LF EXTENDED $36,751.00 $8,106.60 17 18" RCP 443 LF $36.00/LF $15,948.00 Thirty-six dollars/LF Words 18 24" RCP 291 LF $41.75/LF $12,149.25 Forty-one dollars and seventy-five cents/LF Words 19 30" RCP 47 LF $49.44/LF $2,323.68 Forty-nine dollars and forty-four cents/LF Words 20 51" x 31" RCP Arch 292 LF $93.88/LF $27,412.96 Ninety-three dollars and eighty-eight cents/LF Words 21 58" x 36" RCP Arch 48 LF $109.67/LF $5.264.16 One hundred nine dollars and sixty-seven cents/LF Words 22 18" CPP FES 4 EA $150.00/EA $600.00 One hundred fifty dollars/EA Words PR0P.D0C 0 ITEM ITEM EST. UNIT NO. QUANT. PRICE 23 58" x 36" RCP FES 1 EA $1.400.00/EA One thousand four hundred dollars/EA Words 24 Concrete Driveway Apron 750 SY $24.00/SY Twenty-four dollars/SY Words 25 Class 7 Aggregate Base (Storm Drain) 1,000 Ton $12.50/Ton Twelve dollars and fifty cents/Ton Words 26 Traffic Control Lump Sum One thousand five hundred dollars/LS Words 27 Maintenance of Traffic Lump Sum Three thousand six hundred dollars/LS Words 28 Temporary Silt Fence 500 LF Three dollars and seventy-five cents/LF Words 29 Hay Bales 200 EA Three dollars and fifty cents/EA Words 30 Curb Inlet Sediment Control 37 EA One hundred dollars/EA Words EXTENDED $1,400.00 $18,000.00 $12,500.00 $1,500.00/LS $1,500.00 $3.600.00/LS $3.600.00 $3.75/LF $1,875.00 $3.50/EA $700.00 $100.00/EA $3,700.00 I I 1 I I 1 1 ITEM ITEM EST. UNIT EXTENDED NO. QUANT. PRICE 31 Trench Safety Lump Sum $500.00/LS $500.00 Five hundred dollars/LS Words 32 Chain Link Fence 500 LF $7.20/LF $3,600.00 Seven dollars and twenty cents/LF Words 33 4" Pipe Underdrain 1,500 LF $7.00/LF $10,500.00 Seven dollars/LF Words 34 4" Concrete Riprap (Ditch Pavement) 35 SY $22.00/SY $770.00 Twenty-two dollars/SY Words 35 Undercut 1,000 CY $12.50/CY $12,500.00 Twelve dollars and fifty cents/CY Words 36 Testing Lump Sum $2.700.00/LS $2.700.00 Two thousand seven hundred dollars/LS Words Total, Items 1-36 $453.793.05 Four hundred fifty-three thousand seven hundred ninety-three dollars and five cents Words Addenda have been received as follows: Number 1 Date 3/24/98 Number Date Number Date Number Date PROP DOC O The Contractor agrees to complete all work within 90 working days. ' Submitted by: Jer14D. weetser Inc. Date: 3/30/98 ontract __— By. IContractor's License Number: 0027470398 I I I 1 i I I I i I PRO.OOC I UN! I ED STATES KNOW ALL MEN BY THESE PRESENTS: I Jerry D. Sweetser, Inc. THA.............................................................................................. COMPANY BOND NUMBER of Fayetteville Arkansas .............. GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound City of Fayetteville, Arkansas Five Percent (5%) of Bid as Obligee, in the full and just sum of.....................................................................................� as Principal , and UNITED STATES FIDELITY AND Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for furnishing all labor and materials for curb, gutter, sidewalk, and storm drainage for Fayetteville Community Development Street Project, Fayetteville, Arkansas per bid #98-25. THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered....kxarch...31].,...1Q98........... (Date) .#..� .q�.- ....................... Secretary ,rte Jerry D. Sweetser, Inc. .......I............................. ........................................................... (SEAU ... ..............................................:.....................(BEAU President ., UNITED.STATES FIDELITY AND GUARANTY COMPANY a i n ��VY^/ �AM rr� Robert M. Davis Attorney -in -fact Contract Ii (Revised) (1-74) 1130895 UNITED STATES FIDELITY AND GUARANTY COMPANY POWER OF ATTORNEY / Pus Fl W NO. 106636 KNOW ALL MEN BY THESE PRESENTS: That UNWED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the Stale of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint A.P. Eason, Jr. and Robert M. Davis of the City of Fayetteville ,State of Arkansas its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. to Witness "waereot the said UNITED STATES FIDELr1 i AND GUAIiAN ri COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Via President and Assistant Secretary, this 22nd dayof January , A.D. 1993 • t UNITED STATES FIDELITY AND GUARANTY COMPANY (Sigxd) B y..�...... .. ...................... Senior Vice President •�. ;? '�` (Signed) ....��................ ,'t'A'ssistam Secretary STATE OF MARYLAND) N( SS: BALTIMORE CITY Onthis22nd dayof January Senior Vice President of the UNITED STATES FIDELITY ANDP.GUA Secretary of said Company, with both of whom I am personal) a4ai Lamendola and Paul D., -Sims the said UNITED STATES FIDELITY AND GUA1C41 IY COMPAN each knew the seal of said corporation; that the`'ea1tfxed to said Pov of said corporation. and that they signed their lames thereto by 1ikiire My Commissionexpiresthe 11th day in n ;Mari . F (Signed) 93, before me personilycame Robert J. Lamendola NTY COMPANYamid+ Paul D Sims Assistant d, who being by,me severally duly swoio;� d, that they, the said Robert J. were rtspectiVe, ,Yhe Senior Vice President and the Assistant Secretary of he.c ryoraIion described inand' Bich executed the foregoing Power of Attorney; that they of Attorary coat such corporate sell, that it was so affixed by order of the Board of Directors as Senior Via President and Assistant Secret ary, respectively, of the Company. ,AD 19 95. NOTARY PUBLIC This Power of Attorney is granted under and,byauthority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on September 24, 1992: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business maybe signed, executed, and acknowledged by persons nr enities appointed as Att^rney(s)-i^_-Fa-t purssnnt to a Power of Attemey issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company. either by the Chairman, or the President. or an Executive Vice President or a Senior Vice President, ora 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 litbographed. 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 Attorneys) -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any can, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company u if signed by an Executive Officer and sealed and attested toby the Secretary of the Company. I, Paul D. Sims 'an Assistant Secretary of the UNTIED STATES FIDELITY AND GUARANTY COMPANY. do hereby Certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in -full force and effect .� L, the undersigned Assistant Secretary of the UNTIED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force aid effect and has not been revoked. p.,4 ;.. .: In Testimony Whereof, I bave hereunto set my hand and the seal of tkfe lNfltD �STATES FIDELITY AND GUARANTY COMPANY on this day 11 ( �S I__—_ rasom w tEai',rp� � ✓, � Assistant Secretary +r'� 0`R11 FS 3 (10.92) A -,,�i STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate sheets and then attached to this statement. The Bidder may submit any additional information that he desires. 1. Name of Bidder. JFRRY D. SWEETSER, INC 2. Permanent main office address and telephone number. SM�MEST POPLAR 3. When organized. /77 FAYETTEV(LLE.AR 72703 4. If a corporation, where incorporated. ARKANSAS S. Contractor's License number vo7/,7O398 6. How many years have you been engaged in the contracting business under your present firm or trade name? under other names? 7. Contracts on hand. (Schedule these, showing the amount of each contract and theappropriate anticipated dates of.com letions, and a point.of contact for references.) COF PiZc c'/5T i4144///13/tr IBC ,Pp�/2srj� 8. Have you ever failed to complete any work awarded to you? NO 9. Have you ever defaulted on a contract? If so, where and why? 10. Experience in construction similar in size and scone to this prof ct, along with the project owners and engineers. f o37A44 /�/ 11. List of major equipment available for this contract. C,k7C L/S Ufa/C/ /t2c 12. Will you, upon request, fill out a detailed financial statement, including credit worthiness, and furnish any other information that may be required by the Owner? O Date at rsao WEST POPt-AJ R p this Q day of 19 Name of Organization: TERRY D. SWEETSER, INC, by WILLIAM G. SWEETSER � Title PRESIDENT State of /2O GA.cla<1 S County of{]./cSUJ S. • Ii//LAM V � L-A.J �[��/L being duly sworn deposes and of N Contractor's), and that answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this `-' U day of \�+p- 'L� 19 9 Nota ublic My commission expires /6-i�.-->1Uv 3 (seal) 1 ' CONTRACT THIS AGREEMENT, made and entered into the , 4 day of , 1998, by and between the City of Fayetteville, County of Washington, State of Ar4ansas, Party of the First Part, hereinafter called the Owner, and Jerry D. Sweetser, Inc., of the City of ' Fayetteville, Party of the Second Part, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the Owner has called for bids for curb & gutter, sidewalk and storm drainage improvements, as set out in the Plans and Specifications and approved by the ' City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Plans and ' Specifications, the Contractor is the lowest and best qualified bidder for the construction of said Improvements; ' NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Bid No. 98-25 which shall be the curb & gutter, sidewalk and storm drainage improvements for the Fayetteville Community Development Street Project, Fayetteville, Arkansas; including all Work required for a complete and acceptable installation, for the unit and lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus being four hundred fifty-three thousand seven hundred ninety-three dollars and five cents dollars ($453,793.05), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. ' The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and totally complete all work within ninety (90) ' working days. The Owner agrees to pay the Contractor in current funds for the performance of the ' contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable after the first of each calendar month, and in accordance with the Contract Specifications, the Owner will make partial payments to the Contractor for ' work performed during the preceding calendar month, based upon the Engineer's CONBONDS.DOC I I I I I I n I I I I estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Retainage shall be withheld from the partial payments as provided by Arkansas state laws by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with.an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages the sum of one hundred dollars ($100.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled any to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall not be liable to the Contractor for any work theretofore performed or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should be surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract at its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense CONBONDS.DOC I I ' sustained or incurred by Owner in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. ��"� -" ai y- . SWEETSER,' INC.T' nt ctor'-=? B JERRY D pD WILLIAM rM // � h �.,4 /L/i,vla/lo, G. SWFFTc�oI I 'If corporation, secretary should attest. I ' Attest: I U I H I I Li I Bather Woodruff, City Clerk CITY OF FAYETTEVILLE, ARKANSAS Fred Hanna, Mayor cONBONDs.Doc I I UNITED STATES El I (A Stock Company) COMPANY ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND Jerry D. Sweetser, Inc. =' ................................................................................................................... ', as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a ' coroporation organized and existing under the laws of the State of Maryland and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto ................ .........City.-of.Fayetteville,..Arkansas...................4.4......4.,........4.4.4........4.,.......... ' as Obligee, hereinafter called Owner, in the amount of.--Four,-IitandF.ed.Fi£tx-.Thrae..Thousand..,., . Seven. Hundred, Nin,et , Three- Do, Dollars ($45.3.793.0.5...)' for the payment whereof Principal and Surety bind themselves, their heirs, _" personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated.................4......................... entered into a contract with Owner for furnishing all labor and materials for curb, gutter, sidewalk, and storm drainage improvements for Fayetteville Community Development Street ' Project, Fayetteville, Arkansas which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ' THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense ' ; which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this - obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain ' in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action ' or proceeding shall be brought on this bond except by the Owner, unless it is brought in accordance with A.C.A. Section 22-9-403 (b) and A.C.A. Section 18-44-503 (b) (Supp. 1987) as amended. No suit, action or proceeding shall be brought by the Owner after two years from the date on which final payment under the '• Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or ' ci the giving by the Owner of any extension of time for the performance of the Contract, or any other forberance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance 'being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this 4 ........ . ..........day of--.......--...,,,--,. -.-.....,-, 19,,. --- Jerry D. Sweets , Inc. y.-Presid n UNITED STATES FIDELITY 'AND GUAR TV COMPANY ' Robert M. Davis Attorney-in-fact Contract 156 (Arkansas) (11-89) — -• 1130898 UNITED STATES FIDELITY AND GUARANTY COMPANY 4, �r POWER OFATTORNEY /f U S F+ NOC` KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland does hereby constitute and appoint A.P. Eason, Jr. and Robert M. Davis of the Cityof Fayetteville ;state of Arkansas its true and lawful Attomey(s)-in-Fact each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed bylaw. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY bas caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 22nd day of January , A.D. i993 -, UNITED STATES FIDELITY AND GUARANTY COMPANY Ae D .. Senior Via President (Signed) By ........ ..................... A Y `t Y"TASASGat Sec STATE OF MARYLAND) 0 Y SS: BALTIMORE CITY ) on this22nd day of January • A.D. 1993`, beforemepersoealt�yc a Robert S. Lamendola Senior Vim President of the UNITED STATES FIDELITY AND.GUARANIY COMPANYaad4 Paul 0Sims Assistant Secretary of said Company, with both of whom lam persona\iyac`quainted, who being by, me severally duty swott,.said. that they, the said Robert J Lamendola and Paul D. <Sims � were respevelyctithe Senor Vice President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GU �ARANIY COMPANY, the`.<o'rponuion described inand which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that thi"`IMxed to said Pow ofAtrorney was such:torponte seal, that it was so affixed by order of the Board of Directors of said corporation, and that they signed their lames thereto by like drder as Senior Vice Pretidenl and Assistant Secretary, respectively, of the Company. MyCommisionexpiresthe 11th dayin r *March c AID. 1995. F (Signed) Rahn /N/ O NOTARY PUBLIC This Power of Attorney is granted under and by'.auttiority of the following Resolutions adopted by the Board of Directors of the UNITED STATES FIDELITY AND GUARANTY COMPANY on Septeml r'24, 1992: RESOLVED, that in connection with the fidelity and suety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the 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 Vim President or an Assistant Vice President, jointly with the Secretary oran Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and, unless subsequently revoked and subject to any Limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorneys) -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I. Paul D. Sims .an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is strut excerpt from the Resolution of the said Company as adopted by its Board of Directors on September 24, 1992 and that this Resolution is in full form and effect L the undersigned Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of STATES FIDELITY AND GUARANTY COMPANY on this day of , 19 7... -�. i ," ............................... ............ • 1896, -i .: Assistant Secretary *53((0.92) r �. " ICERTIFICATE OF INSURANCE: CSR SP 04/07/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OP INFORMATION ONLY AND ,Eason Insurance ency CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 2340 Green Acres Road I DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Suite #10 I POLICIES BELOW. Fayetteville, AR------------ ---------------------------------------------------------------I 72703 I COMPANIES AFFORDING COVERAGE PHONE501-521-2233 'I-- ----------------------- I------------------------:-----:-------------------------------------------I INSURED I COMPANY LETTERA Bituminous Insurance Co. I---------------------------------------------------------------------------I II COMPANY LeTTBR B I Jerry Sweetser, Inc. I---------------------------------------------------------------------------I 1 590 W. Poplar I COMPANY LETTER C FayettevilleARI---------------------------------------------------------------------------I 1 72703 I COMPANY LbTTBR D 'I �/p I COMPANY LETTER EI I> COVERAGES wvOpppppppppppp¢v96CC¢pp=ppp=='=9C99➢➢==== C9C9pCCp=p==pp¢pppp==C====pppppCpCCC=ppCC=C===ppp==pC==CCC==CCCpCppppp¢p THIS IS TO CERTIFY THAT POLICIES OP INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THB POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS, EXCLUSIONS, AND CONDITIONS OP SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I COI TYPE OF INSURANCE I 'ILTRI I I----------------- I Ai (X7 COMMERCIAL GEN LIABILITY tl l [ ] CLAIMS MADE I X] OCC. I I I I[ ] OWNERS'S Si CONTRACTOR'S I PROTECTIVE I !H_ AUTOMOBILE LIAR I I AI 0i] ANY AUTO I I(] ALL OWNED AUTOS I I( ] SCHEDULED AUTOS I I( ] HIRED AUTOS I I[ ] NON -OWNED AUTOS I I[ ] GARAGE LIABILITY I I I[] I I ('EXCESS LIABILITY I I Al ® UMBRELLA FORM I ' 1[ ] OTHER THAN UMBRELLA FORM I 1_______________________________1 Al WORKERS' COMP 'I AND I I EMPLOYERS' LIAR I OTHER I I I 'I I 1 DESCRIPTION OF OPERATIONS/LOCATIONS I FAYETTEVILLE COMMUNII 1 ADDITIONAL INSURED: T 11 POLICY NUMBER CLP2306793 CAP2508583 CUP2520052 WC3017427 CERTIFICATE HOLDER < a ¢ vm vvvcv vvcvv The City of Fayetteville, I Arkansas 1113 West Mountain I Fayetteville eAR _ACORD7 25-S (7/90) I POLICY SF? I POLICY EXP I LIMITS DATE I DATE I I I (GENERAL AGGREGATE 12, 000, 00q II I -------------------I -- I 1 10/30/97 110/30/98 (PROD-COMP/OP AGG. 12, 000, OOq I I I I I I I 1 10/30/97 110/30/9 I I I I I I I I 1 10/30/97 110/30/9 I I 11____________ 1 10/30/97 110/30/9 I I I 1PERS. & ADO. INJURY II, 000, OOq 8 IBACH OCCURRENCE 11, 000, OOq II______________I IFIRE DAMAGE I I (ANY ONE FIRE) 1100, 000 1 II EXPENSE I I I (ANY ONE PERSON) 15,000 --IMED. I COMB. SINGLE LIMIT 11, 000, 000 n1 1-------------------I--------------I S (BODILY INJURY I I I(PER PERSON) I I III IBODILY INJURY I I I(PER ACCIDENT) I I III I PROPERTY DAMAGE I I - I EACH OCCURRENCE 12000000 1 - I AGGREGATE --I 12000000 1 -I I STATUTORY LIMITS( EACH ACCIDENT 1100000 1 (DISEASE-POL. LIMIT 1500000 1 DISEASE -EACH EMP- ____________________________________I 1100000 1 I I I I --------------------------I--------------I- -------------- - --------- ENTBSTREET PROJECT NGINEERS, 524 W. SYCAMORE, FAYETTEVILLE, AR I > CANCELLATION<__¢¢¢¢¢¢¢vvvv¢vvatan ¢¢vv¢¢¢¢¢¢¢_¢__=a===========vvv vvvv== p SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- v PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3 0 I DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT I FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OP = ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. I ----------------------- ¢ AUTHORIZED REPRESENTATIVE I n This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. P P I I I I P P P I I U I GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By 4ref AMERICANSOCIETY OFCN ENGINEERS%rwuocajIS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General rt` Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910 -8 -A -I or 1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. EJCDC No. 1910-8 (1990 Edition) .�f1e Z FJ..♦r�1x v .- -. b•' x ..: ® 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council • 1015 15th Street, N.W-, Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 " ` ' Construction Specifications Institute 4' 601 Madison St., Alexandria, VA 22314 I TABLE OF CONTENTS OF GENERAL CONDITIONS Ankle or Paragraph Page Article or Paragraph Page Number & Title, Number Number & Title Number I. DEFINITIONS ................................... 13 2.5-2.7 Before Starting Construction: 1.1 Addenda ............................. 13 CONTRACTOR's Responsibility to 1.2 --.. Agreement ........................... 13 Report: PreliminarySchedules: - 1.3 . Application for Payment .............. 13 Delivery of Certificates of 1.4 .. ..Asbestos .............................S Insurance . 15 1.5 - Bid...................................13 - 2.8 Preconstruction Conference ........... 15 1.6 Bidding Documents ................... 13 2.9 Initially Acceptable Schedules .......... 16 - 1.7 Bidding Requirements 13 1.8 Bonds..............I) 3. CONTRACT DOCUMENTS: INTENT, 1.9 - Change Order ........................ 13 AMENDING. REUSE ............................ 16 1.10 Contract Documents .................. 13 3.1-3.2 Intent ................................ 16 1.11 Contract Price • • • • • •... • • • 13 3.3 Reference to Standards and 1.12 Contract Times ....................... 13 Specifications of Technical Societies: 1.13 CONTRACTOR Reporting and Resolving ' 1.14 defective ............................. 13 Discrepancies ...................... 16 1.15 Drawings ............. .. ................ 13 3.4 Intent of Certain Terms or Adjectives 17 1.16 Effective Date of the Agreement 13 - • - 3.5 Amending Contract Documents ....... 17 1.17 ENGINEER .......................... 13 3.6 .. Supplementing Contract Documents ... 17 ' 1.18 ENGINEER's Consultant .............13 3.7 Reuse of Documents .................. 17 1.19 Field Order ......................... 13 4. AVAILABILITY OF LANDS: SUBSURFACE AND 1.20 General Requirements ................14 PHYSICALCONDITIONS:REFERENCE POINTS. 17 1.21 Hazardous Waste ..................... 14 4.1 Availability of Lands .................. 17 ' 1.22 Laws and Regulations: Laws or Regulations 14 4.2 Subsurface and Physical Conditions ... 17 4.2.1 Re ports and Dra pwins g ......... 1.23 Liens ................................. 14....... 17 - 4.2.2 Limited Reliance by CONTRACTOR 1.24 Milestone ............................. 14 Authorized; Technical Data ......... IS 1.25 Notice of Award ...................... 14 4.2.3 Notice of Differing Subsurface or 1.26 Notice to Proceed .................... 14 Physical Conditions ................. 18 1.27 OWNER ............................. 14 4.2.4 ENGINEER's Review ................ 18 1.28 Partial Utilization .........14 4.2.5 Possible Contract Documents Change . 18 1.29 PCBs ................................. 14 4.2.6 Possible Price and Times Adjustments . 18 1.30 Petroleum ............................ 14 4.3 Physical Conditions —Underground • Pr oject roject ............................... 14 Facilities ' ..... 14 ........................... 18 1.32 Radioactive Material ............. 4.3.1 Shown or Inddicaticat ed ................... 18 1.33 Resident Project Representative ....... 14 4.3.2 Not Shown or Indicated 19 4.4 Reference Points ........... 19 1.35 Shop Drawings H a a r o s g """""""""""' 14 4.5 Asbestos, PCBs, Petroleum, Hazardous 1.36 Specifications ......................... 14 Waste or Radioactive Material ...... 19 1.37 Subcontractor ........................ 14 1.38 Substantial Completion ............... 14 5. BONDS AND INSURANCE 1.39 - Su lemen Conditions 14 ..................... 20 PP �' . • ..... • ... • 5.1-5.2 Performance. Payment and Other Bonds. 20 1.40 Supplier .............................. 14 1.41 . Underground Facilities ................ 14 5.3 Licensed Sureties and Insurers; 1.42 Unit Price Work . . 14 Certificates of Insurance ............ 20 . . . . . .. . .. .. . . . . . . . 1.43 Work ................................. 15 5.4 CONTRACfOR's Liability Insurance 20 1.44 Work Chan a Directive 15 5.5 OWNER's Liability Insurance ........ 21 8 ..............• 5.6 Pro rt Insurance ••• 1.45 Written Amendment IS Pe Y •••••••••••••••• 21 • " • • • • • • • • • • •' 5.7 Boiler and Machinery or Additional 2. PRELIMINARY MATTERS ....... 15 Property Insurance .............. 21 2.1 Deliveryof Bonds .................. 15 5.8 Notice of Cancellation Provisions ... 21 2.2 Copies of Documents .................. 15 5.9 CONTRACIOR's Responsibility for 2.3 Commencement of Contract Times; Deductible Amounts ................ 22 I. Notice to Proceed .................. 15 5.10 Other Special Insurance ............... . 22 2.4 Starting the Work ...................:. 15 5.11 Waiver of Rights ...................... 22 I I I Article or Paragraph Page . . Number & Title-. Number 5.12-5.13 Receipt and Application of Insurance • Proceeds .............................. 22 5.I4 Acceptance of Bonds and Insurance; Option to Replace ....... ... ` 22 5.15; Partial Utilization —Property ... Insurance .......................... 23 6. CONTRACTOR'S RESPONSIBILITIES 6.1-6.2 .......... .. Supervision and Superintendence ...... 6.3.6.5.. - Labor, Materials and Equipment ...... 6.6 - -Progress Schedule .................... 6.7 - Substitutes and "Or -Equal" Items; . CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation 6.8-6.11 .......... -- Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 6.12' . c. Patent Fees and Royalties ............. 6.13 Permits 6.14 ............................... : - Laws and Regulations ................ 6.15 - .tc: Taxes ................................. 6.16 . :Use of Premises 6.17:, -;_`..Site = ...................... Cleanliness 6.18 ....................... Safe Structural Loading ............... 6.19 ' Record Documents 6.20 _. _ ................... Safety and Protection ................. 6.21: Safety Representative ................. 6.22 Hazard'Communication Programs ..... 6.23- Emergencies ......................• .... 6.24 Shop Drawings and Samples .......... 6.25 Submittal Procedures; CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal 6.26 - Shop Drawing & Sample Submittals Review by ENGINEER ............ 6.27 Responsibility for Variation From Contract Documents 6.28 ................ Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ............. 6.29 Continuing the Work .................. 6.30 CONTRACIOR's General Warranty and Guarantee ............ 6.31-6.33 Indemnification 6.34 ....................... -' Survival of Obligations ................ 7. OTHER WORK 7.1-7.3 .................................. - Related Work at Site 7.4 - .. .................. Coordination -. 8. OWNER'S RESPONSIBILITIES -8.1 ................. Communications to Contractor 8.2 ........ . Replacement of ENGINEER .......... 8.3 Furnish Data and Pay Promptly When ...... Due 8.4 - ............. Lands and Easements; Reports and Tests............:................... 8.5 Insurance ............................. 23 23 23 23 24 25 25 25 25 26 26 26 26 26 26 27 27 • Article or Paragraph Page Number & Tula Number 8.6 Change Orders ....................... 29 . 8.7 Inspections, Tests and Approvals ...... 29 - 8.8 Stop or Suspend Work; Terminate -• CONTRACTOR's Services 8.9 .. mta s liitions on OWNER' Responsibilities .................... ! - - 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 8.11 ...... Evidence of Financial Arrangements . 9. ENGINEER'S STATUS DURING CONSTRUCTION 9.1 .... 0 .......... 0 ...........:... OWNER's Representative ............ 9.2 .. Visits to Site 9.3 . .......................... :, Project Representative. ................. 9.4 Clarifications and Interpretations ..... • 9.5 Authorized Variations in Work 9.6 . ........ - Rejecting Defective Work ............. 9.7-9.9 : - Shop Drawings, Change Orders and . Payments .......................... 9.10 Determinations for Unit Prices 9.11.9.12... ...... Decisions on Disputes; ENGINEER as Initial Interpreter ................... 9.13 Limitations on ENGINEER4s Authority and Responsibilities ...... 10. CHANGES IN THE WORK ..................... •10.1 OWNER Ordered Change ............ 10.2 Claim for Adjustment ..............:.. 10.3 Work Not Required by Contract Documents ......................... 10.4 Change Orders 10.5 Notification of Surety ................. 27 11. CHANGE OF CONTRACT PRICE 11.1-11.3 .............. Contract Price; Claim for Adjustment; 27 - Value of the Work 11.4 .................. Cost of the Work 27 11.5 ..................... Exclusions to Cost of the Work 11.6 ....... CONTRACR0R's Fee I1.7 ................ Cost Records 27 11.8 - ......................... Cash Allowances 28 11.9 ..................... Unit Price Work ...................... 28 12. CHANGE OF CONTRACT TIMES .............. 28 12.1 Claim for Adjustment ......6.......... 28 12.2 Time of the Essence .................. 12.3 Delays Beyond CONTRACTOR's 29 Control 29 12.4 ............................ Delays Beyond OWNER's and - CONTRACIOR's Control .......... 29 30 30 -30 30 30 30 30 30 30 31 31 31 31 32 32 32 32 32 32 32- 33 34 34 34 35 35 35 35 35 . 35 29 13. TESTS AND INSPECTIONS; CORRECTION, 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK........................................... " 36 29 - 13.I Notice of Defects ..................... 36 13.2 Access to the Work ................... 36 29 13.3 Tests and Inspections; Contractor's 29 Cooperation 36 ........................ 11 7 Article or Paragraph - Page Article or Paragraph Page Number & Title Number Number & Title Number 13:4' •.OWNER's Responsibilities; 14.12 Final Application for Payment ......... 40 • Independent Testing Laboratory .... 36 ^ 14:13-14.14 Final Payment and Acceptance ........ 40 13S ... CONTRACTOR's Responsibilities ..... 36 14.15 Waiver of Claims 40 I3.6 -13.7i CoveringWork Prior to Inspection; I5. SUSPENSION OF WORK AND Testing or Approval ................ 36 TERMINATION .......:.:..:....:.......... 40 13.8-13.9 Uncovering Work at ENGINEER'S 15.1 OWNER May Suspend Work ........: 40 •Request ..............:.:.::. 36 15.2-15.4 OWNER May Terminate 40 13.10.... OWNER May Stop the Work :. 36 15.5 CON TRACTOR May Stop Work or 13.11 Correction or Removal of Defective , . Work ..........................:....,;• 37 — - Termiriale'......................'.... 41 13.12 Correction Period ..................... .. .. 13.13 Acceptance of Defective Work ........ 37 16. DISPUTE RESOLUTION .................... 41 13.14 OWNER May Correct Defective -. . Work . .......... ....................:.. 37 , . 17 MISCELLANEOUS 42 . - 17.1 . Giving Notice 42 17.2 Computation of Times ................ 42 l4. PAYMENTS TO CONTRACPDR AND 17.3 Notice of Claim ......... 6 ............. 42 _ • COMPLETION ................................. 37 17.4 Cumulative Remedies ................. 42 14.1....E Schedule of. Values .................... 37 17.5 ' - Professional Fees and Court Costs 14.2 Application for Progress Payment ..... 38 Included ...........................42 t CONTRACIOR's Warranty of Tide ... 38 • 14.4-14.7 Review of Applications for EXHIBIT GC -A (Optional: . ........ ' Progress Payments 38 Dispute Resolution Agreement (Optional)..... GC -AI 14.8-14.9 Substantial Completion ............... 39 16.1-16.6 Arbitration .... ............... GC -Al 14.10 Partial Utilization ..................... 39 16.7 Mediation ..................... GC -A2 -I • _: 14.11 Final Inspection ...................... 39 . I INDEX TO GENERAL CONDITIONS - Article or Paragraph ':. Article or Paragraph Number .,...• Number Acceptance of— .. + Bidding Documents—defimUon of :............... 1.6 (6.8.2) Bonds and Insurance ..:..... ..:..................... 5.14_ - Bidding Requirements —definitions of ...... 1.7 (1.1, 4.2.6.2) defective Work ....................... 10.4.1, 13.13, 13.15 Bonds — final payment .......:......................... 9.12, 14:15 acceptance of ........... ............................ 5.14 additional bonds ......:.................... insurance ......... .:....:.:...................... . 5.14 `. 10.5. 11.4.5.9 other Work, by CONTRACTOR ..... ................. 7.3 Cost of the Work ....................:.........:... 11.5.4 Substitutes and "Or -Equal'' Items .................. 6.7.1 - definition of .......................:.................. 1.8 Work by OWNER ........................ 2.5, 6.30,6.34 delivery of . Access to the— - final application for payment ....... .:........ 14.12-14.14 Lands, OWNER and CONTRACTOR general ...............1.10, 5.I -5.3,5..13,9.I3,10.5, 14.7.6, responsibilities .......... .......... ..... ............ 4.1 .. Performance, Payment and Other ................. 5.1-5.2 •site,'related work ................... . - ..; 7.2 .Bonds and -Insurance —in general ............_............. 5 Work, `-• ... 13.2, 13.14, 14.9 Builder's risk "all risk" policy form ................... 5.6.2 Acts or Omissions—, Acts and Omissions— - Cancellation Provisions; Insurance ....;.5.4_11.. 5.8, 5.15 CONTRACTOR ................. 6.9.1, 9.13.3 . . Cash Allowances .......... .................,.....::... 11.8 ............ ENGINEER ................................ 6.20, 9.13.3 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, OWNER-i...................................... 6.20, 8.9 14.8, 14.10 Addenda —definition of (also see Certificates of Inspection ...:.... ....... 9.13.4, 13.5, 14.12 definition%bf Specifications) ........... (1.6, 1.10, 6.19) 1.1 'Certificates of Insurance ,. 2,7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, Additional Property Insurances .........................5.7 .••..5.14,9.13.4, 14.12 Adjustments' I Change in Contract Price- . Contract Price or Contract Cash Allowances ......:.........:.... `............... 11.8 Times•......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9,5, claim for price adjustment ,.... 4,1, 4.2.6, 4.5, 5.15; 6.8.2, 9.4, 9.5, 9.11, 10,2, 10.5, 11,2, 13.9, 10.2-10.4, 11, 12, 14.8, 15.1 progress schedule .........................:.......... 6.6 13.13, 13.14, 15.1, 15.5 CO Cost of the OR's fee .............................. 4 Agreement— 11,6 definition of .... . ........ Cost of the Work 1.2 general All risk Insurance, policy form ........................ 5.6.2 ' ..... """•.. • • • 11.411.7 Allowances, Cash ......... Exclusions too ........................................ 11.5 ............................ 11.8 Cost Records Amending Contract Documents .........................3.5 • • • 11,7 in general .............. 1.19, 1,44, 9.1 I, 10.4.2, 10.4.3, II Amendment, Written— Lump Sum Pricing in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19. Notificati..........on . " .." .." 11.0.5 ofSurety ............................... 10.5 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Scope of.......................10.3-10.4 Appeal, OWNER or CONTRACTOR Testing and Inspection, Uncovering the Work ........ 13.9 intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment— unit Price Work ..................................1 11.9 Value of Work...............11.3 definition of .......... ............................... 1.3 Change in Contract Times— ENGINEER's Responsibility ......................... 9.9 Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, final payment .................. 9.13.4, 9.13.5, 14.12-14.15 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13,9, 13.13, in general ....................... 2.8. 2.9, 5.6.4. 9.10, 15.5 13.14, 14.7, 15.1, 15.5 progress payment .........14.1. 14.7 Contractual time limits .......................... ... 12.2 review of ...................................... 14.414.7 Delays beyond CONTRACTOR,s control ............ 12.3 Arbitration (Optional) .............................16.1-16.6 Delays beyond OWNER's and CONTRACTOR's con- Asbestos— a trol................................................12.4 claims pursuant thereto ........................ 4.5.2, 4.5.3 Notification of surety ...............................10.5 CONTRACTOR authorized to sto Work 4.5.2""" P Scope of thane ......... 10.3-10.4 definition of .,....... B ...................... .....:........................... 1.4 Change Orders — OWNER responsibility for ....................4.5.1. 8.10 Acceptance of Defective Work 13.13 .................... possible price and times change ..................... 4.5.2 Amending Contract Documents 3.5 Authorized Variations in Work ........... 3.6, 6.25, 6.27, 9.5 • . .' """""""" Cash Allowances ................................... 11.8 Availability of Lands .................. .......... ... 4.1, 8.4 Change of Contract Price Award, Notice of�efined 11 ••••••••.••••••••••••••••••• 1.25 Change of Contract Times Before Starting Construction ........................2.5-2.8 Changes in the Work .,,............................... 10 Bid-efinition of ...................................... 1.5 CONTRACTOR'S fee ......$1.6 (1,1, 1,10, 2.3, 3.3, 4.2.6,4.6.13, 11.4.3, 11.9.1) Cost of the Work ...............................11.4-11.7 I I L C, I 1 I I I I C I.] I I 'I L I I1 I I U I I Article or Paragraph Number Cost Records.............4.......4................. 11.7 " definition of . ............... 1.9 .....................:...... :.. emergencies ........................................ 6.23 • ENGINEER's responsibility ......... 9.8. 10.4;11.2, 12.1 exec...... of.........................:..`r..:.-4444.. .10A Indemnification .........:.:.: ...... 6.1'_. 6.16. 6.31. 6.33 Insurance. Bonds and ..............."::.. 5.10. 5.13. 10.5 OWNER may terminate ............:.. ...::.::. I5.2-15.4 OWNER's Responsibility ...........'............ 8.6. 10.4 • Physical Conditions— Subsurface and . ..................................... 4.2 Underground Facilities ........................... 4.3 Record Documents.................................6.19 Scope of Change ...........:....:..:........... 10.3.10.4 Substitutes .................:.....:.....4..:..6.7.3, 6.8.2 _ Unit Price Work....................................11.9 value of Work. covered by .......................... 11.3 - - - Changes in the Work....................................J0 Notification of surety .............::..........'...... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 -' Right to an adjustment ..........................:... 10.2 Scope of change ...............................10.3-10.4 .• • Claims — against CONTRACTOR .............:...............6.16 against ENGINEER ................................ 6.32 against OWNER .....4...4 ...................4..4... 6.32 Change of Contract Price ....................... 9.4. 11.2 • Change of Contract Times ...................... 9.4. 12.1 • CONTR.ACTOR's 4. 7.1.9.4.9.5.9.1 I. 10.2. 112. 11.9. 12.1. 14.8. 15.1. 15.5. 17.3 CONTRACTOR's Fee ...............................I I I.6 CONTRACTOR'S liability .......6...6 5.4. 6.12. 6.16. 6.31 Cost of the Work .............................. 11.4. 11.5 • Decisions on Disputes ......................... 9.11. 9.12 Dispute Resolution .................................. 16.1 • Dispute Resolution Agreement ..................16.1-16.6 ENGINEER as initial interpretor .......44.4.....4... 9.11 Lump Sum Pricing ................................ I1.3.2 Noticeof ....................4................4..4.4 17.3 OW NER's ...........9.4. 9.5. 9.11. 10.2. 11.2. 11.9. 12 .1, 13.9. 13.13. 13.14. 17.3 OWNER's liability..................................4 5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included .......... 17.5 request for formal decision on ....................... 9.11 Substitute items..................................6.71' Time Extension ........................... .......... 12.1 Time requirements ............................ 9.11, 12.1 Unit Price Work .........4...6.6.4 ................ 11.9.3 Value of............................................11.3 Waiver of —on Final Payment ................ 14.14. 14.15 Work Change Directive .............4444 ............ 10.2 written notice required ................... 9.11. 112, 12.1 Clarifications and Interpretations ............ 3.6.3. 9.4. 9.11 Clean Site ......................................... 6.17 Codes of Technical Society. Organization• or Association ..............•.::.........::..:.:..:.. 3.3.3 ............. Commencement of Contract Times "' ........ 2.3 Communications — Article or Paragraph Number general....................................6.2. ' . Haiard Communication Programs ................... 6.9.2. 8.1 6.22 Completion— Final Application for Payment ...................... 14.12 Final Inspection...........14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization 14.10 .................................... Substantial Completion ................... 1.38. 14.8-14.9 •'Waiver of Claims..................................14.15 Computation of Times ........................ 17.2.1-17.2.2 Concerning Subcontractors. Suppliersand Others ............................ 6.8-6.11 Conferences — initially acceptable schedules ......................... preconstruction...................................... Conflict. Error. Ambiguity, Discrepancy 2.9 2.8 — CONTRACTOR to Report ..................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction Machinery. Equipment, etc. '............... 6.4 Continuing the Work ............................. 6._9, 10.4 Contract Documents— . - Amending ............................................. 3.5 Bonds............................................... 5.1 Cash Allowances.......11.8 Change of Contract Price .......................'1 ..... 11 Change of Contract Times .........4444. .:..:........ 12 Changes in the Work ........................... 10.4-10.5 check and verify................................2.5 Clarifications and Interpretations ....... 3.2, 36, 9.4, 9.11 definition of ................... .................... 1.10 ENGINEER as initial interpreter of ................. 9.11 ENGINEER as OWNER's representative ............ 9.1 general................................................ 3 Insurance............................................ 5.3 Intent............................................ 3.1-3.4 minor variations in the Work .........3.6 OWNER's responsibility to famish data .............. 8.3 OWNER's responsibility to make prompt payment ....................... 8.3, 14.4, 14.13 precedence ....................................3.1.3.3.3 Record Documents ................................. 6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 Related Work ........................................ 7.2 Reporting and Resolving Discrepancies ........... 2.5, 3.3 Reuseof ............................................. 3.7 Supplementing ....................................... 3.6 Termination of ENGINEER's Employment ...........8.2 Unit Price Work....................................11.9 variations ................................. 3.6. 6.23. 6.27 Visits to Site. ENGINEER's .........................9.2 Contract Price — adjustment of ................ 3.5, 4.1, Changeof............................................II Decisionon Disputes ..................... 9.4, 10.3, 11.2-11.3 .......... 9.11 definition of ........................................ 1.11 Contract Times — adjustment of ...................... Change of ......... ..................... 3.5, 4.1, 9.4; 10.3, 12 ... .... 12.1-12.4 I Article or Paragraph Number . Commencement of ....._ .............................. 2.3 ...definition of ........................................ 1.12 CONTRACTOR — Acceptance of Insurance .............................. 5.14 Limited Reliance on Technical Data Authorized 4.2.2 Communications ............................... ..... 6.2, 6.9.2 Continue Work .............. .....6:29, 10.4 coordination and scheduling ......................... 6.9.2 definition of ......................................... 1.13 May Stop Work or Terminate ............... 15.5 provide site access to others .................... ..... 7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21.6.23, 7.2, 13.2 • Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements ........................... 4.5.2 CONTRACTOR's— Compensation .................................. 11.1.11.2 Continuing Obligation .............................. 14.15 Defective Work .......................... 9.6, 13.10-13.14 Duty to correct defective Work ..................... 13.11 Duty to Report— ' Changes'irt the Work caused by - • Emergency ..:.................................... 6.23 Defects in Work of Others ......................... 7.3, Differing conditions ..............................4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 • Underground Facilities not indicated .............. 4.3.2 • Emergencies ........................................ 6.23 Equipment and Machinery Rental, Cost of the Work ................................... 11.4.5.3 Rme Cost -Plus .:................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs .: ............... 6.22 Indemnification ......................6:12, 6.16, : : 6.31-6.33 Inspection of the Work ......... ................ 7.3, 13.4, Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations, Compliance by .............6.14.1 Liability Insurance...................................5.4 Notice oflntent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds ........................ 5.1 Permits. obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes ............. 9.11 Responsibilities— - -'Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 - Continuing the Work ........................6.29, 10.4 CONTRACTOR's expense 6.7.1 ....................... CONTRACTOR's General Warranty and Guaran- tee............................................... 6.30 • CONTRACTOR's review prior to Shop Drawing or Sam- ple submittal ................................. 6.25 Coordination of Work ..... 6.9.2 ....... ................. Emergencies..................................... 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items 6.7.3 .......................... Article or Paragraph Number ' For Acts and Omissions of Others ..... 6.9.1.6.9.2, 9.13 for deductible amounts, insurance ...................5.9 general ................................. 6, 7.2, 7.3, 8.9 , Hazardous Communication Programs ............6.22 Indemnification ..............................6.31.6.33 Labor, Materials and Equipment ................6.3-6.5 Laws and Regulations ............................6.14 ' ,.Liability Insurance.................................5.4 Notice of variation from Contract Documents 6.27 Patent Fees and Royalties .........................6)2• ..... Permits........................................... 6.13 Progress Schedule ................................. 6.6 .. Record Documents ............................... 6.19 related Work performed prior to ENGINEER's approval of required submittals ................. 6.28 • - safe structural loading 6.18 Safety and Protection ................... 6.20, 7.2, 13.2 • -Safety Representative :.................. 6.23 ' .......... Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 :. Shop Drawings and Samples Review by ENGINEER ................................ 6.26 • Site Cleanliness...................................6.17 SubmittalProcedures .......................... 6.25 • Substitute Construction Methods and ..... .Procedures.........................4.......... 6.7.2 ' Substitutes and "Or -Equal" Items ................ 6.7.1 Superintendence ................................... 6.2 Supervision........................................ 6.1 Survival of Obligations ............................ 6.34 Taxes............................................. 6.15 Tests and Inspections ............................. 13.5 ToRertpo.....4............................. 2.5 , ..... Use of Premises .................... 6.166.18. 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4. 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, ' 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ................. 6.20-6.22, 7.2, 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples Submittals ......... 6.24-6.28 ' Special Consultants ............................... 11.4.4 Substitute Construction Methods and Procedures i. 6.7 Substitutes and "Or -Equal" Items, Expense .. .. 6.7.1, 6.7.2 , Subcontractors, Suppliers and Others ............6.8-6.1) Supervision and Superintendence ...........6.1. 6.2, 6.21 • Taxes. Payment by..................................6.15 Use of Premises .......................... 6.16-6.18 ' Warranties and guarantees ...................... .. 6.30, 6.5 Warranty of Title ................................... 14.3 Written Notice Required— I • CONTRACTOR stop Work or terminate ........... 15.5 I Reports of Differing Subsurface and Physical Condi- tions .......................... ....... .. ...... '.. 4.2.3 - Substantial Completion ........................... 14.8 CONTRACTORS —other ..................... 7 Contractual Liability Insurance ...................... ............ 5.4.10 Contractual Time Limits .............................. 12.2 Coordination I I I I I I I I I I U I Article or Paragraph Number CONTRACTOR's responsibility .....................6.9.2 Copies of Documents .... Correction Period....................................13.12 Correction. Removal or Acceptance of Defective Work in general .............................10.4.1. 13.10-13.14 Acceptance of Defective Work ..................... 13.13 Correction or Removal of Defective Work ..... 6.30. 13.11 Correction Period .................................. 13.12 OWNER May Correct Defective Work ............. 13.14 OWNER May Stop Work .......................... 13.10 Cost — of Tests and Inspections .............................13.4 Records............................................11.7 Cost of the Work — Bonds and insurance, additional ................. 11.4.5.9 Cash'Discounts...................................11.4.2 CONTRACTOR's Fee .............................. 11.6 Employee Expenses ............................. 11.4.5.1 Exclusions to.......................................11.5 ... General........................................11.4-11.5 Home office and overhead expenses ................:.'11.• 5 Losses and damages ............................. II.4.5.6 - • Materials and equipment .......................... 11.4.2 Minor expenses..............11.4.5.8 • Payroll costs on changes .......................... 11.4.1 performed by Subcontractors ...................... 11.4.3 Records............................................ 11.7 Rentals of construction equipment and machinery . 11.4.5.3 Royalty payments, permits and license fees ...... 11.4.5.5 Site office and temporary facilities ............... 11.4.5.2 Special Consultants. CONTRACTOR's ............ 11.4.4 Supplemental ..................................... 11.4.5 Taxes related to the Work ....................... 11.4.5.4 Tests and Inspection................................13.4 Trade Discounts ...........................:...... 11.4.2 "Utilities. fuel and sanitary facilities ............... 11.4.5.7 Work after regular hours .......................... 11.4.1 Covering Work...................................13.6-13.7 Cumulative Remedies ............................ 17.4-17.5 Cutting, fitting and patching ............................ 7.2 Data, to be furnished by OWNER ...................... 8.3 Day —definition of...................................17.2.2 Decisions on Disputes ...........................9.11, 9.12 defective —definition of ................................ 1.14 defective Work — Acceptance of .............................. 10.4.1. 13.13 Correction or Removal of 10.4.1. 13.11 ................... Correction Period..................................13.12 in general..................13, 14.7, 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notice of Defects ........................... 13.1 Rejecting............................................9.6 Uncovering the Work ............................... 13.8 Definitions I .........................................:..... Delays ................................. 4.1, 6.29, 12.3-12.4 Delivery of Bonds ...................................... 2.1 Delivery of certificates of insurance 2.7 ..................... Article or Paragraph Number Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Notice of _" 4.2.3 ...................................::..:.: ENGINEER's Review .................::.....:...: 4.2.4 Possible Contract Documents Change ...... ......... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving ...: 2.5. 3.3.2. 6.14.2 Dispute Resolution— - . " Agreement ..................................... 16.1-16.6 Arbitration ...................................:: 16.1-16.5 • general. Mediation.......................................... 16.6 ... Dispute Resolution Agreement ............:.......16.1-16.6 Disputes. Decisions by ENGINEER ..............9:11-9.12 Documents — Copies of ............................. ...........:... 2.2 Record...................................6.19 Reuseof ............................................. 3.7 Drawings definition of ............................... 1.15 ...._: Easements 4.1 ............................::............. .':Effective date ofAgreement—definition of ........ ..... 1.16 Emergencies .......................................... 6.23 ENGINEER — as initial interpreter on disputes ........:.:...:.. 9.11-9.12 definition of 1.17 ........................................ Limitations on authority and ... • responsibilities..............9.13 Replacement of ...................................... 8.2 Resident Project Representative.....' .................. 9.3 ENGINEER's Consultant —definition of 1.18 ............... ENGINEER's— authority and responsibility, limitations on ........... 9.13 Authorized Variations in the Work 9.5 .................... Change Orders, responsibility for .......... 9.7, 10, II, 12 Clarifications and Interpretations ............... 3.6.3, 9.4 ... Decisions on Disputes ..........................9-11-9.12 defective Work. notice of 13.1 ........................... Evaluation of Substitute Items ...................... 6.7.3 Liability ....................................... 6.32. 9.12 Notice Work is Acceptable ......................... 14.13 Observations ................................. 6.30.2.9.2 OWNER's Representative ........................... 9.1 Payments to the CONTRACTOR, Responsibility for .............................. 9.9. 14 Recommendation of Payment ................. 14.4, 14.13 Responsibilities — Limitations on ...............................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions .......................... Shop Drawings and Samples. review 4.2.4 responsibility ..................................... Status During Construction— ., ' 6.26 " authorized variations in the Work .................. 9.5 Clarifications and Interpretations ................... 9.4 Decisions on Disputes ......................... 9.11-9.12 Determinations on Unit Price .......'. M...:........ 9.10 ENGINEER as Initial Interpreter .........:... 9.11-9.12 ENGINEER's Responsibilities .:.....:....... .9.1-9.12 I Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities ................................... 9.13 OWNER's Representative . ........................ 9.1 Project Representative ............................. 9.3 Rejecting Defective Work .......................... 9.6 Shop Drawings, Change Orders and -Payments .................................... 9.7-9.9 Visits to Site 9.2 ..................................... Unit Price Determinations 9.10 ............................ - Visits to Site 9.2 ............................. . . ....... Written consent required ......................... 7.2, 9.1 Equipment, Labor, Materials and ................... 6.36.5 ,,.,. Equipment rental, Cost of the Work ... ............. 11.4.5.3 Equivalent Materials and .... Errors or omissions ............................... 6.33 -.: Evidence of Financial Artangemcnts ...................8.11 Explorations of physical conditions .......4.2.1 _ Fee, CONTRACIOR's—Costs-Plus ................... 11.6 Field Order- definition o.f........................................ 1.19 issued by ENGINEER ......................... 3.6.1, 9.5 Final Application for Payment ........................ 14.12 Final Inspection ...................................... 14.11 Final Payment— and Acceptance ............................... 14.13-14.14 Prior to, for cash allowances ........................ 11.8 General Provisions ............................... 17.3-17.4 • General Requirements— defintion of ......................................... 1.20 principal references to .............. 2.6, 6.4, 6.66.7, 6.24 Giving Notice ....... .:.........................- :..... 17.1 Guarantee of Work —by . CONTRACTOR ....................... 4 ...... 6.30, 14.12 Hazard Communication Programs ..................... 6.22 Hazardous Waste — definition of ........................................ 1.21 general..s:..................:.6..................... 4.5 OWNER's responsibility for ....................... 8.10 Indemnification ........................ 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules ...........................2.9 Inspection- , Certificates of ......................... 9.13.4, 13.5, 14.12 Final :............ 14.11 Special, required by ENGINEER .................. 9.6 Tests and Approval ........................ 8.7, 13.3-13.4 Insurance — Acceptance of, by OWNER ......................... 5.14 Additional, required by changes in the Work ................................. 11.4.5.9 Before starting the Work ............. 2.7 Bonds and —in general ....... ............... .. 5 Cancellation Provisions .................. ............ 5.8 Certificates of .. 2.7, 5, 5,3, 5.4.11, 5.4.13. 5.6.5. .. 5.8, 5.14, 9.13.4, 14.12 completed operations ........... ... 5.4.13 CONTRACfOR's Liability ........................... 5.4 CONTRACIOR's objection to coverage .............. 5.14 Contractual Liability .............................. 5.4.10 Article or Paragraph ' Number deductible amounts. CONTRACTOR's responsibility ..................................... 5.9 Final Application for Payment . .......... 14.12 ,...... Licensed Insurers ................................:::. 5.3 Notice requirements, material -� changes .............................. ... 5.8. 10.50 1 Option to Replace...............................5.14 special other tnsurances .................. ....5.10 OWNER as fiduciaryfor insureds ..............5.12-5.13 OWNER's Liability ................................. 5.5 ' OWNER's Responsibility ........ 8.5 ..............:..... Partial Utilization, Property Insurance ...............5.15 Property ........................................ 5.6.5.10 , Receipt and Application of Insurance Proceeds .. 5.12-5.13 Special Insurance ................................... 5.10 Waiver of Rights .......... 5.11 .Intent of Contract Documents ....................... ' Interpretations and Clarifications ... .......... 3.6.3, 9.4 Investigations of physical conditions .................... 4.2 Labor, Materials and Equipment .........0.......... 6.3-6.5 Lands— ' and Easements ...... ........... .. 8.4 .......... Availability of ................................... 4.1, 8.4 Reports & Tests ............................ ..... 8.4 ' Laws and Regulations —Laws or Regulations— Bonds........................................... 5.1-5.2 Chang es es in the Work .............................. 10.4 Contract Documents ................................. 3.1 ' CONTRACTOR'S Responsibilities ................... 6.14 Correction Period, defective Work .................. 13.12 Cost of the Work, taxes .....................:... 11.4.5.4 definition of ........................................ general ... 6.14 ............ Indemnification ...............................6.316.33 Insurance............................................ 5.3 Precedence..........................6......... 3.1, 3.3.3 ' Reference to...............0....................... 3.3.1 Safety and Protection .......................... 6.20, 13.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 ' Tests and Inspections ............................... 13.5 Use of Premises ................................... 6.16 Visits to Site ......................................... 9.2 Liability Insurance. CONTRACTOR's.....:.... ......... ................. 5.4 OWNER's................:.......................... 5.5 Licensed Sureties and Insurers ......................... 5.3 Liens — Application for Progress Payment ..................14.2 Contractor's Warranty of Title ....................... 14.3 Final Application for Payment ...................... 14.12 , definition of ................................... ..... 1.23 Waiver of Claims .................................. 14.15 Limitations on ENGINEER's authority and . responsibilities ..................................... 9.13 Limited Reliance by CONTRACTOR Authorized ......4.2.2 Maintenance and Operating Manuals— Final Application for Payment ...................... 14.12 Manuals (of others)— Precedence......................................1 3.3.3.1 I I I I I I I I I I I I Article or Paragraph Number Reference to in Contract Documents ..:r::... . ..:.. 3.3.1 Materials and equipment—. furnished by CONTRACTOR ........................ 6.3 not incorporated in Work ............................ 14.2 Materials or equipment —equivalent ..................... 6.7 Mediation (Optional)..................................16.7 Milestones —definition of .............................. 1.24 Miscellaneous — Computation of Times .............................. 17.2 Cumulative Remedies ............................... 17.4 - Giving Notice ....................................... 17.1 Notice of Claimm..................................... 17.3 Professional Fees and Court Costs Included .......... 17.5 .r. Multi -prime contracts .................................... 7 Not Shown or Indicated .............................. 4.3.2 Notice of — Acceptability of Project ............................ 14.13 Award. definition of ................................. 1.25 Claim................4............................. 17.3 Defects. .............................. .............: 13.1 Differing Subsurface or Physical Conditions .........4.2.3 Giving..............................................37.3 Tests and Inspections ............................... 13.3 Variation, Shop Drawing and Sample ................ 6.27 Notice to Proceed — definition of ........................................ 1.26 givingof ............................................. 2.3 Notification to Surety ................................. 10.5 Observations, by ENGINEER .................... 6.30, 9.2 Occupancy of the Work ................ 5.15. 6.30.2.4. 14.10 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form, Insurance ...................5.6.2 Option to Replace .....................................5.14 "Or Equal" items ...................................... 6.7 Otherwork .............................................. 7 Overtime Work —prohibition of ......................... 6.3 OWNER — Acceptance of defective Work ...................... 13.13 • appoint an ENGINEER .........................0....8.2 as fiduciary .................................... 5.12-5.13 Availability of Lands, responsibility ................... 4.1 definition of..............1.27 data, furnish ......................................... 8.3 May Correct Defective Work ...........13.14 . - May refuse to make payment ........................ 14.7 May Stop the Work ................................ 13.10 may suspend work, terminate .............8.8, 13.10, 15.1-15.4 Payment. make prompt ................... 8.3, 14.4, 14.13 performance of other Work ........................... 7.1 permits and licenses, requirements .................. 6.13 purchased insurance requirements ............... 5.6.5.10 OWNER's— Acceptance of the Work ... .... 6.30.2.5 I. Change Orders, obligation to execute .............. .. • • ; . • •' . ;.. 8.6, 10.4 Communications..................................... 8.1 • ,Coordination of the Work ............................ 7.4 . Disputes, request for decision ....................... 9.11 Article or Paragraph Number Inspections, tests and approvals ..............::. 8.7, 13.4 Liability Insurance ............................ Notice of Defects ................................... ...:::. 5.5 13.1 Representative —During Construction, ENGINEER's Status ............................ 9.1 Responsibilities — Asbestos, PCB's. Petroleum. Hazardous - -' .; . Waste on Radioactive Material .................:. 8.10 . Change Orders .................................... 8.6 Changes in the Work ............................:.0 communications ................................... 10.1 8.1 • CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements ...........::.... 8.11 inspections, tests and approvals. ........-. 8.7 Insurance ....................................:... 8.5 lands and easements ............................... 8.4 prompt payment by ........ _....................... 8.3 replacement of ENGINEER ....................... 8.2 reports and tests....................8.4 stop or suspend Work .................. 8.8, 13.10, 15.1 :. •. :_'terminate CONTRACTOR's services .......... 8.8, 15.2 separate representative at site ..:..................... 9.3 independent testing..............:................a. 13.4 : use or occupancy of the Work .................................... written consent or approval 5.15, 14.10 required ..........a..........! ........ written notice 9.1, 6.3, 11.4 required ..........7.1,9.4,9.11,11.2.11.9,14.7,15.4 PCBs — definition of ........................................ general.............................................. OWNER's responsibility for ....0 ................... 1.29 4.5 8.10 Partial Utilization — definition of ........................................ 1.28 • general...................................6.30.2.4. 14.10 Property Insurance ................................. 5.15 Patent Fees and Royalties .............................. 6.12 Payment Bonds ..................................... 5.1-5.2 . Payments, Recommendation of ............. 14.4.14.7, 14.13 Payments to CONTRACTOR and Completion — Application for Progress Payments .................. • CONTRACTOR's Warranty of.Title ................. 14.2 14.3 '.: Final Application for Payment ...................... 14.12 FinalInspection................................... Final Payment and Acceptance ............... 14.11 14.13-14.14 general........................................... 8.3, 14 Partial Utilization .................................. 14.10 Retainage........................................... 14.2 Review of Applications for Progress Payments .................................. 14.4-14.7 promptpayment ..................................... 8.3 Schedule of Values .................................. 14.1 Substantial Completion ......................... 14.8-14.9 • Waiver of Claims .................................. 14.15 when payments due ........................ a. 14.4, 14.13 withholding payment ................................ 14.7 Performance Bonds ........... ....................'.. 5.1-5.2 Permits....................... ................. ...:... 6.13 I. Article or Paragraph Number Petroleum— - - definition of ............................. 1.30 general ................................. ..... ................ 4.5 OWNER's responsibility for -:-... a ..::::.......:.... 8.10 Physical Conditions— - Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's review .......t ...............:...... 4.2.4 existing structures ................:................. 4.2.2 general ................................. ...`....... 4.2.1.2 Subsurfaceand ....................................... 4.2 Underground Facilities .....................4.3 - Possible Contract Documents Change ....•.... 4.2.5 Possible Price and Times Adjustments a...... ..........:... 4.2.6 Reports and Drawings ..............................4.2.1 Notice of Differing Subsurface or, .................. 4.2.3 Subsurface and ....................................... 4.2 Subsurface: Conditions ............................ 4.2.1.1 Technical Data. Limited Reliance by CONTRACTOR Authorized .................... 4.2.2 Underground Facilities— genergl.......................................... 4.3 Not Shown or Indicated ............. 4.3.2 Protection of ............................... .. 4.3, 6.20 Shown or Indicated............... 4.3.1 Technical Data .....................................422 ........ . . . * . Preconstruction Conference ..............2.8 Preliminary Matters ...................................... 2 Preliminary Schedules .................................. 2.6 Premises. Use of ...:..:.......................... 6.16-6.18 Price, Change of Contract ................................ II Price, Contract—definipon of 1.11 .......................... Progress Payment. Applications for .................... 14.2 Progress payment—retainage .......................... 14.2 Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6, 629. 10.4, 15.2.1 Project —definition of ...................... 1.31 ,Project Representative— ENGINEER's Status During Construction ............ 9.3 Project Representative, Resident —definition of ...................................... 1.33 prompt payment by OWNER. . 8.3 Property Insurance ....... . ...... Additional...........................................5.7 general..........................................5.6.5.10 Partial Utilization ...........................5.15. 14.10.2 receipt and application of proceeds .................. 5.12-5.13 Protection. Safety and ....................... 6'20-6.21, 13.2 Punchlist ................................ 14.11 Radioactive Material— ..... definition........................................... 1.32 general..............................................45 OWNER's responsibility for 8.10 ...............6........ Recommendation of Payment .............. 14.4, 14.5, 14.13 Record Documents ............................. 6.19, 14.12 Records, procedures for maintaining .................... 2.8 Reference Points ....................................... 4.4 Reference to Standards and Specifications of Technical Societies ..... ......... ................. 3.3 Article or Paragraph Number Regulations. Laws and (or) ............................. 6.14 Rejecting Defective Work...............................9.6 Related Work — atSite...........................................7.1-7.3 Performed prior to Shop Drawings and Samples submittals review ..........:....... 6.28 cumulative ............................ 17.4, 17.5 _Remedies. Removal or Correction of . Defective Work .................................... 13.11 ' rental agreements, OWNER approval required ...................................... 11.4.5.3 - replacement of ENGINEER, by OWNER .............. 8.2 •Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2 Reports— ", .and Drawings ...................................... 4.2.1 and Tests, OWNER's responsibility .................. 8.4 Resident Project Representative- - definition of...........1.33 - provision for.........................................9.3 Resident Superintendent, CONTRACTOR's ............. 6.2 Responsibilities— CONTRACTOR's-in general ........................... 6 ENGINEER's-in general .......................:....... 9 Limitations on .................................... 9.13 OWNER's-in general...................0.............. 8 Retainage............................ 14.2 ......:.....i':... Reuse of Documents...................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.25 Review of Applications for Progress Payments ...................................... 14.4-14.7 Right to an adjustment ................................ 10.2 Rights of Way ............. 4.1 Royalties. Patent Fees and .............................. .. 6.12 Safe Structural Loading ............................... 6.18 Safety — and Protection .......4.3.2. 6.16, 6.18, 6.20-6.21, 7.2, 13.2 general........................................ 6.20-6.23 Representative. CONTRACTOR'S ................... 6.21 Samples— • definition of ........................................ 1.34 general........................................6.24.6.28 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER ...:................... 6.26, 6.27 related Work ........................................ 6.28 submittal of .....................................:. 6.24.2 submittalprocedures..........................6.2$ Schedule of progress...... 2.6. 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample• Submittals .......................2.6. 2.8-2.9, 6.24-6.28 Schedule of Values ........................ 2.6, 2.8.2.9, 14.1 Schedules — Adherenceto ..................................... 15.2.1 Adjusting....................................0....... 6.6 Change of Contract Times .......................... 10.4 Initially Acceptable ............................... 2.8-2.9 Preliminary.......................................... 2.6 Scope of Changes .......................:...... 10.3-10.4 Subsurface Conditions .............................. 4.2.1.1 I I I H I H I I I I I I I bi 10 .1 1 I I I fl I :1 I I I Ti I Article or Paragraph Number C! Shop Drawings — and Samples, general ............................ Change Orders & Applications for 6.24-6.28 Payments, and ...............................Q definition of ....................................:`... ENGINEER's approval of ........................ ENGINEER's responsibility 9.7.9.9 I.35 . 3.6.2 for review ............................... 9.7, related Work........................................6.28 6.24-6.28 review procedures ..................2.8. submittal required.................................6.24.7 Submittal Procedures ...............................6.25 6.24-6.28 ' use to approve substitutions ........................ 6.7.3 Shown or Indicated...................................4.3.1 • Site Access ..... .........................'......... 7.2, 13.2 Site Cleanliness ....................................... 6.17 Site; Visits to— ' by ENGINEER................................9.2, byothers ......................................... • '.'Special causes of loss" policy form. insurance ....... Specifications— - 13.2 .. 13.2 5.6.2 - •. definition of ........................................ •' . :of Technical Societies. reference to ................:3.3.1 ... precedence ........................................ Standards and Specifications of Technical 1.36 3.3.3 Societies.......................................... Starting Construction. Before .......................2.5-2.8 3.3 Starting the Work ...................................... Stop or Suspend Work — 2.4 by CONTRACTOR ................................. 15.5 by OWNER ............8.8 13.10, 15.1 Storage of materials and equipment .................4.I, 7.2 Structural Loading, Safety ............................. 6.18 Subcontractor — .....................4............... 6.8-6.11 Concerting .................6.8-6.11 definition of........................................7.37 delays .............................................. 12.3 waiver of rights ..................................... 6.11 • Subcontractors —in general ........................ 6.8-6.1 I Subcontracts —required provisions ........ 5.11, 6.11, 11.4.3 Submittals— Applications for Payment ........................... 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures .................... ................... :: 6.25 • Progress Schedules .............................. 2.6, 2.9 . . Samples ....................................... 6.24-6.28 Schedule of Values ............................. 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .................... Shop Drawings ................................. Substantial Completion — 2.6, 2.8-2.9 6.24-6.28 certification of ........................ 6.30.2.3, 14.8-14.9 definition of ........................................ 1.38 Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACPOR's Expense ....................... 6.7.1.3 ENGINEER's Evaluation .......................... 6.7.3 " ...................................0.... 6.7.1 Or-Equal" Substitute Construction Methods of Procedures ..... 6.7.2 Article or Paragraph Number Substitute Items .................................. 6.7.1.2 Subsurface and Physical Conditions— I . Drawings of,in or relating to ..................... ENGINEER's Review ............................:4'4 4.2.1.2 general .................................:::.::....:.. Limited Reliance by CONTRACTOR 4.2 Authorized....................................4.2.2 Notice of Differing Subsurface or Physical Conditions . Physical Conditions ............................... Possible Contract Documents Change ................. Possible Price and Times Adjustments . 4.2.1.2 4.2.5 ................ 4.2.6 Reports and Drawings ................................ 4.2.I . Subsurface and ...................................... ..Subsurface Conditions at the Site 6 .............:.. TechnicalData ....................................... Supervision— 4.2 4.2.1.1 4.2 .2 '.'CONTRACTOR's responsibility ................6.....6.1 OWNER shall not supervise .:....::..................8.9 '=.- ENGINEER shall not supervise ............... 9.2, 9.13.2 Superintendence ....................................... 6.2 "Superintendent-, CONTRACTOR's resident . 6.2 Supplemental costs..................................I I.4.5 Supplementary Conditions— -• definition of ........................................ principal reference to .... 1.10, 1.18. 1.39 2.2. 2.7, 4.2.4.3, 5.1, 5.3,5.4.5.6-5.9,5.11,6.8,6.13,7:4:8.11,9.3,9.10 Supplementing Contract Documents .................... Supplier— 3.6 definition of ........................................ principal references to .................. 1.40 3.7, 6.5, 6.8.6.11, 6.20. 6.24, 9.13,_ 14.12 Waiver of Rights .................................... Surety — 6.11 consent to final payment ..................... 14.12, 14.14 ENGINEER has no duty to ..........................9.13 Notification of ........................... 10.1, 10.5, 15.2 • qualification of ................................... 5.1-5.3 Survival of Obligations ................................ 6.34 -Suspend Work. OWNER May .................. 13.10, 15.1 Suspension'of Work and Termination— .................. 15 CONTRACTOR May Stop Work or Terminate ........................................ 15.5 • OWNER May Suspend Work ....................... IS.I OWNER May Terminate ....................... 15.2-15.4 Taxes -Payment by CONTRACTOR .................;..6.I5 Technical Data — Limited Reliance by CONTRACTOR ............... 4.2.2 Possible Price and Times Adjustments ....6......... 4.2.6 Reports of Differing Subsurface and Physical Conditions ............................... Temporary construction facilities ........................ Termination — 4.2.3 4.1 by CONTRACTOR ................................. by OWNER ............................... of ENGINEER's employment ........................ Suspension of Work-in general ........................ Terms and Adjectives .................................. Tests and Inspections— 15.5 8.8, 15.1-15.4 8.2 15 3.4 H Article orParagraph Number • Access to the Work, by others ........................ 13.2 . CONTRACIOR's responsibilities .................... 13.5 costof .......................... ...... ... 13.4 covering Work prior to ......................... 13.6.13.7 laws and Regulations (or) .:1 ......................... 13.5 Notice of I efects................................... I3.I OWNER May Stop Work .......................... 13.10 OWNER's independent testing ...................... 13.4 special, required by ENGINEER ..................... 9.6 timely notice required ............................... 13.4 Uncovering the Work, at ENGINEER's request .................................... Times---- 13.8-13.9 Adj• usting ............................ ................. 6.6 -;..: Change of Contract ................................... 12 Adjusting............................................. 6.6 Computation of ....................................: 17.2 • Contract Times —definition of ....................... 1.12 day................................................17.72 _ > Milestones-- ...............................:........... 12 Requirements— appeals................•.......................... clarifications, claims and 16 disputes ............................. 9.11, 11.2, 12 commencement of contract times ................... 2.3 preconstruction conference ................ .....:... 2.8 .... ............... schedules .. ......... ... 2.6, 2.9, 6.6 starting the Work .................................. 2.4 Title, Warranty of .: ................................... 14.3 Uncovering Work ................................ 13.8-13.9 • Underground Facilities, Physical Conditions — definition of .............. .............. Not Shown or Indicated ............................ 4.3.2 protection of .....:....... ............. ......... 4.3, 6.20 Shown or Indicated ................................ 4.3.1 •Unit Price Work — claims .................................. definition of ......................................... general .................................. Unit Prices—: 11.9.3 1.42 11.9, 14.1, 14.5 general .................................. Determination for ................................... Use of Premises ................•••-•••.• Utility owners ...................... 6.13, .. 11.3.1 9.10 6.16, 6.18, 6.30.2.4 6.20, 7.1-7.3, 13.2 Article or Paragraph , Number Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14..10 Value of the Work ...... .... .. 11.3 Values, Schedule of .......................2.6,2.S-2.9, 14.1 Variations in Work —Minor • - Authorized ................................ 6.25, 6.27, 9.5 Visits of Site —by ENGINEER ......................... 9.2 , Waiver of Claims -on Final Payment ........................................... 14.15 Waiver of Rights by insured parties ............. . . 5.11, 6.11 • Warranty and Guarantee, General ---by .......................... 6.30 Warranty of Title, CONTRACTOR'S ...... ............. 14.3 Work— . Access to ....................... .. 13.2 , byothers . ...................... 7 Changes in the ....................................... 10 Continuing the ............. .... 6.29 CONTRACTOR May Stop Work . or Terminate ................................... 15.5 Coordination of ...................................... 7.4 Cost of the...............0..............._..... 11.4-11.5 ' • definition of ........................................ 1.43• neglected by CONTRACTOR ...................... 13.14 otherWork ............................................ 7 OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work .................. 13.10, 15.1 Related, Work at Site ............................. 7,1-7.3 Startingthe .......................................... 2.4 Stopping by OWNER .......................... 15.1-15.4 Variation and deviation authorized, minor........................................... 3.6 Work Change Directive— ' claims pursuant to .................................. 10.2 definitionof ........................................ 1.44 principal references to .................... 3.5.3, 10.1-10.2 ' Written Amendment — definition of ........................................ 1.45 principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 ' Written Clarifications and Interpretations ........................... 3.6.3, 9.4, 9.11 Written Notice Required— by CONTRACTOR ........ 7.I, 9.10.9.11, 10.4, 11.2, 12.1 • by OWNER ....................9.10-911104 11.2, 13.14 I 1 12 I I I G U 1l I L I I I I I GENERAL CONDITIONS -,., ARTICLE I —DEFINITIONS Additions Sc 1 Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER `and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by. such supporting documentation as is required by the Contract Documents. - 1.4. Asbestos —Any material that contains more than one • percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6.. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and' the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's .Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree - ment, together with all Written Amendments. Change Orders, Work Change Directives. Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. III. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12.. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final • - payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. A.M. CONTRACTOR —The, person, firm or corporation with"whom OWNER has entered into the Agreement. 1:14defective—An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by. ENGINEER and are referred to in the Contract •'Documents, Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. I 13 I 1.20.: General Requirements —Sections of Division I of the Specifications. .. . 1.21. Hazardous Waste -The term Hazardous Waste shall have the meaning provided in Section 11104 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. - - .. .. 1.22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens —Liens, charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone —A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofA ward —The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. .1.26. NoticesoProceed—A writtennoticegivenbyOWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed pan of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. I.M. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature.. and pressure (6) degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non•Hazardous Wastes and crude oils. 1.31.. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material__Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. . . 1.33. Resident Project Representative— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials,equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams. illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Spectfrcations—Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als. equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of.the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. . Supplementary Conditions —The pan of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A- manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. UndergroundFacilsties—Allpipelines,conduits,ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. - 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. I I J I I I I I I I I I I L� I 14 I I I I - I 1 I I iH I 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction. and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or after the Effective Date of the ,Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in • paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that :- the change directed or documented by a Work Change Dircc- tive will, be incorporated in a subsequently issued Change .:.Order following negotiations by the parties as to its effect, if . any; on the Contract Price or Contract Times as provided in • paragraph 10.2. . 1.45.'-r. Written Amendment -A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than • strictly construction -related aspects of the Contract Docu- ments. ARTICLE 2 —PRELIMINARY MATTERS DeliverybfBands: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. .. Copies of Documents: Addition see SC2.2 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as arc reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Nonce to Proceed. • 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement, or. if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract -Documents and check and verify pertinent figures shown • ' thereon and all applicable field measurements:'CONTRAC- • TOR shall promptly -report in writing to ENGINEER any 'conflict; error.ambiguity or discrepancy which CONTRAC- TOR'niay'discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Worktaffetted thereby; however; CONTRACTOR shall not be %'' liable 'to-OWNER'or ENGINEER -for failure to report any -'= onflict;'error,ambiguity or discrepancy in the Contact Doc- •umenis; unless CONTRACTOR knew or reasonably should • have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents: 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting; reviewingand processing such submit- tal; 2.6.3.. at 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 sand profit appli- cable to each item of Work. 2.7. Before any Work at the site is started. CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions. certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4. 5.6 and 5.7. Addition see Sc 2.7 Prrconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference F'. L attended by CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in -paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Ieuiaffy Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR. ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as- provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules art submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER.as providing an orderly progression of the Work to completiowwithin any specified Milestones and the Contract Times; but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT. AMENDING, REUSE Intent - 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordancewith the law -of the place of the Project. 3.2. his the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning arc used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be ,issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and SpecifuaHH, of Technics! Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. ':3:3.2. If, during the performance of the Work, CON- '- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or • Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, • CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- catedin paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents): or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities ofOWNER, W N ER, CONTRACTOR or ENGINEER, • or any of their subcontractors, consultants, agents, or em- _ ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER. ENGINEER or any of ENGINEER'S Consultants, agents or employees any duty or authority to supervise or direct the furnishing or I I I I I I F I n I I I [H I 16 LJ I I I I I I I U I I performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- • graph 9.13 or any other provision of the, Contract Docu- rents. 3.4. Whenever in the Contract Documents the terms "as ordered;" "as directed," "as required;' "as allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable; "'suitable, "'acceptable; 'proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- • ment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term oradjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty_ or • authority to undertake responsibility contrary to the provi-'.., sions of paragraph 9.13 or' any otherprovision-of the_:, Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide • for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, • 3.5.2.' a Change Order (pursuant to paragraph 10.4), or 3.5.3: a Work Change Directive (pursuant to paragraph 10.1). - • 3.6.' In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or ' Sample (pursuant to paragraphs 6.26 and 6.27), or I 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: ■ 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings. Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such btawings. Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .Availability of Lands: •4.1.:," OWNER shall furnish, as indicated in the. Contract Documents, the lands upon which the Work is to be performed, • rights -of -way and easements for access thereto, and such other elands which are designated for the„use; of CONTRACTOR. -Upon reasonable written request,.OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in - OWNER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided in Articles II and 12.' CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Repons and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1.Subsurface face Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. 17 I 4.2.2.. Limited Reliance by CONTRACTOR Authorized; Technical. Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in,the Supple- mentary Conditions. Except for such reliance on such "tech- nical data." CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to:. 4.2.2.1. the'completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2.':other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or - - 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawr.from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical:condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in Paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and.before further disturbing conditions affected thereby or performing'anyWork in connection therewith (except in an emergency -as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Revieio: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change:, If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: • . 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through.4.2.3.4, inclusive; - 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; - 4.2.• 6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final • commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's. making such final commitment; or . • 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER,s Consult- ants 'shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4,3. Physical Conditons-_{IndergrvuM Facifidu: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on I Li I I I I I I I I I I. I I In I I 1 1 . 1 I I L information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: .4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and .. 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for. (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated - in the Contract Documents, (iii) coordination of the Work with . the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground . Facilities as provided in paragraph 6.20 and repairing any • damage thereto resulting from the Work. .._.4.3.2. No: Shown or Indicated: If an Underground Facility • is uncovered or revealed at or contiguous to the site which was .not shown on.indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and • before further disturbing conditions affected thereby or per- forming any Work in connection therewith. (except in an "emergency as required by paragraph 6.23). identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time. CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- • ment to or the amount or length of any such adjustment in • Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles II and 12. However, ,OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs. losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying - out�.the -Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is,,lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos. PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawinzs or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property %'ex posed; thereto in connectionwith the Work at the. site. OWNER shall not be responsible -for any such • materials brought to the site by CONTRACTOR. Subcontractor. Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2.`. CONTRACTOR shall immediately: (i) stop all :Work in connection with such hazardous condition and in any.'area affected thereby (except in an emergency as re- quired by'paragraph-6.23),-and (ii) notifyOWNER and ENGINEER (and thereafter confirm such notice in writing). • OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Woric in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions • under which such Work may be resumed safely. If OWNER ••and CONTRACTOR cannot agree as to entitlement to or the • amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles II and 12. 4.5.3. If after receipt of such special written notice 'CONTRACTOR does not'agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the . amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles II and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. • 4.5.4. To the fullest extent permitted by Laws and Reg- ulations. OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's I 19 L f4 Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself). including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. .4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous .Waste or Radioactive Material uncovered or revealed at the site. ARTICLE S —BONDS AND INSURANCE Additions see SC=5.1.1 and 5.1.2 . -. - Performance, Rryment and Othei Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Taws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable. Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff. Bureau of.Government Financial Opera- tions, U.S. Treasury Department, All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. Replacement see SC 5.2 5.3.-Licrnsed Sur -cries and Insurers; CeF46cates of Insurance: . £31.. All Bonds and insurance^required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the juris- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. Additions see SC 5.3:1 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other addi- tional insured) which OWNER is required to purchase and • maintain in accordance with paragraphs 5.6 and 5.7 hereof. .:Revision see. SC 5.3.2 CONTRACT OR's Liability Inrmanee: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations underthe Con- tract Documents, whether it is to be performed or furnished by C0NTRACOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: • 5.4.1. . claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and. 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ' ownership, maintenance or use of any motor vehicle. I I L C IJ FI L I L La I I CI 20 n I I I I :E I ri I I I The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 1trF • 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER. ENGINEER's Con- , sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds. and include coverage for the respective officers and employees of all such additional insureds; ance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the interests of OWNER. CONTRAC- TOR. Subcontractors, ENGINEER. ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- 5.6.2. be written on a Builder's Risk "all-risk" or open mentary Conditions or required by Laws or Regulations, peril or special causes of loss policy form that shall at least whichever is greater; ' include insurance for physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall 5.4.9. include completed operations insurance; - . . ' .:insure' against' at least the following perils fire, lightning, extended coverage, theft, vandalism and malicious mischief, 5.4.10. include contractual liability insurance covering - . earthquake;collapse: debris rcmval, demolition occasioned CONTRACTOR's indemnity obligations under paragraphs by enforcement of Laws and Regulations, water damage, .;,c; 6.12,6.16 and 6.31 through 6.33; - and such other perils as may be specifically required by the 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- vide); • . 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, rcmoving'or replacing defective Work in accordance with paragraph 13.12; and 5.4.13.: with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). Addition see SC 5.4.14 OWNER's liability fnrwwwe: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4. OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Replacement see SC 5.5 Property Inrtaanee: 5.6. - Unless otherwise provided in the Supplementary Con- ditions, OWNER shall purchase and maintain property insur- Replacement see SC 5.6 21 Supplementary Condmons, 5.6.3. include expenses incurred in the repair or replace- " ment of any insured property (including but not limited to fees and charges of engineers and architects); 5.6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica- tion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER. CON- TRACTOR and ENGINEER with thirty days written notice to each 'other additional insured, to whom a certificate of insurance has been issued. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required.. by the Supplementary Conditions or Laws and Regulations which- will.include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. Replacement see SC 5.7 • 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11. I 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coveragewithin the limits of such amounts, each may purchase, and maintain it at the purchaser's own expense. .Delete 5.10 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. _-x 5.17. Wm 'er of Rights: 5.11.1. OWNER and CONTRACTOR intendthat all • policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons orentities identified in the Supplementary Conditions to be. listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions tothe effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against'any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies .and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or enlities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable tinder any policy so issued, 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: .5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss. or damage to OWNER's property or the Work caused by, arising out of or. resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph .14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR. Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. Receipt and Application of insurance proceeds Delete 5.12 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Delete 5.13 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. I. I I I I. I Aeteptanee of Bonds and lnsunznce; Option to Replace: ' 5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in. accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7.OWNER.and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was Li I I I 22 1 P ,1 I L required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. a'e;3 P.: ,�. Partial Urntion—Property /nsuroncr: 5.15. If OWNER finds it necessary to occupy or use a - portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10: provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in : writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by _ endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of _ any such partial use or occupancy. d ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES: - Supervision and Superintendence: I I H I CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday. Sunday or any legal holiday without OWNER's written consent given after prior written •notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, con- struction equipment and machinery, tools, appliances, fuel. power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and comple- tion of the Work. 6.5.• All materials and equipment shall be of good quality and new,' except as otherwise- provided in the Contract Docu- - mehts:. All"warranties'and guarantees.specificallycalled for by the Specifications shall expressly run to the benefit of OWNER. If- required- by -ENGINEER:- CONTRACTOR shall furnish `:' satisfactory evidence (including reports of required tests) as to 'the kind and quality of. materials and equipment. All materials :and equipment shall be applied, installed, connected, erected. - • 'r ' -used cleaned and' conditioned in accordance with instructions ''of the applicable Supplier, except as otherwise provided in the Contract Documents. 6.1. CONTRACTOR shall supervise, inspect 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 Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques. sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique. sequence or procedure of construction which is shown or indicated in and expressly c'' required by the Contract Documents: CONTRACTOR shall be `!responsible to see that the completed Work complies accu- "rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The "superintendent will be CONTRACTOR's representative at the `site"and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitablyqual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or • the Work or property at the site or adjacent thereto, and except -'as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times .(or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule _ that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph ....12.1.. Such adjustments may only be made bya Change ...Order or Written Amendment in accordance with Article 12. Addition see SC 6.6 6.7. Substitutes and "Or•EquaP" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary- item or the name of a particular Supplier, the specification or description is intended to establish the type. function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER underthe followingcircumstances: 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. cf 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or-qual" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material. or equipment proposed -is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for view of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR, If CONTRACTOR • wishes to furnish or use a substitute item of. material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar, in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design`to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All'variations ofjhe proposed substitute from that specified will beidentified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result. directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. . 6.7.1.3. CONTRAC7OR's Erpense: All data to be provided by CONTRACTOR in support of any proposed "or -equal' or. substitute item will be at CONTRACTOWs expense. . 6.7:2.. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of constmction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER. in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in Paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason. able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items. of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable- substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such I I I I H I H I I I I I [1 I I 24 I A I I L I I I I substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors. Suppliers and other persons and organiza- .tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier or lother person or organization any contractual relationship between -OWNER or ENGINEER and any such Subcon- .:_, - ., tractor, Supplier or other person or organization, nor shall it• . create any obligatiorion the part of OWNER or ENGI- - NEER td pay or to see to the payment of any moneys due. any such Subcontractor. Supplier or other person or organi- zation `except as may otherwise be required by Laws and Regulations. 6.9.2: CONTRACTOR shall be solely responsible for. scheduling and coordinating the Work of Subcontractors,. Suppliers and other persons and organizations performing or. ' furnishing any of the Work under a direct or indirect contract •with CONTRACTOR. CONTRACTOR shall require all Sub- contractors. Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11: All Work performed for CONTRACTOR by a Sub- . contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 57. the agreement between the CONTRACTOR and the Subcontractor or Supplier will .con - tam o provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER. ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRACTOR will obtain the same. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention. design, process, product or device which is the subject of patent ;rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any. of them from and against all claims, costs, losses and damages arising. out of .or resulting from any 'infringement of patent rights or copyrights incident to the use in C:,the performancd of the Work or.resulting from the incorpora- tion in the -Work of any invention, design, process; product or -: device.notspecified in the Contract Documents. Permits: - . -.6.13.. Unless otherwise: provided. in. the. Supplementary -• Conditions, CONTRACTOR shall obtain and pay. for all con- :struction-permits and. licenses. OWNER. shall assist CON - •TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1: -CONTRACTOR shall give all notices and comply -_with all Laws and Regulations applicable to furnishing and '..performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6:14.2:- If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs. losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer. use and other similar taxes required lobe paid by CONTRACTOR in accordance with the Laws and Regulations of the place of I the Project which ate applicable during the performance of the Work. . - Use of Premises: . 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- - - ,„.age to any such land or area, or to the owner or occupant thereof or of any adjacenfland or areas, resulting from the performance, of the; Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations;=.indemnify and hold harmless OWNER. ENGI- NEER, ENGINEER'S Consultant and anyone directly or - indirectly employed by any of them from and against all claims,. costs. losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner �roccupant against OWNER, ENGINEER or anyother party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR 'shall keep the premises free from accumulations of waste materials, rubbish and otherdebris resulting from the Work. At . the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances. construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of - , any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: .6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications. Addenda, .Written Amendments, Change Orders. Work Change Direc- tives. Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of 9 the Work, these record documents. Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other properly at the site or adjacent thereto. including trees, shrubs, lawns, walks, pavements. roadways. structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction.for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them. and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage. injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR. any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be. liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in pan, to the fault or negligence of CONTRACTOR or any Subcontractor. Supplier or other per- son or organisation directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is'completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion), Safety Representauive: 6.21. CONTRACTOR shall designate a qualified and expe- rienced.safety representative at the site whose duties and I. 1 I. 1 I. I. 1 1 I I I I I .1. •1 I I C 11 I -1 responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams- tx. ,. 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6:23.- In emergencies affecting the safety orprotection of persons or -the Work or property: at the site or adjacent thereto, CONTRACTOR; without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act.to prevent threatened damage, injury or loss. CON - .TRACTOR shall give ENGINEER prompt written notice if • CONTRACTOR believes that any significant changes in the . Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in - `:'; the Contract Documents is required because of the action t' .taken by CONTRACTOR in response to such an emergency, -.: a Work Change Directive or Change Order will be issued to .,.document the consequences of such action. 6.24, Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample .submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number. of copies •.specified in General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti,: ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and • to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples ,to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for, which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- " ple; CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- .tpents, materials, catalog numbers and similar information :, with respect thereto, 6.25.1.2. all materials with respect to intended use. fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to C0NTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings t and'Samples and•with-the requirements of the Work and the Contact Documents. 6.25.2. Each submittal will bear a stamp or specific "4 written indication that'CONTRACTOR has satisfied CON- ' ?'TRACTOR'S obligations under the Contact Documents with "respectto CONTRACTOR'Sreview and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26.: ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample. submittals accepted by ENGINEER as re- quired -by' paragraph' 2.9.. ENG INEER's review ' and• approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the -information given in.the:Contract' Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, • methods, techniques, sequences or procedures of construction (except .where : a particular ,means, method, technique, se- quence -or procedure of construction- is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract 27 Documents unless CONTRACTOR has in writing called EN- GINEER'S attention to each such variation at the time of submission as required by paragraph -6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25:1. 6.28. Wherea Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as requited by paragraph 2.9, any related Work performed piior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole -expense and responsibility of CONTRACTOR. .tt Condnuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution o1 any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. sr 6.30. COMRAC717R's General Wanwuy and Guamtuee: Addition..- See SC 6.30.3. 6.30.1.. CONTRACTOR. warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR'S warranty and .guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub - Contractors or Suppliers; or .6.30.1.2. normal wear and tear under normal usage. 6.301. CONTRACTOR's.obligation to perform and com- .plete the Work in accordance with the Contract Documents ?shall be absolute. None of the following will constitute an Yacceptance of Work that is not in accordance with the Contract Documents or a release of C0NTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; • 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30:2.4.. use or occupancy of the Work or any part thereof by OWNER; - .. 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by ethers; or 6.30.2.8.' any correction of defective Work by OWN ER. Addition See Sc 6.30.3 Indemnification: 6.31. To the fullest ex�ent permitted by Laws and Regula- tions. CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether •or not caused in pan by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.3I shall not extend to the liability of ENGI- NEER and ENGINEER'S Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obiiga4onr: . 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with I ii L I. I I I I I I I I I I 0 U I U I I I I I _1 I F the Contract Documents, as well as all continuing obligations ' indicated in the Contract Documents, will survive final pay- . ment, completion and acceptance of the Work'and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Additions see SC 7,5 Refated Wor* at Site: •7.1. OWNER may perform other work related to the ::.Project at the site. by OWNER -s own forces,'or let other :direct contracts therefor which shall contain General Condi- tions similar to these, or have otherwork performed, by utility owners. If the fact that such other work is to be performed was nor noted in the Contract Documents, then: (i) written notice thereof will be given to. CONTRACTOR_. • prior to'starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles I I . and 12'if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties arc unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility -owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the 'execution of such other work and shall properly connect and ' coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTORI shall do all cutting; fitting and patching of the Work that maybe required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en danger'any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that " there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. 7.4.,:If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. 'the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; . 7.4.2. . the specific matters to be covered by such author- ity and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. : Unless. otherwise provided in the Supplementary Condi- ctionii, OWNERshall have sole authority and. responsibility in respect of such coordination. ARTICLE 8—OWNER'S.RESPONSIBILITIES 8.1:: Except as otherwise provided in these General Condi- .:tions; OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they arc due as provided in paragraphs 14.4 and 14.13. 8.4.' OWNER's duties in respect of providing lands and • easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph • 42 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the.Contract Documents. Delete 8.5 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to. stop Work or suspend Work, see paragraphs 13.1O and 15.1. Paragraph 15.2 deals with, OWNER's right to terminate services of CON- TRACTOR under certain circumstances. I 29 I 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for. CONTRAC- TDR's means, methods, techniques; sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance: of the. Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. , 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs. Petroleum. Hazardous Waste or Radioactive Materials uncovered or' revealed at the site is set forth in paragraph 4.5.. .8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be -as set forth in the Supplementary Conditions. ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1.ENGINEER wiltbe OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's rcpre= sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. - Yirilr to Site: 9.2.' ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed"Work. Based on information obtained during such visits and observations. ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding -in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations. ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation. during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- esible for CONTRACTOR's means, methods. techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, of for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. Clar#iieadonr and Interpretations: . 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the, form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR_ If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the •amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article II or Article 12. Authorized Variation in Work: . 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof,. OWNER or CONTRACTOR may make a written claim therefor as provided in Article II or 12. Rejecting Defective Work: . . 9.6: ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or I I I I I I I I Li I I I I I L9 i • that ENGINEER believes will not produce a completed Project to ENGINEER and the other party to the Agreement promptly "that conforms to the Contract Documents or that will prejudice (but in. no event later than thirty days) after the start of the YJt 'a♦ 'Y'. =A the integrity of the design concept of the.complieed Project as occurrence or event giving rise thereto, and written supporting a functioning whole as, indicated by the Contract Documents. data will, be submitted to ENGINEER and the other party ENGINEER will also have authority to require special inspec- within sixty days after the start of such occurrence or event lion or testing of the. Work as provided in paragraph 13.9. unless ENGINEER allows an additional period of time for the whether or not the Work is fabricated. installed or completed. submission of additional or more accurate data in support of I. such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within Shop Drawings, Change Orders and Payments: thirty days after receipt of the claimant's last submittal (unless 9.7. In connection with ENGINEER's authority as to ENGINEER allows additional time). ENGINEER will render a formal decision in 'writing within thirty days after.receipt of Shop Drawings and Samples, see paragraphs 6.24 through 6.28 - the opposing party's submittal, if any. in accordance with this inclusive. - paragraph. ENGINEER's written decision on such claim. _ - - dispute or other matter will be final and binding upon OWNER 9.8:-1n'connecuon with:'ENGINEER's' authority as to and CONTRACTOR unless: (i) an'appeal from ENGINEER's Change Orders, see Articles 10. 1 I. and 12. ' .. decision is taken within the time limits and in accordance with: the procedures' set forth in EXHIBIT GC -A. "Dispute Reso- 9: ons for• Payment, see Article 14. TRACTOR pursuant to Article. It. or.. (ii). if no such Dispute -- - - _ "Resolution'Agreement has been entered into, a written notice ."of intention to appeal from ENGINEER's written decision is Determinations for Unit Prices: delivered ' by.OWNER or CONTRACTOR to the other and to ENGINEER will determine the actual quantities and ''ENGINEER within thirty days after the date of such decision I classifications of Unit Price Work performed by CONTRAC- and a for al proceeding is instituted by the appealing party in TOR. ENGINEER will review with CONTRACTOR the EN- a forum of competent jurisdiction to exercise such rights or GINEER's preliminary determinations on such matters before remedies as the appealing party may have with respect to such rendering a written decision thereon (by recommendation of an claim, dispute or other matter in accordance with applicable ' Application for Payment or otherwise). ENGINEER's written Laws and Regulations within sixty days of the date of such decision thereon will be final and binding upon OWNER and decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. unless, within ten days after the date of any CONTRACTOR. ' such decision, either OWNER or CONTRACTOR delivers to ' the other and to ENGINEER written notice of intention to 9.12. When functioning as interpreter and judge under appeal from ENGINEER's decision and: (i) an appeal from paragraphs 9.10 and 9.11. ENGINEER will not show partiality ENGINEER's decision is taken within the time limits and in to OWNER or CONTRACTOR and will not be liable in ' accordance with the procedures set forth'in Exhibit GC -A, connection with any interpretation or decision rendered in ."Dispute Resolution Agreement.' entered into. between.......'good faith in such capacity. The rendering of a decision by OWNER and CONTRACTOR pursuant to Article 16. or (ii) if.:.: • ENGINEER'pursuant to`paragraphs 9.10 or 9.11 with respect no such Dispute Resolution Agreement has been entered into,.....:: to'any`such claim; dispute'orother matter (except any which a formal proceeding is instituted by the, appealing party in a . have been waived by the making or acceptance of final forum of competent jurisdiction to exercise such rights or - payment as provided in paragraph 14.15) will be a condition ENGINremedies as the appealing party may have with respect to precedent to any exercise by OWNER or CONTRACTOR of 1 OWNER and decision, unless otherwise agreed in bwe subjectg by. such rights or remedies as either may otherwise have under the OWNER and CONTRACTOR. Such appeal will not be subject, to the procedures of paragraph 9.11. Contract Documents or by lawsor Regulations in respect of any such claim.- dispute or other matter pursuant to Article 16. ' Decisions on Disputes: 9.13. Iimi+adons on ENGINEER's Authority and Responaitit 9.11. ENGINEER will be the initial interpreter of the 9.13.1. Neither ENGINEER's authority or responsibil- ' requirements of the Contract Documents and judge of the it under this Article 9 or under any other provision of the acceptability of the' Work thereunder. Claims. disputes and y other matters relating to the acceptability of the Work or the Contract Documents nor any decision made by ENGINEER interpretation of the requirements of the Contract Documents in good faith either to exercise or not exercise such authority pertaining to the performance and furnishing of the Work and or responsibility or the undertaking. exercise or performance Claims under Articles II and 12 in respect of changes in the of any authority or responsibility by ENGINEER shall Contract Price or Contract Times will be referred initially to create, impose orgive rise to any duty owed by ENGINEER ENGINEER in writing with a request for a formal decision in to CONTRACTOR, any Subcontractor, any Supplier, any .:accordance with this paragraph. Written notice of each such other person or organization, or to any surety for or em- claini. dispute or other matter will be delivered by the- claimant ployce or agent of any of them. 1 3l 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- ` TOR's means, methods. techniques, sequences or proce- dures of construction, or the: safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR • to comply with Laws and Regulations applicable to the • furnishing orperformance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. - . 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier. or of any other person or organization perform- ijing.or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- - nance and operating instructions, schedules; guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph - - 14.12 will only be to determine generally that their content complies with the requirements of. and in the case of certificates"of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGINEER'S Consultants. Resident Project Representative and assistants. . ARTICLE 10 —CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without -'' notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of aoysuch document. CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 102. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case -of uncovering Work as provided in paragraph 13.9. 10.4.. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10:4.1'.' changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties: 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by. ENGINEER pursuant to paragraph 9.1!; provided that, in lieu of executing any such Change Order, an appeal may be taken.from any such decision in accordance with the provisions of the- Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- . TRACTOR shall carry on the Work and adhere to the progress schedule as provided in. paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to. Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. Addition see SC 10.6 ARTICLE II —CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned io or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 112. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional lime for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed coven all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will I I I I C I. I I I I I I I I 32 I I I I be valid if not submitted in accordance with this paragraph ;11.2.; • 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be ' determined as follows: • 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3. inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually - : agreed lump sum (which may include an allowance for overhead i1idpro&nbt'necessarily in'accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to alump sum is not reached under paragraph 11.3.2. on the basis of the Cost of the Work (determined as provided in. -. .'paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for •- overhead and profit (determined as provided in paragraph 11.6). Cost of the Work 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: - - • - 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not • employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall •include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, - on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- • 4als;:dnd equipment shall accrue to OWNER, and CON- . TRACTOR shall make provisions so that they may be _ obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER. CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Pius a fee, the Subcontractor's Cost of the .'& Work and fee -shall be' determined in -the same manner as ''=+' CONTRACIOR's'Cost of the Work and fee as provided in paragraphs 11:4,-11.5; I1.6 and '11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4;t Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors; attomeys'and accountants) employed for services spe- • cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and c. hand- tools not.owned. by the. workers,. which are con- sumed in the performance of the Work, and cost less ... •:-market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3.' Rentals of all construction equipment and machinery and the parts thereof whether rented from • CONTRACTOR or othersin accordance with rental agrec- ments approved by OWNER with the advice of ENGI- NEER, and the.cosfs-of transportation, loading, unload- ing, installation, dismantling and removal thereof all in accordance with the terns of said rental agreements. The re of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. • 11.4.2. Cost of all materials and equipment furnished and i; incorporated in the Work, including costs of transportation 114.5.5. Deposits lost for causes other than negli- and storage thereof, and Suppliersfield services required in gence of CONTRACTOR, any Subcontractor or anyone connection therewith. All cash discounts shall accrue to directly or indirectly employed by any of them or for CONTRACTOR unless OWNER depositsfunds with CON -whose acts any of them may be liable, and royalty TRACTOR with which to make payments, in which case the payments and fees for permits and licenses. I 33 I 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9). provided they have re- sulted from causes other than the negligence of CON - any Subcontractor,: or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable Such losses shall include settle- ntents made'with the written consent and approval of • OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such bss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7.' The cost of utilities, fuel. and sanitary facili- ties at the site. 11.4.5.8.; Minor expenses such as telegrams, long dis- " - tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work.. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The Term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership • and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents,. expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically, included in the agreed upon schedule of job classifications Mfe to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 --all of which arc to be consid- cred administrative costs covered by the CONTRACTOR's fee. H -.. 11.5.2. Expenses of,CON TRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. • 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 1.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and. making good any damage to property. t Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1 a mutually acceptable fiXbd$ee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.42,the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent. 11.6.2.3. where one or more tiers of subcontracts arc on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and. 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; • 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5: the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and • 11.6. - 2.6. . when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. . 11.7. .Whenever the cost of any Work is to be determined pursuant, to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit inform acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. I I FT I 1.I I I I IJ [J 1 I IJ E2! ' CashAiowaaest of having incurred additional expense or OWNER be- •,. „. lieves that OWNER is entitled, to a decrease in Contract I I.s. It is understood that CONTRACTtlth s included in -Price and the parties are unable to agree as to the amount ' the Contract Price all allowances so, named in the Contract of any such increase or decrease. Documents, and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: ' ARTICLE 12 —CHANGE OF CONTRACT TIMES I L8.1. the, allowances include the cost to CONTRAC- :. TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the and 12.1. The Contract Times (or Milestones) may only be site, and all applicable taxes; changed by a Change Order or a Written Amendment. Any 11.8.2. CONTRACTOR's costs for unloading and han- claim for an adjustment of the Contract Times (or Milestones) dling,99,the site. labor. installation costs.. overhead, profit ';shall be based on written notice delivered by the party making and ,other expenses contemplated for. the allowances have thrclaim to the other party and to.ENGINEER promptly (but been included in the Contract Price and not in the allowances " to no'event' later (lion' thirty days) aftenthr occurrence "of the • and no demand for additional payment on account of any of event giving rise tothe claim and- stating the general nature of .. the foregoing will be valid, the claim. Notice of the extent of the claim with supporting 'data'shall be delivered within sixty days after such occurrence Prior to final payment, an appropriate Change Order will be (unlessENGINEER' allows an additional period of time to • issued, as recommended by ENGINEER to reflect actual ascertain more accurate data in support of the claim) and shall . c,; amounts` due CONTRACTOR on account of Work covered by accompanied by. the t h en's. written statement that the • allowances, and the Contract Price shall be correspondingly adjustment claimed'is the entire adjustment to which the adjusted. .'claimant has reason to believe it is entitled as a rcsult.of the >occurence'of said event. -All claims for -adjustment in the Contract Times (or Milestones) shall be determined by ENGI- .11,9. UnirPriee wont NEER in accordance with paragraph 9.11 ii OWNER and CONTRACTOR cannot otherwise agree. No claim for an I I I I I I 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work Mimes the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price adjustment in the Contract Times (or Mtkstones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. • Work are not guaranteed and are solely for the purpose of : 12.3: Where CONTRACTOR is prevented from complet- comparison of Bids and determining an initial Contract : ' ing any part of the Work within the Contract Times (or Price. Determinations of the actual quantities and classifies- •'- Milestones) due to delay beyond the control' of CONTRAC- Lions of Unit Price Work performed by CONTRACTOR will TOR. the Contract Times (or Milestones) will be extended in an be made by ENGINEER in accordance with paragraph 9.10:... -.amount equal to the. time.lost due to such delay if a claim is 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to ' cover CONTRACTOR's overhead and profit for each sepa- "'iately identified item. - .Replace 11.93 with Sc 11.9.3 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article II if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cared in the Agreement; and 11.9.3.2.. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result made therefor as provided in paragaph.12.1. Delays beyond • the control of CONTRACTOR shall include; but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7. fires, floods. epidemics.. abnormal weather, condi- tions or acts of God. Delays attributable to and within the • control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 35 12.4. Where CONTRACTOR is prevented from complet- ing any pan of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONi xft& TOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR. or (ii) delays beyond the control of both parties including but not limited to fires, Moods epidemics, abnormal weather condi- _ lions;' acts or acts or neglect by utility -owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective ..Work of which OWNER or ENGINEER have actual knowl- edge will be` given to CONTRACTOR. All defective Work r..t,,..._`• may be rejected, corrected or accepted as provided in this Article 13. Arens so Wort d3.2. OWNER: ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER. independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide, them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. frrTi'g'',-,, 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Replacement with SC.13.3 ,. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: Replacement with SC 13.4 ..13.4.1.j for inspections, tests or approvals covered by vrj paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9: and 13.4.3. • as otherwise specifically provided in the Coo- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required cenficates of inspection, or approval. CONTRACTOR shall also be responsible for artang- ,ing and obtaining and shall pay all costs in connection with any - inspections, less or approvals required for OWNER's and ENGINEER's"acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment -submitted for approval prior to CONTRACTOR'S .-. . Purchase Thereof for mcorporationin the Work:" - 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must. if re- quested by ENGINEER, be uncovered for observation. 13.7: Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: - : 13.8: If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable• that covered Work -.be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER'S re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by. arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. and, if the panes are unable to agree as to the amount thereof. may make a claim therefor as provided in Article 11. If. however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount orextent xtent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. - ., OWNER May Stop the Work • 13.10lithe Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work I E] I I I C I I I I I I I I I 36 I I Li shall notve rise to any duty on the part.,of OWNER to exercise this right for the benefit of CONTRACTOR or any surety'or other party. Coerredon or Removal of Defective Wort 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed. either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by. ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Coenrcdon fbio&• pay, all.1daims. costs, losses and damages attributable to OWNERts evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price; and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article II. If the acceptance occurs after such recommenda- tion. an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Works 13;14: iIf CONTRAC[OR:fails within a"reasonable time after writtennotice' from ENGINEER to correct -defective Work'or to remove and replace rejected .Work as required by ENGINEER in accordance with paragraph.13.11, or if CON - 13.121. --If within one year after the date of Substantial`TRACTOR fails to perform the. Work. in accordance with the > ,Completion or such longer period of time as. may be pre- - Contract Documents. or if. CONTRACTOR fails to comply - 'scribed - by Laws or Regulations or by the terms of any, with any other provision of the Contract Documents. OWNER ..applicable special guarantee required by the Contract Doc -.-' may,' after seven. days': written notice. to .CONTRACTOR•, uments or by any specific provision of the Contract Docu- `correct and remedy'any such. deficiency.. In exercising. the ments, any Work is found to be defective. CONTRACTOR rights and remedies under this.paragraph OWNER shall pro - shall promptly, without cost to OWNER and in accordance ceed expeditiously. In connection with. such corrective and • with OWNER's written instructions: (i) correct such defec- remedial action, OWNER may exclude CONTRACTOR from • rive Work, or, if it has been rejected by OWNER, remove it all or pan of the site, take possession of all or part of the Work, from the site and replace it with Work that is not defective, and suspend CON TRACIOR's services related thereto, take and (ii) satisfactorily correct or remove and replace any possession of CONTRACTOR s toolsr appliances. construe - damage to other Work or the work of others resulting- lion equipment and machinery at the site and incorporate in the - therefrom. If CONTRACTOR does not promptly comply Work all materials and equipment stored at the site or for which with the terms of such instructions, or in in emergency OWNER has paid CONTRACTOR" but which are stored where delay would cause serious risk of loss or damage, elsewhere. CONTRACTOR shall allow OWNER. OWNER's -:OWNER may have the defective Workcorrected or,the... representatives, agents and employees. OWNER's other con - rejected Work removed and replaced. and all claims, costs, . ' ' tiactois and ENGINEER'and ENGINEER'S Consultants ac - losses and damages caused by or resulting from such .i . -cess to the site to enable OWNER to exercise the rights and moval and replacement (including but not limited to.all costs; ' remedies under this paragraph. All claims, costs, losses and of repair or replacement of work of others) will be paid by. ." 'damages incurred or sustained by OWNER in exercising such CONTRACTOR. rights and remedies will be charged against CONTRACTOR • and a Chan a Order will be issued incorporating the necessary 13.12.2. : In special circumstances where a particular item. of equipment is placed in continuous service before Substan-.; tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12. the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Aecepemrce of Defective Work 13.13. if. instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall 8 revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount' thereof; OWNER may.: make a claim therefor as. provided in Article IL Such claims, costs, losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OW N ER of OWNER'S rights and remedies hereunder. ARTICLE II PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values; 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and 37 will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on. account of Unit Price Work will be based on the number of onits com- pleted. Applicorion for Progress Payrwert: - Replacement withSC'14.2 14.2: At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date r.s, off%the-' Application and accompanied by such supporting documentation as is required by the Contract Documents. If •r;- 'payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably. stored at the site or at another location agreed to in writing.. the Application for Payment shall also be accompanied by a „bill of saleinvoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance "and otheiarrangements to protect OWNER's interest therein, ::;,_ •:'all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Wamvay of Tide: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for`Payment. whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: Revision see SC 14.4 14.4. ENGINEER will, within ten days after receipt of each Application, for Payment, either indicate in writing a recommendation. of payment and present the Application to OWNER. or return the Application to CONTRACTOR indi- `cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application: Ten days -after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OW N ER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying dataand schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: . the. Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit -Price Work under paragraph 9.10. and to any other quali- fications stated in the recommendation). and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between -the panics that might entitle CONTRAC- TOR to be paid additiohally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions- and programs incident thereto,. or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it'would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or. because of subsequently discov- ered evidence or the results of subsequent inspections or tests. nullify any such payment previously recommended, to such extent as may necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, ' 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5.. claims have been made against OWNER on account of CONTRACTORS performance or furnishing of the Work,. C C I I I I II I I I I I fl L_I I I I I GI I F I C I I I I I I I I I 14.7.6. Liens have been filed in connection with the • Work, except where- CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the • satisfaction and discharge of such Liens, 14.7.7. that are other items entitling OWNER, to a set-off against the amount recommended. or • 14.7.8. OWNER,has actual knowledge of the occur- • rence of any of the events enumerated in paragraphs • 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive: ENGINEER in writing prior to ENGINEER'S issuing the definitive cutificaie of Substantial Completion. ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment.. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. pertial Uclvndon: • 14.10:. Use by OWNER at OWNER's option of any sub - but: OWNER must give CONTRACTOR immediate written . stantially completed part of the Work which: (i) has specifically notice (with a copy -to ENGINEER) stating the:reasons.for .;been identified .in the .Contract Documents. or (ii) OWNER. such•action and promptly, pay, CONTRACTOR the amount so :ENGINEER :and 1 CONTRACTOR agreeconstitutes. a.sepa- ' 6withhcid: or any adjustment thereto agreed to by OWNER..and ,, .,rarely: functioning and usable part of the -Work that can be used CONTRACTOR, when CONTRACTOR corrects to OWN • .i,, byOWNER for its intended. purpose without significant inter - ER's satisfaction the reasons for such action. ferencewith CONTRACTOR'S performance of the remainder of the Work: maybe accomplished prior. to Substantial Com- ! C_ .... fpletion of all the -Work subject to the following: Srdirmncaompkcon: 14.8. ` When CONTRACTOR considers the entire. Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. after consideration of OWNER's objections. EN- GINEER considers the Work substantially complete. ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation, safety. maintenance, heat, utili- ties, insurance and warranties and guarantees. UnlessO WNER and CONTRACTOR agree otherwise in writing and so inform 39 14:10.1:. OWNER- at ,any time may. request CON - .TRACTOR in writing to permit OWNER to use any such • part of the -Work which OWNER believes to be ready for • its intended use and substantially -complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete. CONTRACTOR will certify to OWNER and ENGINEER that such pan of -the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, "OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that pair of the Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that pan of the Work to be substantially complete, the • provisions of paragraphs 14.8 and 14.9 will apply with • respect to'certifitation of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of pan of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property; insurance. Final Inspecdorr: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulate in which this inspection reveals that the Work is incomplete-ordefective. CONTRACTOR shall immediately takesuch treasures as atenecessary to complete such Work or remedy such deficiencies. Final AprGemar for Ptrywat - ... 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees. Bonds, certifi- cates orotherevidence of insurance required by paragraph 5.4. certificates of inspection, marked -up record documents (as provided in paragaph 6.19) and other documents, CONTRAC- " TOR may make application for final payment following the :procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents. including but'not limited to the evidence of insurance required ..by subparagraph 5.4.13, (ii) consent of the surety. if any. to final payment, and,(ui) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the. Work. In lieu of such releases or waivers of Liens and as approved by OWNER: CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls. material and equipment bills and otherindebtedoessconnectedwith the WorkforwhichOWNER • or OWNER's property might in any way be responsible have • been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full. CONTRACTOR majfumish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Find Payment and Acceptance: - 14.13...,, If.on the basis of ENGINEER's observation of the Work during;,. construction and final inspection. and ENGI- NEER's:review of the final Application for Payment and accompanying. documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the _Contract. Documents have been fulfilled. ENGINEER will. within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay-. ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the' Work is acceptable subject to the provisions of paragraph. 14.15. Oth- erwise. ENGINEER will return the Application. to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the'Application. Thirty days after the presentation to OWNER of the Applica- tion and: accompanying documentation.. in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended byENGI- NEER will. become due and will be paid by OWNER to CONTRACT -OR.,_ 14.14. If, through no fault of CONTRACTOR: final com- pletion of the Work is significantly delayed and if ENGINEER so confirms. OWNER shall. Upon receipt of CONTRACTOR's final Applicationfor Payment and recommendation of ENGI- NEER; and without terminating -the Agreement. make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement. and if Bonds have been furnished as requiredin paragraph 5.1, the written con- sent of. the 'surety to the payment of the balance due for that portion of the Work fully completed and accepted shall he submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall. not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by. OWNER against CONTRACTOR. except claims arising from unsettled Liens. from defective Work appearing after final inspection pursu- ant to -paragraph -14.11. from failure to comply with the Contract' Documents or the terms of any special guarantees specified therein. or from CONTRACTOR's continuing oh- ligations under the Contract Documents: and .14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1.. At any time and without cause. OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both. directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12 1. OWNER May Terminate: : .0 the occurrence of any one or more of the following events: I I I L L I. I C I I J I I 11 O I 15.2.4.: if CONTRACTOR otherwise violates in any sub- CONTRACTOR shall not be paid on account of loss of '• ; staritial way any provisions of•the Contract Documents;.; = _ anticipated profits'or revenue or other economic loss arising ;:;..--c .rouvof or resulting from such termination. OWNER may, after giving CONTRACTOR (and the surety. if any,) seven days' written notice and to the extent permit- . led by Laws and Regulations, terminate• the services of CONTRACTOR May Stop Work orTthninate: • CONTRACTOR, exclude CONTRACTOR from the site and • take possession of the. Work and of all CONTRACTOR'S.,.."-:._'-;, IS.Sr If; through no act or"fault of.CONTRACTOR, the 'tools; appliances, construction equipment and machinery at.;:,_, Work is suspended for a -period of more than ninety days by the site and use the same to the full extent they could be used ' ;-.:OWNER or under an' order of court or other public author - by CONTRACTOR (without liability -to CONTRACTOR for - . ity:..or-ENGINEER: fails to. act on: any: Application for trespass or conversion). incorporate in the Work all materi--- Payment within thirty days after iris submitted or OWNER ' als and equipment stored at the site or for which OWNER fails for thirty days to pay CONTRACTOR any sum finally has paid CONTRACTOR but which are stored elsewhere, determined to be due, thenCONTRACTOR may, upon and finish the Work as OWNER may deem expedient. In seven days' written notice to OWNER and ENGINEER, ' such case CONTRACTOR shall not be entitled to receive and provided OWNER or ENGINEER do not remedy such any further payment until the Work is finished. If the unpaid suspension or failure within that time, terminate the Agree - balance of the Contract Price exceeds all claims, costs, ment and recover from OWNER payment on the same terms losses and damages sustained by OWNER arising out of or as provided in paragraph 15.4. In lieu of terminating the resulting from completing the Work such excess will be paid Agreement and without prejudice to any other right or to CONTRACTOR. If such claims, costs, losses and dam- remedy, if ENGINEER has failed to act on an Application ages exceed such unpaid balance. CONTRACTOR shall pay for Payment within thirty days after it is submitted, or the difference to OWNER. Such claims. costs. losses and OWNER has failed for thirty -days to pay CONTRACTOR ' damages incurred by OWNER will be reviewed by ENGI- any.sum finally determined to be due. CONTRACTOR may NEER as to their reasonableness and when so approved by upon -.seven day's written notice to OWNER and ENGI- ENGINEER incorporated in a Change Order, provided that ."" NEER stop the. Work until payment of all such amounts due ' when exercising any rights or remedies under this paragraph CONTRACTOR; including interest thereon. The provisions OWNER shall not be required to obtain the lowest price for * of this paragraph 15.5 are -not- intended to preclude CON - the Work "performed. - TRACTOR from making claim -under Articles II and I2 for an increase in Contract Price or Contract Times or otherwise I 15.3. Where CONTRACTOR's services have been so ter for expenses or damage directly attributable to CONTRAC- ' urinated by OWNER, the termination will not affect any rights ' : -TOR's stopping Work as permitted by.this paragraph. 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. ARTICLE 16 —DISPUTE RESOLUTION • 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in - chiding, but not limited to. failure to supply "sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.4 for expenses sustained prior to the effective date of termination in performing services and furnishing labor, + . . ,s; matenais or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses: 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors. Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. I I I 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER. OWNER may. without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case. CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement;" to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise 1 41 I such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. - • ARTICLE 17 —MISCELLANEOUS Giving Nona: 17.1. Whenever any provision of the Contract Documents requires, the giving of written notice, it will be deemed to have been validly given if deli'ered 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. Conrpamoon of Times: 17.2.Ik When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the firsiand include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2.: A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Noon of Cloirr 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party. employees or agents or others for whose acts the other parry is legally liable, claim will be made in writing to the other parry within a reasonable time of the. first observance. of such injury or damage. The provisions 'of this paragraph 17.3 shall not be construed as a substitute for. or a waiver of the provisions of any applicable statute of limitations or repose. Cuma/aove Remedies: .. 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACIOR by paragraphs 6.12, 6.16, 6.30. 6.31. 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder. are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Pmjessionaf Fees and Court Costs Included: 17.5. Whenever reference is made to "claims,'costs, losses and damages," it shall include in each case, but not be limited to. all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. ['The remainder of this page was left blank intentionally.] I J I I I I J J I I J [1 J I 42 Ti i I 1 I I 1 I I I 1 'I SUPPLEMENT TO THE GENERAL CONDITIONS The following Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC. No'. 1910-8, 1990 Edition) and other provisions of the Contract Documents, as indicated below.. All provisions which are not so amended or supplemented remain in full force and effect. SC -1 Definitions and Abbreviations: In addition to the provisions of Article 1, the following supplemental definitions apply: _ .. "Owner" shall mean -the City, of, Fayetteville,. Arkansas, -actinT.thorough its duly +authorized representatives:: :Address:--.City:of- Fayetteville,::113:.West Mountain, Fayetteville, AR 72701. "Engineer" shall mean.the City of Fayetteville Engineering Division' (telephone 501-575-8206). Note "OWNER",-."ENGINEER"'and,•"OWNER. and ,:ENGINEER" may-be..used interchangeably. "Resident Project Representative" shall be,the'.authorized. representative.of.the "Engineer". "Surety" or "sureties" shall mean the -bondsmen or. party. or, parties: who. have made the fulfillment of the contract by bonds, and whose signatures are attached to such bonds. "Advertisement". shall mean the all legal publications pertaining to the work of .this contract. "Plans" shall mean, collectively, all of the drawings pertaining, to the contract and made a part thereof, and also such supplementary drawings as the Engineer may issue from time to time in order to clarify the drawings, or for the purpose of showing changes in the work as authorized under -the section "Modifications and .Alterations," or for the showing of details which are not shown thereon. ."Grade".as.used in these. specifications.shall mean and indicate the' established elevations of the paving, flow, lines of sewers and:other-appurtenances,as shown on the plans on file in the Engineer's office. Whenever the following abbreviations are used, they shall have the corresponding meaning as shown below: AASHTO - American Association of State Highway Officials ACI - American Concrete Institute - AGA - American Gas Association AHTD - Arkansas Highway and Transportation. Department ASHTD - Arkansas Highway and Transportation Department AISC - American Institute of Steel Construction ANSI - American National Standards Institute APA - American Plywood Association ASA - American Standards Association ASTM - American Society for Testing Materials. AWG - American Wire Gage AWPA - American Wood Products Association AWS - American Welding Society • AWWA . - -American Water Works Association GSA - General Services Administration, U.S. Government 1 NHBA - National Builders Hirdware.Association NEC - National Electric Code -- _ NEMA - National Electric Manufactures Association NFPA, - National Fire Protection Association NPT National -Pipe thread - SBC, •.. Standard Building: Code -,(also: SSBC) 'SPA .. Southern'Products:Association .. ..UL -. •- Underwriters Laboratories A - Ampere cfm- - cubic feet per minute .CGMP - corrugated galvanized metal pipe DIP . .-- ductile iron pipe _. - _,,_`�._,. gpm - gallons per minute r,... Hp - horsepower MGD - millionS gallons per day • N.C. --. normally closed N.O., - normally open ppm - parts per million • . psi -T. .- pounds per square inch ..,.. PVC - polyvinyl chloride (pipe) R - - motor starter relay RCP. - reinforced concrete pipe rpm.,.,:.. - .revolutions per minute T.D.:" - time delay. TDH - total dynamic head SC -2 Preliminary Matters . Add the following to immediately follow paragraph 2.2 of the General Conditions. SC-2.2 Conies of Documents: . Article 2.2 of the General Conditions shall be amended to read that Not less than five (5) bound copies of the proposal, contract, and stipulations shall be prepared and submitted to the OWNER for execution, each containing an exact copy of the CONTRACTOR'S proposal as submitted, the. Bond or Bonds properly executed and the Contract signed by both parties thereto. However, the CONTRACTOR and the surety executing the bond shall not date the contract or the bond upon submission or execution by the OWNER. These documents will be dated the date the OWNER executes the contract. OWNER_. shall furnish to CONTRACTOR up to two (21 copies of the contract documents as ate reasonably necessary for the execution of the work.. Additional copies will; -be furnished, upon request, at the cost of reproduction. SC 2:7. Furnishing of Insurance Data. Delete all references to OWNER supplied and OWNER delivered insurance. SC -5 Bonds and Insurance: - SCS.1 Performance, Payment and other bonds: -- Add the following new paragraphs immediately after paragraph 5.1 of the General Conditions which reads as follows: - - SC5.1.1 Resident Agent. The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance -Commissioner to represent the surety company executing said bonds; and filing with such bonds 2 1 1 I- I I. I. I 1 his power -of -attorney. The mere countersi6'nina'of the bonds by a resident agent `.-shall not be sufficient.- No employers' liability, public liability or workmen's collective insurance policy, shall be written in any casualty company not authorized to do business in the State of Arkansas. These policies shall • likewise be issued by a resident local agent licensed by the. Insurance Commission of; the State of Arkansas._ - SC5.1.2 Additional information. The Contractor shall provide the bonds as described in these sections within ten (10) days after the receipt of the NOTICE OF AWARD. For contracts in excess of $100,000.00 the bonds shall be..issued by a bonding company listed by the A.M. BEST Rating Book as follows: (1) contracts in excess -of $100,000.00, but,:less.than $1,000,000.00.-•'•B+•' :,.rating. or higher and contract. amount. may, not-. exceed,,2,. 0%-.of::.ther-policyholder's surplus. (2) contracts in excess of $1,000,000.00 --"A"-.rating or:higher-:and contracts ..may not exceed 2.0% of-the.policyholder's:surplus. The expense of all bonds shall be borne by the CONTRACTOR. SC 5.2. . Delete paragraph 5.2 of the General'. Conditions. -in:.. its"entirety and replace with.the following new paragraph 5.2: I I I SC 5.2. If at any time a surety on any such bond is declared bankrupt or loses its right to do business in the State of Arkansas or is removed from the above list of surety companies, the CONTRACTOR shall within ten (10) days after notice from the bond company that conditions are as described in this sentence and/or after notice from the OWNER to do so, substitute an acceptable bond or bonds in such form and sum and signed by other surety or sureties as may be satisfactory to the OWNER. The premiums on such bonds shall be paid by the CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable bond to the OWNER. ;.. :SC -5.3 Licensed Sureties and Insurers• Certificates of- Insurance. SC5.3.1 Add the following new paragraph immediately after paragraph 5.3.1 of the General Conditions which reads as -follows: The CONTRACTOR shall furnish.performance-and•payment bonds:as'provided.for by Article 5 of the General Conditions executed by, a. resident :local:agent'who is licensed by the Arkansas State. Insurance: Commissioner. to represent-•.the'surety -_company executing said bonds j..and- filing -with- such- bonds.his:ipower-of-attorney. The mere countersigning of the bonds by a resident agent shall'not be'sufficient employers', liability, public liability or--workmen.'s collective. insurance -policy shall be written in any casualty company not authorized -to do business in :.the State of Arkansas. . These policies shall likewise be issued by a resident -local agent licensed by the Insurance Commission.of the State of Arkansas. SC5.3.2 Delete the second sentence of paragraph 5.3.2 ("OWNER shall deliver to Contractor. . .") in its entirety. SC5.4. CONTRACTOR'S Liability Insurance: Add the following paragraphs immediately after;'.the respective paragraphs 3 - contained in paragraph 5.4 of,°the' 'General.Conditions; - The limits for. liability for the insurance requiredby 5.4 of: the General Conditions shall provide coverage for not less than the following amounts or the greater where required by law: - Workers Compensation:: - - - ..: .. Statutory 1) State:.. - � -.. � 2) Applicable Federal: Statutory 3): Employer's Liability: . $100,000.00each occurrence Comprehensive General Liability: $1,000,000.00 Combined Single Limit Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment exclusion deleted and broad form .prop'erty damage. - .. Comprehensive Automobile Liability r Bodily Injury: . $1,000,000.00 Each person $2,000,000.00 Each occurrence Property Damage: $500,000.00 . Each occurrence - - or a combined single limit of $2,000,000.00. - SCS.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General Conditions in its entirety and insert the following in its place: S_5. `OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and hold harmless the OWNER and the ENGINEER and their. -agents and employees from and against all losses and claims; demands, payments, suits, actions, recoveries, judgements of every nature and description brought or recovered against them by reason of omission or act of the CONTRACTOR, his-agent(s), employees, subcontractor, anyone directly or indirectly employed by`. any of them or anyone for whose acts any of them may be liable, in the execution of the Work or guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and -ENGINEER (either as co-insured or by endorsement), and shall maintain and'paythe premiums for such insurance in an amount not less that $2,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect the OWNER and ENGINEER from contingent liability under this contract. -. SC5.6 Property Insurance. Delete paragraph 5.6 of the General conditions in its entirety and insert the following in its place: . . - . - - I I. I I n I L H I I I i,SC 6 - CONTRACTOR'S RESPONSIBILITIES `�- •SC 6.6 - Progress schedules. Add -a new paragraph. 6.6.3. immediately following paragraph 6.6.2:which shall read: - . - An updated schedule, in the format specified in the Technical Specifications, shall be, required with each submittal for progress payment by the CONTRACTOR. Failure to provide an accurate schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to CONTRACTOR. _. •_;SC 6:30 CONTRACTOR'S General Warranty and Guarantee. -SC 6.30.3 - One Year Warranty. Add a new paragraph 6.30.3,- immediately following paragraph 6.30.2-.which:shall read: Fora period of one year, or longer if specified by -special guarantees or. bylaw, the Contractor shall at the Contractor's .expense make. all., repairs and replacements necessitated by defects in. the materials, workmanship, or -prosecution of the Work supplied under this contract, and pay for any. damage to other works • or property resulting -from such defects. • The.Contractor:shall hold the Owner and Engineer harmless from any liability of any kind arising from said defects. ' ;The effective date for the beginning of the one year warranty period will be as decided by the Engineer and will be either the date of the Engineer's recommendation for Final Payment in accordance with Article 14.13, Final Payment and Acceptance, or the date of Substantial Completion as specified in Article 14.8. ' -The Contractor shall make all repairs or replacements promptly upon receipt of written order for the repairs or replacements from the Owner. If the Contractor fails to make the repairs or replacements promptly, the Owner may perform the ' work and the Contractor and the Contractor's Surety shall be liable for all costs thereof. I H 11 I I SC 7 OTHER WORK Sc 7.5 Separate CONTRACTOR Claim. Add a. -new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: SC 7.5. Should CONTRACTOR cause damage to the Workor property of any separate contractor (or separate party) at the site, or should any claim .arising out of CONTRACTOR'S, performance of the Work: at the site be. made, by:. any. separate contractor (or separate party) against CONTRACTOR, OWNER. or. ENGINEER,, or.anysuch person, CONTRACTOR shall promptly attempt to: settle with such other separate contractor (or separate party) by agreement or otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations,. indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor (or separate party) against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor (or separate party) cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor (or separate party) at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal r 5_.6. Property Insurance. CONTRACTOR shall_ purchase: and maintain until final payment property.insurance upon the Work at the site to the full insurable value thereof (subject to deductible amounts as may be provided in- these, Supplementary Conditions or required by Laws and Regulations) but not less than ari amount equal to ,the -total bid price. This. insurance shall include theinterestof OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER'S consultants in the Work (all of whom shall be listed as insured or additional insured parties), shall insure ,against - the perils of. fire and extended coverage, shall: include "all-risk" insurance for physical loss and damage including theft, vandalism and malicious ,mischief,:collapse, flood, and waterdamage, and such other perils as may be • provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the • repair or replacement of any insured property (including but not limited to the fees and charges of engineers, architects,:. attorneys and other professionals). If not covered under the"all-risk" insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when ::'such portions of the Work are to be included in an application for payment. The polices of insurance required to be purchased and maintained by the CONTRACTOR in accordance with this paragraph 5.6 will contain a provision or endorsement that the coverage afforded will not be canceled or materiallychanged or renewal refused until at least 30 days prior written notice has been given to the OWNER ':. by.certifiedmail and will contain wavier provisions in accordance with General Condition paragraph 5.11.2. SC577 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: SCS.7 Other Insurance. The CONTRAC during the course of the Contract. insurance coverage other than that protect the OWNER against alllosses, determination of and procurement of TOR is to protect the OWNER against all loss If, due to. the nature of the Project, specified is needed by the CONTRACTOR to the CONTRACTOR shall be responsible for the any additional insurance needed. I I I 7 Ii I I 1 •l I SCS.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: SC 5.8. Policies shall also specify that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. All polices will provide for 30 days written notice (certified mail shall be required)' prior to any cancellation. or non -renewal of insurance policies required under the Contract. Any such wording as "will endeavor" or "but failure -to mail such notice shall impose no obligation or liability of any kind upon the Company..." shall be deleted from the certificates. SC5:10. Delete paragraph 5,.10-ofthe General Conditions in its entirety... SC5.12. Receipt and Application of Proceeds. Delete: paragraph,5.12 of the General Conditions in its entirety. _ - SC5.13. Delete paragraph 5.13 of the General Conditions in.its, entirety. I ' or equitable, against OWNER or ENGINEER or'perMit any action against them to be .".::maintained and continued in CONTRACTOR'S name for benefit in any court or before any arbitrator which seeks to impose liability on, or recover damages from OWNER or ENGINEER on account of such damage or claim. . If CONTRACTOR is delayed at any I. .time in- performing or furnishing Work by any act or neglect of a separate ;contractor (or separate party) and OWNER and CONTRACTOR are unable to agree as • to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12 of the ' General Conditions. An extension of . the Contract Time, shall be the CONTRACTOR'S —exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor (or separate party). This paragraph does not prevent recovery from OWNER or. ENGINEER for activities that are their respective contractual responsibilities. ,SC -8 OWNER'S RESPONSIBILITIES ' SC 8.5 Delete paragraph•8:5:.of-:the:. General, Conditions in. it..#s, entirety. ' :SC 10 CHANGES IN THE WORK • Add'a new paragraph -10.6 paragraphr.10.5.:of the General ..-Conditions to read: - I. 10.6. Limits of Authority. CONTRACTOR: shall-. note and abide by.the following :.OWNER'S and ENGINEER'S limits of authority for changes in the Work which require • a -change in the Contract Price and Contract time. Except in the case of extreme emergency to protect public safety, public welfare or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall apply: - Engineer's Representative - No authority. - Engineer - No authority. Mayor - $20,000.00 (Accumulative). I. All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall require the formal approval of the Fayetteville City. Council. Sc 11 CHANGE OF CONTRACT PRICE. ' SC 11.9. Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: 11.9.3 The unit price of -. an item ,of-UnitPrice--Work.-shallbe• subject to .reevaluation and adjustment under the following conditions: 2.11.9'.3.1 if the -total cost of a' particular item'of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more Ethan 25 percent from the estimated quantity of such item indicated in the Agreement; and 11.9.3.2. if there is no corresponding adjustment with respect to any other item ' of Work; and • 11.9.3.3 if CONTRACTOR believe that it has incurred additional expense as a ' result thereof; or i 7 I ifOWNER.believes that the quantity variation entitles OWNER to an ". adjustment -.in unit price; then . _ 11.9.3.5. either OWNER -or- CONTRACTOR'- make -a' claim for and adjustment in the Contract Price in: accordance with• Article ll-of the.General conditions;if 'the parties,.are .unable to-agree:as-to the`effect(s):.of•any-such 'variations:in:the `'quantity of UnitPrice.Work performed - - - SC -13 TESTS AND INSPECTIONS; CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVES ' WORK. • .. - 13.3 --Tests and Inspections. Paragraph.13.3 of the General Conditions is hereby deleted in its entirety and the following is. substituted in its place: Sc 13.3. CONTRACTOR shall give the ENGINEER proper notification as detailed below and cooperate with the testing and inspection of the Work. SC 13.3.1. All tests require a minimum notice of 24 hours. The 24 hours is •a minimum only, the exact time for testing and required inspections shall be determined by the Engineer. --SC 13.3.2. All field tests required for a project shall bewitnessed by -the - - .City Engineering Division representatives in the presence of the ENGINEER and CONTRACTOR, or their approved representatives. . SC 13.4 Paragraph 13.4 of the General Conditions is hereby deleted in its entirety and the following substituted in its place: SC. 13.4. CONTRACTOR shall employ and pay for the services of an independent testing laboratory to perform all tests as required by the Contract Documents. CONTRACTOR shall be responsible for the cost of all equipment, materials, labor, testing procedures and lab work for all tests as outlined in these specifications. ENGINEER shall have the right to approve or reject CONTRACTOR'S proposed lab based upon sound Engineering principles. Copies of all testing reports must be forwarded directly to the Engineer by the testing laboratory. OWNER shall provide all inspection services required by the Contract Documents and normally associated with the diligent progress of the Work (Except as detailed in paragraphs 13.4.1,2,3.) Prior to final acceptance by OWNER, the project shall be subject to a final inspection by designated representatives of the OWNER and CONTRACTOR. ARTICLE 14 PAYMENT TO CONTRACTOR AND COMPLETION ' SC 14.2 Application for Progress Payment, Paragraph 14.2 of the General Conditions.is hereby deleted in its entirety and the following substituted in its "place:. �SC 14.2.1. Monthly estimates will be prepared to include all work accomplished for the period ending the third Friday of each month; or Sc 14.2.2. Progress payments will be prepared at regular intervals, as scheduled by joint. consent of the CONTRACTOR and the ENGINEER at the pre -construction conference. SC 14.2.3. The ENGINEER, based upon data gathered during the construction • process,: will make an estimate of the value of the Work done and materials furnished in place during the previous estimate period. The CONTRACTOR shall 8 ,i I •.furnish to the ENGINEER such detailed information including invoices from material suppliers as the ENGINEER may request to aid in the preparation of the progress payment estimate. All payment requests are subject to retainage as ' determined by the ENGINEER. Retainage shall be 10% of said estimate until 50% of the work has been fully completed. At 50% completion, further partial payments shall be made to the contractor in full with no additional retainage unless the ENGINEER determines that the project is not progressing satisfactory, in which case additional retainage may be retained to a maximum of 10%. When the work is substantially completed, any retained amount may be paid to the contractor except the OWNER shall retain an amount sufficient to cover any work not yet completed. The release of retainage will be determined by the ENGINEER. If the OWNER or ENGINEER shall at any time fail to make the CONTRACTOR a monthly estimate at the time herein specified, such failure shall not be held to violate or void the Contract. Note, the failure of the Contractor to provide an accurate and current schedule update shall be reason to reject CONTRACTOR'S ' request for progress payment. SC 14.4. Review of Applications for Progress Payment. ' Delete the last sentence of paragraph 14.4 of the General Conditions and replace with the following: After the required internal reviews and processing by the City of Fayetteville, ' the City will diligently proceed to make payment to. the..contractory in,accordance with the approved payment request, within 30 days. All efforts will be made to make payments within the 30 day period, but the City cannot guarantee the 30 days maximum time. I I 1 1 I I I I EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CONTRACTOR ' Dated For use with EJCDC No. 1910-8 (1990 ed.) ' DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is ' amended to include the following agreement of the parties: 16.1 All 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 14.15) will 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 Article 16. This agreement so to arbitrate and t any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court ' having jurisdiction. 16.2 No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially ' for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have ' presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renderers a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the ' arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3 Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ' ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when I I 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. 16.4 Except as provided in paragraph 16.5 below, 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 Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. 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, and ' 16.4.2. 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, and ' 16.4.3. 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 the arbitration of any dispute not specifically described in such consent or to arbitration with any party not ' specifically identified in such consent. 16.5 Notwithstanding paragraph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER of CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts ' required by paragraph 6.11 as a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. ' Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ' ENGINEER or ENGINEER'S consultants that does not otherwise exist. 16.6 The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7 OWNER and CONTRACTOR agree that they shall first ' submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by the American Arbitration Association under the ' Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice I I I I I I I I I I I I I I I Li I I one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. I I I I I I I I CURB AND GUTTER AND STORM DRAINAGE IMPROVEMENTS FOR FAYETTEVILLE COMUNITY DEVELOPMENT STREET PROJECT UTILITY RELOCATIONS: The utility owners will be responsible for all necessary utility relocations within the right-of-way limits unless otherwise specified. However, the Contractor shall be responsible for verifying the location of all underground utilities prior to any excavation work, and coordinating with the utility owners as necessary. The Contractor shall notify the Engineer and the Owner immediately in the event of any conflict between the plans and any existing utilities. EARTHWORK: ITEM 240 - The items Excavation, Embankment, and Undercut shall be performed as indicated in the Specifications, and paid for as indicated on the Bid Proposal Form. Undercut shall consist of the removal and replacement of any unsuitable material below the plan ' subgrade elevation as directed by the Engineer. Excavation and Embankment will be paid for as a lump sum under the item EARTHWORK on the Bid Proposal Form. I I I I I I I GENERAL NOTES -1 Copyright © 1998 Crafton, Tull & Associates, Inc. I I ITEM 202 CLEARING AND GRUBBING 202-1.1 DESCRIPTION: This item shall consist of clearing and grubbing, including the disposal of materials, for all areas within the limits designated on the plans or as required by the Engineer. Clearing and grubbing shall consist of clearing the surface of the ground ' of the designated areas of all trees, stumps, down timber, logs, snags, brush, undergrowth, hedges, heavy growth of grass or weeds, fences, structures, debris, and rubbish of any nature, natural obstructions or such ' material which in the opinion of the Engineer is unsuitable for the foundation of pavements, or other required structures, including the grubbing of stumps, roots, matted roots, foundations, and the disposal from the project of all spoil materials resulting from clearing and grubbing by burning or otherwise. ' 202-2.1 MATERIALS: ' None. 202-3.1 CONSTRUCTION METHODS: A. General: ' The areas denoted on the plans to be cleared and grubbed under this item shall be staked on the ground by the Engineer unless specified otherwise. The clearing and grubbing shall be done at a satisfactory ' distance in advance of the grading operations. All spoil materials removed by clearing and grubbing shall be disposed of by removal to approved disposal areas. As far as practicable, waste concrete and masonry shall be placed on ' slopes of embankments or channels. When placed on slopes or channels, this material shall be placed in accordance with requirements for formation of embankments. Any broken concrete or masonry which ' cannot be used in construction, and all other materials not considered suitable for use elsewhere, shall be disposed of by the Contractor. In no TS -202-1 Copyright © 1998 ' Crafton, lull & Associates, Inc. I case shall any discarded materials be left in windows or piles adjacent to ' or within the project limits. The manner and location of the disposal of materials shall be subject to the approval of the Engineer and shall not create an unsightly or objectionable view. When the Contractor is ' required to locate a disposal area outside the project limits at his own expense, he shall obtain and file with the Engineer, permission in writing from the property owner for the use of private property for this purpose. ' Blasting shall be prohibited. ' The removal of existing structure and utilities required to permit orderly progress of work shall be accomplished by local agencies, unless otherwise shown on the plans. Whenever a telephone or telegraph pole, ' pipeline, conduit, sewer, roadway, or other utility is encountered and must be removed or relocated the Contractor shall advise the Engineer who will notify the proper local authority or Owner and attempt to secure prompt action. B. Clearing and Grubbing: The Contractor shall clear and grub the staked or designated areas of all objectionable materials. Trees unavoidably falling outside the specified ' limits must be cut up, removed, and disposed of in a satisfactory manner. In order to minimize damage to trees that are to be left standing, trees shall be felled toward the center of area being cleared and grubbed. The ' Contractor shall preserve and protect from injury all trees not to be removed. In the areas indicated to be cleared and grubbed, all stumps, ' roots, buried logs, brush, grass, and other unsatisfactory materials shall be removed. Tap roots and other projections over 1-1/2 inches in diameter shall be grubbed out to a depth of at least 18 inches. ' Fences shall be removed and disposed of when directed by the Engineer. Fence wire shall be neatly rolled and the wire and posts stored on the project if they are to be used again, or stored at a designated location if the fence is to remain the property of a local owner or of a civic authority. Any buildings and miscellaneous structures that are shown on the plans to be removed shall be demolished or removed, and all materials therefrom shall be disposed of either by burning or otherwise removed ' from the site as specified in Item 240, "Earthwork". ' TS -202-2 Copyright © 1998 Crafton, lull & Associates, Inc. 202-4.1 All holes remaining after the grubbing operation in embankment areas shall have the sides broken down to flatten out the slopes, and shall be filled with acceptable material, moistened and properly compacted in layers to the density required in Item 240. The same construction procedure shall be applied to all holes remaining after grubbing in excavation areas where the depth of holes exceeds the depth of the proposed excavation. TESTING AND MATERIAL REQUIREMENT Test and Short Title Material and Short Title None None TS -202-3 Copyright ® 1998 Crafton, lull & Associates, Inc. II I I I I I C I I H I I I1 Moveable buildings remaining for the Contractor's disposition may be ' removed from the project site intact if the Contractor so elects, or they may be demolished in place with the removal of resulting material and debris. 1 ITEM 203 REMOVAL AND DISPOSAL OF STRUCTURES 203-1.1 DESCRIPTION: This work shall consist of the removal and satisfactory disposal of curb and curb and gutter; portland cement or asphalt concrete driveways, parking areas, sidewalks, and steps; concrete pavement; existing fence; guard rail; retaining walls; manholes; catch basins; concrete or masonry basements, foundations, or slabs; tanks and lines; approach slabs and gutters; and old culverts, all of which are not designated or permitted to remain. The work may also include demolishing and/or removing from the site remaining buildings, or portions thereof, which are more particularly described in the plans and/or Special Provisions, together with all appurtenances, either attached or detached, including but not limited to canopies, porches, awnings, piping, poles, attached signs, auxiliary buildings, or sheds. 203-2.1 GENERAL: The attention of the bidder is directed to the necessity for careful examination of the entire site to determine, at the time of bid preparation, the full extent of work to be accomplished. The entire site shall be cleared of all man-made obstructions and debris, of whatever nature, and prepared in all respects for the construction of the proposed facilities. The Contractor shall not unnecessarily interfere with the use of any adjacent sidewalks, streets, or roads. Salvage materials in buildings to be demolished and materials in other man-made obstructions will become the property of the Contractor and shall be removed from the job site. The Contractor shall have no claim against the Owner because of the absence of any pre-existing buildings, materials, equipment, or fixtures from the items to be removed. I I TS -203-1 Copyright © 1998 Grafton, Tull & Associates, Inc. I I 203-3.1 CONSTRUCTION REQUIREMENTS: The disposal of all materials and debris shall be in accordance with the requirements of Item 202. All surface items such as curb, curb and gutter, driveways, parking areas, walks, steps, pavement, and walls shall be separated or broken away ' from the adjacent part of any structure designated to remain in place by a vertical saw cut along the line designated by the Engineer. The edge of the structure left in place shall be approximately vertical with no abrupt t changes in alignment. Any damage to or removal of the structure designated to remain in place shall be repaired or replaced at no cost to the Owner. ' Holes, ditches, or other abrupt changes in elevation caused by the removal operations that could obstruct drainage or be considered ' hazardous or unsightly shall be backfilled compacted, and left in a workmanlike condition. ' Old culverts or parts thereof that interfere with the new construction shall be removed. Steel and timber superstructures and abutments, and the tops of all concrete and masonry box culverts that are to be abandoned shall be removed entirely. Concrete and masonry abutments, shall be removed entirely or broken down to an elevation at least 2' below the ' subgrade elevation. Where old box culverts or pipe culverts are to be extended or otherwise incorporated into the new work, only such part of the old structure shall be ' removed as to provide a proper connection to the new work. The connecting edges or joints shall be cut, chipped, and trimmed to the ' required lines and grades without weakening or damaging the part of the structure to be retained. ' Work required in cutting back an existing concrete box culvert that is to be extended shall be accomplished in accordance with the applicable drawing and/or detail. For a pipe culvert extension, the headwall and the attached end joint of concrete pipe or the flared end section on all types of pipe shall be removed to accommodate the extension. This work will not be paid for directly but will be considered included in the items involved in the culvert extension. Pipe culverts, the tops of which are located within 3' of the elevation of ' the finished roadway, shall be removed. Pipe culverts at lower elevations, if in suitable condition in the judgment of the Engineer, may be TS -203-2 Copyright © 1998 Grafton, lull & Associates, Inc. L abandoned in place, in which case the headwalls shall be removed and the ends of the culvert plugged by means of concrete or large dumped ' rock plugs, at not cost to the Owner. I Material from old culverts, determined by the Engineer to have salvage value, shall become the property of the Owner. Salvaged material shall be carefully removed to avoid damage and shall be placed in neat piles of ' like material outside the construction limits but within the right-of-way or boundary of the project. Other salvaged material shall be disposed of by the Contractor as approved by the Engineer. ' At the Contractor's option, and to the extent compatible with property progress of the work, the removal of existing masonry may be coordinated ' with the grading operation. Broken concrete, stone, brick, and like material may be placed in embankments in parallel layers, with no material closer than 12" to the subgrade surface. The voids shall be ' completely filled with suitable material and thoroughly compacted. The material may be used in the construction of riprap, tree wells, and similar structures. When used as riprap, broken concrete shall meet the requirements of Item 228. Trenches resulting from the removal or demolition of old culverts shall be filled with approved material placed in layers in accordance with Item 240. Existing basements, sumps, pits, septic tanks, or wells that are outside ' the construction limits shall be backfilled as soon as feasible. Backfill shall be compacted to the extent practicable. Masonry and broken I. concrete, free of organic matter, may be used for such backfill to an elevation not less than 2' below finished elevation. The area shall be dressed and left in a neat condition. Masonry foundations shall be obliterated or if in fill sections, may be left in place if covered by not less than 2' of embankment. Floor slabs left in ' place shall be shattered and left in a permeable condition. Broken concrete, free of protruding reinforcing steel, may be placed in embankment in accordance with Item 240. ' Tanks shall be removed form the site and the resulting excavation backfield as specified above. Extreme care shall be exercised to avoid inadvertently cutting any buried fuel lines that may be under pressure. Fuel tanks shall be purged before removal. I ' TS -203-3 Copyright© 1998 Crafton, lull & Associates, Inc. I 203-3.2 METHOD OF MEASUREMENT: ' The method of measurement of each item will be in accordance with the units of measure herein specified. The quantities shown on the plans will ' be considered as the final quantities and no further measurement will be made unless, in the opinion of the Engineer or upon evidence furnished by the Contractor, substantial variations exist between quantities shown Ion the plans and actual quantities due to changes in alignment or dimensions or to apparent errors. ' The removal and disposal of the various items covered by this specification will be measured by the linear foot, square yard, or each as designated in the Proposal. Backfill material and compaction thereof will be measured and paid for as provided in Item 240 for the applicable item. ' 203-3.3 BASIS OF PAYMENT: ' Work completed and accepted under this item and measured as provided above will be paid for at the contract unit price bid for the specific items, which price shall be full compensation for removing, clearing, salvaging, ' storing, and disposing of all materials removed; and for furnishing all labor, equipment, tools, and incidentals necessary to complete the work. 1 I I I I I 1J ' Ts -2034 copyright ® 1998 Crafton, Tull & Associates, Inc. I I ' 216-1.1 DESCRIPTION: ITEM 216 PIPE CULVERTS This item shall consist of the construction of pipe culverts and flared end sections for pipe culverts in accordance with these specifications, of the type, size and dimensions called for in the Bid Schedule and shown on the plans, and in conformity with the locations, lines and grades shown on the plans, or as directed. 216-2.1 MATERIALS: ' Materials and design requirements for the several types of pipe culverts and flared end sections shall conform to the following: A. Reinforced Concrete Pipe: The pipe may be of either bell and spigot or tongue and groove design ' unless one type is specified on the plans. The strength test requirements shall be the D -load to produce a 0.01 inch crack and the ultimate load specified for the appropriate type and class of pipe. 1. The manufacture and furnishing of circular pipe shall be in ' accordance with ASTM C 76. 2. The manufacture and furnishing of arch shaped pipe shall ' be in accordance with ASTM C 506. 3. Joints shall be composed of either cement mortar (3 parts ' concrete sand to 1 part Portland Cement) or cold applied preformed plastic gaskets unless one type is specified on the plans. ' Cold applied preformed plastic gaskets shall conform to AASHTO N 198, Type B. ' When a primer is recommended by the manufacturer to be used in connection with the plastic gasket, the material in the primer shall comply with the requirements as specified by the manufacturer. I 1 TS -216-1 Copyright © 1998 Grafton, Tull & Associates, Inc. I I B. Corrugated Steel Pipe: I I I I I C I I CJ I I Li I The manufacture and furnishing of corrugated steel pipe shall be in accordance with AASHTO M 36, as amended below, and AASHTO M 218. AASHTO M 36 is amended as follows: Add to section 24: The field inspection will be made by the Engineer. The Contractor shall furnish the Engineer an itemized statement of the sizes and lengths of culvert pipe in each shipment. This inspection will include an examination of the culvert pipe for deficiencies in lengths of sheets used, nominal specified diameter, net length of finished culvert pipe and any evidence of poor workmanship as outlined above. The inspection may include the taking of samples for chemical analysis and determination of weight of spelter coating. The pipe making up the shipment shall meet the requirements of these specifications and if 25% of the pipe in any shipment fails to meet these requirements, the entire shipment may be rejected. If the Engineer so elects, he may have the material inspected and sampled in the rolling mill or in the shop where fabricated. He may require from the mill the chemical analysis of any heat. The inspection, either in the mill or in the shop, shall be made under the direction of the Engineer. The Engineer will have free access to the mill or shop for inspection and every reasonable facility shall be extended to him for this purpose. The inclusion of any material or pipe which has been previously rejected at the mill or shop will be considered sufficient cause for rejection of the entire lot. The metal will not be accepted until after the sheet manufacturer's certified analysis and manufacturer's guarantee have been passed upon by the Engineer and accepted. The identification brands shall be placed on the sheets by the manufacturer of the sheets in such manner that when the sheets are rolled into culverts such identification shall appear on the outside of each section of pipe. Pipe having any sections not so stamped will be rejected. The kind of base metal shall be designated independently on the brand or trademark so as to clearly identify the base metal furnished with one of the kinds enumerated in AASHTO M 218. The designation of the kind of I TS -216-2 copyright© 1998 Crafton, Tull & Associates, Inc. I base metal may be accomplished by placing on the sheets the initials of the exact name of the base metal as follows: CBPI for copper bearing pure iron ' CS for copper steel C. Corrugated Aluminum Pipe: The manufacture and furnishing of corrugated aluminum pipe shall be in accordance with AASHTO M 196. ' D. Bituminous Coated Corrugated Metal Pipe: ' The manufacture and furnishing of bituminous coated corrugated metal pipe shall meet the requirements of (b) above for steel pipe. In addition the pipe shall be completely coated inside and out with an asphalt cement. The asphalt shall be 99% soluble in trichloroethylene. The pipe shall be coated uniformly to a minimum thickness of 0.05 inches, measured on the crests of the corrugations. The asphalt shall adhere to the metal, shall not chip off in handling and shall protect the pipe from deterioration, as evidenced by successfully meeting the following test requirements: 1. Stability Test: The asphalt shall not lose its stability when subjected to the ' highest summer temperature as indicated by passing the test performed as follows: Parallel lines shall be drawn along the valleys of the corrugation of a representative sample of coated pipe ' and the specimen placed on end in a constant temperature oven, with the parallel lines in a horizontal position. The temperature of the specimen shall be maintained within 2°F of 150°F for a period ' of four hours. At the end of this time no part of any line shall have dropped more than 1/4 inch. 2. Imperviousness Test: The asphalt coating shall be impervious to liquids as indicated by ' passing the test performed as follows: A 25% solution of sulphuric acid or of sodium hydroxide, or a saturated salt solution, shall be held in the valley of a corrugation for a period of 48 hours during TS -216-3 ' Copyright © 1998 Grafton, Tull & Associates, Inc. H which time no loosening or separation of the bituminous material from the galvanizing shall have taken place. ' E. Bituminous Coated and Paved Corrugated Metal Pipe: The manufacture and furnishing of bituminous coated and paved ' corrugated metal pipe shall meet the requirements of (b) above for steel pipe. F. Polyethylene Pipe: The manufacture and furnishing of polyethylene pipe shall be according Ito AASHTO M 294, Type S. Polyethylene pipe shall have a corrugated outer shell with an essentially smooth wall waterway. Couplings and fittings supplied or recommended my the pipe manufacturer shall be used. The flared end section shall be of the same material as the culvert pipe for a given installation except that the metal for steel end sections shall be of the gauge shown on the plans. 216-3.1 CONSTRUCTION METHODS: A. Depth of Excavation: Excavation shall be carried to a depth where foundation materials are satisfactory to the Engineer regardless of the elevations shown on the ' plans and foundations shall be inspected and approved prior to placing any part of the structure. Pipe culverts under the roadbed shall be so placed that the minimum depth of cover at the shoulder for pipe of any diameter or type shall be not less than one foot. ' B. Forming Bed for Pipe: ' Where the pipe is to be laid below the ground line, a trench shall be excavated to the required depth and to the minimum width practicable for working conditions. The bottom of the trench shall be shaped as shown Ion the plans to conform to the bottom of the pipe and afford a uniformly firm bed. Recesses shall be excavated to receive the bells where bell and spigot pipe is used. Soft or yielding material shall be removed and replaced with gravel or other suitable material which shall be compacted TS -216-4 ' Copyright © 1998 Grafton, Tull & Associates, Inc. I thoroughly into place with mechanical equipment. Where rock is encountered, the trench shall be excavated to a minimum depth as shown on the plans and backfilled with suitable martial, which shall be tamped thoroughly with mechanical equipment. ' Where pipe is not laid in a trench, a uniformly firm bed shall be made as specified above for the bottom of the pipe. C. Laying Pipe: ' The pipe laying shall begin at the downstream end and bell or groove ends of concrete pipe and outside circumferential laps of corrugated metal pipe shall be placed facing upstream. Corrugated metal pipe shall ' be placed with longitudinal laps or seams at the sides. Pipe which is not in true alignment or which shows settlement after laying shall be taken up and re-layed by the Contractor without extra compensation. ' D. Joining Pipe: I The method of joining pipe sections shall be such that the ends are fully entered and the inner surfaces are reasonably flush and even. When Portland Cement mortar is selected by the Contractor to seal concrete pipe joints, the following procedure shall be used: Before succeeding sections of pipe are laid, the lower portion of the bell or groove of the preceding pipe shall be plastered on the inside with mortar of sufficient thickness to bring the inner surfaces of the abutting pipes flush and even. After the pipe is laid, the remainder of the joint shall be filled with similar material and sufficient additional material shall be used to form a bed around the joints. The inside of the joint shall be wiped and finished smooth. After the initial set, the mortar on the outside of the joint shall be protected by means of an approved covering. 2. When cold applied preformed plastic gasket is selected by the Contractor to be used to seal concrete pipe joints, the following procedure shall be used: The pipe joint surface shall be cleaned and the primer (if recommended by the manufacturer) brushed on and allowed to dry. The protective wrapping shall be removed from one side of the rope. The rope shall be laid strip side up on the surface of the pipe joint and the strip pressed firmly to the surface of the pipe joint end to end continuing around the entire circumference of the joints. The remaining protective wrapping TS -216-5 Copyright © 1998 Grafton, Tull & Associates, Inc. I shall be removed and pipe forced into connection until material fills the joint space. To insure an even and well filled joint the final joining of the pipe shall be accomplished by either pushing or pulling by mechanical means each joint of the pipe as it is laid in an approved manner. In cold weather when directed, the joint material shall be warmed in a hot water bath, or by other approved methods, to the extend required to keep the material pliable for placement without breaking or cracking. E. Field Strutting: Where required by the plans, the vertical diameter of round flexible pipe shall be increased 5% by means of jacks applied after the entire line of pipe has been installed on the bedding but before backfilling. The vertical elongation shall be maintained by means of sills and struts or by horizontal struts as specified. Only horizontal ties shall be used on paved invert pipe. Ties and struts shall be left in place until the embankment is complete and compacted, unless otherwise directed. These construction specifications shall equally apply in the case of relayed conduits. In addition, all conduit salvaged for relaying shall be ' cleaned of all foreign material prior to reinstallation. F. Backfilling: ' Backfilling around the pipe shall be with approved material, free from large lumps or clods. The material shall be placed alongside the pipe in ' layers not to exceed four inches in depth at near optimum moisture content and compacted with mechanical equipment to 95% of the maximum density, as determined by AASHTO T 99, for the full depth of the pipe. All pipe placed under streets or other paved surfaces shall be backfilled with class 7 base material, per ITEM 1904, compacted to 95% of the maximum density as determined by AASHTO T 180. Special care ' shall be taken to compact the fill under the haunches of the pipe. The fill shall be brought up evenly in each side for the full length of the pipe to avoid displacement. The berm of thoroughly compacted material on each side of the pipe shall be as wide as the outside diameter of the pipe. Pipe 1 TS -216-6 ' Copyright© 1998 Crafton, Tull & Associates, Inc. damaged during construction operations shall be replaced at the Contractor's expense. 216-3.2 TESTING AND MATERIAL REQUIREMENTS: ' Test and Short e Material and Short Title AASHTO T 99, Density ASTM C 76, Reinforced Concrete Pipe Culverts ' AASHTO T 180, Density ASTM C 506, Reinforced Concrete Ash Pipe Culverts ' AASHTO M 198, Type B Joints for Concrete Pipe Gaskets ' AASHTO M 36 Corrugated Steel Pipe C.M.P. AASHTO M 218 Base Metal AASHTO M 196 Corrugated Aluminum Pipe 1 TS -216-7 ' Copyright © 1998 Crafton, Tull & Associates, Inc. ITEM 217 DROP INLETS AND JUNCTION BOXES ' 217-1.1 DESCRIPTION: ' This item shall consist of the construction of drop inlets or junction boxes, with rings and covers or grates and frames, in accordance with these specifications, of the type, size and dimensions shown on the plans, and ' in conformity with the locations, lines and grades shown on the plans, or as directed. ' 217-2.1 MATERIALS: IA. Cement, aggregates and water shall conform to the requirements of DIVISION 3 for Class S concrete. B. Reinforcing steel shall conform to the requirements of DIVISION 3. C. Masonry units shall conform to the following requirements: 1. Clay Brick - AASHTO M 114, Grade SW. 2. Concrete Brick - ASTM C 55, Grade S. 3. Concrete Masonry Blocks - ASTM C 139. 4. Concrete Masonry Blocks (Hollow) ASTM C 90, Grade U-11. ' 5. Structural Tile - ASTM C 34, Grade LBX. D. Steel for welded steel grates and frames shall conform to the requirements of ASTM A 36. E. Iron castings for rings and covers, grates and frames, and other appurtenances, shall conform to the requirements of ASTM A 48, Class 30A. Bearing surfaces between rings and covers or grates and frames shall be cast or machined with such precision that uniform bearing shall ' be provided throughout the perimeter area of contact. F. Red lead ready -mixed paint shall conform to the requirements of AASHTO M 72, Type 1. Aluminum paint shall conform to the requirements of AASHTOM69. 69. I TS -217-1 ' Copyright © 1998 Grafton, Tull & Associates, Inc. I 217-3.1 CONSTRUCTION METHODS.,. ' Drop inlets and junction boxes shall be constructed with reinforced concrete. Non -reinforced poured in place circular drop inlets may be used if approved by the Engineer. A. Concrete shall be proportioned, mixed, placed, finished and cured in accordance with DIVISION 3 Class S concrete. B. Concrete shall not be poured until the Engineer has inspected the forms and the placement of reinforcing steel and rings or frames. IC. Walls shall be constructed to form a tight joint with the floor and around the inlet and outlet pipes. Pipes shall be cut flush with the inside surfaces of the wall. Utility lines that are carried through the walls shall be protected in an approved manner to avoid damage. Faces of drop inlets shall be poured as a part of the curb in order to preserve the proper alignment. D. Mortar for masonry units shall be mixed in the proportion of 1 part Portland Cement to 2 parts concrete sand in a water -tight box until the mixture has a uniform color. Water shall then be added as the mixing continues until the mortar has a consistency that can be handled and ' spread with a trowel. Mortar that is not used within 30 minutes after water has been added shall ' be discarded. Retempering of mortar will not be permitted. E. Masonry units shall be laid in full courses with full mortar joints not more ' than 1/2 inch wide. Courses shall be level and adjoining courses shall break joints a near 1/2 unit as possible. At least one course in every ' seven shall be composed of headers. No spalls or bats shall be used except for shaping around irregular openings or when unavoidable to finish out a course. The outside face of walls shall be plastered with a 1/2 ' inch thick mortar coat. F. Metal rings or frames shall be set accurately to the finished elevations so that no subsequent adjustments will be necessary. They shall be set in a I TS -217-2 ' Copyright © 1998 Grafton, Tull & Associates, Inc. I full mortar bed with firm bearing on the walls or securely fastened to the forms so no movement will occur when concrete is placed around them. ' G. Welded steel grates and frames shall be welded with 1/4 inch welds completely around the joints. H. Metal rings and covers and grates and frames shall be given one shop coat and one field coat of red lead paint and one field coat of aluminum paint, as directed. II. Backfilling around structures shall be with approved material, free from large lumps or clods. The material shall be placed alongside the structure in layers not to exceed 4 inches in depth at near optimum moisture ' content and compacted with mechanical equipment to 95% of maximum density as determined by AASHTO T 99 for the full depth of the structure. ' J. Structures shall be cleaned of any accumulation of silt, debris or foreign matter of any kind, and shall be reasonably free of such accumulations at the time of final inspection. 217-3.2 TESTING AND MATERIAL REQUIREMENTS: Test and Short Title Material and Short Title AASHTO T 99 Density Class S Concrete, Division 3 ' ASTM A 36 Structural Steel ASTM A 48 Gray Iron Castings ASTM C 34 Structural Clay Tile Grade LBX ' ASTM C 55 Concrete Building Block, Brick Grade A ASTM C 90 Hollow Masonry Block Grade U-11 ASTM C 139 Concrete Masonry Block ' AASHTO M 69 Aluminum Paint AASHTO M 72 Red Lead Paint Type 1 AASHTO M 114 Clay Brick, Grade SW 1 1 TS -217-3 ' Copyright © 1998 Crafton, Tull & Associates, Inc. I I I j I I I ITEM 225 SEEDING 225-1.1 DESCRIPTIQNI This item shall consist of furnishing and applying fertilizer, seed and water in accordance with these specifications at locations shown on the plans, or as directed. The work under this item shall be accomplished as soon as practicable after the grading has been completed in order to deter erosion of the embankment and slopes. 225-2.1 MATERIALS: Fertilizer shall be commercial grade, uniform in composition, free flowing and suitable for application with mechanical equipment. Fertilizer shall be delivered to the site in labeled containers which conform to current state fertilizer laws and bear the name, trademark, and warranty of the producer. The seed shall be labeled in accordance with current rules and regulations of the State Plant Board, shall have a minimum of 98% pure seed and 85% germination by weight, and shall contain no more than 1% weed seeds. A combined total of 50 noxious weed seeds shall be the maximum amount allowed per pound of seed with the following exceptions: Johnson grass seed, wild onion seed, wild garlic seed, field bindweed seed or nut grass seed will not be allowed in any amount whatsoever. Seed which has become wet, moldy or otherwise damaged in transit or in storage will not be acceptable. Seed shall be an equal mixture of creeping red fescue and Kentucky blue grass applied at the rate of 20 pounds per acre. Fertilizer shall be 10-20-10, or the equivalent amount of plant food, and shall be applied at the rate of 500 pounds per acre. 225-3.1 CONSTRUCTION METHODS: Areas to be seeded shall be dressed to the shape and section shown in the plans. All topsoil shall be replaced prior to any preparations for seeding. The area shall be loose, free of large clods or rocks and excessive moisture. 1 I TS -225-1 Copyright ® 1998 Crafton, Tull & Associates, Inc. I 1 1 1 1 I 1 Fertilizer shall be uniformly incorporated into the soil to a depth of at least two inches. Seed may be broadcast by hand seeders or by approved power equipment. Either method shall result in uniform distribution and no work shall be performed during high winds. The area seeded shall be lightly firmed with a cultipacker immediately after broadcasting. 225-4.1 METHOD OF PAYMENT: Seeding shall be paid for at the lump sum contract price. TS -225-2 Copyright © 1998 Grafton, Tull & Associates, Inc. ITEM 228 RIPRAP 228-1.1 DESCRIPTION: ' This item shall consist of a protective layer of riprap of the type specified, placed in accordance with these 'specifications,and to the thickness, line ' grade and location shown on the plans or as directed. 228-2.1 TYPE: The types of riprap recognized by these specifications include the following: ' A. Stone Riprap: Stone riprap shall consist of a course or layer of stones laid to a minimum thickness of one foot, unless otherwise designated on the plans. B. Grouted Riprap: ' Grouted riprap shall consist of stone riprap with grout -filled joints. C. Mortared Riprap: Mortared riprap shall consist of broad flat stones, laid flat with mortar joints. D. Sacked Sand -Cement Riprap: Sacked sand -cement shall consist of a layer of sacks partially filled with a mixture of sand and cement. E. Concrete Riprap: Concrete riprap shall consist of cast -in -place concrete slabs. F. Foundation Protection Riprap: ' Foundation protection riprap shall be similar to stone riprap, except for size of stones and thickness of layer. TS -228-1 ' Copyright © 1998 Crafton, Tull & Associates, Inc. I G. Dumped Riprap: Dumped riprap shall be similar to stone riprap, except for size of stones and thickness of layer. 228-2.2 MATERIALS: A. Stone: Stone for riprap and filter blanket shall be obtained from an approved ' source and shall consist of sandstone, limestone, or other hard and durable stone which will be resistant to the action of air and water. Riprap stone shall consist of field stone or rough unhewn quarry stone, angular with fractured faces. It shall weight not less than 150 pounds per solid cubic foot. Shale, slate and similar materials shall not be used. Material for riprap and filter blanket shall be hard and durable with a percent of wear not greater than 45 by Los Angeles Test (AASHTO T 96). 1. Stone Riprap: Unless otherwise specified, at least 60% by weight of the material furnished shall weight not less than 75 pounds each, with no dimension less than 6 inches at least one dimension not less than 12 inches. 2. Grouted Riprap: Grouted riprap stone shall be of the same size, quality, and weight as for stone riprap. 3. Mortared Riprap: Stone for this purpose shall be of the quality specified for ' stone riprap and as far as practicable shall be selected as to size and shape in order to secure large, flat -surfaced stones which will lay up with a true and even surface and a ' minimum of voids. 4. Foundation Protection Riprap: Stone for foundation protection riprap shall be sound and durable stone and shall range in size up to 300 pounds each, unless otherwise specified, and shall be graded from TS -228-2 copyright© 1998 Crafton, Tull & Associates, Inc. I course to fine in such manner as to produce a minimum of voids. 5. Dumped Riprap: Dumped riprap shall be reasonably free from overburden spoil and reasonably well graded between the maximum and minimum rock piece sizes specified. Based on any one hauling unit shipment or delivery, the maximum piece size shall be not greater than 18 inches in any dimension and at ' least 50% of the material by weight shall consist of pieces weighing 35 pounds or more. Dirt or fines less than 1/2 inch in maximum cross section accumulated from quarrying or loading operations shall not exceed 5%. B. Portland Cement: Portland Cement for mortar, or grout, or for Sacked Sand -Cement Riprap, for Concrete Riprap shall conform to AASHTO M 85, Type 1. ' C. Sand: ' Sand for Sacked Sand -Cement Riprap, for Concrete Riprap and for mortar or grout shall conform to the requirements for fine aggregate for ' use in concrete as contained in Division 3. D. Coarse Aggregate: ' Course aggregate for Concrete Riprap shall conform to the requirements for coarse aggregate for use in Class S Concrete as contained in Division ' 3. E. Water: Water for use in grout, mortar, or concrete shall be clean and free from injurious amounts of oil, salt or other deleterious substances. Water shall ' be obtained at such a depth, and the intake so enclosed as to exclude silt, mud, grass or other foreign material. ' F. Reinforcing: ' The reinforcing steel for Concrete Riprap, unless otherwise specified on the plans or in the special provisions, shall be 6 inch by 6 inch No. 6 Welded Wire Fabric Conforming to the requirements of ASTM A 185. TS -228-3 Copyright © 1998 Crafton, Tull & Associates, Inc. I 228-3.1 CONSTRUCTION METHODS; Preparatory to placing riprap, the surfaces to be protected shall be shaped as indicated on the plans. Unless otherwise provided, a trench shall be excavated and shaped to the extended fill slope to such depth ' that the top of the riprap toe when placed will be at least 18 inches below the final ground surface. When rock or hard shale trench excavation is ' required, the riprap shall be keyed into this material the depth of the riprap. ' Unless otherwise authorizedl riprap protection shall be placed in conjunction with the construction of the embankment and with only sufficient lag in construction of the riprap as may be necessary to prevent mixture of embankment and stone protection materials. The Contractor shall maintain the riprap protection until accepted, and shall replace at his expense any material displaced. The stones shall be laid with close joints ' and in courses which shall be laid from the bottom of the trench upward, the largest stones being placed in the lower courses. Open joints shall be filled with spalls. A. Grouted Riprap: When designated on the plans, the joints between riprap stones placed as specified herein, shall be completely filled with grout from bottom to top, and the surface swept with a stiff broom. Care shall be taken during the placing of the stones to keep earth or sand from filling the spaces between the stones. ' Riprap shall not be grouted in freezing weather. In hot, dry weather, the work shall be protected from the sun. Riprap shall be kept continuously ' moist for at least three days after grouting. Grout for grouting riprap shall consist of one part Portland Cement and three parts of sand thoroughly mixed with water to produce a grout having a thick, creamy consistency. ' B. Mortared Riprap: Fifty percent of the mass shall be broad flat stones 2 cubic feet or more in ' volume laid with the flat surface uppermost and parallel to the slope. These stones shall be placed first and roughly arranged in close contact, the largest stones being placed near the base of the slope. The spaces ' between the larger stones shall be filled with stones of suitable size, leaving the surface smooth, reasonably tight and conforming to the 1 TS -228-4 ' Copyright © 1998 Crafton, Tull & Associates, Inc. I I I I I I contour required. In general, the stones shall be laid with a degree of care that will insure, for plane surfaces, a maximum variation from a true plane of not more than 1-1/2 inches in 4 feet. Warped and curved surfaces shall have the same general degree of accuracy as specified above for plane surfaces. As each of the larger stones is placed, it shall be surrounded by fresh mortar, and adjacent stones shall be shoved into contact. After the larger stones are in place, all of the spaces or openings between them shall be filled with mortar, and the smaller stones then placed by shoving them into position, forcing excess mortar to the surface and insuring that each stone is carefully and firmly bedded laterally. ' After the work has been completed as described above, excess mortar forced up shall be spread uniformly to completely fill surface voids. Surface joints shall be roughly pointed up either with flush joints or with shallow, smooth raked joints. Mortar on the exposed surfaces shall be removed. Mortar for mortared riprap shall consist of one part Portland Cement and three parts sand thoroughly mixed with water to produce mortar having a stiff, plastic consistency. C. Foundation Protection Riprap: ' The stone shall be carefully dumped to insure a reasonably smooth and continuous surface to such thickness and covering such areas as sown I. on the plans or as directed. D. Sacked Sand -Cement Riprap: ' Sand and cement for sacked Sand -Cement riprap shall be mixed mechanically in the proportion of 15% cement to sand, measured by weight and shall be mixed until the mixture has a uniform color. After the mixing has been completed, the sand and cement shall be put in suitable cloth sacks of approximately one cubic foot capacity. The sacks shall be filled in general not over three -fourths full, and shall be securely sewed or stapled, forming approximately a straight edge. Tying of sacks to form a knot will not be permitted. Starting at the tie, the prepared sacks of sand -cement shall be bedded on the surface upon which they are set or placed with the sewed ends all in the same direction as directed by the Engineer. They shall be laid in I TS -228-5 ' Copyright© 1998 Crafton, Tull & Associates, Inc. I horizontal courses and successive courses shall break joints with preceding ones. The sacks shall be rammed and packed against each other and tamped on the surface to secure a uniform surface. Immediately after tamping, the sacked sand -cement shall be thoroughly soaked with water. Water for wetting shall not be applied under extreme ' pressure. Sacked sand -cement riprap shall have an average thickness of depth, when in final position, of nine inches, unless otherwise specified on the plans. ' E. Concrete Riprap: 1. General: The concrete -slabs for riprap shall consist of concrete cast ' in place as specified herein and conform to the details shown on the plans. The slabs shall be of two types, plain concrete or reinforced as designated on the plans. Except as modified herein, construction shall conform to Division 3. 2. Concrete: The concrete shall be Class S conforming to the requirements of Division 3. It shall be of such consistency that it can be placed without the use of top forms. ' 3. Placing: Excessive cutting, washing or other damage to the original ' embankment before placing the concrete, shall be carefully restored, using mechanical tampers to obtain compaction. ' Surfaces of the slopes and toe walls shall be moist when the concrete is placed. Splices in wire mesh fabric shall be lapped at least 6 inches. At the edge of the riprap, the wire mesh shall not be less than one inch or more than three inches from the edge of ' the concrete and shall have no wires projecting beyond the last member parallel to the edge of the concrete. I I TS -228-6 ' Copyright© 1998 Grafton, Tull & Associates, Inc. I 1 I I El El I I I F Li I H ii I I I I Reinforcement shall be properly supported throughout the placement to maintain its position equidistant from the top and bottom surface of the slab. Concrete riprap shall be placed in strips of dimensions as shown on the plans. When not designated on the plans the concrete shall be placed in alternate vertical strips with the remaining strips being filled in later. The width of strips shall be 4 feet with 1/4 inch transverse dummy grooves on 4 foot centers for the entire length of the strip. The joints shall be normal to the slope and shall be cold joints without filler. One-half premolded joint filler shall be placed immediately adjacent to all fixed construction before placing the concrete. After the concrete has been placed and compacted to the dimensions specified and after it has set sufficiently to avoid slumping, the surface shall be finished with a wooden float to a reasonably smooth and uniform surface. Curing shall be in accordance with Division 3. Dumped Riprap: Stone for dumped riprap shall be placed in such manner as to produce a reasonably well graded mass of rock with the minimum practicable percentage of voids, and shall be constructed to the lines and grades shown on the plans or as directed. Material shall be placed to its full course thickness in one operation and in such a manner as to avoid displacing the underlying material. Placing dumped riprap in layers will not be permitted. The larger stones shall be well distributed and the entire mass of stones shall have uniform gradation and appearance. The finished riprap shall be free from objectionable pockets of small stones and clusters of larger stones. Hand placing to a limited extent may be required but only to the extent necessary to secure the results specified immediately above. Placing riprap by dumping into chutes or by similar methods likely to cause segregation of the various sizes will not be permitted. El TS -228-7 Copyright © 1998 Grafton, Tull & Associates, Inc. 228-4.1 TESTING AND MATERIAL REQUIREMENTS: Test and Short Title Material and Short Title None AASHTO M 85 ' AASHTO T 96 Los Angeles Test ASTM A 185 1 1 • TS -228-8 Copyright© 1998 Crafton, Tull & Associates, Inc. ITEM 240 EARTHWORK DESCRIPTION: This item shall consist of excavating, removing, and satisfactorily disposing of all materials within the limits of the work required in accordance with these specifications and in conformity with the dimensions and typical section shown on the plans and with the lines and grades established by the Engineer. All suitable material taken from excavation shall be used in the formation of embankment, subgrade, and backfilling, as indicated on the plans or as directed by the Engineer. When the volume of the excavation exceeds that required to construct the embankments to the grades indicated, the excess shall be used to grade the areas of ultimate development or wasted as directed. When the volume of excavation is not sufficient for constructing the fill to the grade indicated, the deficiency shall be supplied from borrow sources at locations on site or from offsite areas. 240-2.1 MATERIALS: ' Classification: All material excavated shall be defined as "Unclassified Excavation" ' unless, in the proposal form, prices asked and bids are taken for "Rock Excavation", "Common Excavation". ' All pavement removed shall be considered as unclassified excavation. "Rock Excavation", as provided in the proposal shall include all solid rock ' in ledges, in bedded deposits, in unstratified masses, and conglomerate deposits which are so firmly cemented they present all the characteristics of solid rock which cannot be removed without drilling and blasting. All ' boulders containing a volume of more than 1/2 cubic yard will be classified as "Rock Excavation". "Embankment", as provided in this specification shall include all material excavated and placed to attain the grades indicated on the plans or as directed by the Engineer. ' TS -240-1 copyright© 1998 Crafton, Tull & Associates, Inc. J 1 ' "Compacted Embankment", as provided in this proposal shall include all material compacted after excavation and placing, meeting minimum density requirements as specified, to attain the grades indicated on the ' plans or as directed by the Engineer. All embankment beneath areas to be paved shall be treated as "Compacted Embankment". ' "Compacted Subgrade", as provided in this specification, shall include all material on the top of subgrade in areas to be paved. The material shall be compacted to the depth and density specified to meet the grades ' indicated on the plans or as directed by the Engineer. "Undercut", as provided in this proposal shall consist of the removal and replacement of any unsuitable material below the plan subgrade elevation as directed by the Engineer. Frozen condition of any of the different classified materials taken from excavation does not constitute a basis for a claim for higher classification ' or for extra work on the part of the Contractor. CONSTRUCTION METHODS: ' 240-3.1 GENERAL: ' The rough excavation shall be carried to the necessary depth to obtain the specified depth of subgrade densification shown on the plans. Likewise, on embankments, the depth of subgrade densification shall be t as shown on the plans. Should the Contractor, through negligence or other fault, excavate below the designated lines, he shall replace the excavation with approved materials, in an approved manner and ' condition, at his own expense. The Contractor shall have complete control over the excavation, moving, placing, and disposition of all material. All material determined unsuitable shall be disposed of in waste ' areas or as directed. Topsoil shall not be used in fills or in subgrades but shall be handled and placed as directed. ' After excavation to subgrade, the embankment and/or subgrade material shall be laboratory tested in accordance with ASTM D 424. ' The Contractor shall inform and satisfy himself as to the character, quantity, and distribution of all material to be excavated. No payment will be made for any excavated material which is used for purposes other than ' TS -240-2 Copyright © 1998 Grafton, Tull & Associates, Inc. 1 I those designated. All spoil areas shall be leveled to a uniform line and ' section and shall present a neat appearance before project acceptance. Those areas outside of the pavement areas in which the top layer of soil ' material becomes compacted, due to hauling or to any other activity of the Contractor, shall be scarified and disked to a depth of 4 inches, as directed, to loosen and pulverize the soil, and seeded and mulched if specified. If it is necessary to interrupt existing surface drainage, sewers or ' underdrainage, conduits, utilities, or similar underground structures or parts thereof, the Contractor shall be responsible for and shall take all necessary precautions to protect and preserve or provide temporary services. When such facilities are encountered, the Contractor shall notify the Engineer, who shall arrange for their removal, if necessary. The Contractor shall, at his own expense, satisfactorily repair all damage to such facilities or structures which may result from any of his operations during the period of the contract. ' 240-3.2 EXCAVATION: Excavation shall be performed as indicated on the contract plans to the lines, grades, and elevation shown or as directed by the Engineer, and shall be made so that the requirements for formation of embankment can be followed. All material encountered within the limits indicated shall be removed and disposed of as directed. During the process of excavation, the grade shall be maintained so that it will be well drained at all times. When directed, temporary drains and drainage ditches shall be installed to intercept or divert surface water which may affect the work. ' When selective grading is specified or required as indicated on the plans, the excavated material shall be handled to allow the selected material to be properly placed in the embankment and in the capping of pavement ' subgrades as determined from the soil profile and soil characteristics. This material shall be deposited within the designated areas of the project as shown on the plans or as directed by the Engineer. Selective excavation shall be required of Unclassified Excavation to allow for proper placement of materials in the embankments. Rock and rubble with dimensions in any direction greater than 12 inches shall be • separated from the grades indicated on the plans or as directed by the Engineer. ' TS -240-3 Copyright O1998 Grafton, Tull & Associates, Inc. I El I I I El I L Il I n Those areas outside of the pavement areas in which the top layer of soil material becomes compacted, due to hauling or to any other activity of the Contractor, shall be scarified and disked to a depth of 4 inches, as directed, to loosen and pulverize the soil, and seeded and mulched if specified. If, at the time of excavation, it is not possible to place any material in its proper section of the permanent construction, it shall be stockpiled in approved areas for later use. Rock, shale, hardpan, loose rock, boulders, existing foundations and pavement,or other material unsatisfactory for subgrades, roads, shoulders, intermediate areas, or any areas intended for embankment shall be excavated to a minimum depth of 12 inches, or to the depth shown on the plans, or as specified by the Engineer, below the contemplated surface of the subgrade or the designated grades. Muck, peat, matted roots, or other yielding material, unsatisfactory for subgrade foundation, shall be removed to the depth specified, to provide a satisfactory foundation. Unsatisfactory materials shall be disposed of at locations shown on the plans or as designated by the Engineer. All material so excavated shall be paid for at the contract unit price per cubic yard for "Unercut" as provided in the proposal. The portion so excavated shall be refilled with suitable selected material as specified, obtained from the grading operations or borrow area and thoroughly compacted by rolling. The necessary refilling shall be considered subsidiary to the excavation time. When rock cuts are made and refilled with selected material, or where trenching out is done to provide for a course of pavement, the depths thus created shall be ditched at frequent intervals to provide adequate drainage. ' The Contractor shall make the distribution as indicated on the plans. Widening or narrowing of the section and raising or lowering of the grade to avoid haul will not be permitted. The right is reserved to make minor ' adjustments or revisions in lines or grades, if found necessary, as the work progresses due to discrepancies in the plans or to obtain satisfactory construction. ' The removal of existing utilities required to permit the orderly progress of work will be accomplished by local agencies unless otherwise shown on ' the plans. In cut areas, the subgrade under areas to be paved, herein defined as ' "Compacted Subgrade," shall be compacted to the depths as shown on I TS -240-4 copyright© 1998 Crafton, lull & Associates, Inc. I the plans or when not otherwise shown to be a minimum depth of 6 ' inches. Compacted density shall not be less than 95% of the maximum density at optimum moisture as determined by the compaction control tests specified in AASHTO T 180. Any unsuitable materials encountered shall be removed and paid for as "Undercut." No payment or measurement for payment will be made for "Compacted Subgrade". No payment or measurement for payment will be made on suitable materials removed, manipulated, and replaced in order to obtain density. Any removal, manipulation, aeration, replacement, and recompaction of ' suitable materials necessary to obtain the required density shall be considered as incidental to the excavation and embankment operations, and shall be performed by the Contractor at no additional cost to the project. Stones or rock fragments larger than 4 inches in their greatest dimension will not be permitted in the top 6 inches of the subgrade. In cuts, all loose or protruding rocks on the back slopes shall be barred ' loose or otherwise removed to line or finished grade of slope. All cut -and -fill slopes shall be uniformly dressed to the slope, cross section, ' and alignment shown on the plans or as directed by the Engineer. Blasting, when necessary, will be permitted only when proper precautions are taken for the protection and safety of all persons, the work, and the ' property. All damage done to the work or property shall be repaired at the Contractor's expense. Any approvals given will not relieve the Contractor ' of his responsibility in blasting operations. 240-3.3 DITCH EXCAVATIONS: ' Ditch excavation shall consist of excavating for drainage ditches such as intercepting, inlet or outlet, temporary levee construction, or any other ' type as designed or as shown on the plans. The work shall be performed in the proper sequence with the other construction. The location of all ditches or levees shall be established on the ground. All satisfactory ' material shall be placed in fills; unsatisfactory material shall be placed in spoil areas or as directed. Waste or surplus material shall be disposed of as shown on plans or as directed. Intercepting ditches shall be constructed prior to the starting of adjacent excavation operations. All necessary handwork shall be performed to secure a finish true to line, elevation, and cross section, as designated. ' TS -240-5 Copyright © 1998 Grafton, Tull & Associates, Inc. Ditches constructed on the project shall be maintained to the required t cross section and shall be kept free from debris or obstructions until the project is accepted. Where necessary, sufficient openings shall be provided through spoil banks to permit drainage from adjacent lands. Unless an item is included in the bid proposal form, separate payment will ' not be made for ditch excavation. ' 240-3.4 PREPARATION OF EMBANKMENT AREAL Embankment areas shall be cleared and grubbed in accordance with the requirements in Item 202. All depressions or holes below the ground surface, whether caused by grubbing or otherwise, shall be backfilled with suitable material and compacted to ground surface before the ' construction of the embankment will be permitted to start. Immediately prior to the placing of the fill materials, the entire area upon ' which the embankment is to be placed, except where limited by rock, shall be scarified and broken by means of a disk, harrow, or plow, or other approved equipment, to a depth of 6 inches. Scarifying shall be done approximately parallel to the axis of the fill. All roots, debris, large stones or objectionable material that would cause interference with the compaction of the foundation or fill shall be removed from the area and disposed of as directed. A thin layer (approximately 3 inches) of the fill material shall be spread over the scarified foundation and the whole area ' compacted as required in the specifications. Where embankments are to be placed on natural slopes steeper than 3 to II, horizontal benches shall be constructed as shown on the plans or as directed by the Engineer. Suitable excavated material shall be used for embankment at the lump sum price bid for "Earthwork." ' No direct payment shall be made for the work performed under this section. The necessary clearing and grubbing and the yardage removed ' or used will be paid for under the respective item of work. 240-3.5 STRIPPING; All vegetation such as brush, heavy sods, heavy growth of grass, decayed vegetable matter, rubbish, and any other unsuitable material within the area upon which fill material is to be placed shall be stripped or otherwise removed before the embankment is started, and in no case shall such objectionable material be allowed in or under the fill areas. No direct ' TS -240-6 Copyright © 1998 Crafton, Tull & Associates, Inc. 1 I ' payment will be made for stripping unless a separate item is listed in the ' proposal for Stripping Complete. 240-3.6 PLACEMENT OF EXCAVATED MATERIAL ' All material excavated and placed as fill, to attain the grades indicated on the plans or as directed by the Engineer, shall herein be termed I "Embankment", with no compaction other than that obtained by distributing equipment movement over the entire fill area, excluding the compaction requirements for "Compacted Embankment". Payment for the placement and compaction of "Embankment" and "Compacted Embankment" shall be inclusive to the cost of "Earthwork." ' 240-3.7 FORMATION OF EMBANKMENTS: ' Embankments shall be formed of satisfactory materials placed in successive horizontal layers of not more than 6 inches in loose depth for ' the full width of the cross section. The grading operations shall be conducted, and the various soil strata ' shall be placed, to produce a soil structure as shown on the typical cross section or as directed. All materials entering the embankment shall be reasonably free of organic matter such as leaves, grass, roots, and other ' objectionable material. Soil, granular material, shale, and other material permitted or used in embankment shall be spread in successive layers as specified. ' Operations on earthwork shall be suspended at any time when satisfactory results cannot be obtained because of rain, freezing weather, ' or other unsatisfactory conditions of the field. The Contractor shall drag, blade, or slope the embankment to provide proper surface drainage. ' In areas designated as "Compacted Embankment" on the plans or by the Engineer, the moisture content of the materials in the horizontal layers shall be maintained at 0% to 3% above optimum moisture content prior to rolling to obtain a compaction of 95% as determined by the Modified Proctor Test. This level of moisture shall be maintained until the next layer is placed. Wetting or drying of the material and manipulation when ' necessary to secure a uniform moisture content throughout the layer shall be required. Should the material be too wet to permit proper compaction ' or rolling, all work on all portions of the embankment thus affected shall be delayed until the material has dried to the required moisture content. ' T8-240-7 Copyright© 1998 Crafton, Tull & Associates, Inc. I Sprinkling shall be done with approved equipment that will sufficiently distribute the water. Sufficient equipment to furnish the required water ' shall be available at all times. Samples of "Compacted Embankment" materials for testing, both before and after placement and compaction, will be taken at frequent intervals. From these tests, correction, adjustments,and modifications of methods, materials, and moisture content will be made to properly construct the embankment. ' Rubble or rock deposited by the Contractor in areas designated as compacted embankment shall be deposited in loose lifts not to exceed 8 ' inches in depth. The greatest dimension of any single piece of rubble or rock shall not exceed 18 inches in any direction. The deposited rubble or rock shall be completely choked to eliminate all voids which cohesive or ' non -cohesive soils and the total compacted to the requirements as cited above. Rolling operations shall be continued until the embankment is compacted to not less than 90% of the maximum density, at optimum moisture, as determined by the AASHTO compaction control tests T 99. In embankment areas, the subgrade under areas to be paved, herein defined as "Compacted subgrade", shall be compacted to the depths as shown on the plans or when not otherwise shown to a minimum depth of 9 inches. Compacted density shall not be less than 95% of the maximum density at optimum moisture as determined by the compaction control tests specified in AASHTO T 180. Any unsuitable materials encountered shall be removed and paid for as "Unclassified Excavation". No payment for measurement for payment will be made for "Compacted Subgrade." Any areas inaccessible to a roller shall be compacted by mechanical ' means. On all areas outside of the pavement areas, no compaction will be required on the top 4 inches. ' During construction of the embankment, the Contractor shall route his equipment at all times, both when loaded and when empty, over the layers as they are placed and shall distribute the travel evenly over the entire width of the embankment. The equipment shall be operated in such a manner that hardpan, cemented gravel, clay, or other chunky soil material will be broken up into small particles and become incorporated with the other material in the layer. I ' TS -240-8 Copyright © 1998 Grafton, lull & Associates, Inc. I H In the construction of embankments, starting layers shall be placed in the deepest portion of the fill; as placement progresses, layers shall be 'constructed approximately parallel to the finished pavement grade line. ' When rock (or rubble and other embankment material are excavated at approximately the same time, the rock shall be incorporated into the outer portion of the embankment and the other material shall be incorporated ' under the future paved areas. Rock fill shall be brought up in layers as specified or as directed and form a dense, compact mass. Rock or boulder shall not be disposed of outside of the excavation or embankment areas, except at places and in the manner designated by the Engineer. Frozen material shall not be placed in the embankment nor shall ' embankment be placed upon frozen material. The Contractor shall be responsible for the stability of all embankments made under the contract and shall replace any portion which, in the opinion of the Engineer, has become displaced due to carelessness or negligence on the part of the Contractor. 240-3.8 HAUL No payment will be made separately or directly for haul on any part of the work. All hauling will be considered a necessary and incidental part of the work and its cost shall be considered by the Contractor and included in the contract unit price for the pay items of work involved. 240-3.9 EQUIPMENT: The Contractor may use any type of earth -moving, compaction and ' watering equipment he may desire or has at his disposal, provided the equipment is in a satisfactory condition and is of such capacity that the construction schedule can be maintained as planned by the Contractor ' and as approved by the Engineer in accordance with the total calendar days or working days bid for the construction. The Contractor shall furnish, operate, and maintain such equipment as is necessary to control uniform density, layers, section, and smoothness of grade. 240-3.10 PREPARATION AND PROTECTION OF THE SELECTED SUBGRADE: ' On areas to be paved, the specified depth in cut areas and the top of embankment shall be compacted to the density specified. If no depth is ' specified the depth shall be 12 inches. When completed, the surface ' TS -240-9 Copyright © 1998 Grafton, lull & Associates, Inc. I shall be true to the lines, grades, and cross section shown on the plans or ' as directed by the Engineer. After all drains, structures, ducts, and other underground appurtenances along the edges or under the pavement have been completed, the subgrade shall be compacted to the depth specified U. at not less than 95% density as is determined by the compaction control tests specified in AASHTO T 180. Any irregularities or depressions that develop under rolling shall be corrected by loosening the material at these places and adding, removing, or replacing material until the surface is smooth and uniform. Any portion of the area which is not accessible to a roller shall be compacted to the required density by approved ' mechanical tampers. The material shall be placed at 0% to 3% above optimum moisture and maintained at his level until the next layer is constructed. All soft and yielding material and material which will not compact readily when rolled or tamped shall be removed as directed by the Engineer and ' replaced with suitable material. After grading operations are complete, all loose stones larger than 2 inches in their greatest dimension shall be removed from the surface of all proposed graded paving areas and disposed of as directed by the Engineer. All times, the top of the subgrade shall be kept in such condition that it will drain readily and effectively. In handling materials, tools, and equipment, the Contractor shall protect the subgrade from damage by laying planks when directed and shall take other precautions as needed. In no case will vehicles be allowed to travel in a single track. If ruts are formed, the subgrade shall be scarified, reshaped and rolled. Storage or stockpiling ' of materials on the top of the subgrade will not be permitted. Until the subgrade has been checked and approved, no subbase, base, surface course or pavement shall be laid thereon. ' 240-3.11 PREPARATION AND PROTECTION OF UTILITIES: ' In areas designated on the plan as having existing utilities to remain in service or to be relocated by others, the Contractor shall be responsible for developing and maintaining sufficient earth overburden to protect ' these utilities. Any utilities not so protected will be repaired immediately at the Contractor's expense. Utilities relocated to new positions within the work area shall also be so protected. I Li TS -240-10 Copyright © 1998 Grafton, Tull & Associates, inc. I 240-3.12 TOLERANCES: ' In those areas upon which a subbase or base course is to be placed, the top of the subgrade shall be of such smoothness that, when tested with a ' 16 foot straightedge applied parallel at right angles to the centerline, it shall not show any deviation in excess of 2 inches from true grade as established by grade hubs or pins. Any deviation in excess of these ' amounts shall be corrected by loosening, adding, or removing materials, reshaping, and recompacting by sprinkling and rolling. ' On intermediate and other designated areas, the surface shall be of such smoothness that it will not vary more than 0.06 of a foot from true grade as established by grade hubs. Any deviation in excess of this amount shall be corrected by loosening, adding or removing materials, and reshaping. 240-3.13 TOPSOIL: When topsoil is specified or required, as shown on the plans or under a topsoiling item, it shall be salvaged from stripping or other grading operations. The topsoil shall meet the requirements of the specified item ' or shall be approved by the Engineer. If, at the time of excavation or stripping, the topsoil cannot be laced in its proper and final section of finished construction, the material shall be stockpiled at approved ' locations. Stockpiles shall not be placed within pavement areas and shall not be placed on areas which subsequently will require any excavation or embankment. Upon completion of grading operations as specified topsoil shall be handled and placed as directed, or as required in the specified item. The ' Engineer shall set grade stakes for grading operations in both cut and fill so that the topsoil will be placed at the finished plan elevation unless specified otherwise. No direct payment will be made for topsoil unless a topsoil item is included in the proposal form. The quantity removed and placed or ' stockpiled shall be paid for at the contract lump sum price for "Earthwork." When topsoil is paid for under excavation, no payment shall be made for the same work under a topsoil item. TS -240-11 Copyright © 1998 Crafton, Tull & Associates, Inc. ' 240-4.1 TESTING AND MATERIAL REQUIREMENT: Test and Short Title Material and Short Title ' AASHTO T 99, Density AASHTO T 180, Density ASTM D 424-P.L. & P.I. of Soils 1 .i 1 1 1 TS -240-12 Copyright O 1998 Crafton, Tull & Associates, Inc. I ITEM 241 PIPE UNDERDRAIN 1 241-1.1 DESCRIPTION: This item shall consist of constructing underdrains using pipe, and granular filter material in accordance with these specifications and in reasonably close conformity with the lines and grades shown on the plans or as directed. 241-2.1 MATERIALS: A. The types of pipes for underdrains shall conform to the following ' requirements: Ii. Corrugated Polyethylene Tubing: The tubing shall be the heavy duty type and shall conform to the requirements of AASHTO M 252. In addition, the tubing shall have a minimum pipe stiffness of 200 kPa (30 psi) at 10% deflection. 2. Acrylonitrile-Butadiene-Styrene Pipe: ' The pipe shall be extruded from virgin ABS complying with AASHTO M 264. Fittings shall be of the same composition and have the same physical properties as the pipe and shall not restric flow. Perforations shall be approximately circular and cleanly cut and shall have nominal diameters not less than 3/16 inch nor more than 3/8 inch and shall be arranged in at least two rows parallel to the ' axis of the pipe. B. Granular filter material shall meet the requirements for Course Aggregate in Class A concrete as follows: The course aggregate shall consist of crushed stone or gravel. A course aggregate consisting of a combination of crushed stone and gravel shall be used only when specifically approved by the Engineer. ' TS -241-1 Copyright ©1998 Crafton, lull & Associates, Inc. I Crushed stone shall consist of clean, tough, durable fragments of rock of uniform quality. The stone shall have a percent of wear of not more than 40 (Los Angeles Test) and when subjected to five cycles of the soundest test (Sodium Sulphate) shall have a loss not to exceed 12%. Gravel shall consist of clean, hard, durable, uncoated pebbles, crushed or uncrushed, having a percent of wear of not more than 40 (Los Angeles Test) AASHTO Designation T-96. When tested by laboratory methods the amount of deleterious ' substances will not exceed the following limits: Maximum Permissable Percentage Of Weight ' Removed by decantation ................1 % ' Coal and lignite ..........................0.25% Clay lumps.................................0.25% Soft fragments.................................5% ' Total deleterious substances ..........5% Coarse aggregate size shall be reasonably well graded from coarse to fine and shall conform to the following grading requirements: Clas: Total Total Total Total >A retained retained retained retained on 1-1/4" sieve .........0% on 3/4" sieve .......25-65% on 3/8" sieve .......79-90% on #4 sieve ........95-100% Coarse aggregate from any one source shall not vary as to maximum size and shall be uniform to a reasonable degree in gradation with the representative sample submitted by the ' Contractor, with the further provision that an aggregate furnished from any one source having a variation in fineness modulus greater than 20 points either way from the fineness modulus of the ' representative sample submitted by the Contractor will not be accepted under the specification. ' TS -241-2 Copyright © 1998 Crafton, Tull & Associates, Inc. I I I I I I ' 241.3.1 I I C. Geotextile fabrics for liners shall be nonwoven fabrics meeting the following requirements as a minimum or maximum as applicable: weight, oz/sq.yd. thickness, mils. tensile strength, lbs. elongation, % Mullen Burst strength psi. coefficient of permeability, cm/sec. Test Procedure Value ASTM D 1910 4.1 min. ASTM D-1777 40 min. ASTM D-1682 115 min. ASTM D-1682 110 max. ASTM D-751 220 min. 0.10 min. Trenches shall be excavated to a width equal to the outside diameter of the pipe plus one foot, and to a depth of approximately 4 inches below the grade established for the flow line of the ground water, unless otherwise directed. IA minimum 3 -inch bedding layer of granular filter material shall be placed and compacted in the bottom of the trench for its full width and length. Pipe of the type selected by the Contractor and of the size specified shall be embedded firmly in the bedding material with perforations down and the pipe sections joined securely with the appropriate coupling fittings or bands, or joint filler. The upgrade end of pipe installations shall be closed with suitable plugs to prevent entry of soil materials. The downgrade end shall be connected to a drop inlet, junction box or other drainage structure to insure positive drainage. 1 After the pipe installation has been inspected and approved, granular backfill material shall be placed to a depth as shown on the plans or ' specified but in all cases the granular material shall be to a minimum height of twelve (12) inches above the top of the pipe. The top four (4) inches of backfill shall be topsoil. 241-4.1 BASIS OF PAYMENT: Pipe underdrain shall be paid for at the contract unit price per linear foot. I ' TS -241-3 copyright® 1998 Grafton, lull & Associates, Inc. I 241-5.1 TESTING AND MATERIAL REQUIREMENTS: ' Test and Short Title Material and Short Title ' None ASTM D 1788 ASTM D 2122 AASHTO M 36 ' AASHTO M 218 AASHTO T 96 Los Angeles Test ASTM D 1910 ASTMD1777 1777 ASTM D 1682 ' ASTM D 751 1 1 1 TS -241-4 Copyright 0 1998 Crafton, Tull & Associates, Inc. I I ITEM 250 TEMPORARY EROSION CONTROL I 250-1.1 DESCRIPTION: ' A. Based Straw Ditch Checks. This item consists of constructing small dams across swales, draws, or ditches to reduce the velocity of storm water runoff. Ditch checks shall be constructed at the locations shown on the plans or as directed by the Engineer. ' B. Silt Fence. This item consists of placing and securing a geotextile fabric to an existing support system or constructing a self-supporting geotextile fence where shown on the plans or as directed by the Engineer for the purposes of impeding the flow of water carrying silt toward existing streams and/or across adjacent property; redirecting the flow of silt -laden water to a sediment basin; and/or routing clean water through the 1 construction area. 250-2.1 MATERIALS: A. Straw for baled straw ditch checks shall consist of bales of rice, oats, barley, wheat, or rye straw, or of available grasses, free of an excessive amount of noxious weeds. Bales shall be a minimum of 750 mm (30") in length. Straw in an advanced state of decomposition will not be acceptable. B. Geotextile fabric for silt fence shall comply with the requirements as ' shown on the plans. Supports for the fabric shall be of any material of sufficient strength and durability to support the fabric when loaded with silt for the entire time the barrier is needed for service. ' 250-3.1 CONSTRUCTION REQUIREMENTS; A. General: The Contractor shall actively maintain the areas or items constructed under this subsection from the time of their completion until final stabilization of the area has been accomplished. Additional work and materials required because of loss from erosion or other causes beyond the Contractor's control will be paid for unless they were required due to Contractor's negligence, in which case the maintenance shall be at ' no cost to the Owner. I TS -250-1 ' Copyright © 1998 Crafton, Tull & Associates, Inc. I Temporary erosion control items and devices shall be removed, or may ' remain in place as directed by the Engineer, after final stabilization has been achieved. After items have been removed, the affected areas shall be graded to conform to the adjacent contours, unless otherwise directed by the Engineer. Following this removal and grading, permanent stabilization shall be established in these areas. ' Disposal, when required, shall be according to the requirements of Section 201. Salvageable materials will become the property of the Contractor. 1 B. Bales for baled straw ditch checks shall be installed so that the bindings are oriented around the sides of the bales and not along the tops and ' bottoms. The bales shall be keyed into the ground a minimum of 100 mm (4") and securely held in place by staking, wiring, and/or other methods that will prevent floating and/or displacement. No gaps shall be left between bales. The number of bales required and the specific arrangement of them will vary with the conditions at each site. Bales that become displaced shall be retrieved and re -installed, if suitable. Bales ' that become unserviceable in their original location shall be removed and replaced. C. Geotextile fabric for silt fence shall be attached to the supporting system in such manner that it will remain attached and fully supported for the entire time the barrier is needed for service. The fabric toe shall be buried to secure the base as shown on the plans. Splices shall be securely fastened. ' 250-4.1 BASIS OF PAYMENT: Erosion control devices shall be paid for at the contract lump sum price. I I I TS -250-2 Copyright© 1998 Crafton, Tull & Associates, Inc. I ' ITEM 260 MAINTENANCE OF TRAFFIC 260-1.1 DESCRIPTION: ' Unless otherwise provided, the road, while undergoing improvements, shall be kept open by the Contractor to all traffic. When so provided on the plans or approve by the Engineer, the Contractor may bypass traffic over an approved detour route. The driving surface of the detour shall include a minimum of one (1) inch of asphalt surface course per the I requirements of ITEM 1912 and ITEM 1913. The Contractor shall keep the portion of the project being used by public traffic, whether it is through or local traffic, in such condition that will permit the safe, continuous flow ' of two-way traffic at all times. When a part of the plans or when approved by the Engineer, areas where the nature of the work restricts or prohibits two-way flow, one-way operation may be maintained by using flaggers or timed signalization. The Contractor shall also provide and maintain in a safe condition temporary approaches or crossings and intersections with trails, roads, streets, businesses, parking lots, residences, garages, ' farms, etc. The Contractor shall bear all expense of maintaining traffic over the section of road undergoing improvement, and of construction and maintaining such approaches, crossings, intersections, and other features as may be necessary, without direct compensation, unless a pay item for this work is included in the Contract. ' The Contractor is not responsible for general snow and ice removal. Snow and ice removal will be performed by State, County, or City forces, consistent with its snow and ice removal procedures, for the entire length of the route within which the project is located. Work required other than the normal blading of snow and ice, salting, or application of grit, ' necessary to clear or make passable the main roadway, shall be accomplished by the Contractor. 260-2.1 BASIS OF PAYMENT: Maintenance of traffic shall be paid for at the contract lump sum price. I I ' TS -260-1 Copyright © 1998 Crafton, Tull & Associates, Inc. I I I I I I I ITEM 301 PORTLAND CEMENT CONCRETE 301-1.1 DESCRIPTION: This item shall consist of concrete in bridges, culverts, and miscellaneous structures, including the concrete portion of steel, timber, stone masonry, precast, prestressed, and composite structures, prepared and constructed in accordance with these Specifications and conforming to tines, grades, dimensions, and designs shown on the Plans. Concrete shall consist of approved portland cement, fine aggregate, coarse aggregate, water, and any approved chemical admixtures mixed in the proportions specified for the various classes of concrete. 301-2.1 MATERIALS: The materials used in concrete shall conform to the requirements specified below. No materials shall be used which contain foreign matter, frost, or lumps or crusts of hardened substances. A. Cement: Portland cement shall conform to the requirements of AASHTO M 85. Unless otherwise specified, Type I shall be furnished. Type II cement shall be used for Class B and B(AE) concrete. During the cool season of the year, the Engineer may approve the use of Type I cement in lieu of Type II cement for Class B and B(AE) concrete. Upon ' approval of the Engineer, Type III cement may be used in the manufacture of prestressed concrete products. Cement furnished in sacks shall weigh not less than 94 pounds net per sack. The use of cement salvaged from used or discarded sacks will not be allowed. The mixing or alternate use of different brands of cement will not be permitted. Cement placed in storage shall be suitably protected. Loss in ' quality occurring during the storage period will be cause for rejection. If the cement furnished produces erratic results under the field conditions incident to the placing of the concrete, or in regard to the strength of the finished product, or in the time of the initial or final set, the Contractor shall, without notice from the Engineer, cease the use of that brand of ' cement. TS -301-1 ' Copyright © 1998 Grafton, lull & Associates, Inc. I B. Fine Aggregate: The fine aggregate shall consist of clean, hard, durable particles of natural sand or other approved inert material with similar characteristics. When determined necessary by visual observation, the amount of deleterious substances will be tested by laboratory methods and will not exceed the following limits: Maximum Permissible Percent by Weight Coal & lignite (AASHTO T 113) 0.25 Clay lumps (AHTD Test Method 302) 0.5 Removed by decantation (AASHTO T 11) . 2 Soft and flaky particles 2 (AHTD Test Method 302) ' All fine aggregate shall be free from injurious amounts of organic impurities. ' Aggregates shall be subjected to testing in accordance with AASHTO T 21. Should AASHTO T 21 produce results which indicate that the sand ' may possibly contain injurious organic compounds, mortar strength test specimens shall be tested in accordance with AHTD Test Method 530. Fine aggregate shall be reasonably well graded from coarse to fine and shall conform to the following grading requirements when tested • in accordance with AASHTO T 27: Sieve Percent Passing ' 3/8" 100 #4 95-100 '• #8 70-95 #16 45-80 #30 20-60 • #50 5-30 • #100 0-5 • Fine aggregate from any one source shall be uniform to a reasonable degree in gradation with the representative sample with the further provision that aggregate supplied from any one source having a variation in fineness modulus greater than 20 points either way from the fineness modulus of the representative sample will not be TS -301-2 Copyright © 1998 Crafton, Tull & Associates, Inc. IJ I 1 I ET I C I I n [I Class A. A(AE) S. S(AE). and Seal Concrete: Sieve Percent Passing 1-1/4" 100 3/4" 35-75 3/8" 10-30 #4 0-5 Class B and B(AE) Concrete: Sieve Percent Passing 3" 100 1-1/4" 35-65 3/4" 15-40 #4 0-5 Coarse aggregate from any one source shall not vary as to maximum size and shall be uniform to a reasonable degree in gradation with the representative sample, with the further provision that aggregate furnished from any one source having a variation in fineness modulus greater than 20 points either way from the fineness modulus of the representative sample will not be accepted. When approved by the Engineer, the source of coarse aggregate may be changed in all work except bridge superstructures, but the mixing or alternate use of different sources of coarse aggregate will not be permitted. D. Water: Water used in mixing or curing shall be clean and free from injurious amounts of oil, salts, or other deleterious substances, and shall not contain more than 1,000 parts per million of chlorides. ' Water from municipal supplies approved by the State Health Department will not require testing but water from other sources shall be sampled and tested before use in concrete. ' Tests will be made in accordance with AASHTO T 26. ' Where the source of water is relatively shallow, it shall be maintained at such depth and the intake so enclosed as to exclude silt, mud, grass, or other foreign materials. I TS -301-4 Copyright © 1998 Crafton, Tull & Associates, Inc. I ' E. Admixtures: ' 1. General: Admixtures shall be used to improve certain characteristics of the concrete when specified on the Plans or may be used when requested by the Contractor and approval is given by the Engineer. The Contractor's request shall be supported with the Manufacturer's certified formulation of the proposed admixture and with sufficient evidence that the proposed admixture has given satisfactory results on other similar work. Permission to use the admixture may be withdrawn at any time by the Engineer when satisfactory results are not being obtained. Admixtures shall be approved by the Engineer. Admixtures shall ' be compatible with each other, as advised by the Manufacturer. The admixture dosage rate range as recommended by the Manufacturer shall be used. Should the dosage rate for any admixture not yield desirable characteristics in the concrete, the dosage of admixture used shall be based on test results obtained by trial batches. Admixtures shall be added to the mixing water by means of a ' mechanical dispenser which will accurately meter the additive throughout the mix water cycle. The dispenser shall be constructed and connected so that the Inspector can make ready determination of the amount of admixture entering the mixing ' water. ' 2. Air Entraining Agent: Air -entraining agent, when specified or approved, shall comply with the requirements of AASHTO M 154. The Contractor shall submit evidence based on tests made in a ' recognized laboratory to show that the air -entraining admixture conforms to the requirements of AASHTO M 154 for 7 and 28 day compressive strengths and resistance to freezing and thawing, except as provided in the following paragraph. Tests for bleeding, bond strength, and volume change will not be required. A recognized laboratory is any State highway, FHWA, or cement concrete laboratory regularly inspected by the Cement and Concrete Reference Laboratory of the National Bureau of Standards. Tests may be made upon samples taken from a ' quantity submitted by the Contractor for use on the project or upon samples submitted and certified by the Manufacturer as representative of the admixture to be supplied. TS -301-5 Copyright © 1998 Crafton, Tull & Associates, Inc. I An exception to the requirements in the preceding paragraph is the I. case of admixtures which are manufactured by neutralizing Vinsol resin with caustic soda (sodium hydroxide). When the Contractor proposes to use such an admixture he shall submit a certification ' concerning the admixture in the following form: "This is to certify that the product (trade name) as manufactured and sold by the (company) is an aqueous solution of Vinsol resin that has been neutralized with sodium hydroxide. The ratio of sodium hydroxide to Vinsol ' resin is one part of sodium hydroxide to (number) parts of Vinsol resin. The percentage of solids based on the residue dried at 105°C is (number). No other additive or chemical agent is present in this solution." When the Contractor proposes to use an air -entraining admixture ' which has been previously approved, he shall submit a certification stating that the admixture is the same as that previously approved. If an admixture offered for use is essentially the same (with only ' minor differences in concentration) as another previously approved material, a certification will be required stating that the product is essentially the same as the approved admixture and that no other 'admixture or chemical agent is present. 3. Retarding Agent: In order to permit the retarding of the set and extend the finishing time of concrete, a retarding agent shall be used when specified on the Plans or may be used when permission for its use is requested by the Contractor and such permission is given by the Engineer. The retarding agent shall be a Type B or Type D admixture as defined in AASHTO M 194. The Contractor ' shall support his request with a Manufacturer's certified formulation of the proposed agent and with sufficient evidence that the proposed agent has given satisfactory results on other similar ' work. Permission to use the agent may be withdrawn at any time by the Engineer when satisfactory results are not being obtained. ' The agent shall be free of chlorides. When air -entrained concrete is specified, the air -entraining agent and the retarding agent shall be so incorporated that the air content of the concrete shall fall within the percentage range stipulated in the specifications. When air -entrained concrete is not specified, the concrete to which the retarding agent has been added shall have an air content not ' greater than 3 percent. 1, TS -301-6 ' Copyright © 1998 Crafton, Tull & Associates, Inc. I No compensation will be made for furnishing and incorporating the agent in the mix. No additional compensation will be made for furnishing, placing, finishing, and curing the concrete involved. 4. Other Admixtures: The use of other admixtures will be considered by the Engineer on a case basis upon written request from the Contractor. If approved, the admixture used shall be furnished at no additional cost to the State. F. Fly Ash: Fly ash used in concrete shall meet the requirements of ASTM C 618, Class C or F. Mixing of Class C and Class F fly ashes will not be permitted. The use of fly ash will not be permitted unless upon written approval of the Engineer. 301-2.2 HANDLING AND STORAGE OF MATERIALS: The handling and storage of concrete aggregates shall be such as to prevent segregation and contamination with foreign materials. Coarse and fine aggregates shall be separated by bulkheads or stored in separate stockpiles sufficiently removed from each other to prevent the ' material at the edges of the piles from becoming intermixed. Coarse aggregate stockpiles not confined by bulkheads or bins shall be built up in layers not to exceed 4' in height and each layer shall be completely in ' place before beginning the next. Coning or building up of stockpiles by depositing material in one place will not be permitted. In order to control the gradation of the large aggregate for Class B and B(AE) concrete, it ' may be necessary that the Contractor stockpile the aggregate in two or more gradation ranges, blending by weight as required to obtain the specified gradation. ' There shall be adequate aggregate stockpiled to allow representative sampling sufficiently in advance of any placement to determine its acceptability, with the minimum amount being that required to adequately complete the planned placement. ' Cement shall be stored in suitable weather-proof buildings or silos which will protect the cement from dampness. Provision for storage shall be ample and the shipments of cement as received shall be separately stored in such a manner as to provide easy access for the identification and inspection of each shipment. Stored cement shall meet the test requirements at any time after storage when a re -test is ordered by the ' Engineer. 1 TS -301-7 ' Copyright © 1998 Craflon, Tull & Associates, Inc. I On small jobs, storage in the open may be permitted by written ' authorization from the Engineer, in which case a raised platform and ample waterproof covering shall be provided. 301-2.3 CLASSES OF CONCRETE: Seven classes of concrete are provided for in these specifications, 4 ' classes of non air -entrained concrete and 3 classes of air -entranced concrete. The appropriate class of concrete shall be used in the part of the structure as specified or where designed by the Engineer, the classes are as follows: Non Air -Entrained Concrete Air -Entrained Concrete Class A Class A(AE) Class B Class B(AE) ' Class S Class S(AE) Seal ' The following requirements shall govern unless otherwise shown on the Plans: Class A or A(AE) concrete shall be used in wingwalls and miscellaneous construction. ' Class B or B(AE) concrete shall be used in mass concrete. Class S or S(AE) concrete shall be used in retaining walls, box culverts, footings, piers, bents, columns, abutments, and super -structures, including girders and beams, floor slabs, and concrete railings. ' Seal concrete shall be used for concrete deposited under water. 301-2.4 CLASSIFICATION AND PROPORTIONING: A. Mix Design: 1. The concrete mixture shall be proportioned to insure a workable and durable concrete for the various classes, as specified in Table ' 301-1. For all classes of concrete except B and B(AE), the concrete ' materials shall be proportioned as determined by the Engineer I TS -301-8 copyright© 1998 Grafton, Tull & Associates, Inc. I using the Absolute Volumes method in accordance with the ' requirements for the Class specified. The Engineer will not perform any pre -bid testing of materials. It ' will be the Contractor's responsibility to locate acceptable materials sources unless the sources are so noted in the Plans or Special Provisions. ' The Contractor will not perform any pre -bid testing of materials. It will be the Contractor's responsibility to locate acceptable materials ' sources unless the sources are so noted in the Plans or Special Provisions. The Contractor shall make available to the engineer all aggregates, cement, and additives which he proposes to use in the mix sufficiently in advance of the first pour to allow for review of the Concrete Mix Design. The Contractor and/or his concrete supplier will establish a mix design which will be suitable for each class of concrete, except B and B(AE), to be supplied for the Project. The mix design for each class of concrete shall be approved by the Engineer and will 'remain in effect unless modified in writing by the Engineer. I I I I I I I TS -301-9 ' Copyright © 1998 Crafton, lull & Associates, Inc. TABLE 301-1 CLASS OF CONCRETE CHARACTERISTIC A A(AE) B B(AE) S S(AE) Seal Minimum 2100 2100 3000 ww 3000 3500 �e 4000 2100 Compressive Strength (psi at 28 days) Minimum Cement 5.5 5.5 6.5 6.5 6.0 Factor (bags per cu. yd) Maximum Net 6.5 6.5 5.5 5.5 6.5 Water Content Per Bag (94 Ib) of Cement (Gallons) Slump Range 1-4 1-4 1-4 1-4 1-4 1-4 4-8 (Inches) Air Content -- 5±2 -- 5±2 -- 5±2 -- Range (%) As determined by trial batch. Maximum water -cement ratio is 0.49. In addition, Class B and B(ae) shall obtain 3500 psi compressive strength in the trial batch at 90 days. Class S or S(AE) concrete for use in prestressed concrete members shall have a minimum compressive strength of 5000 psi (28 days) or as shown on the Plans. The maximum size of coarse aggregate shall be 1 inch. TS -301-10 Copyright© 1998 Grafton, Tull & Associates, Inc. L 2. Class B and B(AE): The Contractor shall develop a trial batch for ' Class B or B(AE) concrete. The mix design shall produce a workable and durable concrete with the strength requirements specified in Table 301-1 and shall have a low heat of hydration ' when placed in large quantities. the materials shall be proportioned and test specimens submitted to the Engineer for testing and approval. Several mixes may be submitted, and the ' mix to be used on the job chosen from the results. Approved admixtures must be included in the trial batch. Fly ash, if approved in writing by the Engineer, conforming to ASTM C 618 may be ' substituted for a part of the type II Cement not to exceed 120 pounds per cubic yard, and shall be included in the calculation of the water -cement ratio. Ninety -day test specimens will be required ' for the trial batch. For construction purposes, the sampling and testing will comply with standard procedures for sampling and testing. ' B. Trial Batches: Mix designs proposed by the Engineer or the Contractor for all Class S(AE) concrete shall be tested by trial batches using the ' specific materials, including admixtures that are intended for use on the job. The Contractor shall prepare a batch of at least 2 cubic yards. This batch shall be sampled and tested by the Engineer for compliance with the specifications for slump, air content, and compressive strength. A mix design may be approved with respect to compressive strength when at least two test cylinders show the minimum required strength value at any age between 7 days and 28 days, inclusive. ' In lieu of the above procedure, the Contractor may prepare trial batches in a laboratory in accordance with AASHTO T 126. These trial batches shall be accomplished by the Contractor under the observation of the ' Engineer. Sampling and testing will be conducted by the Engineer. With the approval of the Engineer, the Contractor may retain an ' independent laboratory or a Registered Professional Engineer to prepare and test trial batches. In this case, trial batch information and laboratory results shall be furnished to the Engineer along with a statement certifying that the testing was performed in accordance with the Specifications. All trial batches required by these Specifications or developed at the ' option of the Contractor shall be accomplished by the Contractor and shall be subject to the review and approval of the Engineer. C. Compressive strengths for all classes of concrete will be determined from test cylinders made in accordance with AASHTO T 23. If the strength TS -301-11 ' Copyright © 1998 Crafton, Tull & Associates, Inc. I required for the class of concrete being produced is not obtained with the minimum cement content specified, additional cement shall be used at no ' extra cost to the Owner. ' When air -entrained concrete is specified, the air -entrainment shall be accomplished by adding to the mixing water the proper amount of air -entraining agent in solution. The Contractor shall determine the amount of admixture required to produce an air content within the range specified. The amount of air entraining agent shall be adjusted by the Contractor during production as necessary to keep the air content within the range specified. D. Fly Ash: Fly ash may be used, if approved in writing by the Engineer, as t a partial replacement not exceeding 25 percent by weight for the cement in all classes of concrete except Class B or B(AE) concrete. Class B or B(AE) concrete shall meet the requirements specified in 401-2.4(B) ' above. Mixtures with fly ash shall meet the same requirements as mixtures without fly ash. Fly ash will not be allowed as a substitute for high early strength or blended cements. Class F fly ash shall not be used ' in bridge deck concrete placed between October 15 and April 1. When fly ash is used, the total weight of both cement and fly ash will be used in ' design calculations. When the Contractor elects to use fly ash as a partial replacement for the ' cement in Class S or Class S(AE) concrete, the proposed mix design shall be tested by the preparation and testing of trial batches in accordance with 301-2.4(B) above. Trial batches will not be required for ' Class A or Class A(AE) concrete. 301-2.5 SAMPLING AND TESTING: ' During the progress of work, concrete test specimens will be made by an approved testing laboratory. ' Slump will be determined using AASHTO T 119. Air content will be determined using AASHTO T 152. Compressive strength specimens will be made in accordance with AASHTO T 23 and tested in accordance with AASHTO T 22. Specimens for determining when forms may be removed, when a structure may be put in service, or when concrete piling may be driven will ' be cured, as early as practicable, in the same manner as the concrete in the structure and in accordance with AASHTO T 23. TS -301-12 ' Copyright © 1998 Grafton, Tull & Associates, Inc. L 301-2.6 MEASUREMENT OF MATERIALS: Materials will be measured by weighing, except as otherwise specified or where other methods are specifically authorized by the Engineer. ' Aggregates shall be measured separately and accurately by weight. Measuring devices shall be operated in a manner which will consistently weigh the cement within ±1 % and the individual aggregates within ±2% of the required weight. Measuring devices shall be so designed and plainly marked that the weights can be accurately and conveniently verified for the quantities of each component actually being used. ICement in standard packages (sack) need not be weighed, but bulk cement shall be weighed. The mixing water shall be measured by weight or by volume. The water measuring device shall be accurate to within '1 %. ' Scales shall be satisfactory to the Engineer and shall be inspected, adjusted, and certified. IWhere volumetric measurements are authorized by the Engineer for the projects where the amount of concrete is small, the weight proportions ' shall be converted to equivalent volumetric proportions. In such cases, suitable allowance shall be made for variations in the moisture condition ' of the aggregate, including the bulk effect in the fine aggregate. When the aggregates contain more water than the quantity necessary to produce a saturated surface -dry condition, representative samples shall be taken and the moisture content determined for each kind of aggregate. 301-2.7 MIXING CONCRETE: Concrete shall be thoroughly mixed in a mixer of an approved size and ' type which will insure a uniform distribution of the materials throughout the mass. ' The concrete shall be mixed only in the quantity required for immediate use. Concrete that has developed an initial set shall not be used. Re -tempering concrete will not be permitted. ' Concrete may be proportioned and mixed in a stationary central plant and hauled to the point of delivery in agitator trucks of approved type or in non -agitating equipment, when approved by the Engineer; proportioned in a stationary central plant and mixed in approved transit mix trucks enroute TS -301-13 ' Copyright © 1998 Grafton, Tull & Associates, Inc. L r I Li I I I I I I I I to the point of delivery; or mixed completely in transit mix trucks at the point of delivery, following the addition of mixing water. The Engineer shall be furnished the Manufacturer's rated capacity of each mixer and agitator, along with the recommended speed of rotation for the various uses of each mixer. Truck mixers and agitators shall be equipped with means by which the number of revolutions of the drum, blades, or paddles may be readily verified. Mixers and agitators shall not be charged in excess of the Manufacturer's rated capacity. Concrete shall be delivered and discharged from the truck mixer or agitator into the forms within 1-1 /2 hours after the introduction of the mixing water to the cement. In hot weather, or under other conditions contributing to quick setting the cement, the maximum allowable time may be reduced by the Engineer. Each batch shall be accompanied by a time slip issued at the batch plant. Plants and transit mix trucks shall be equipped with adequate water storage and a device for accurately measuring and controlling the amount of water used in each batch. When a stationary mixer is used, a mechanical means shall be provided for automatically preventing the discharge of the mixer until the materials have been mixed for a period of not less than one minute. Truck mixers shall be capable of combining the ingredients of the concrete into a thoroughly mixed and uniform mass, and of discharging the concrete within the specified range of consistency. The concrete shall be mixed not less than 70 nor more than 100 revolutions of the drum or blades at the rate of rotation specified by the Manufacturer as the mixing speed. The pick-up and throw -over blades in the drum of all mixers shall be maintained in satisfactory condition to assure thoroughly mixed concrete. I Agitators shall be capable of maintaining the concrete in a thoroughly mixed and uniform mass of discharging the concrete within the specified range of consistency. When approved in writing by the Engineer, concrete may be transported in approved non -agitating equipment. Bodies of this equipment shall be ' smooth, watertight, metal containers equipped with gates that will permit control of the discharge of the concrete. Covers shall be provided for protection against the weather. The concrete shall be delivered in a thoroughly mixed and uniform mass and discharged within the specified TS -301-14 Copyright © 1998 Crafton, Tull & Associates, Inc. H range of consistency. Placement in forms shall be completed within 30 minutes after introduction of the mixing water to the cement. Concrete shall be mixed according to the Mixer Manufacturer's ' Specifications in order to obtain an acceptable mass of concrete. During the period of mixing, the mixer shall operate at the Manufacturer's recommended mixing speed. Additional mixing, if any, shall be at the ' speed designated by the Manufacturer of the equipment as agitating speed. If additional mixing water is required to maintain the specified slump, and is added with the permission of the Engineer, approximately 20 revolutions of the mixer drum at mixing speed shall be required before discharge of any concrete. The entire contents of the mixer, including wash water, shall be removed ' from the drum before the addition of materials for a succeeding batch. There shall be sufficient capacity and transporting equipment to insure ' continuous concrete delivery at the rate required. If the concrete furnished produces erratic results relative to consistency, strength, or time of initial or final set, the Contractor shall cease the use of that concrete until corrections are made to insure work of the specified quality. 301-2.8 HANDLING AND PLACING CONCRETE: ' A. General: The Contractor shall provide sufficient supervision, manpower, equipment, tools, and materials to assure proper ' production, delivery, placement, and finishing of the concrete for each placement in accordance with the minimum placement rates as specified herein. ' Placement Sizes Minimum Placement Rate Cubic Yards Cubic Yards Per Hour ' 0-25 15 25-50 20 50-75 25 Over 75 30 The interval between batches of concrete shall not exceed 20 minutes. TS -301-15 ' Copyright © 1998 Grafton, Tull & Associates, Inc. I If the Contractor fails to meet the minimum placement rate, the Engineer may reject the work. Further placements of a similar 'nature and size will not be permitted until corrective measures have been taken to assure the Engineer that the minimum ' placement rate will be met. In preparation for the placing of concrete, construction debris and ' extraneous matter shall be removed from the interior of forms. Struts, stays, and braces, serving temporarily to hold the forms in correct shape and alignment pending the placing of concrete, shall be removed when the concrete placement has reached an elevation rendering their service unnecessary. Ii. Conveying: Concrete shall be placed to avoid segregation of the materials and the displacement of the reinforcement. The use of long troughs, chutes, and pipes for conveying ' the concrete to the forms will be permitted only when authorized by the Engineer. In case of inferior quality of concrete is produced by the use of such conveyors, the Contractor shall, without notice from the Engineer, cease the use of that conveyor until such corrections in procedure are ' made to insure work of the quality specified. Open troughs and chutes shall be of metal or metal lined. ' Where steep slopes are required, the chutes shall be equipped with baffles or be in short lengths that reverse the direction of movement. Aluminum chutes, troughs, and ' pipes shall not be used for depositing concrete. Chutes, troughs, and pipes shall be kept clean and free from ' coatings of hardened concrete by thoroughly flushing with water after each run. Water used for flushing shall be discharged clear of the structure. ' When placing operations involve dropping the concrete more than 5', it shall be deposited through approved pipes. Walls of 10" thickness or less may be placed without the use of pipes, provided the concrete can be placed without segregation. 2. Placing: Concrete shall be placed in horizontal layers not more than 18" thick except as hereinafter provided. When ' less than a complete layer is placed, it shall be terminated in a vertical bulkhead. Each layer shall be placed and 1 TS -301-16 I. Copyright © 1998 Grafton, lull & Associates, Inc. I consolidated before the preceding batch has taken initial set Ito prevent injury to the green concrete and avoid surfaces of separation between the batches. Each layer shall be consolidated so as to avoid the formation of a construction ' joint with a preceding layer which has not taken initial set. Concrete in footings shall be placed in the dry unless ' natural conditions prohibit. In that case, concrete shall be placed in accordance with a dewatered enclosure. Pumping from the interior of any foundation enclosure shall be ' performed in such a manner as to prevent the movement of water through the fresh concrete. No pumping will be permitted during the placing of concrete unless it is ' performed from a suitable sump separated from the concrete work. The pumping shall continue until the placement of the concrete is complete. ' In order to separate water from the concrete, it will be permissible to utilize polyethylene sheeting or tarpaulins to maintain a physical barrier between the water and the concrete. ' When the placing of concrete is temporarily discontinued, the concrete, after becoming firm enough to retain its form, shall be cleaned of laitance and other objectionable material to a sufficient depth to expose sound concrete. To avoid visible joints as far as possible upon exposed faces, the top ' surface of the concrete adjacent to the forms shall be smoothed with a trowel. Where a "feather edge" might be produced at a construction joint, an inset form shall be used Ito produce an edge thickness of not less than 6 inches. Immediately following the discontinuance of placing ' concrete, accumulations of mortar splashed upon the reinforcing steel and the surfaces of forms should be removed. Dried mortar chips and dust shall not be puddled ' into the concrete. If the accumulations are not removed prior to the concrete becoming set, care shall be exercised not to damage or break the concrete -steel bond at or near ' the surface of the concrete while cleaning reinforcing steel. After initial set of the concrete, the forms shall not be jarred ' and no strain shall be placed on the ends of projecting reinforcing bars. H TS -301-17 ' Copyright© 1998 Crafton, Tull & Associates, Inc. L 3. Consolidating: All concrete, except seal concrete, during and immediately after depositing shall be thoroughly consolidated. This shall be accomplished by mechanical vibration subject to the following provisions: a. The vibration shall be internal unless special authorization of other methods is given by the Engineer. b. Vibrators shall be of a type and design approved by ' the Engineer. They shall be capable of transmitting vibration to the concrete at rated frequencies of not less than 4500 impulses per minute. ' c. The intensity of vibration shall be such as to visibly affect a mass of concrete over a radius of at least 18 inches. d. The Contractor shall provide a sufficient number of 'vibrators to properly compact each batch immediately after it is placed in the forms and shall have in reserve at all time sufficient vibratory equipment to guard against shutdown of the work because of the failure of equipment in operation. e. Vibrators shall be manipulated to thoroughly work the concrete around the reinforcement and embedded ' fixtures and into the corners and angles of the forms. Vibration shall be applied at the point of deposit and ' in the area of freshly deposited concrete. The vibrators shall be inserted and withdrawn out of the concrete slowly. The vibration shall be of sufficient ' duration and intensity to thoroughly consolidate the concrete, but shall not be continued so as to cause segregation. Vibration shall not be continued at any ' one point to the extent that localized areas of grout are formed. ' Application of vibrators shall be at points uniformly spaced and not farther apart than twice the radius over which the vibration is visibly effective. 1 TS -301-18 ' Copyright © 1998 Grafton, Tull & Associates, Inc. L f. Vibration shall not be applied directly or through the ' reinforcement to sections or layers of concrete which have hardened to the degree that the concrete ceases to be plastic under vibration. It shall not be t used to make concrete flow in the forms over distances so great as to cause segregation, and vibrators shall not be used to transport concrete in ' the forms. When epoxy coated reinforcing steel is used. The Contractor shall exercise caution when placing and vibrating concrete to prevent any damage to epoxy coated bars. In order to prevent the vibrator from damaging the coated bars, the head shall be covered with a sheet of rubber or a similar material as approved by the Engineer. g. Vibration shall be supplemented by such spading as 1 is necessary to insure smooth surfaces and dense concrete along form surfaces and in corners and ' locations impossible to reach with the vibrators. h. These provisions shall apply to precast products except that, if approved by the Engineer, the Manufacturer's methods of vibration may be used. ' B. Box Culverts: Concrete in walls and top slabs shall not be placed less than 24 hours after the concrete in previous placements has set. ' Provision shall be made for bonding the walls to the bottom slab or footing and the top slab to the walls by means of roughened longitudinal keys. Before concrete is placed in the walls or top slabs, the bottom slab, footing, or walls shall be thoroughly cleaned of extraneous material and the surface bond prepared in ' accordance with Subsection 301-2.11. No horizontal construction joints will be allowed in any wall of a box culvert unless provided on the Plans or approved by the Engineer. However, in the ' construction of box culverts 6' or less in height, the walls and top slab may be constructed as a monolith. IC. Bridge Substructures: Concrete in columns shall not be placed less than 24 hours after the concrete in footings has set and shall be placed in one continuous operation, unless otherwise directed. ' The concrete shall be allowed to set at least 24 hours before the caps are placed. When friction collars or column dowels are used TS -301-19 Copyright © 1998 Grafton, Tull & Associates, Inc. I to support cap forms, the concrete for the columns shall have a minimum compressive strength of 3500 psi before the concrete is placed for the cap. ' Unless otherwise permitted by the Engineer, no concrete shall be placed in the superstructure until the column forms have been stripped sufficiently to determine the character of the concrete in ' the columns With proper handling to avoid damage to the concrete, and at the ' option of the Contractor, structural steel may be erected 48 hours after completion of the caps. Depositing of concrete in the deck that will be place dead load on the cap will not be permitted until ' the cap has been in place at least 7 days and has the minimum specified compressive strength. ' D. Bridge Superstructures: For concrete in bridge deck slabs, when a longitudinal concrete strike -off is used, the rate of placement and consolidation shall be adequate to assure that no concrete will take its initial set before the entire placement is complete. Sufficient concrete shall be placed ahead of the strike -off to fully load the ' beam or girder prior to strike -off. When a transverse concrete strike -off is used, the rate of placement and consolidation shall be adequate to assure that no concrete will take its initial set closer than 100' behind the strike -off. This may require the use of a retarding agent. ' Concrete shall be deposited in a manner which will insure uniform loading of the span. For continuous spans, the concrete placing sequence shall be shown in the Plans. Concrete in slab spans shall be placed in one continuous operation for each span unless otherwise provided. ' Concrete in girders shall be deposited uniformly for the full length of the girder and brought up evenly in horizontal layers. Concrete in girder haunches less than 3' in height shall be placed at the ' same time as that in the girder stem, and the columns or abutment tops shall be cut back to form seats for the haunches. Whenever any haunch of fillet has a vertical height of 3' or more, the abutment or columns, the haunch, and the girder shall be placed in three successive stages; first, up to the lower side of the haunch; second, to the lower side of the girder; and third, to completion. 1 TS -301-20 ' Copyright © 1998 Grafton, Tull & Associates, Inc. El For haunched continuous girders, the girder stem (including ' haunch) shall be placed to the top of stem. Where the size of the member is such that it cannot be made in one placement, vertical construction joints shall preferably be located within the area of ' contraflexure. Concrete T -beam or deck girder spans may be placed in one continuous operation. Concrete in parapet or barrier walls, curbs, and sidewalls which are not placed monolithically with the deck slab shall not be placed less than 72 hours after the concrete in the deck slab has set. ' E. Concrete Placement Intervals: Use of the minimum time intervals and compressive strengths provided above relative to expediting of subsequent concrete placements shall in no way relieve the Contractor of the responsibility for attaining the minimum compressive strengths for the class of concrete specified. 301-2.9 PUMPING: ' Concrete may be placed by pumping. The equipment for pumping shall be arranged and operated so that no vibrations result which might damage freshly placed concrete. The Contractor will be permitted to furnish coarse aggregate for concrete which is to be pumped in a size smaller than that specified for the appropriate class in Subsection 301-2.4 provided that a suitable mix can be produced which will conform to the requirements for the class specified. ' Where concrete is conveyed and placed by mechanically applied pressure, the equipment shall be adequate in capacity for the work. The operation of the pump shall be such that a continuous stream of concrete without air pockets is produced. When pumping is completed, the concrete remaining in the pipe, if it is to be used, shall be ejected in such 1 a manner that there will be no contamination of the concrete or separation of the ingredients. Concrete for slump and air content requirements shall be obtained at the discharge end of the pipe. ' The use of aluminum pipe as a conveyance for the concrete will not be permitted. TS -301-21 Copyright © 1998 Crafton, Tull & Associates, Inc. I ' 301-2.10 DEPOSITING CONCRETE UNDER WATER: Concrete shall not be deposited in water except where shown on the Plans or with the approval of the Engineer. Concrete deposited in water shall be Seal Concrete. The supply of concrete shall be maintained at the rate necessary to raise ' the elevation over the entire seal by a minimum of 1' per hour or an approved retarder shall be used as necessary for lesser placement rates. ' For parts of structures under water, seal concrete shall be placed continuously from start to finish. The surface of the concrete shall be kept as nearly horizontal as practicable. The Contractor shall provide ' equipment and personnel to sound the top of the seal in the presence of the Inspector in order to verify the location of the seal at all times. Previously placed seal concrete shall not have taken its initial set prior to 'the placement of adjacent concrete. Concrete shall be carefully placed by means of a tremie or other approved method. Still water shall be maintained at the point of deposit. Concrete shall be deposited in such a manner that the planned horizontal concrete flow shall be no more than 15 feet. This shall be accomplished ' by locating the points of deposit in such a manner as to provide for a maximum flow distance of 15 feet. A tremie shall consist of a tube having a diameter of not less than 10, constructed in sections having flanged couplings fitted with gaskets and Ian approved foot valve. The tremie shall be supported so as to permit rapid lowering when necessary to retard or stop the flow of concrete. The discharge end shall be closed at the start of the work so as to prevent I. water entering the tube and shall be entirely sealed. The tremie tube shall be kept sufficiently full to prevent the loss of the concrete seal. When a batch is dumped into the tube, the flow of concrete shall be ' induced by slightly raising the discharge end, always keeping it in the deposited concrete. If at any time the seal is lost, the tremie shall be raised, the discharge end closed for a new start and then lowered into ' position with the discharge end in the previously deposited concrete. Aluminum tremies will not be permitted. ' De -watering may proceed when the seal concrete has been allowed to cure for a minimum of 72 hours at a water temperature above 45 degrees F. All laitance or other unsatisfactory materials shall be removed from the 'exposed surfaces which are to support other structural loads. TS -301-22 ' Copyright © 1998 Crafton, Tull & Associates, Inc. I Prior to the placement, the Contractor shall advise the Engineer of his methods for complying with these requirements. 301-2.11 CONSTRUCTION JOINTS: A. General: Construction joints shall be made only where located on Plans or shown in the Placement Schedule, unless otherwise approved by the Engineer. ' Before depositing new concrete on or against concrete which has hardened, the forms shall be re -tightened. The placing of concrete shall be carried continuously from joint to joint. The face edges of all joints which are exposed to view shall be carefully 'finished true to line and elevation. If not detailed on the Plans, or in the case ofemergency, construction joints shall be placed as directed by the Engineer. Shear keys or inclined reinforcement shall be used where necessary to transmit shear or bond the two sections together. Where shear keys or inclined reinforcement is not provided, the concrete shall be roughened as directed. B. Bonding: The surface of the hardened concrete shall be roughened in a manner that will not leave loosened particles of aggregates or damaged concrete at the surface. It shall be thoroughly cleaned of foreign matter and laitance, and saturated with water. 301-2.12 FALSEWORK: Details for each unit of falsework construction for bridge span and overhang support systems, complete with dimensions, design ' calculations, and kind and condition of materials, shall be submitted to the Engineer prior to construction for informational and record purposes. These details shall be prepared and/or approved by a Registered Professional Engineer. Construction of the falsework shall be in accordance with the details submitted to the Engineer for informational purposes. The Contractor shall be responsible for the results obtained by 'the use of the falsework design. ' For designing falsework, a weight of 150 pounds per cubic foot shall be assumed for green concrete. All falsework shall be designed and constructed to provide the necessary rigidity and to support the loads ' without appreciable settlement or deformation. Falsework shall be set to give the finished structure the camber specified. I TS -301-23 I copyright© 1998 Crafton, Tull & Associates, Inc. I Falsework which cannot be founded on a satisfactory footing shall be supported on piling which shall be spaced, driven, and removed as specified in the Contractor's falsework details. 301-2.13 FORMS: ' A. Standard Forms: Forms shall be mortar -tight and of sufficient rigidity to prevent distortion due to the pressure of the concrete and other loads ' incident to the construction operations. Forms shall be constructed and maintained so as to prevent warping and the opening of joints due to shrinkage of the lumber. The forms shall be substantial and unyielding and shall be so designed ' that the finished concrete will conform to the proper dimensions and contours. The design of the forms shall take into account the effect of vibration of concrete as it is placed. ' Forms for exposed surfaces shall be made of dressed lumber or plywood of uniform thickness, steel, or other approved materials which will provide ' a smooth surface, and shall be mortar -tight. Forms shall have a 3/4" fillet at all sharp corners unless otherwise directed. In the case of projections, such as girders and copings, forms shall be given a bevel or draft to ' insure easy removal. Metal snap -ties within the forms shall be so constructed as to permit their removal to a depth of at least 1" from the face of the concrete. Fittings for metal snap -ties shall be of such design that, upon removal, the cavities which are left will be of the smallest possible size. ' Metal inserts or anchorages within the forms shall be so constructed as to permit their removal to a depth of at least 1" from the face of the concrete ' or be covered by being embedded a minimum of 1" in the concrete. In case ordinary wire ties are permitted, all wires, upon removal of the forms, shall be cut back at least 1/4" from the face of the concrete. All cavities shall be filled with cement mortar and the surface left sound, ' smooth, even, and uniform in color. Forms shall be set and maintained true to the line designated until the ' concrete is sufficiently hardened. Before depositing new concrete on or against concrete which has hardened, the forms shall be re -tightened. Forms shall remain in place for the periods specified in Subsection 301-2.14. When forms appear to be unsatisfactory in any way, either Ti TS -301-24 ' Copyright © 1998 Grafton, Tull & Associates, Inc. I before or during the placing of concrete, the Engineer shall order the work stopped until the defects have been corrected. The shape, strength, rigidity, watertightness, and surface smoothness of re -used forms shall be maintained at all times. Any warped or bulged lumber must be re -sized before being re -used. For narrow walls and columns, where the bottom of the module is ' inaccessible, the lower portions of the forms shall be so constructed to facilitate cleaning out of extraneous material immediately before placing the concrete. Forms shall be cleaned before being set to line and grade and shall be oiled prior to placing reinforcing steel in the vicinity of the forms. Materials or methods used in oiling the forms shall not result in the discoloration of the concrete. In lieu of the conventional stationary forms, concrete parapet rail may be constructed by using an extrusion machine or other equipment specifically designed for constructing cast -in -place concrete parapet rail, provided the finished barrier is true to line and grade and the concrete is properly consolidated. B. Permanent Steel Deck Forms: An approved type of galvanized steel form, complying with the requirements shown on the Plans and these ' Specifications, may be used as an alternate to conventional removable forms for forming the bridge deck between the exterior beams or girders. These forms shall be designed to provide not less than the minimum concrete cover shown on the Plans for all reinforcing bars in the bottom of the slabs. The effective design depth of slab shall be maintained over the entire area of the deck. Provision shall be made to provide encasement of top flanges of beams or girders in compression except where shear connectors are provided. Detailed plans of proposed permanent steel deck forms shall be submitted to and approved by the Engineer before work of forming the bridge deck is started. The approval of the Contractor's Plans shall not be considered as relieving the Contractor of any responsibility for the results obtained by the use of these approved Plans. Construction shall ' be in accordance with the approved Plans. All material and elements of the permanent steel deck form units shall be fabricated from steel conforming to ASTM A 446 (Grades A through E) having a coating class of G 165 according to ASTM A 525. Thickness TS -301-25 ' Copyright © 1998 Grafton, lull & Associates, Inc. I and grade of form sheets and form supports shall be designated on the Shop Drawings. In no case shall thickness be less than 22 gauge for sheets and 16 gauge for form supports. Permanent steel forms shall be designed on the basis of the dead load of the form, reinforcement, and the plastic concrete plus 50 psf for construction loads. Unit working stresses shall be in accordance with the standard specifications for construction loads and the unit stress in the steel sheet shall be not more than 0.725 of the specified minimum yield strength of the material furnished but not to exceed 36,000 psi. Maximum deflection shall be calculated using the weight of plastic concrete, reinforcement, and forms, or 120 psf, whichever is greater. Maximum deflection shall not exceed 1/180 of the form span or 1/2" whichever is less. The form span for design and deflection shall be the clear distance ' between supports plus 2", but not less than the clear distance between the flanges of the supporting beams less 4" measured parallel to the form ' flutes. Physical design properties shall be computed in accordance with ' requirements of the latest edition of AISI Specifications for the Design of Cold -Formed Steel Structural Members. ' All reinforcement shall have a minimum concrete cover of 1 inch. Bars in the bottom layer of the main reinforcement shall be approximately centered over the valleys of the forms when necessary to achieve the ' minimum 1" concrete cover. The distance from the top of the slab to the bottom layer of main slab reinforcement shall be not less than that shown on the Plans. ' Permanent steel forms should not be used in panels where longitudinal slab construction joints are located between stringers. ' All forms shall be installed in accordance with detailed fabrication plans submitted to the Engineer for approval. The fabrication plans shall clearly ' indicate locations and methods of attachment where the forms are supported by steel beam flanges subject to tensile stresses and without ' shear connectors. Form sheets shall not be permitted to rest directly on the top of the ' stringer or floor beam flanges. Sheets shall be securely fastened to form supports and shall have a minimum bearing length of 1" at each end. Form supports shall be placed in direct contact with the flange or stringer or floor beam. All attachments shall be made by welds, bolts, clips, or other approved means. However, welding of form supports to flanges of TS -301-26 ' Copyright © 1998 Crafton, Tull & Associates, Inc. H ' steels other than ASTM A 36, A 441, A 588, and A 572 of a weldable grade and to those portions of a flange subject to tensile stresses shall ' not be permitted. Welding shall be accomplished by certified welders and in accordance with ANSI/AASHTO/AWS D1.5-88. Except that 1/8" fillet welds will be permitted. ' Provisions shall be made to keep the panels at an acceptable temperature before placement of concrete. ' Calcium Chloride or any other admixture containing chloride salts shall I. not be used in the concrete placed on permanent steel deck forms. After the deck concrete has been placed for a minimum of 2 days, the I. following inspection procedure shall be followed: The forms shall be tested for soundness of the concrete and bonding of ' the forms to the concrete by striking the form a sharp blow with a geologist hammer. As a minimum, the forms shall be struck at 10' intervals parallel to and 6" from the edge of the steel beam, and at 10' ' intervals along the centerline of each bay between the beams in an X pattern with those along the beams, and at random points on a semicircle or circle, as applicable, with approximately 2' radius from the above ' points. They shall be struck in other places as directed by the Engineer to define any suspicious or defective area. Areas where efflorescence is evident shall be thoroughly investigated. The Contractor shall furnish all facilities such as ladders, scaffolding, etc., that will provide for a thorough inspection of the forms. ' The striking of the forms shall be accomplished in such a manner and at a time that the sound is clearly audible. Properly bonded sheets attached ' to sound concrete will emit a clear rig when struck a sharp blow with a hammer. Honeycomb concrete and/or unbonded areas will give a different sound such as a thud or clatter. The forms shall be removed full ' width between beams whenever the Engineer suspects that honeycomb or unbonded areas exist so that the Engineer may make a visual examination of the concrete surface. Any defective concrete shall be 'repaired to match the adjacent concrete to the satisfaction of the Engineer. ' Where the use of the hammer as a testing device is neither practical nor feasible, the forms may be tested after the deck has been placed a ' minimum of 10 days using a rifle firing 22 caliber short special gallery type ammunition in lieu of the hammer. The angle of incidence between the C TS -301-27 I Copyright © 1998 Crafton, Tull & Associates, Inc. I I I I I I II U I plane normal to the forms and the trajectory of the bullet shall be held to a minimum. If sheets are properly bonded to sound concrete, a very light dent will be made in the metal and the spelter coating will not be damaged. A plainly visible bright spot will remain around the dent. If a small void or slight honeycomb exists behind the form, a deep dent, with metal cracked in the bottom of dent, will result. If honeycomb exists, a clean hole approximately 1/4" in diameter will result. The actual depth of void can be seen when viewed through a transit or telescopic sights. Where this is the case, the form shall be removed full width between beams so that the Engineer may make a visual examination of the concrete surface. Any defective concrete shall be repaired to match the adjacent concrete to the satisfaction of the Engineer. The amount of sounding and form removal may be reduced at the Engineer's discretion, after a substantial amount of slab has been constructed and inspected, if the Contractor's methods of construction and the results of the inspections as outlined above indicate that sound concrete is being obtained throughout. If the Contractor varies his procedures significantly, the initial inspection procedure shall be used to verify that the new conditions are yielding desirable results. Any forms which must be removed because of unsatisfactory test results shall be removed by a metal saw or air -carbon -arc gouging with minimum damage to the concrete. The cut in the forms parallel t the corrugations shall be located in a non -horizontal lap section of the corrugation. The cuts parallel to the beam shall be through the supporting angles taking care not to damage the structural steel beams. All concrete which is found defective or is damaged in removing a section of the form for inspection shall be repaired to match the adjacent concrete in section and color. All repair work shall be completed to the satisfaction of the Engineer. Payment for forms will be made and fully covered under the unit price bid for superstructure concrete. No direct or additional payment of any kind will be made because of the use of these forms. Payment will be made for Class S(AE) concrete in place in the bridge decks on the basis of the TS -301-28 ' Copyright © 1998 Crafton, lull & Associates, Inc. thickness specified on the Plans not including any excess thickness used and not including any concrete in portions of haunches which may be omitted because of the use of these forms. 301-2.14 REMOVAL OF FALSEWORK AND FORMS: ' In the determination of the time for the removal of falsework and forms • and the discontinuance of heating, consideration shall be given to the ' location and character of the structure, the weather and other conditions influencing the setting of the concrete, and the materials used in the mix. ' Removal of falsework and forms shall be in accordance with the following schedule: ' Minimum Strength Time Requirement Bottom Forms for Deck Slabs, 7 days Min. Spec. Beams, and Caps Top Slabs of RC Box Culverts 7 days 80% Spec. Forms for Columns and 24 hours N/A 'Vertical Walls ' Side Forms for Footings, 12 hours N/A Beams, and Caps Side Forms for Parapets, Median 6 hours N/A Barriers, and Curb Faces Forms on surfaces which will require a Class 2 finish in accordance with ' Subsection 301-2.18 shall be removed at the earliest time permitted under these Specifications in order to begin finishing operations. Forms and their supports shall not be removed without the approval of the Engineer. Supports shall be removed in such a manner as to permit the concrete to uniformly and gradually take the stresses due to its own weight. Methods of form removal likely to cause overstressing of or damage to the concrete shall not be used. I TS -301-29 copyright© 1998 Crafton, Tull & Associates, Inc. I ' 301-2.15 WEATHER AND TEMPERATUREJJMITATIONS AND PROTECTION OF CONCRETE: When the ambient temperature at the placement site is 85 degrees F. and rising, an approved retarding agent shall be required in all concrete used ' in bridge superstructures. A retarding agent will not be required in concrete used for bridge deck curb, parapet, railing, posts, sidewalks, or median treatment provided they are not placed monolithically with the ' deck itself. ' When the internal temperature of the plastic concrete in bridge decks reaches 85 degrees F., the Contractor shall take the necessary precautions to insure that the temperature of succeeding batches does ' not exceed 90 degrees F. Concrete batches with temperatures in excess of 90 degrees F. will be rejected. This method used to control the concrete temperature shall be approved in writing by the Engineer. The ' temperature of the plastic concrete shall be determined immediately prior to its being deposited in the forms by inserting a thermometer to a depth consistent with the capabilities of the thermometer being used to obtain a ' true reading. Prior to beginning placement, the Contractor shall insure that sufficient materials, labor, and equipment are available during placement to implement the previously approved cooling process. 1 The maximum mix temperature for all Class B and B(AE) concrete at time of placing shall be 75 degrees F. This requirement will be strictly adhered Ito and any concrete delivered to the job site which does not meet this provision will be rejected. Methods used to meet this requirement shall be submitted to the Engineer for approval. Methods that may be used to ' meet this provision include using ice in the mixing water, storing cement and aggregates in cool or shaded locations, and/or watering down of coarse aggregates. Cooling by watering of fine aggregates will not be allowed. No concrete shall be placed unless the temperature of the concrete is more than 50 degrees F. when placed. If heating of the ingredients is necessary to meet this criterion, it shall be accomplished by a method ' such as dry heat or steam and not by direct flame. Water shall not be heated to more than 180 degrees F., and shall be combined with the aggregate before the addition of cement. Frozen aggregates may not be ' used. After concrete is placed, it shall be protected by insulated forms, blankets, enclosing and heating, and/or any other method approved by the TS -301-30 ' Copyright © 1998 Crafton, Tull & Associates, Inc. I Engineer which will maintain the temperature adjacent to the concrete at a minimum of 50 degrees F. for at least 5 days. ' For Class B and B(AE) concrete, forms shall remain in place 4 days after placing any time the temperature is below 40 degrees F. or forecast to ' drop below 40 degrees F. In addition, exposed top surfaces of the concrete shall be protected with an insulated blanket. The surface of the concrete shall not be saturated when it is exposed to freezing air temperatures. The Contractor shall have available and ready for immediate use sufficient materials and equipment for maintaining the temperature of the concrete as required above. ' Concrete that has been frozen or damaged due to weather conditions shall be removed and replaced by the Contractor at no cost to the Owner. 301-2.16 CURING CONCRETE FOR STRUCTURES: A. Materials: Materials used in curing concrete shall conform to one of the following types: I1. Burlap -polyethylene sheeting shall meet the requirements of AASHTO M 171. ' 2. Polyethylene sheeting shall meet the requirements of AASHTO M 171. 3. Copolymer/synthetic blanket shall meet the requirements of AASHTO M 171. Copolymer/synthetic blankets shall be a composite of a copolymer membrane material coated over a layer ' of absorbend nonwoven synethic fabric weighing at least 6 ounches per square yard, uniform in appearance, and free from visible defects. ' 4. Other approved sheeting materials shall meet the requirements of ' AASHTOM171. 171. 5. Membrane curing compound shall meet the requirements of ' AASHTO M 148 of the type approved by the Engineer. B. Application: The exposed concrete, immediately after finishing, shall be covered with one of the curing materials listed above and shall be kept continuously and thoroughly wet for a period of not less than 5 days after ' TS -301-31 ' Copyright© 1998 Craflon, Tull & Associates, Inc. I the concrete is placed. Membrane curing does of require the application of additional moisture, except as required for bridge roadway surfaces. All Class B and B(AE) concrete shall be cured by free moisture. Water curing shall be provided for all exposed surfaces for a period of 14 days. Membrane curing compound shall not be used on surfaces requiring a Class 2 finish. Clear membrane curing compound shall be used as an interim cure for concrete bridge roadway surfaces and shall be applied immediately after final finishing. Final curing of bridge decks shall be by mats or blankets and shall be begun immediately after completing the surface test specified in Subsection 301-2.18, Class 5. The mats or blankets shall be kept continuously and thoroughly wet for a period of 5 days after the concrete is placed. When membrane curing is used, the exposed concrete shall be thoroughly sealed by applying the membrane curing colution immeditely after the free water has left the surface. The concrete inside the forms shall be sealed immediately after the forms are removed and necessary finishing has been done. For uniform application in the field on vertical concrete suraces, the specified rate of application may be achieved by two coats applied at an interval of approximately 1 hour. The Contractor shall provide satisfactory equipment and means to properly control and assure the direct application of the curing solution on the concret surface so as to result in a uniform coverage at the rate of 1 gallon for each 125 square feet of area. If rain falls on the newly coated concrete before the film has dried sufficiently to resist dmage, or if the film is damaged in any other manner, a new coat of the solution shall be applied to the affected portions equal in curing value to that specified above. 301-2.17 EXPANSION AND FIXED JOINTS: Joints shall be constructed according to the details shown on the Plans. A. Joint Materials: 1. Materials for filling and sealing expansion joints shall be as shown on the Plans and shall conform to the following requirements, as applicable: ' TS -301-32 Copyright © 1998 Crafton, Tull & Associates, Inc. I a. Type 1 joint filler shall be a uniform mixture of sawdust and asphalt material in the proportion of one part asphalt to four ' parts sawdust, by volume. Asphalt material used shall be either MC -250 or Ss -1 in accordance with Subsection 403.03. When this material is specified, the joint shall be ' filled to within 1" of the pavement surface. The top 1" shall be sealed with a material complying with the requirements of AASHTO M 173. b. Type 2 joint filler shall be preformed, non -extruding, and resilient type, meeting the requirements of AASHTO M 153 Type I (sponge rubber) to type III (self -expanding cork), except that the Type III (self -expanding cork) shall have a ' minimum expansion of 135% and be within ± 0.1" of the specified plan thickness. ' 2. The material for filling and sealing longitudinal, warping, contraction, and other specified joints shall be as shown on the ' Plans and shall conform to the following requirements: a. Backer rod filler for Types 3, 4, and 5 joint shall be of resilient material approximately 1/8" larger in diameter than the width of the joint to be sealed. The rod shall be compatible with the sealant or any component of the joint sealant system. No adverse reaction shall occur between the backup material, sealant, and primer. No bond shall occur between the backup material and the sealant system for Types 3 and 4 joint sealer. b. Type 3 joint sealer shall be a one part silicone formulation ' which does not require a primer for bond to concrete. The compound shall be compatible with concrete. Acetic acid cure sealants are not acceptable. The material shall be one listed on the Department's Qualified Products List. c. Type 4 joint sealer shall be a one part silicone formulation ' which does require a primer for bond to concrete. The compound shall be compatible with concrete. Acetic acid cure sealants are not acceptable. The material shall be one listed on the Department's Qualified Products List. d. Type 5 joint sealer shall be a hot poured elastomeric joint sealant. The material shall meet the requirements of ' TS -301-33 ' Copyright © 1998 Grafton, Tull & Associates, Inc. I Il n n I I I I I I AASHTO M 282 (ASTM D 3406). The appendix of that specification shall be considered a part of this Specification. The material shall be one listed on the Department's Qualified Products List. e. Type 6 joint sealer shall be a 2 component cold poured, synthetic polymer, meeting the requirements of ASTM D 1850 with the exception of penetration which shall not exceed 100 and resilience (both original cured sample and oven aged) which shall be a minimum of 70%. The material shall be one listed on the Department's Qualified Products List. Type 7 joint filler shall be a hot poured elastic type meeting the requirements of AASHTO M 173. B. Open Joints: Open joints shall be placed in the locations shown on the Plans and shall be constructed by the insertion and subsequent removal of a wood strip, metal plate, or other approved material. The insertion and removal of the template shall be accomplished without chipping or breaking the corners of the concrete. Reinforcement shall not extend across an open joint unles specified on the Plans. C. Filled Joints: Poured expansion joints shall be constructed similar to open joints. When premolded types are specified, the filler sahll be in the correct position when the concrete on the second side of the joint is placed. A joint sealer is required in addition to the joint filler. The cavity for the sealer shall be formed by the insertion and subsequent removal of a wood strip, metal plate, or other approved material. When required, adequate water stops of metal, rubber, or plastic shall be carefully placed as shown on the Plans. ' All faces of the joint to be sealed shall be thoroughly cleaned by sand blasting, water blasting, or other approved methods prior to placing the joint seal material. 1. Poured joint sealer shall meet the requirements. ' 2. Preformed expansion joint filler, non -extruding and resilient types, shall meet the requirements of AASHTO M 153 tuype I (sponge rubber) or Type III (self -expanding cork), except that the Type III (self -expanding cork) shall be required to have a minimum expansion of 125% and be within ±0.1" of the specified plan thickness. TS -301-34 Copyright © 1998 Crafton, Tull & Associates, Inc. I ' D. Steel Joints: Plates, angles, or other structural shapes shall be accurately shaped, at the shop, to conform to the section of the concrete floor. The fabrication and painting shall coform to the requirements of the Specifications covering those items. When called for on the Plans or in the Special Provisions, the material shall be galvanized in lieu of painting. ' Care shall be taken to insure that the surface in the finished plane is ture and free of warping. Positive methods shall be employed in placing the ' joints to keep them in correct position during the placing of the concrete. The opening at expansion joints shall be that designated on the Plans at 60 degrees F., and care shall be taken to avoid impairment of the clearance in any manner. E. Felt Joints: Joint material and bearing pads shall consist of a roofing felt saturated and coated on both sides with asphalt, and coated on one side with powdered mineral matter such as talc or mica, and sahll conform to ' ASTM D 224. Where Standard Drawings indicate the use of 45# roofing felt, this material shall meet or exceed the requirements for ASTM D 224 Type I. ' F. Water Stops and Flashing: Water stops and flashing shall be furnished and placed as provided on the Plans. They shall be spliced, welded, soldered, or otherwise joined to form continuous watertight joints and shall conform to the following requirements: I1. Copper water stops and flashing shall conform to ASSHTO M 138, unless otherwise specified on the Plans. Sheet copper shall meet the embrittlement test of Section 10 of AASHTO M 138. ' 2. Rubber water stops shall be formed from synthetic rubber made exclusively from neoprene, reinforcing carbon black, zinc oxide, polymerization agents, and softeners. This compound shall contain not less than 70% by volume of neoprene. The tensile strength shall not be less than 2750 psi with an elongation at ' breaking of 600%. The Shore Durometer indication (hardness) shall be between 50 and 60. After 7 days in air at 158 degrees ± 2 degrees F. or after 4 days in oxygen at 158 degrees ± 2 degrees F. and 300 psi pressure, the tensile strength shall be not less than 65% of the original. The water stops shall be formed with an integral cross section in suitable molds so as to produce a uniform section with a ' permissible variation indimension of 1/32" plus or minus. No splices will be permitted in straight strips. Strips and special TS -301-35 ' Copyright © 1998 Crafton, Tull & Associates, Inc. I I I I I I I H I connection pieces shall be wel cured in a manner such that any cross section shall be dense, homogeneous, and free from all porosity. Junctions in the special connection pieces sahll be full molded. During the vulcanizing period, the joints shall be securely held by suitable clamps. The material at the splices shal be dense and homogeneous throughout the cross section. 3. Polyvinylchloride water stops shall be manufactured by the extrusion process from an elastomeric pisatic compound, the base resin of which sahll be polyvinylchloride (PVC). The compound shall contain any additional resins, plasticizers, stbilizers, or other materials needed to insure that, when the material is compounded, it will meet the performance requirements given in this Specification. No reclaimed PVC or other material shall be used. The water stops shall be of the size and shape shown on the Plans. They shall be dense, homogeneous, and without holes or other defects. The material shall comply with the following physical requirements when tested under the indicated ASTM test method. Specific Gravity ASTM D 792 1.35 max. ' Durometer Hardness ASTM D 2240 75±5 Tensile Strength ASTM D 412 1800 psi min. Elongation ASTM D 412 350% ' Cold Brittleness ASTM D 7 -35°F Stiffness in Flexture ASTM D 747 350 psi min. El. I I H El I The Manufacturer shall be responsible for the testing, either in his own or a recognized commercial laboratroy, and shall submit three certified copies of test results. 301-2.18 FINISHING CONCRETE SURFACES: A. General: Surface finishes shall be classified as follows: Class 1. Ordinary Surface Finish Class 2. Rubbed Finish Class 3. Sprayed Finish Class 4. Exposed Aggregate Finish Class 5. Tined Bridge Roadway Surface Finish Class 6. Broomed Finish Class 7. Grooved Bridge Roadway Surface finish TS -301-36 Copyright © 1998 Grafton, Tull & Associates, Inc. I I All concrete shall be given a Class 1, Ordinary Surface Finish. In addition, if further finishing is required, such other types of finish will be as specified herein. The following surface shsall be given a Class 2 finish except when a Class 3 finish is specified in the Plans: All Structures. Exposed surfaces of retaining walls, surfaces of concrete rails, rail posts, rail end posts, rail bases, and parapets, including the outside face. Highway Grade Separation Strucrures and Railroad Underpasses. Surfaces above finished ground of piers, columns, abutments, and ' retaining walls; the outside vertical surfaces of parapets, slabs, and girders; and the underneath side of the overhang outside the exterior ' beam. At the option of the contractor, a Class 3 finish may be used on all ' surfaces requiring a Class 2 finish provided the same class of finish is used on the entire job. ' Sidewalks shall be given a Class 6 finish. Curbs shall be given a Class 2 or Class 6 finish. Bridge roadway surfaces shall be given a Class 5 finish unless Class 7 finish is specified on the Plans. B. The various classes of surface finish are defined as follows: I1. Class 1. Ordinary Surface Finish: Immediately following the removal of forms, fins, and irregular projections shall be removed from all surfaces except from those which are not to be exposed or are not to be waterproofed. On all surfaces, the cavities produced by form ties and all other holes, broken corners or edges, and other defects shall be thoroughly cleaned, and after having been ' thoroughly saturated with water, shall be carefully pointed and trued with a mortar of cement and fine aggregate mixed in the proportion of 1:2. Mortar used in pointing shall be not more than 1 hour old. The concrete shall then be rubbed or sprayed, if required, and cured as specified under Subsection 301-2.16. Construction and expansion joints in the completed work shall be TS -301-37 Copyright © 1998 Grafton, lull & Associates, Inc. n left carefully tooled and free of mortar and concrete. The joint filler shall be left exposed for its full length with clean and true edges. I I I I I I n I Ll I I I The resulting surfaces shall be true and uniform. Repaired surfaces, the appearance of which is not satisfactory to the Engineer, shall be rubbed as specified under Class 2 finish. Exposed surfaces not protected by forms shall be struck off with a straightedge and finished with a wood float to a true and even surface. The use of additional mortar to provide a plastered or grout finish will not be permitted. The tops of caps in the area of the bridge seat shall be finished with a steel trowel or by grinding to a smooth finish and true slope at the proper elevation. 2. Class 2. Rubbed Finish: After removal of forms, the rubbing of concrete shall be started as soon as its condition will permit. Immediately before starting this work the concrete shall be thoroughly saturated with water. Sufficient time shall have elapsed before the wetting down to allow the mortar used in the pointing of rod holes and defects to thoroughly set. Surfaces to be finished shall be rubed with a medium coarse carborundum stone, using a small amount of mortar on its face. The mortar shall be composed of cement and fine sand mixed in proportions used in the concrete being finished. Rubbing shall be continued until form marks, projections, and irregularities have been removed, voids filled, and a uniform surface has been obtained. The paste produced by this rubbing shall be left in place at this time. After concrete above the surface being treated has been cast, the final finish shall be obtained by rubbing with a fine carborundum stone and water. This rubbing shall be continued until the entire surface is of a smooth texture and uniform color. After the final rubbing is completed and the surface has dried, it shall be rubbed with burlap to remove loose powder and sahll be left free from all unsound patches, paste, powder, and ' objectionable marks. 3. Class 3. Sprayed Finish: The material for sprayed finish shall be a commercial papint type texturing product produced specifically for I TS -301-38 ' Copyright © 1998 Crafton, lull & Associates, Inc. I I I I II I I I I Unless otherwise specified in the Contract, the color of the sprayed ' finish shall be concret gray, equal or close to Shade 36622 of the Federal Color Standard 595A. this purpose, and shall consist of a synthetic non -alkyd resin containing meca, perlite, non -biodegradable fibers, and durable tinting pigments. The material shall meet the requirements of AHTD Test Method 806. Testing and Certification. All testing shall be performed by a qualified commercil testing laboratory acceptable to the Department. Prior to use, certified test results from the commercial independent testing laboratory on accelerated weathering, chemical analysis of formulation, and physical properties listed in AHTD Test Method 806 will be furnished to the Engieer. Testing of the formulation by a commercial independent testing laboratory will be required every five years or whenever the performance is not satisfactory. Complete re -testing will be required when the formulation changes. Infrared spectra of the synthetic resin binder will be provided with the original certification and each re -test. Each shipment of the satisfactorily tested product shall be accompanied by a certificate from the Manufacturer attesting that the commercial product furnished conforms to the same formula as that previously subjected to the specified tests, and approved. Copies of the test reports shall be attached to the Certificate. Surfaces to be coated shall be free from efflorescence, flaking, coatings, dirt, oil, and other foreign substances. The sprayed finish shall not be applied over surfaces cured with membrane curing compound until 30 days has elapsed from applciation of the membrane. Prior to appliction of spray finish, the surface shall be free of moisture, as determined by sight and touch, and in a condition consistent with the Manfuactuer's published recommendations. The spray finish shall be applied at a rate of 1 gallon per 50 square feet with hevy duty spray equipment, such as 4:1 ratio pump or ' larger, capable of maintaining a constant pressure as necessary for proper application. I TS -301-39 copyright© 1998 Grafton, Tull & Associates, Inc. I The completed finish shall be tightly bonded to the structure and shall present a uniform appearance and texture equal to or better than that required for rubbed finish. If necessary, an additional coat or coats shall be applied to produce the desired surface texture and uniformity. Upon failure to adhere positively to the structure without chipping or cracking, or to attain the desired surface appearance, the coating shall be removed from the structure and the surface given a rubbed finish, or another approved finish satisfactory to the Engineer. 4. Class 4. Exposed Aggregate Finish: This type of finish shall be produced by scrubbing the surface of green concrete with stiff wire or fiber brushes, using a solution of muriatic acid in the proportion of 1 part acid to 4 parts water, or by sand blasting, until the cement film or surface is completely removed and the aggregate particles are exposed. The amount of aggregate exposure will be specified on the Plans or designated by the Engineer. Any surface treated with muriatic acid shall be thoroughly washed with water to which a small amount of ammonia has been added to remove all traces of the acid. The resulting surface shall be an even pebbled texture. 5. Class 5. tined Bridge Roadway Surface Finish: the concrete bridge roadway surface shall be given a finish with a burlap drag, followed by tining. The surface shall be finished by dragging a seamless strip of damp burlap over the full width of the roadway surface. The burlap drag shall consist of sufficient layers of burlap and have sufficient length in contact with the concrete to slightly groove the surface, and shall ' be moved forward with a minimum bow of the lead edge. The drag shall be kept damp, clean, and free of particles of hardened concrete. The tining shall be terminated with a transition in depth 18" from ' the gutter line. 6. Class 6. Broom Finish: After the concrete has been deposited in ' place, it shall be consolidated and the surface shall be struck off by means of a strike board, floated, and broomed. An edging tool shall be used on edges and expansion joints. The surface shall ' not vary more than 1/4" under a 10' straightedge. The surface shall have a granular or matte texture. TS -301-40 ' Copyright © 1998 Crafton, lull & Associates, Inc. U 7. Class 7. Grooved Bridge Roadway Surface Finish: Following straightedging in accordance with Subsection 301-12.19 and after all excess moisture has disappeared, the concrete shall be given a finish with a belt or a burlap drag, prior to the grooved finish. The belted finish shall be accomplished by two applications of a soft, flexible belt of approved composition of from 8" to 12" in width. The belt shall be moved forward with a combined transverse and longitudinal motion, the longitudinal advance being very slight for the first belting, but with a sweeping motion for the final belting. Care shall be exercised that the belting operation does not work the crown out of the deck surface. Just before the concrete attains its initial set, the surface shall be given the final belting with the purpose of producing a uniform surface of roughened texture. The burlap drag finish shall be accomplished by dragging a seamless strip of damp burlap over the full width of the surface. The burlap drag shall consist of sufficient layers of burlap and have sufficient length in contact with the concrete to slightly groove the surface and shall be moved forward with a minimum bow of the leading edge. the drag shall be kept damp, clean, and free of particles of hardened concrete. ' The bridge roadway surface shall be grooved perpendicular to the centerline wth grooves extending across the slab to within 18" of the gutter lines. The grooves shall be cut into the concrete using a mechanical ' sawing device which will leave grooves 1/8" to 3/16" in depth and spaced on 1/2" to 3/4" centers. Grooving blades shall be 0.75" to 0.125" wide. Sawing shall not be performed before the end of the tnormal curing. Residue from the grooving operations shall be removed and the ' bridge deck thoroughly cleaned. Residue shall not be permitted to enter drainage facilities or streams. f Li I TS -301-41 I Copyright© 1998 Grafton, Tull & Associates, Inc. IITEM 304 CONCRETE SIDEWALKS 304-1.0 DESCRIPTION• ' This item shall consist of the construction of a concrete sidewalk to the depth and section as shown on the plans, and in conformity with the locations, lines, and grades shown on the plans, or as directed. ' 304-2.0 MATERIALS: Cement, aggregates, and water shall conform to the requirements of DIVISION 3 - CONCRETE for Class B Concrete. 304-3.0 CONSTRUCTION METHODS: IA. Subgrade Preparation: The bottom of the excavation or the top of the fill shall be known as ' the pavement subgrade and shall conform to the lines, grade, and cross sections shown in the plans. ' All soft and yielding material and portions of the subgrade that will not compact readily when rolled or tamped shall be removed and replaced with suitable material. ' The subgrade shall be brought to a firm and unyielding condition by compacting it to uniform density. Soil should be compacted at, ' or slightly above, standard optimum moisture. All utility trenches and structure excavations shall be backfilled to natural or finished grade with granular material as soon as conditions permit. All backfill shall be compacted with mechanical tampers in layers not over six inches in compacted thickness to 'densities similar to that of surrounding soils. Concrete shall not be placed on a soft, spongy, frozen, or ' otherwise unsuitable subgrade. The subgrade shall be moist when concrete is placed. I TS -304-1 I Copyright © 1998 Crafton, lull & Associates, Inc. I I B. Concrete Placement: ' Ready -mixed concrete hauled in truck mixers or truck agitators shall be deposited in place within 90 minutes from the time water is ' added to the mix. Before placing concrete, free standing water, snow, ice, or other ' foreign materials shall be removed from the subgrade. All forms shall be thoroughly cleaned, secured in position, and coated with a ' form -release agent. Concrete shall be placed, struck off, consolidated, and finished to ' plan grade with a mechanical finishing machine, vibrating screed, or by hand -finishing methods when approved. Pavement shall be pitched to area drains or perimeter areas to remove water. ' C. Thickness and Slope: ' Sidewalks shall be a minimum of four (4) inches thick with four (4) inches of compacted SB-2 base underneath. Sidewalks shall slope one-fourth (1/4) inch per foot toward the street unless existing topography requires a slope toward the property line. D. Finishing: After concrete has been struck off and consolidated, a bullfloat may be used to remove any high or low spots. Bullfloat use shall ' be confined to a minimum. A final skid -resistant finish shall be made with a burlap drag or broom. ' E. Curing: Concrete shall be cured by protecting it from loss of moisture, rapid temperature change, and mechanical injury for at least three days after placement. After all free water has disappeared from the ' surface, a liquid membrane -forming compound or other approved curing material shall be uniformly sprayed on all exposed surfaces. Rate of application shall be in accordance with manufacturer's ' recommendations. When concrete is being placed in cold weather and the temperature may drop below 35°F, straw, hay, insulated curing TS -304-2 Copyright © 1998 Crafton, Tull & Associates, Inc. blankets or other suitable material shall be provided along the line of work to prevent freezing of concrete. Concrete injured by frost action shall be removed and replaced at the Contractor's expense. F. Joints: ' Unless shown on the project drawings, a jointing plan shall be prepared by the Contractor and approved before paving begins. Maximum joint spacing shall be the width of the sidewalk installed. Control joints or contraction joints shall be formed by one of the following methods: sawing, forming by hand, forming by premolded filler, or using full depth construction joints. Joint depth shall be a ' minimum of one-fourth the slab thickness. Handformed joints shall have a maximum edge radius of 1/4 inch. Sawing of joints shall begin as soon as the concrete has hardened sufficiently to permit ' sawing without excessive raveling. All joints shall be completed before uncontrolled shrinkage cracking occur. All such joints shall be completed within 24 hours of placing the concrete. Joints shall be continuous across the slab. Expansion joints shall be made of three quarter (3/4) inch felt and ' shall be spaced at maximum one hundred (100) foot intervals. Expansion joints and contraction joints shall be spaced so that they ' align with the joints in any adjacent concrete curb and gutter. ' 304-4.0 BASIS OF PAYMENT: Concrete sidewalks shall be paid for at the contract unit price per linear foot. 1 I I I TS -304-3 ' Copyright© 1998 Grafton, Tull & Associates, Inc. I ' ITEM 310 REINFORCING STEEL FOR STRUCTURES 310.01 DESCRIPTION: This item shall consist of reinforcing steel and miscellaneous accessories of the quality, type, size, and quantity designated, which shall be ' furnished and placed in concrete structures in accordance with these Specifications and in conformity with the details shown on the Plans, or as directed. ' 310.02 MATERIALS: ' A. Bar Reinforcement: Bar reinforcement for concrete in sizes up to and including #18 shall conform to the requirements of ASTM A ' 615 orA617. B. Wire and Wire Fabric: Wire shall conform to the requirements for Cold -Drawn Steel Wire for Concrete Reinforcement, of ASTM A 82. Wire fabric, when used as reinforcement in concrete shall conform Ito the requirements of ASTM A 185. The type of wire fabric shall be approved by the Engineer. IC. Bar Mat Reinforcement: Bar mat reinforcement for concrete shall conform to the requirements of ASTM A 184. D. Epoxy Coating: When specified, reinforcing steel bars shall be coated in accordance with ASTM A 775 using a coating material which shall meet the requirements of Annex Al of ASTM A 775. ' The Contractor shall supply to the Engineer three copies of a written certification that properly identifies the number of each batch of coating material used in the order; and the material, quantity represented, date of manufacture, and name and address of manufacturer; and a statement that the supplied coating material meets the requirements of annex Al of ASTM A 775. TS -310-1 Copyright © 1998 Grafton, Tull & Associates, Inc. Patching material, compatible with coating material and inert in concrete, and meeting the requirements of Annex Al of ASTM A 775, shall be provided by the epoxy coating manufacturer. 310.03 1 310.04 L I I I H I I I I I I All reinforcing steel shall be fabricated to conform to the details shown on the Plans. Pins used for bending reinforcing steel shall be equal to or larger than that shown on the Plans. Bar lists and bending diagrams for reinforcing steel and bar supports will not be reviewed or approved by the Engineer. The Contractor shall be responsible for the correctness of the fabricated reinforcing steel. c OaIL'P> I.7ZJ101AzL1� Steel reinforcement shall be protected from damage. When placed in the work, it shall be free from dirt, detrimental rust or scale, paint, oil, or other foreign substance. Steel reinforcement shall be stored above the ground on skids, platforms, or other supports. Epoxy coating damaged during fabrication, shipping, or installation shall be patched in accordance with Section 12 of ASTM A 775. Damaged areas less than 0.1 square inch need not be repaired but all areas larger than 0.1 square inch shall be repaired. The maximum amount of damage shall not exceed 2% of the surface area of each bar. All damaged areas shall be patched with the material in accordance with the Manufacturer's instructions. Patching will be required on all sheared or cut ends of bars, end areas left bare during the coating process, and any areas where the entire coating is removed. All repairs shall be completed as soon as practicable and, in the case of bare end areas and sheared ends, before visible oxidation of the surface occurs. Epoxy coated bars shall not be flame cut. The Contractor shall exercise caution when placing and vibrating concrete to prevent any damage to epoxy coated bars. In order to prevent the vibrator from damaging the coated bars, the head shall be covered with a sheet of rubber or a similar material as approved by the Engineer. TS -310-2 I Copyright© 1998 Grafton, Tull & Associates, Inc. I I 310.05 FABRICATION. SHIPPING. AND HANDLJNN: IBar reinforcement shall be bent to the shapes shown on the Plans. Bars shall be bent cold, unless otherwise permitted by the Engineer. No bars partially embedded in concrete shall be field bent, except as shown on the Plans or specifically permitted by the Engineer. ' Radii for bends shall be as shown on the Plans. When not shown on the Plans, radii bends on the inside of bars shall be as specified below: Bar Size Minimum Radii Stirrups and Ties 4 bar diameters 3, 4, 5, 6, 7, or 8 6 bar diameters 9, 10, or 11 8 bar diameters 140118 10 bar diameters Bar reinforcement shall be shipped in standard bundles, tagged, and marked in accordance with the Code of Standard Practice of the Concrete Reinforcement Steel Institute. Epoxy coated bars shall be prepared for shipment by use of excelsior or equivalent padded metal bands, or other methods which will prevent damage during shipment. Caution shall be used to avoid dragging or dropping the bundles. If bundled together for shipment, the bundles should be small, tightly banded with padded bands, and should be lifted with strong back, multiple supports, or a platform bridge to prevent bar to bar abrasion from sags in the bar bundle, and shall be stored on padded and/or wooden supports. All systems for handling coated bars shall have padded contact areas. If, in the judgement of the Engineer, the coating is damaged to the extent that the coating no longer provides the intended protection, the material shall be returned to the coating applicator for repair or replacement. Patching materials or any required repair of the coating, shall be at no coat to the State. The Contractor shall inform the Engineer, in writing, at least 10 days prior to performing any of the cleaning or coating operations. I I TS -310-3 ' Copyright© 1998 Crafton, Tull & Associates, Inc. H ' The Engineer or his representative shall have free access to the shop for inspection, and every facility shall be extended to him for this purpose. ' On a random basis, lengths of coated bars, other than the additional test bars, may be taken by the Engineer from the production run at the point of coating application. The Contractor or his representative shall have free access to the shop for inspection, and every facility shall be extended to him for this purpose. ' On a random basis, lengths of coated bars, other than the additional test bars, may be taken by the Engineer from the production run at the point of coating application. ' The Contractor shall furnish to the Engineer the coating applicator's certification in triplicate, certifying that all materials used, the preparation of the bars, coating, and curing were done in accordance with these specifications and that no bars contain more than two holidays per linear foot. The certification shall include or have attached specific results of tests of coating thickness and flexibility of coating. 310.06 PLACING AND FASTENING: Steel reinforcement shall be accurately placed in the positions shown on the Plans and firmly held during the placing and setting of concrete. Bars shall be tied at all intersections except where spacing is less than 1' in each direction, in which case alternate intersections shall be tied. Bundled bars shall be tied together at not more than 6' centers. ' Bar positions or clearances from the forms shall be maintained by means of stays, ties, hangers, or other approved devices. Metal bar supports which are in contact with the exterior surface of the concrete shall have ' protection conforming with the CRSI Specifications, Class 1 for Plastic Protected Bar Supports and Class 2 for Stainless Steel Bar supports, with the further provision that the plastic protection may be applied either by a ' dipping operation or by the addition of premolded plastic tips to the legs of the supports. Epoxy Coated Bar Supports which are coated in accordance with the provisions of ASTM A 775 using a coating material I. meeting the requirements of 'annex 1 of ASTM A 775 may be substituted for Plastic Protected Bar Supports or Stainless Steel Bar Supports. All ' high chairs and bar bolsters shall be metal. Plastic bar supports shall not be used. TS -310-4 Copyright © 1998 ' Crafton, Tull & Associates, Inc. When concrete is to rest on an excavated surface, layers of bars shall be supported above the surface by metal chairs or by precast mortar or concrete blocks. The use of rocks, pieces of stone or brick, pipe, wooden block,s or chunks of concrete will not be permitted as bar supports or spacers. Reinforcement shall be placed by the Contractor and then inspected and approved by the Engineer before the placing of concrete begins. concrete placed in violation of this provision may be rejected and removal required. Unless otherwise shown on the Plans, the spacing of supports shall conform to the recommendations of CRSI. If fabric reinforcement is shipped in rolls, it shall be straightened into flat sheets before being placed. I. 310.07 1 Epoxy coated bars shall be placed on plastic coated or epoxy coated metal supports and shall be held in place by use of plastic coated tie wires or molded plastic clips especially fabricated for this purpose. Bar supports for epoxy coated bars shall be fully coated metal supports. Epoxy coated bar supports shall meet the recommendations of CRSI Specifications. In placing epoxy coated bars, care shall be maintained to prevent, as far as is practical, coated bars from being damaged. After the coated bars are secured to bar supports, a final visual inspection shall be made and all uncoated or damaged areas coated or repaired as required by the Engineer. Any bar supports which deform under foot traffic or other construction activities shall not be used. SPLICING: Reinforcing steel shall be furnished in the full lengths specified on the Plans. Bars spliced as a result of unforeseen construction conditions or sequences will require the written approval of the Engineer. Splices shall meet the requirements of the current edition of the AASHTO Standard Specifications for Highway Bridges. Secondary reinforcing used for distribution of loads, such as longitudinal bars in box culverts, retaining walls, and slabs for steel girder spans, may be lapped 32 bar diameters minimum if bars are #6 or smaller. Primary reinforcing for columns and retaining walls, which require splicing as a result of the lowering of footings, shall be spliced at the upper end of the TS -310-5 Copyright © 1998 Crafton, Tull & Associates, Inc. I I I I II ' 310.08 original bars. Required lengths of splices for primary reinforcing shall be obtained from the Bridge Engineer. In lapped splices, the bars shall be placed in contact and fastened together in such a manner as to maintain the minimum distance to the surface of the concrete as shown on the Plans. Welding of reinforcing steel shall be done only if detailed on the Plans or if authorized in writing by the Engineer. Sheets of wire fabric or bar mat reinforcement shall overlap each other sufficiently to maintain a uniform strength and shall be securely fastened at the ends and edges. The lap shall be not less than one space of wire fabric or bar. 310.09 SUBSTITUTIONS: Bar size substitutions will be permitted only with specific authorization by the Engineer. The substituted bars shall have an area equivalent to or larger than the design area. 310.10 METHOD OF MEASUREMENT: Steel reinforcement incorporated in the concrete will be measured in pounds based on the total computed weight for the sizes and lengths of bars, wire fabric, or mats shown on the Plans or revised by the Engineer. The quantities shown on the Plans will be considered as the final ' quantities and no further measurement will be made unless, in the opinion of the Engineer or upon evidence furnished by the Contractor, substantial variations exist between quantities shown on the Plans and actual 'quantities due to changes in alignment or dimensions or to apparent errors. Epoxy coated reinforcing steel will be measured by the pound, based on the theoretical number of pounds calculated on the nominal weight before application of the epoxy coating materials. No allowance will be made for the epoxy coating material, the coating process, accessories, or the testing required by the Manufacturer or applicator as specified above. The weight of wire fabric will be computed from the theoretical weight of plain wire. If the weight per square foot is given on the Plan, that weight ' will be used. 1 TS -310-6 ' Copyright© 1998 Crafton, Tull & Associates, Inc. I I 1 1 I 1 1 Bar No. 3 4 5 6 7 8 Weight .376 .668 1.043 1.502 2.044 2.670 (lbs. per lin. ft.) Bar No. 9 10 11 14 18 Weight 3.400 4.303 5.313 7.65 13.60 (lbs. per Iin. ft.) The weight of plain bars will be computed from the theoretical weight of plain round bars of the same nominal size as shown in the following table: Bar Size 1/4" 3/8" 1/2" 5/8" 3/4" 7/8" 1" Weight .167 .376 .668 1.043 1.502 2.044 2.670 (lbs. per lin. ft.) If bars are substituted at the Contractor's request, and as a result, more steel is used than specified, only the amount specified will be measured for payment. When laps are made from splices other than those shown on the Plans, for the convenience of the Contractor, the extra steel will not be measured for payment. TS -310-7 Copyright© 1998 Crafton, Tull & Associates, Inc. I I I I I I I ITEM 1901 CONCRETE CURB AND GUTTER 1901-1.1 DESCRIPTION This item shall consist of the construction of concrete curb and gutter in accordance with these specifications and in conformity with the locations, lines and grades shown on the plans or as directed. 1901-2.1 MATERIALS: The cement, aggregates and water shall meet the requirements of Division 3. 1901-3.1 CONSTRUCTION METHODS: All curb and gutters shall be six (6) inch by twenty-four (24) inch Portland Cement Concrete with six inch (6") vertical or roller type curb. All curb and gutters shall be 3,000 PSI Class B(AE) Portland Cement Concrete at twenty-eight (28) days. Contraction joints shall be sawn one and one half (1-1/2) inches in depth, shall be spaced at twenty (20) foot maximums and three quarter (3/4) inch felt expension joints shall be spaced at one hundred (100) foot maximums. The expansion joints shall extend through the curb and gutter for the full depth. Contraction joints and expansion joints shall align with the joints in any adjacent sidewalk. All sawn joints shall be completed within twenty-four (24) hours of placing the concrete. Curb and gutters shall be placed on a firm unyielding subgrade to the ' lines and grades as established by the Engineer. Forms shall be of metal or wood, free from warp and of sufficient strength to resist springing ' during the process of depositing concrete. The forms shall be securely staked, braced, set and held firmly to the required line and grade. All forms shall be cleaned and oiled before concrete is placed against them. I I I I Completed curb and gutters shall be cured with a white pigmented membrane or wet burlap for seventy-two (72) hours. All exposed concrete surfaces shall be covered and cured. TS -1901-1 ' Copyright © 1998 Grafton, lull & Associates, Inc. I •I Upon completion of all work on the project, the Contractor shall pick up all ' debris and refuse caused by his operations. He shall blade the area behind the curbs and sweep the street surface as necessary to leave the project in a neat and presentable condition. All areas outside the street ' right-of-way disturbed by his operations shall also be bladed smooth. The cost of this clean up shall be included with the price paid for curb and gutter. 1 1901-4.1 BASIS OF PAYMENT: I Concrete curb and gutter shall be paid for at the contract unit price per linear foot. I L I I I I I I I I TS -1901-2 I Copyright © 1998 Crafton, Tull & Associates, Inc. I I L I I I I I L ITEM 1904 - CLASS 7 STONE BASE COURSE 1904-1.1 DESCRIPTION: This item shall consist of a foundation for surface courses or pavement. It shall be constructed on the prepared subgrade in accordance with these specifications, and in substantial conformity with the line grades, compacted thickness and typical cross section shown on the plans. 1904-2.1 MATERIALS: This material shall consist of crusher run stone or a mixture of crushed stone and natural fines uniformly mixed and so proportioned as to meet all the requirements hereinafter specified, with the further provision that a mixture of crushed stone and natural fines shall contain not less than 90% crusher produced material. The stone shall be hard and durable with a percent of wear by the Los Angeles Test (AASHTO T 96) not greater than 45. For the purpose of this specification, shale and slate are not considered to be stone. The material furnished shall not contain more than 5% by weight of shale, slate and other deleterious matter. Base course material shall be crushed stone conforming to the following gradation requirements: Retained on 1-1/2" sieve - 0 Retained on 3/4"sieve - 10-50% Retained on #4 sieve - 50-75% ' Passing #40 sieve - 10-30% Passing #200 sieve - 3-10% ' The fraction passing the No. 200 sieve shall not be greater than two-thirds the fraction passing the No. 40 sieve. The fraction passing the No. 40 sieve shall have a liquid limit not greater than 25 and a plasticity ' index not greater than 6. When it is necessary to blend two or more materials, each material shall be proportioned separately through mechanical feeders to insure uniform production. Premixing or blending in the pit to avoid separate feeding will ' not be permitted. The blending of materials on the roadway in order to obtain a mixture that will comply with the above requirements will not be permitted. ' TS -1904-1 I. Copyright© 1998 Crafton, Tull & Associates, Inc. I I 1904-3.1 CONSTRUCTION METHODS: The base course shall only be placed on a subgrade that has been prepared in accordance with preceding specifications. Base course ' material shall not be placed on a frozen subgrade. The base course shall be compacted by any satisfactory method that will • obtain the density herein specified. The crushed stone shall be maintained at optimum moisture during the mixing, spreading and compacting operations, water being added or the material aerated as may be necessary. The specified grade and section shall be maintained by blading throughout the compaction operation. The Class 7 base shall be ' moistened to optimum water content (verified by laboratory test results) and rolled and compacted to ninety-five (95%) percent modified proctor density as determined by AASHTO T-1 80 and must have a plasticity index of 6 or less. Density testing shall be done upon installation of the subbase. The compacted base course shall be tested for depth and any deficiencies corrected by scarifying, placing additional material, mixing, reshaping and recompacting to the specified density, all as directed by the Engineer. If the required compacted depth of the base course exceeds 6 inches, the ' base shall be constructed in two or more layers of approximate equal thickness. The maximum compacted thickness of any one layer shall not exceed 6 inches. When vibrating or other approved types of special ' compacting equipment are used, the compacted depth of a single layer of the base course may be increased to 8 inches upon approval. ' 1904-3.2 BASE DEPTH: The completed base shall have a thickness as shown on the Plans. 1904-4.1 BASIS OF PAYMENT: Class 7 base shall be paid for at the contract unit price per ton. I I I TS -1904-2 I Copyright © 1998 Grafton, Tull & Associates, Inc. 1904-4.1 TESTING AND MATERIAL REQUIREMENTS: Test and Short Title Material and Short Title AASHTO T 180 - Density AASHTO T 96 -Los Angeles Test TS -1904-3 Copyright © 1998 Crafton, Tull & Associates, Inc. t1926.606 29 CPR Ch. XVII (7-1-92 Edition) I I I • (6) Obstructions shall not be laid on or across the gangway. • (7) The means of access shall be ade- quately illuminated for its full length. (8) Unless the structure makes it im-. possible, the means .of access shall be so located that the load will not pass over employees. (c) Working surfaces of barges. (1) Employees shall not be permitted to walk along the sides of covered light- ers or barges with coarnings more than 5 . feet high, unless there is a 3 -foot clear walkway, or a grab rail, or a taut handline is provided. • (2) Decks and other working sur- faces shall be maintained in a safe • condition. (3) Employees shall not be permitted to pass fore and aft, over, or around deckloads, unless there is a safe pas- sage. (4) Employees shall not be permitted to walk over deckloads from rail to = coaming unless there is a safe passage. ;If. it is necessary to stand at the out- board or inboard edge of the deckload • where less than 24 inches of bulwark, • rail, coaming, -or other protection exists, all employees shall be provided • with a suitable means of protection against falling from the deckload. (d) First -aid and lifesaving equip- ment- (1) Provisions for rendering first aid and medical assistance shall be in accordance with Subpart D of this part. (2) The employer shall ensure that there is in the vicinity of each barge in use at least one U.S, Coast Guard -ap- proved 30 -inch lifering with not less than 90 feet of line attached, and at least one portable or permanent ladder which will reach the top of the • apron to the surface of the water. If the above equipment is not available at the pier, the employer shall furnish it during the time that he is working the barge. (3) Employees walking or working on the unguarded decks of barges shall be protected with U.S. Coast Guard -ap- proved work vests or buoyant vests. (e) Commercial diving operations. .Commercial diving operations shall be subject to subpart T of part 1910, §§ 1910.401-1910.441, of this chapter. (39 FR 22801, June 24, 1974, as amended at 42 FR 37674, July 22, 1977) § 1926.606 Definitions applicable to this subpart. - (a) Apron —The area along the wa- terfront edge of the pier or wharf. (b) Bulwark. -The side of a ship above the upper deck. (c) Coaming-The'raised. frame, as around a hatchway _ in the deck, to keep out water. - -i - (d) Jacob's. ladder —A marine ladder of rope or chain with wooden or metal rungs. (e) Rail, for the purpose of § 1926.605, means a light structure serving as a guard at the outer edge of a ship's deck. _ Subpart P=Excavations AvrxoRrrr. Sec, 107, Contract Worker Hours and Safety Standards Act (Construc- tion Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No, 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736), as ap- plicable, and 29 CPR part 1911. SovxcE: 54 PR 45959, Oct, 31, 1989, unless otherwise noted. § 1926.650 Scope, application, and defini- tions applicable to this subpart (a) Scope and application. This sub- part applies to all open excavations made in the earth's surface. Excava- tions are defined to include trenches. (b) Definitions applicable to this subpart - Accepted engineering practices means those requirements which are compatible with standards of practice required by a. registered professional engineer. Aluminum Hydraulic Shoring means a pre-engineered shoring system com- prised of aluminum hydraulic cylin- ders (crossbraces) used in conjunction with vertical rails (uprights) or hori- zontal rails (walers). Such system is designed, specifically to support the sidewalls of an excavation and prevent cave-ins. • Bell-bottom pier hole means a type of shaft or footing excavation, the bottom of which Is made larger than the cross section above to form a belled shape. 218 Occupational Safety and Health Admin., Labor § 1926.650 Benching (Benching system) means a . method of protecting employees • ,._.from cave-ins by excavating the sides an excavation to form one or a ;'.series of. horizontal levels or steps, .usually with vertical or near -vertical surfaces between levels. ..Cave-in means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or sup- port system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so :7rthat it could entrap, bury, or other- wise injure and immobilize a person. Competent person means one who is . capable of identifying existing and predictable hazards in the' surround- ings, or working conditions which are unsanitary, hazardous, or dangerous to. employees, and who has authoriza- tion to; take prompt corrective meas- �.cures to eliminate them. Cross , braces mean the horizontal members•of a shoring system installed perpendicular to the sides of the exca- vation, the ends of which bear against. either uprights or wales. Excavation means any man-made cut, cavity, trench, or depression in an earth surface, formed by earth remov- al 4 Faces or sides means the vertical or inclined earth surfaces formed as a result of excavation work. . Failure means the breakage, dis- placement, or permanent deformation. of a structural member or connection so'as to reduce its structural integrity and its supportive capabilities. - Hazardous atmosphere means an at- mosphere which by reason of being ex- plosive, flammable, poisonous, corro- sive, oxidizing, irritating, oxygen defi- bient, toxic, or otherwise harmful, may cause death, illness,. or injury. Sickout means- the accidental re- • lease or failure of a cross brace. Protective system means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an ex- cavation, or from the collapse, of adja- cent structures. Protective systems in- clude support: systems, sloping and .benching systems, shield systems, and other systems that•provide the neces- sary protection. Ramp means an inclined walking or working surface that is used to gain access to one point from another, and is. constructed from earth or from structural materials such as steel or, wood. Registered Professional. Engineer means a person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, reg- istered in any state is deemed to be a "registered professional engineer" within the meaning of this standard when approving designs for "manufac- tured protective systems" or "tabulat- ed data" to be used in interstate com- merce. Sheeting means the members of a shoring system that retain the earth in position and in turn are supported by. other. members of the shoring system. Shield (Shield system) means a structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent . structures or can be designed to be portable and moved along as work pro- gresses. Additionally, shields . can. be either premanuiactured or job -built in accordance with § 1926.652 (c)(3) or (c)(4). Shields used in trenches are usually referred to as "trench boxes" or "trench shields." • Shoring (Shoring system) means a structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excava- tion and which is designed to. prevent cave-ins. Sides. See "Faces." Sloping (Sloping system) means a method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away from the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with differ- ences in such factors as the soil type, environmental -conditions of exposure, and application of surcharge loads. Stable rock means natural solid min- eral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the ex - f 1 I I I I El I I I I I C I I I I 219 :.. § 1926.651 29 CFR Ch. XVII (7-1-92 Edition) 1 1 E I I C cavation is secured against caving -in or stallations, such as sewer, telephone, movement by rock bolts or by another fuel, electric, water lines, or any other protective system that has been de- underground installations that reason. signed by a registered professional en- ably may be expected to . be encoun- _ gineer. a-' • teredi curing excavation work, shall be •._ . 4 Structural ramp means a ramp built determined prior to- opening an exca- of steel or wood, usually used for vehi- vation. cle access. Ramps made of soil or rock (2) Utility companies or owners shall are not considered structural ramps, be contacted within established or cus- Support system means a structure tomary local response times, advised such as underpinning, bracing, or.. of the proposed work, and asked to es- •.>,: shoring, which provides support to an tablish the location of the utility un. adjacent structure,. underground in- derground installations prior to the stallation, or the sides of an excava- start of actual excavation. When utili- tion. ty companies or owners cannot re - Tabulated data means tables and spond to a request to locate under - charts ^ approved by a registered prof es ground utility installations within 24 sionai engineer and used to design and hours (unless a longer period is re- construct a protective system. Trench (Trench excavation) means a quired by state.or local law), or cannot == narrow excavation (in relation to its establish the exact location of these _" length) made below the surface of the " installations, the employer may pro- -.i$': "ground. -In general, the depth is great . teed,.. provided, the employer does so er than the width, but the width of a with caution, and provided detection trench (measured at the bottom) is equipment or other acceptable means not greater than 15 feet (4.6 m). If to locate utility installations are used. forms or other structures are installed proac(3) When excavation operations ap- or constructed in an excavation so as derground h the estimated location ae exact lo - to reduce the dimension measured cation ofinstallations, the le - from the forms or structure to the side cation of the installations shall be de - of the excavation to 15 feet (4.6 m) or termined by safe and acceptable less (measured at the bottom of the means• excavation), the excavation is also con- sidered to be a trench. Trench boz See "Shield." Trench shield. See "Shield." Uprights means the vertical mem- bers of a trench shoring system placed in contact with the earth and usually • ::; positioned so that individual members • do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called "sheeting." . Wales means horizontal members of a shoring system placed parallel to the • excavation face whose sides bear against the vertical members of the shoring system or earth. 1926.651 General requirements. (a) Surface encumbrances. All sur- • face encumbrances that are located so as to create a hazard to employees shall be removed or supported, as nec- essary, to safeguard employees. (b) Underground installations. (1) The estimated location of utility in- (4) While the excavation is open, un- derground installations shall be pro- tected, supported or removed as neces- sary to safeguard employees. (C) Access and egress —(1) Structural ramps. (1) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be con- structed in accordance with the design. (ii) Ramps and runways constructed of two or more structural members shall have the structural members connected together to prevent . dis- placement, (iii)" Structural members used for ramps and runways shall be of uni- form thickness. (iv) Cleats or other appropriate means. used to connect runway struc- tural members shall be attached to the bottom of the runway or shall be at - 220 Occupational Safety and Health Admin., Labor • '.-. r:.. torched in a manner to . prevent trip- ping. (v) Structural ramps used in lieu. of :..steps shall be provided with cleats or 'Yf. other surface treatments on the top •" s surface to prevent slipping. • (2) Means of egress from trench exca- 'Mrr':vations. A stairway, ladder, ramp or .YTh�ther safe means of egress shall be lo - dated in trench excavations that are 4 feet (1.22.m) or more in depth so as to 'require no more than 25 feet (7.62 m) `: of lateral travel for employees. (d) Exposure to vehicular traffic. Employees exposed to public vehicular • traffic shall be . provided with, and • shall wear, warning vests or other suit- able. garments marked with or made of • reflectorized or high -visibility materi- + Ce) Exposure to falling loads. No em- ployee shall be permitted underneath •'loa'ds handled by lifting or digging equipment. Employees shall be re- .cquired to stand away from any vehicle being loaded or unloaded to avoid a_:.being struck by any spillage or falling "materials. Operators may remain in • "the cabs of vehicles being loaded or _a unloaded when the vehicles are • equipped, " in accordance with § 1926.601(b)(6), .to provides adequate protection. for the operator during loading and unloading operations. (f) Warning system for mobile equip- ment. When mobile equipment is oper- ated adjacent to an excavation, or when. such equipment is required to .. approach the, edge of an excavation,, • and the operator does not have a clear ,` and .direct view of the edge of the ex- .cavation,. a warning system shall lie 'TTutilized such as barricades,, hand or mechanical signals, or stop logs. If pos- sible, the grade should be away from the excavation. (g) Hazardous atmospheres —(1) Testing and controls. In addition to the requirements set forth in subparts D and E of this part (29 CFR 1926.50- 1926.107) to prevent exposure to harmful levels of atmospheric con- taminants and to assure acceptable at- mospheric conditions, the following re- quirements shall apply.. •r.(i) Where oxygen deficiency (atmos- pheres containing less than 19.5 per - .cent oxygen) or a hazardous atmos- phere exists or could reasonably be ex- § 1926.651 t pected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before em- ployees enter excavations greater than 4 feet (1.22 m) in depth. (ii) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions in- clude providing proper respiratory protection or ventilation in accordance with subparts D and E of this part re- spectively, (iii) Adequate precaution shall. be taken such as providing ventilation, to prevent employee exposure to an at- mosphere containing a concentration of a flammable gas in excess of 20 per- cent of the lower flammable limit of the gas. (iv) When controls are used that are intended to reduce the level of atmos- pheric contaminants . to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe. (2) Emergency rescue equipment: (i) Emergency rescue equipment, such as breathing apparatus, a: safety harness and line, or a basket stretcher, shall be readily available where hazardous at- mospheric conditions exist or may rea- sonably be expected to develop during work in an excavation. This equipment shall be attended when in use. (ii) Employees entering bell-bottom pier holes; or other similar deep and confined footing excavations, shall wear a harness with a life -line securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall be individually at- tended at all times while the employee wearing the lifeline is in ,the excava- tion. - (h) Protection from hazards associ- ated with water accumulation. (1) Em- ployees shall not work in excavations in which there is . accumulated water, or in excavations in which water is at - cumulating,, unless adequate precau- tions have been taken to protect em- ployees against the hazards posed by water. accumulation. The precautions necessary to protect employees ade- quately vary with each situation, but I I I I. I. L I L I I L I Ti 221 § 1926.651 29 CFR Ch. XVI1 (7-1-92 Edition) I I I 1 I I I 1 1 • could include special support or shield systems to . protect from cave-ins, water removal to control the level of - accumulating• water, or use, of a safety harness and lifeline. :(2) If water.is'controlled or"prevent- ed =from accumulating by. the use of water removal equipment; the ' water removal , equipment and operations " shall be monitored by a competent person to"ensure proper operation. (3) If excavation work interrupts the natural drainage ' of surface water (such as streams), diversion ditches, dikes, or other suitable means shall be used to prevent surface water from en- tering the excavation and to provide adequate drainage bf the area adja- cent to the excavation. Excavations • subject to runoff from heavy rains will require an inspection by a competent person and compliance with pa - graphs (h)(1) and (h)(2) of this sec- tion. (1) 'Stability of adjacent structures. • (1) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, brac- ing, or underpinning shall be provided to ensure the stability of such struc- tures for the protection of employees. (2) Excavation below the level of the base or footing of any foundation or retaining wall that could be reason- ably expected to pose a hazard to em- ployees shall not be permitted except when: (i) A support system, such as under - Pinning, is provided to ensure the safety of employees and the stability of the structure; or (ii) The excavation is in stable rock; or (iii) A registered professional engi- neer has approved the determination that the structure is sufficently re- - moved from the excavation so as to be unaffected by the excavation activity; or •. (iv) A registered: professional engi- neer has approved the determination that such excavation work will not pose a hazard to employees.: (3) Sidewalks, pavements, and appur- tenant structure shall not be under- mined unless a support system or an- other method of protection is provided. . to protect employees from the possible collapse of such structures. U) Protection of employees from. loose.rock or soiL (1) Adequate protec- tion `shall be provided to protect em- ployees from loose rock or soil that could pose a hazard by falling or roll- ing from an excavation face. Such pro- tection shall consist, of scaling to remove loose material; installation of protective barricades at intervals as necessary on the face to stop and con- tain falling material; or -other means • that provide equivalent protection. '(2) Employersshall be protected from excavated 'or other materials or • equipment that could pose a hazard by falling or rolling into excavations. Pro- tection shall be' provided by placing and keeping such materials or equip- ment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are. sufficient to prevent materials or equipment from falling or rolling into excavations, .or by a combination of both if necessary. (k) Inspections. (1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a sit- uation that could result in possible cave-ins, indications of failure of pro- tective systems, hazardous atmos- pheres, or other hazardous conditions. An inspection shall be conducted by the competent person . prior to the start of work and as needed through- out the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only . required when employee exposure can be reasonably. anticipated. (2) Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, haz- ardous atmospheres, or other hazard- ous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken .to ensure their safety. Cl) Fall protection. (1) Where em- ployees or equipment are required or permitted to cross over excavations, walkways or bridges with standard guardrails shall be provided. • - 222 Occupational. Safety and Health Admin., Labor (2) Adequate barrier physical protec- tion shall be provided at all remotely located excavations. All wells, pits, shafts, etc., shall be barricaded or:cov- ered.. Upon completion of. exploration and similar operations,. :temporary wells, pits, shafts, etc., shall be • back- filled. ". • § 1926.652 Requirements for ' protective systems. `(a)Protection of employees. inexca- vations. (1) Each. employee in an exca- vation shall be protected from cave-ins by an adequate protective system de- signed in accordance with paragraph (b) or (c) of this section except when: (i) Excavations are made entirely in stable rock; or (il) Excavations are less than 5 feet (1.52m) in depth and examination of they. ground by a competent person provides no indication of a potential cave-in. . (2) Protective systems shall have the capacity to resist without failure all loads that are intended or could rea- sonably be expected to be applied or transmitted to the system. (b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the em- ployer or his designee and shall be in accordancewiththe requirements of paragraph (b)(1); or, in the alterna- tive, paragraph (b)(2); or, in the alter- native, paragraph (b)(3), or, in the al- ternative, paragraph (b)(4), as follows: (1) Option (1) —Allowable configura- tions and slopes. (i) Excavations shall be sloped at an angle not steeper than onei and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below. (11) Slopes specified in paragraph (b)(1)(i) of this section, shall be exca- vated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix .B to this subpart. (2) Option .(2) —Determination of slopes and configurations using Ap- pendices A and B. Maximum. allowable slopes, and allowable configurations for:; . sloping . and . benching . systems,. shall, be determined. In accordance with the conditions and requirements §,1926.652 set forth in appendices A and B to this subpart. (3) Option (3) —Designs. using other tabulated data. (i)Designs of sloping or benching systems. shall be selected from and be in. accordance, with tabu- lated data, such as tables and charts. (ii) -The tabulated data shall be; in written form and shall, include all, of the following: (A),Identification of, the parameters that. affect the selection of a sloping or benching system drawn from such data; • (B) Identification of the limits of use of the data, to include the magnitude and configuration of slopes deter- mined to. be safe; (C) Explanatory information as may be necessary to aid the user in making a correct -.selection of a protective system from the data. (iii) At least one copy of the tabulat- ed data which identifies the registered professional engineer who . approved the data, shall be maintained at the jobsite during construction of the pro- tective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made avail- able to the Secretary upon request. • (4) Option (4) —Design by. a regis- tered professional engineer. (i) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under paragraph (b) of this section shall be approved by a registered pro- fessional engineer. (ii) Designs shall be in written form and shall include at least the follow- ing: (A) The magnitude of the slopes that were determined to be safe for the particular project; (B) The configurations that were de- termined to be safe for the particular project; and (C) The Identity of the registered professional engineer approving the design. (iii) At least one copy of the design shall be maintained at the Jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Secretary upon request. (c) Design of support` systems, shield systems, and other protective systems. I L 1 I I I I n I I LI I 223 § 1926:652 :29 CFR•Cb. XVH- 7-1-92Edftlon) I [1 I I I I Designs .of support -systems shield sys- terns, and other protective systems shall be. selected and -constructed -by the employeroorhis designee and shall be -in •accordance with the -require- ments .of,piragraph (c)(i); or. in =the • alternative,'paragraph (c)(2); or, inthe alternative, paragraph (a)(3); or, in the alternative, -paragraph (c)(4)> . as fol- lows: (1) Option (1) —Designs uring'appen- dices A, C and D. Designs for timber shoring in -trenches shall be .deter- mined in accordance with the condi- tions and requirements set forth in ap- pendices A and C to this subpart. be - signs for aluminum hydraulic shoring shall be in accordance with paragraph • (c)(2) of this section, but if manufac- turer's tabulated data cannot be uti- lized, designs shall be in accordance with appendix D. (2) Option (2) —Designs Using Manu- facturer's Tabulated Data. (i) Design of support systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all specifications, recommendations, and limitations issued or made by the man- ufacturer. (ii) Deviation from the specifica- tions, recommendations, and limita- tions issued or made by the manufac- turer shall only be allowed after the manufacturer issues specific written approval. (iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate - from the specifications, recommenda- tions, and limitations shall be in writ- ten form at the jobsite during con- struction of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available, to the Secretary upon request. (3) Option (3) Designs using other tabulated data: U) Designs of support systems, shield systems, or other pro- tective systems shall be selected from and be in accordance with tabulated data, such as tables and charts. (ii) The tabulated data shall be in written form and include all of the fol- lowing {A) Identification:of the parameters that affect the selection of a protec- tive system drawn from such .data; (B),Identification 'of the limits .of use of .the`aata; (C) Explanatory information as -may • be•necessary to aid -the user in. -making -a •correct selection 'of a :protedtive system from the data. • (iii) At least one ropy of:-tiie.tabuiat- •�ed data, which identifies the regis- tered professional engineer who ap- proved the data, shall be maintained at the jobsite during construction -n€- the.protective system. After that time the data may be stored off.the jobsite, but a copy of the data shall be made available to the Secretary upon re- quest. . (4) Option (4) —Design by a regis- tered professional, engineer. (i) Sup- port . systems, . shield systems, and other, protective- systems not utilizing Option 1, Option 2 or Option 3, above, shall be approved by a registered pro- fessional engineer. (ii) Designs shall be in written form and shall include the following. (A) A plan indicating the sizes, types, and configurations of the mate- rials to be used in the protective system; and (B) The identity of the registered professional engineer approving the design. (iii) At least one copy of the design shall be maintained at the jobsite during construction of the protective system. After that time, 'the design may be stored off the jobsite, but a copy of the design shall be made avail- able to the Secretary upon request. (d) Materials and equipment. (1) Ma- terials and equipment used for protec- tive systems shall be free from damage or defects that might impair their proper function. (2) Manufactured materials and equipment used for protective systems shall be used and maintained in a manner that is consistent with the rec- ommendations of the manufacturer, and in a manner that will prevent em- ployee exposure to hazards. (3) When material or equipment that is used for protective systems is damaged, a competent person shall ex= amine the material or 'equipment and evaluate its suitability for continued 224 is Occupational Safety and Health Admin., Labor use. If the competent person cannot •r, assure. the material or equipment is able to support the intended loads or •--is otherwise suitable for safe use; then such material or equipmentshall be removed.. from service, ' and shall be evaluated; and approved by a regis- • td1 professional engineer before being returned to service.. _f(e)-Instaliation.and_ removal of sup- • port—(1)-GeneraL (i) Members of sup- port systems shall be securely connect- edtogether to prevent sliding, falling, kickouts, or other predictable failure. (ii) Support systems shall be in • stalled and removed in a manner that 'protects employees from cave-ins, structural collapses, or from being struck by members of the support • system... ='- (iii) Individual members of support • 'systems shall not be subjected to loads `exceeding those which those members_ were. designed to withstand. (iv) Before, temporary removal of in- dividual -members begins,• additional precautions shall be to ensure the safety of employees, such as in- stalling other structural members to carry the loads imposed on the sup- port system. • (v) Removal - shall begin at, and progress from, the bottom of the exca- vation. Members shall be released slowly so as to note any indication of • possible failure of the remaining mem- bers of the structure • or possible cave- in of the sides of the excavation. (vi) Backfilling shall progress to- gether with the removal of support systems from excavations. (2)T`Additional requirements for sup- port systems for trench excavations. (i) Excavation of material to a level no greater than 2 feet (.61 m) below the • bottom of the members of a support system shall be permitted, but only if the: system is designed to resist the forces calculated for the full depth of the trench, and there are no indica- tions while the trench is open of a pos- sible loss of soil from behind or below the bottom of the support system. (ii) Installation of a support system shall be closely coordinated with the excavation of trenches. (f).. Sloping - and: 'benching. systems. Employees shall not be permitted to work on the faces of sloped or benched Subpt. P, App. A I excavations at levels above other em- ployees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment. (g). Shield systems=-(1):GeneraL (i) Shield systems shall not be subjected to loads- exceeding those which the system was designed to withstand. (ii) Shields shall be installed in a manner to restrict lateral - or other hazardous movement of the shield in the event of the application of sudden lateral loads. (iii) Employees shall be protected from the hazard of cave-ins. when en- tering or exiting the areas protected by shields. I (iv) Employees shall not be allowed in shields when shields are being in- stalled, removed, or moved vertically. (2) Additional requirement for shield systems used in trench excavations. Excavations . of earth. material to a level not greater than 2 feet (.61 m) below the bottom of a shield shall be permitted, but only if the shield is de- signed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield. APPENDIxA To SUBPART P -SOIL CLASSIFICATION (a) Scope and application —(1) Scope. This appendix describes a method of classifying soil and rock deposits based on site and envi- ronmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth re- quirements, and describes acceptable visual and manual tests for use in classifying soils. (2) Application. This appendix applies when a sloping or benching system is de- signed in accordance with the requirements set forth -in § 1926.652(b)(2) as a method of protection for employees from cave-ins. This appendix also applies when timber shoring. _ for excavations is designed as a method of protection from cave-ins in ac- cordance with appendix C to subpart P of part 1926, and when aluminum hydraulic shoring: is designed in accordance with ap- pendix D. This Appendix also applies if other protective systems are designed and selected br use from data prepared in ac- cordance with the requirements set -forth in § 1926.652(c), and the use of the data is 25 I L L I I Subpt. P, App. A predicated on the use of the soil classifica- tion system set forth In this appendix. (b) Definitions. The definitions and exam- ples given below are based on, in whole or in part, the. following:. American Society for TestingMaterials (ASTM) Staiid"ards D653- 85, and D2488;, The Unified Soils Classifica- tion System,.The.u.S. Department of Agrl- • ciilture: (USDA) Textural Classification • Scheme-, and The National Bureau of Stand- ards Report BSS -121. Cein rated soil means a.'soll in which the particles are held together by a chemical agent, such as calcium carbonate, such that a_ hand -size sample cannot be crushed into powder or individual soil particles by finger pressure. Cohesive soil means clay (fine grained :soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical sideslopes, and is plastic when moist. Cohe- sive soil is hard to break up when dry, and exhibits significant cohesion when sub- merged. Cohesive soils include clayey silt, sandy clay, silty clay, clay and organic clay. Dry soil means soil that does not exhibit visible signs of moisture content. -, Fissured means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits open cracks, such as tension cracks, in an exposed surface. Granular soil means gravel, sand, or silt, (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered system means two or more dis- tinctly different soil or rock types arranged in- layers. Micaceous seams or weakened planes in rock or shale are considered lay- ered. Moist soil means.a condition in -which a _soil_ looks and feels damp. Moist cohesive_ soil can easily be shaped into a ball and rolled Into small diameter threads before crumbling. Moist granular soil that contains some cohesive material will exhibit signs of cohesion between particles. Plastic means a property of a soil which allows the soil to be deformed or molded without cracking, or appreciable volume change. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. Saturation, or near satura- tion, is necessary for the proper use of in- struments such as a pocket penetrometer or 'sheer vane. `' So₹l class cation system means, for the purpose of this subpart, a method of catego- rizing. soil and rock deposits in a hierarchy of Stable Rock,. Type A, Type B, and Type C. In decreasing order of stability. The cate- 29 CFR Ch. XVII (7-1-92 Edition) gorses are determined based on an analysis of the properties and performance charac- teristics of the deposits and the environ- mental conditions of exposure. Stable;prock means natural solid mineral matter that can be excavated with vertical sides and remain intact while exposed. .. Submerged soil means soil which is under- water or is free seeping. Type A means cohesive soils with an un- confined compressive strength of 1.5 ton per square foot (tsf) (144 kPa) or greater. Exam- ples of cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some cases, silty clay loam and sandy clay loam. Ce- mented soils such . as caliche and hardpan are also considered'Type A. However, no soil is Type A if: Ii) The soil is fissured; or (ii) The soil is subject to vibration from heavy traffic, pile driving, or similar effects; or (hi)- The soil has been previously dis- turbed; or • (iv) The soil is part of. a sloped, layered • system where the layers dip into the excava- tion ona slope of four horizontal to one ver- tical (4H:1V) or greater, or (v) The material is subject to other factors that would require it to be classified as a less stable material. Type B means: (i) Cohesive soil with an unconfined com- pressive strength greater than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or. . (ii) Granular cohesionless soils including. angular gravel (similar to crushed rock), silt, silt loam, sandy loam and, in some cases, silty clay loam and sandy clay loam (iii) Previously disturbed soils except those which• would otherwise be classed as Type C soiL (iv) Soil, that meets the unconfined com- pressive strength or . cementation require- ments for Type A. but is fissured or subject to vibration; or (v) Dry rock that is not stable; or (vi) Material that is part of a sloped, lay- ered system where the layers dip into the excavation on a slope less steep than four horizontal to one vertical (4H:1V), but only if the material would otherwise be classified as Type B. Type C means: - (i) Cohesive soil with an unconfined com- pressive strength of 0.5 tsf (48 kPa) or less; or (ii) Granular soils including gravel, sand, and loamy sand; or (iii) Submerged soil or soil from which water is freely seeping; or (iv) Submerged rock that is not stable/or (v) Material in a sloped, layered system where the layers dip into the excavation or a slope of four horizontal to one vertical (4H:1V) or steeper. 226 €;Occupational Safety and Health Admin., Labor Subpt. P, App. A Unconfined compressive strength means the; load per unit area at which a soil will :. fail in compression. It can be determined by laboratory testing, or estimated in. the field using a pocket penetrometer, by thumb pen- etration tests, and other methods.. - Wet soil means soil that contains signifi- • cantly more moisture than moist soil, but in such a range of values that cohesive materi- al will slump or begin to flow when vibrated. Granular material that would exhibit cohe- rsipe:.properdes when moist will lose those ti cohesive properties when wet. Requirements —(1) Classification of soil and rock deposits. Each soil and rock deposit shall be classified by a competent person as Stable Rock, Type A, Type B, or Type C in accordance with the definitions set forth in paragraph (b) of this -appendix. .(2)Basis of classification. The classifiea- tion of .the deposits shall be made based on the results of at least one visual and at least one manual analysis. Such analyses shall be conducted by a competent person using tests described in paragraph (d) below, or in other:.recognized methods of soil classifica- tiont and testing such -as those 'adopted by the "America Society for Testing Materials, or the U.S. Department of Agriculture tex- `: tural classification system. (3) Visual and manual , analyses. The _ - visual and .manual analyses, such as those • noted as being acceptable in paragraph (d) of'this appendix, shall be designed and con- ducted to provide sufficient quantitative . and qualitative information as may be nec- "essary to identify properly the properties, •factors; and conditions affecting the classifi- • cation of the deposits. (4) Layered systems. In a layered system, ..the system shall be classified in accordance with its weakest layer. However, each layer m•ay be classified individually where amore stable layer lies under a less stable layer. (5)Reclassification.• If, after classifying a deposit, the properties, factors, or condi- tionsaffecting its classification -change in any way, the changes shall be evaluated by a competent person. The deposit shall be re- classified as necessary- to reflect the changed circumstances. (d)Acceptable visual and manual tests. — (1) Visual tests. Visual analysis is conducted to determine qualitative information regard- ing'the excavation site 'in general, the soil adjacent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated mate- rial. - . (i) Observe samples of: soil that are exca- vated and soil in the sides of the excavation. Estimate the range of particle sizes and the relative amounts of the particle sizes. Soil that. Is primarily composed of fine-grained material is cohesive material Soil composed Primarily of coarse -grained sand or gravel is granular material. . . (11) Observe soil as it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay in clumps Is granular. (III) Observe the side of the opened exca- vation and the surface area adjacent to the excavation. Crack -like Openings such as ten- sion cracks could indicate fissured material. If chunks of soil spa i off a vertical side, the soil could be fissured. Small spells are evi- dence of moving ground and are indications of potentially hazardous situations. (iv) Observe the area adjacent to the exca- vation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously dis- turbed soil. (v) Observe the opened side of the excava- tion to identify layered systems. Examine layered systems to identify if the layers slope toward the excavation. Estimate the degree of slope of the layers. (vi) Observe the area adjacent to the exca- vation and the sides of -the opened excava- tion for.- evidence of surface water, water seeping from the sides of the excavation, or the location of the level -of the water table. (vii) Observe the area adjacent to the ex- cavation and the area within the excavation for sources of vibration that may affect the stability of the excavation face. (2) Manual tests. Manual analysis of soil samples is conducted to determine quantita- tive as well as qualitative properties of soil and to provide more information in order to classify soil properly. (I) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as Vs -inch in diameter. Cohe- sive material can be successfully rolled into threads without crumbling. For example, if at least a two-inch (50 mm) length of Vs -inch thread can be held on one end without tear- ing, the soil is cohesive. (ii) Drystrength. If the soil is dry and crumbles on its own or with moderate pres- sure into individual grains or fine powder, it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up into smaller clumps, but the smaller clumps can only be broken up. with- difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unfissured: ' (ill) Thumb penetration. The thumb pene- tration test can be used to estimate the un- confined compressive strength of cohesive soils. (This test is based on the thumb pene- tration test described in American Society for Testing and Materials (ASTM) Standard designation D2488 —"Standard Recommend- ed Practice for Description of Soils (Visual - 227 L I I I L I. II I. C I I I Subpt. P, App. B 29 CFR Ch. XVI1 (7-1-92 Edition) I I I I I I I I Manual Procedure).") Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb; how- ever, they can be penetrated by the thumb only with very great effort. type C soils with: an unconfined compressive strength of 0.5 tsf can be easily penetrated several inches by the thumb, and can be molded by light finger pressure. This test should be conducted- on an undisturbed soil sample, such as a large clump of spoil, as soon as practicable after excavation to keep to a mi- minum the effects of exposure to drying in- fluences. If the excavation is later exposed to wetting influences Train, flooding), the classification of the soil must be changed ac- cordingly. (iv) Other strength tests. Estimates of un-. confined compressive strength of soils can also- be obtained by use of a pocket pene- trometer or by using a hand -operated shear - vane. (v) Drying test. The basic purpose of the drying test is to differentiate between cohe- sive material with fissures, unfissured cohe-.. sive:, material, and granular material. The procedure for the drying test involves drying a sample of soil that is approximate- ly one inch thick (2.54 cm) and six inches (15.24 cm) in diameter until it is thoroughly dry: (A) If the sample develops cracks as it dries, significant fissures are indicated. (B) Samples that dry without cracking are to be broken by hand. If considerable force is necessary to break a sample, the soil has significant cohesive material content. The soil can be classified as a unfissured cohe- sive material and the unconfined compres- sive strength should be determined. (C) If a sample breaks easily by hand, It is either a fissured cohesive material or a ... granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the ma- terial is cohesive with fissures. If they pul- verize easily into very small fragments, the material is granular. Arrmmix B TO SUBPART P -SLOPING AND BENCHING (a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protect- ing employees working in excavations from cave-ins. The requirements of this appendix apply when the design of sloping and bench - lug protective systems is to be performed in accordance with the requirements set forth in § 1926.652(b)(2). (b) Definitions. Actual°slope means the slope to which an excavation face is excavated. Distress means that the soil is in a condi- tion where a cave-in is imminent or is likely to occur. Distress is evidenced by such -phe- nomena as the development of fissures in the face of or adjacent to an open excava- tion; the subsidence of the edge of an exca- vation; the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation; the spall- ing of material from the face of an excava- tion; and ravelling, i.e., small amounts of material such as pebbles or little clumps of -.material suddenly separating from the face - of an excavation and :trickling or rolling down into the excavation. Maximum allowable slope means the steepest incline of an excavation face that is acceptable for the most favorable site condi- tions as protection against cave-ins, and is expressed as the ratio of horizontal distance .to vertical rise (H:V). Short term exposure means a period of • time less than or equal to 24 hours that an excavation is open. (c) Requirements —(1) Soil classification. Soil and rock deposits shall be classified in accordance with appendix A to subpart P of part 1926. (2) Maximum allowable slope. The maxi- mum allowable slope for a soil or rock de- posit shall be determined from Table B-1 of this appendix. (3) Actual slope. (i) The actual slope shall not be steeper than the maximum allowable slope. .. (ii) The actual. slope shall be less steep than the maximum allowable slope, when there are signs of distress- If that situation occurs, the slope shall be cut back to an actual slope which is at least 54 horizontal to one vertical (3H:1V) less steep than the maximum allowable slope. (iii) When surcharge loads from stored material or equipment, operating equip- ment, or traffic are present, a competent person shall determine the degree to which the actual slope must be reduced below the maximum allowable slope, and shall assure that such reduction is achieved. Surcharge loads from adjacent structures shall be eval- uated in accordance with § 1926.651(1). (4) Configurations. Configurations of slop- ing and benching systems shall be in accord- ance with Figure B-1. 1 228 NOTES: 1': Nu mbers shown in parentheses next toim aximu m allowable slopes are angles expressed in - -: tL degrees from the horizontal.. Angles have been rounded off. 2.A short-term maximum allowable slope of 1/2H:1V (63°). is allowed in - _�? excavations in Type A soil that'.are 12 feet (3.67 m) or less in depth.. Short-term maximum allowable slopes for -excavations greater than 12 : feet (3.67 m) in depth shall be 3/4H:1V (53°). - ,_ 3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. Figure B-1 Slope Configurations ' (All slopes stated below are in the horizontal to vertical ratio) B-1.1 Excavations made in Type A soil 1.;All simple slope excavation 20 feet or less in depth shall have a maximum allowable slope of. %:1. • 229 I i I I - I I I L I I i 1 1 1 -i 1 1 1 1 1 1 1 1 I 1 i Subpt. P; App. B 29 CPR Ch. XVII (7-1-92 Edition) 3/4 SIMPLE SLOPE —GENERAL Exception: Simple slope excavations which are open 24. hours or less (short term) and which are 12 feet or less in depth shall have a maximum allowable slope of 54:1. SIMPLE SLOPE —SHORT TERM 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 3 to 1 and maximum bench dimensions as follows: 230 - Occupdtiorial. Safety- and Health Admin., Labor Subpt. P, App: B _ SIMPLE BENCH .. �. 20' Max. , 1 5' Max. _ 3/4 i . ' Max. MIILTIPLE BENCH 3.:All excavations 8 feet or less in .depth which have unsupported vertically sided lower portions shall have a maximum vertical'side of 354 feet. Y•: 8' Max. 3i' Max. UNSUPPORTED VERTICALLY SIDED LOWER PORTION -MAXIMUM 8 FEET IN DEPTH All excavations more than 8 feet but not more than 12 feet in depth which unsupported vertically sided lower portions shall have a maximum allowable slope of 1:1 and a maximum vertical side of 3% feet. °;231• tSubpt. P, App. B 29 CFR Ch. XVII (7-1-92 Edition) UNSUPPORTED VERTICALLY SIDED LOWER PORTION -MAXIMUM 12 FEET IN DEPTH I All excavations 20 feet or less in depth which have vertically sided lower portions that are supported or shielded shall have a maximum allowable slope of %:1. The support or shield system must extend at least 18 inches above the top of the vertical side. I I Cl I I I I I 20' Max. p. 3/4 Min. Total height of vertical side • - `� SUPORTED OR SHIELDED VERTICALLY. SIDED LOWER PORTION...._._,: • 4. All other simple slope, compound slope, and vertically sided lower portion excavations shall be in accordance with the other options permitted under § 1926.652(b).. B-1.2 Excavations Made in Type B Soil 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1. SIMPLE SLOPE 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1 and maximum bench dimensions as follows: • 232 `�O`ccupational Scfety'arid"Health Admin., Labor Subpt. PApp. B This bench:alloved in-cohesive.salt only.. 20' Max. • 4 1 .x_ 1 4Max. F Mutrn'z s Bsrrca 3, All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable, slope of 1:1. 20' Max. Support. or shield system y r:. f—� 8" Min. Total height of vertical side I L L I I I 11 C 233 Subpt., P, App. B 29 CFR Ch. XV11 (T-1-92 Edition) I I VERTICALLY SIDED LOWER PORTION ;: 4: All other sloped excavations shall be in -accordance with the other options permitted in 4 1926.652(b). B-1.3 Excavations Made in Type C Soil I. ;LAll simple slope excavations 20_ feet or less in depth shall haveS a mar;,,um allowable slope of l °h:1. ; t..,.. .. 1 • ?0' Max. I 1l 1 7 I I I I I I C I .. SIMPLE SLOPE 2. All excavations 20 feet or less in depth which have, vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1':1. 20' Max. Support or shield system I lk ' Min. Total height of vertical side 1 234- r:..OcctipafionalkSafety'and Health Admin., Labor Subpt P App. B . VERTICAL SIDED LOWER PORTION Pzs , 3:=A : other sloped- excavations shall be in accordance with the other options permitted in 1926.652(b). B -M Excavations Made in Layered Soils 1r All excavations! 20. feet or less In depth made in• layered -soils shall have a maximum allowable slope for each layer as set forth below. 235 Subpt. P, App. C 29 CFR Ch. XVII'(7-1-92 Edition) C � 1 - B OVER C 2. All other sloped excavations shall be in accordance with the other options permitted in • § 1926.652(b). as sloping; benching, shielding. and freezing APPENDIX C' To SUBPART P=TIMBER systems must be designed in accordance SHORING FOR TiENCHES with the requirements set forth in § 1926.652(b) and § 1926.652(c). (a) Scope. This appendix contains infor. (b) Soil Classification. In order to use the mation that can be used timber shoring is data presented in this appendix, the soil • provided as a method of protection from type or types in which the excavation is cave-ins in trenches that do not exceed 20 made must first be determined using the • feet (6.1 m) in depth. This appendix must be soil classification method set forth in appen. used when design of timber shoring protec- dix A of subpart P of this part. tive systems is to be performed in accord- (c) Presentation of Information. Informa. ance with § 1926.652(c)(1). Other timber tion is presented in several forms as follows: shoring configurations; other systems of. (1) Information is . presented. in tabular support such as hydraulic and pneumatic .. form in Tables C-1.1, C-1.2, and C-1.3, and systems; and other protective systems such Tables C-2.1. C-2.2 and C-2.3 following 236 €`_ iff . Oecupattonal,5afety-and Health Admin., Labor Subpt.t, App. C t paragraph (g) of the appendix. Each table • presents, the minimum sizes of timber mem- bers to use in a shoring system, and each table.contalns data. only for the particular •-soU..type in which the .excavation oryortion • of the excavation is made. The data are ar- ranged to allow .the user the flexibility to select from among several .acceptable con- • fighra�ions of members based on varying• -the horizontal spacing of the crossbraces. Stable rock is'exempt from shoring -require- • meets and therefore, to data are -resented • for this condition. (2) Information concerning the basis of • the tabular data and the limitations of the •data is presented in paragraph (d) of -this appendix, and on the tables themselves. I;(3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. <4) Information illustrating the use of the tabular data is presented in paragraph (f) of this appendix. (5) Miscellaneous notations regarding Tables C-1.1 through C-1.3 and Tables C-. 21 through C-2.3 are presented in pars- • graph (g) of this Appendix. (d) Basis and limitations of the data. —(1). Dimensions of timber members. (1) The sizes of the timber members listed in Tables C- 1.1 through C-1.3 are taken -from the Na- tional Bureau of Standards (NBS) report, "Recommended Technical Provisions for Construction Practice in Shoring and Slop- ing of Trenches and Excavations." In addi- tion, where NBS did not recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by • existing codes and on empirical practice. (ii) The required dimensions of the mem- bers listed in Tables C-1.1 through C-1.3 • refer to actual dimensions and not nominal • dimensions of the timber. Employers want- ing to use nominal size shoring are directed tdTables C-2.1 through C-2.3( or have this choice under § 1926.652(c)(3),-. and are re- ferred - to The Corps of Engineers, The ;Bureau of Reclamation or data from other acceptable sources. (2) Limitation of application. (1) It is not intended that the timber shoring specifica- tion apply to every situation` that may be experienced in the field. These data were developed to apply to the situations that are most commonly experienced in current • trenching practice. Shoring systems for use In situations that are not covered by the data in. this appendix must be designed as specified in § 1926.652(c). - 4 - :'' (Ii) When any of the following conditions are present, the members specified in the -tci tables are not considered adequate. Either an alternate timber shoring system must be designed or -p another type of protective ;_ system. . designed in . accordance with - 1 1926.652. - 'A) When loads imposed by structures or by -stored material adjacent to the trench weigh in excess of the load imposed by a two -foot . soil .surcharge. The term "adja- cent" as used here-meaxis the area within a horizontal distance iron thee edge of the trench equal to the depth of the -trench. (B). When- vertical loads imposed_on cross braces exceed a 240-pound.gravity .load.dis- tributed on a one -foot section of the center of the crossbrace. (C) When surcharge loads are present from equipment weighing in excess of 20,00O pounds. . (D) When only the lower. portion of .a trench is shored and the remaining portion of the trench is sloped or benched unless The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. - (e) Use of Tables. The members of the shoring system that are to be selected using this information are the cross braces, the uprights, and the wales, where wales are re- quired. Minimum sizes of members are spec- ified for use in different types of soil. There are six tables of information, two for each soil type. The soil type must first be deter- mined in accordance with the soil classifica- tion system described in appendix A to sub- part P of part 1926. Using the appropriate table; the selection of the size and spacing of the members is then made. The selection is based on the depth and width of the trench where the members are to be in- stalled and, in most instances, the selection is also based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spacing of crossbracing is avail- able, the horizontal spacing of the cross - braces must be chosen by the user before the size of any member can be determined. When the soil type, the width and depth of the trench, and the horizontal spacing of the crossbraces are known, the size and ver- tical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and horizontal spacing of the uprights can be read from the appropriate table. (f) Examples to illustrate the Use of Tables C-1.1 through C-1.3. (1) Example 1. A trench dug in Type A soil is 13 feet deep and five feet wide. From Table C-1.1, for acceptable arrange - meets of timber can be used. - Arrangement #1 Space 4x4 crossbraces at six feet horizon. • tally and four feet vertically. Wales are not required. - I I I I ii C I I C I I Li 237 Subpt. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) L I I I 1 I I 1 I Cl I Li I I I Space 3x8 uprights at six feet horizontal- ly. This arrangement is commonly called "skip shoring." Arrangement #2 Space 4x6 crossbraces at eight feet hori- zontally and four feet vertically. Space 8x8 wales at four feet vertically. Space 2x6 uprights at four feet horizon- tally. Arrangement #3 Space 6x6 crossbraces at 10 feet horizon- tally and four feet vertically. Space 8x10 wales at four feet vertically. Space 2x6 uprights at five feet horizontal - sly; Arrangement#4 Space 6x6 crossbraces at 12 feet horizon- tally and four feet vertically. Space 10x10 wales at four feet vertically. Spaces 3x8 uprights at six feet horizon- ; tally. -. (2) Example 2. A trench dug in Type B soli in 13 feet deep and five feet wide. From Table C-1.2 three acceptable arrangements of members are listed. Arrangement #1 Space 6x6 crossbraces at six feet horizon- tally and five feet vertically. Space 8x8 wales at five feet vertically. Space 2 x 6 uprights at two feet horizontal- ly. Arrangement #2 Space 6x8 crossbraces at eight feet hori- zontally and five feet vertically. Space 10X10 wales at five feet vertically. Space 2x6 uprights at two feet horizontal- ly. Arrangement #3 Space 8x8 crossbraces at 10 feet horizon- tally and five feet vertically. Space 10x12 wales at five feet vertically. Space 2x6 uprights at two feet vertically. (3) Example 3. A trench dug in Type C soil is 13 feet deep and five feet wide. From Table C-1.3 two acceptable arrange- ments of members can be used. Arrangement#1 Space 8X8 crossbraces at six feet horizon- tally and five feet vertically. Space 10x12 wales at five feet vertically. Position 2x6 uprights as closely together as possible. If water must be retained use special tongue and groove uprights to form tight sheeting. Arrangement #2 Space 8x10 crossbraces at eight feet hori- zontally and five feet vertically. Space 12x12 wales at five feet vertically. Position 2x6 uprights in a close sheeting configuration unless water pressure must be resisted. Tight sheeting must be used where water must be retained. (4) Example 4. A trench dug in Type.C soil is 20 feet deep and 11 feet wider The size and spacing of members for the section of trench that is over 15 feet in depth is determined using Table C-1.3. Only one arrangement of mem- bers is provided. • Space 8x10 crossbracei at six feet hori- zontally and five feet vertically. • Space 12x12 wales at five feet vertically. Use 3x6 tight sheeting. Use of Tables C-2.1 through C-2.3 would • follow the same procedures. (g) Notes for all Tables. - 1. Member sizes at spacings other than in- dicated are to be determined as specified in §1926.652(c); "Design c of Protective Sys- tems." • 2. When conditions are saturated or sub- merged use Tight Sheeting. Tight Sheeting refers to the use of specially -edged timber planks (e.g., tongue and groove) at least three inches thick, steel sheet piling, or similar construction that when driven or placed in position provide a tight wall to resist the lateral pressure of. water and to prevent the loss of backfill material. Close Sheeting refers to the placement of planks side -by -side allowing as little space as possi- ble between them. 3. All spacing indicated is measured center to center. 4. Wales to be installed with greater di- mension horizontal. 5. If the vertical distance from the center of. the lowest crossbrace to the bottom of the trench exceeds two and one-half feet, uprights shall . be firmly embedded or a .mudsili shall be used. Where uprights are embedded, the vertical distance from the center of the lowest crossbrace to the • bottom of the trench shall not exceed 36 inches. When mudsills are used, the vertical distance shall not exceed 42 inches. Mudsills are wales that are installed at the toe of the trench side. 6. Trench jacks may be used in lieu of or in combination with timber crossbraces. 7. Placement cf crossbraces. When the ver- tical spacing of crossbraces is four feet, place the top crossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbraces is five feet, place the top crossbrace no more than 2.5 feet below the top of the trench. I 238 .. Occupational.Safety and Health Admin., Labor Subpt. P, App. C 1- Z C. W I - W L C u L W .r 4 - 'p N r O - C • O.q H , = Q I- H 6 I - W J x O . • - • LV •O a N d. In . x X •3<• .... .. Z N .. N O N O t- Ic W• InS _ W —Lau N • J.. J X N E .. - • X- b b b G ?c X x O Inl7 W -1 R Q Q Q Q QQ LtpN dam. R 1 - W •-• C Y- Y'V _ O r rZ.. 0000• X O X ~ tn.. Z a b Z m p C b C— - H W d U W Q Q Q Q !6v Q •Q Q N O ~b x G 0 m C O b X b X b x X X X X X b b b b I- IO • LQ N b b W O b ' X b X b X '0 X X X JO[ K b b b S O U F W O. < < x X X X X X K H .x0 b b b b p W O O I-- O X X b b b b d.b Q Q X X X X X .x Q- b b b b m O 3 C 1-- Q X Q C to b' - V b b b b = Q Q Q b b b b C C ti • t7 ^ IW- o o O O O o 0 o O z muw O o o I-. O Q:L d- 6m Nto O O N b CO � O. L C-.-a.,...O ' N W S =— IILUI- d.- dOZW. U, O O O O W W W F- .--. b b O- • I -v t 239 • Subpt. P, App. C .29 CFR Ch. XVII (7-1-92 Edition) a Z U • y N _ _ W ' H H1 M W W .N N ry a a o e O N b b v0 QN N S W '-40 C d N C . m •. O '0 '0 .c -(.0 4 S x .] % X x n Y -H C Y iG U rt Pt - n 00 Z = 0 W J .Zr.C d . C 'U, FHF - C u v1 v1 L l N N In - 'fl In vl t J u >O.L uu w Za.U,N x W N' . O N ' � W 3 N Z m O O O - N O N N N. N v b m O 0 O' O . K % N u C H C O N G L F N r T I- U . u C N Z f C - 4- C C U W In in Ifl N Yf N N V1 N d ,C N % G 1 F O O in eN .0 m m m m 0 G L H'. C, -. C 'C e '0 '0 m C C m o_ v m .. -. U G o m - ~ H '0 '0 b '0 xw xW 0 0- L i C, y Y • '40 u U O - O - ' WS d . < O F 'C .O .O .O m m 0 ... H L C Z 0% % % X % x K x % x CO D W L .0 .4J .O V '0 C .0 .01 m @3 .. C .i N f 0 W Y m X .. O 4. H .0 .0 .0 .O 00 -0 _O .d L ' - - O' C O V X X X K X % X X J E F U C V .0 .0 .0 .O C .0 0 0 we N w 3 b .0 .O .O O) 0 m Or O y - V X K X K. K X X X Y J -50 .O '0 50 .0 0 0 ...' CU 00 NZ F O O O O O O -o O O Z % C F H H H F F F H. H .+ C 0<k. < k. Ca 5° O @' m u .o m o d W S m . u u y > >c.— N =oc a. a. C.= U O O. d 0. O O N C. NZ J yZ t OH d k. Z w _ . N F O O O In O O 140 > N F - � -. H N 240 Occupational Safety and Health Admin., Labor Subpt. P, App. C U z w U N - - Nu Y O .1z • F w . - -. Ord--•.---- N 6 F O F S S 4] 3 Z E 41 Y t H x y O .a •x •x ,_ x (SrN x x x N x x x _ x x 6' U 4m1< W v1 N V1 y + C.>0. N v• . N Z O N N HN N y~ m o x x X % O N ry r r r r _ U ' F�F h x1 y •>0. N E• Or O O O r m 9 m -O.. O m x x O r r r 11 Fa 0 O o 4 N r r r m X Z r- o O • m 1 m m 2 6 % x x X X X y F �. �' m m m m m N a 0 F O 0 Or p. m m r m r x n x x x x x x c o .o m m m m 4'• O O O x x x x x r x m m m m m U Ca F w 0 —o a .+ O r r O �Nr r El Z .a m O w� •O m w w .O w w -0-Cr.- -. wY wY wu y`' O 0. 0. 4, 04)00. w 0 0. 441 w O CD 41 fCO Z O- O N Z y Z 0 y N Z N Z N F U F - W o W W N O O O O N N O O O- C W 1" �• •� F r. -F N W 0 nI ,.Subpt. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) t N N m S m n.. .-I .i 4 , • C U • M M J J _ y •_ C0 N t S v M yr =0. Y e'V - 1-1 11 rf F I , Z N x O m . U u Q m H 0a 41 S y F w U U Fv b;. 0. q. U, N O O .0 .0 .0 x x % X Z v v v v O N F O O H U r W V X X M a 4. v v 0c 60 O J Q 3 O N X x Q C C v v N Y N - n - n n t . en .Z 9 . CU Oc 00 OO' C.IsXI m z z N - I - Y :.r Or N H O 0' 00 0 0 O P 0, 0 0 0., N Z@JZC m m Z, X% ,. •x"% p.0. �X X c--i- Y U il = > 6 t. N 0'0 v 0 0 P.O P.O O .O .0 C .O 0 0 X X x x x X x X x X X 6 V V .O .O .0 P.O P.S 0 0 b O C N N Ls ^ d b 0 0 P.O 0 P.O .O C J' .O 0 r. x x x x x x x x x x x x 0. V V .O .0 .O .0 .O .0 C 0 0 C N � U f.c v v .0 .0 v .0 .O .0 C b .0 .0 DC v X v v DC V v b b V 0 b .xt C y F O L O N v v 0 0C .0 .D .O v1 .0 .O O V C X X % X % X X X X% ,.0 X X � V v v v J V .O .0 .0 .0 .0 .O 3 O . p. C v .D .0 V .0 .0 .0 .0 .0 .O x x X x v >4 DC DC DC v v' v v v CCP.O .xO C • m O O O O O O O 0 00 0 0 U N F H H F H H H H H F H H 0 Z = O Q W 0 C N .p 0 O N .0 0 O N Ca rn Y 0• . 0. A. r x . LLL 01- N O O O 0 U, a Y1D 4 41 F r .O F O 0 242 Occupational (Safety and Health Admin., Labor Subpt: P, App. C N d W c W u '.k- C Y • N J o N 1.2 . r u W N S i N..:'F d ' N N +. H F M Y O m C • V 2 m , FLU 0 W zH - O. F rn -J U • 2 M b r 'C "- a a v F x z v O O F e.g S W n rm m -U t.- en v - 'v • ' o o o O a N x v v S W H y eD .0 .O .0 .0 n n x X x V n v•v v t s U Z en F N N In N N In h W W 6 rL m • W 4. N 7. O O N O N ry 0 m" X x x_ _ U- 'a m m x m' x 00 ,C x m X O X h r r r r ca• m U W V1 N N in h in N N N m _ FN - Jl b ' b - ' m m m � x x x x 'aa 'Ox m m m m m to E0 W F (12 >4 b •x m L 6r b b b X x X 0 0 = •0 m m •O m m S O CO Ed 0' W d .O .G .O .p m m 0 m W a x x x x x x x x x F -S .0 '0 b b m .0 .C m cts_O F C. x d tr IC x x •0 x `0 x b m m m :m m 1-0. v v v x x x x x x D .G .o m 3 N c x x x .D Z F N .. l0-• -+ F h0• F -' F0' f0+ k0+ O w r F — 0<eW.2 `0 m O •p m O d Z S L W -� a- dL dY d L d 0 6 0. O. d C 6 L C. @10 W mom. 0 J- 0 N2 0 O 0 m2 J O 0 m2 N 2 n F 01- O F - h O I, W — F w.. _ H n pN 243 Subpt. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) to a W M H Y • N v t � FI W F 0 N H X • O F U m o O N L U a U c m F - F m g .- . F N V A Y• z U G " • L N a F' Z O N F OF S r M G k a m O z = y .D m ..D .D .o m q n r n v v C • E U Y U F •+ F LKi < L of h ✓1 V1 vt U, > L a O N O N N m r r r 0 O O O N p C Zr C. 2 F U, r > s N D L' x m m amt amc 0 0 0 0 m 0 m J• m m O m .x0 mX 0+WX Ut m I/ D N O • D _ L X X X % at _ X F J '0 .0 .0 .0 m m c 3 _ v m 'C X .X % x .0 .0 .0 .0 0 m r F F F O O 0 F. 0 O iFil r F F r ,... F r r Z 5< 1.. 0<1.. . D m O O m a U .p L v 6 0. _ a J Cu Cu Ow a Y 0 CU N 0 0 L = y Z L 00 a 0 L CO a 0 o a J N = N2 N2 NZ N N r L OF. Q O O O O h N O xi.. F r F N F O 244 r Occupational.Safety .and :Health Admin.,.Labor APPENDIx'D TO SUBPART P-ALtnu UM .HYDRAULIC SHORING FOR TRENCHES •(a) Scope; •This appendix contains- infor- nration the.t -can be used when aluminum • hydraulic shoring Is provided as •a method of.•protectlon !against cave-ins in -trenches • that•do not exceed 20 feet (6.im) in adepth. • This appendix must be. used when design of • the aluminum hydraulic protective system cannot be: performed in accordance with I 1926.652(c)(2). H. (b) Soil Classification. In order to use data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in -appen- dix A of subpart P of part 1926. #;.(c) Presentation of Information. iaforma- ` Lion is presented in several forms as follows: _r a'(1) Information is presented in tabular form in Tables D-1.1, D-1.2, D-1.3 and E- 14. Each table presents the maximum vertt-_ dal and. horizontal spacings that may be Y, used with various aluminum member sizes and various •hydraulic cylinder sizes. Each table contains data only for the particular soil type in which the excavation or portion of the excavation is made; Tables D-1.1 and D-1.2 are for vertical shores in Types A and r.B soil. Tables D-1.3 and D1.4 are for hori- zontal waler systems in Types B and C soil. i'• ; (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appendix. _ ' (3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented in paragraph Cl) of this appendix. (5) Miscellaneous notations (footnotes) re - girding Table D-1.1 through D-1.4 are pre- • s6nted in paragraph (g) of this appendix. (6) Figures, illustrating typicar installa- tions of hydraulic shoring, are included just prior to the Tables. The Illustrations page is entitled "Aluminum . Hydraulic Shoring; Typical Installations." (d) Basis and limitations of the data. (1) Vertical shore rails and horizontal •wales are those that meet the Section Mod- ulus requirements in the D-1 Tables. Alumi- num material is 6061-T6 or material of equivalent strength and properties. (2) Hydraulic cylinders specifications. (i) 2 -inch cylinders shall be a minimum 2 -inch Inside diameter with a minimum safe work- ing capacity of no less than 18,000 pounds axial compressive load at maximum exten- sion. Maximum extension is to include full range of cylinder extensions as recommend- ed by product manufaturer. (ii) 3 -inch cylinders shall be a minimum 3.. Inch inside diameter with a safe working ca- :Subpt.=P,:App. D ' pacity of not less than 30,000 pounds axial _compressive load at extensions as recom- mended by product manufacturer. (3) Limitation of application. • (i) It is not intended that the aluminum hydraulic specificationapply to every situa- tivn that:may be experienced in the field. These :data were. devethped to -'apply- to ;he situations that are :most commonly experl. -enced in current trenching practice. Shoring systems for use In situations that are not - covered .by the .data in this appendix. must be *Otherwise . designed as specified in f 1926.652(c). . _ (ii). When any of the fo]lowing conditions are present; the members specified in the . Tables are not considered adequate. In this case, an alternative aluminum hydraulic shoring system or other type of protective system must be designed in accordance with 3 1926.652. (A) When vertical loads Imposed on cross braces exceed a 100 Pound gravity load dis- tributed on a one foot section of the center of the hydraulic cylinder. . (B). When surcharge loads are present from equipment weighing in excess of 20,000 pounds. (C) When only the lower portion or a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the• top of the overall trench, and notfrom the toe of the sloped portion. (e) Use of Tables D-1.1, D-1,2, D=1.3 and D-1.4. The members of the shoring system that. are to be selected using this informa- tion are the hydraulic cylinders, and either the vertical shores or the horizontal wales. When a waler system is used the vertical timber sheeting to be used Is also selected from these tables. The Tables D-1.1 and D- 1.2 for vertical shores are used in Type A and B soils that do not require sheeting. Type B soils that may require sheeting, and Type C soils that always require sheeting are found in the horizontal wale Tables D- 1.3 and D-1.4. The soil type must first be de- termined in accordance with the soil classifi- cation system described in appendix A to subpart P of part 1926. Using the appropri- ate table, the selection of the size and spac- ing of the members is made. The selection is based on the depth and width of the trench where the members are to be installed. In these tables the vertical spacing is held con- stant at four feet on center. The tables show the maximum horizontal spacing of cylinders allowed for each size of wale in the waler system tables, and In the vertical shore tables, the hydraulic cylinder horizon- tal spacing is the same as the vertical shore spacing. Li Li I. I I C I I I I I I I I ':245 Subpt, P, App. D 29 CFR Ch- XVII (7-1-92 Edition) (f) Example to Illustrate the Use of the vertically. 3x12 timber sheeting is required Tables: at close spacing vertically. (See Figure 4 for ' (1) Example.l: typical. installation.) A trench dug in Type A soii4i5"•6'feet deep Cg)("tootnotes, and 'general notes, for and 3 feet wide. From Table b.1.1: Find vet- Tables D-1.1, 1}1.2, D-1.3, and D-1.4. tical shores and 2 inch diameter cylinders (1) For applications other than those ' spaced 8 feet on center (o.c.) horizontally listed in the tables, refer to § 1926.652(c)(2) and 4'feet. on center (o.c.) vertically.. (See for use of manufacturer's tabulated data. Figures l & 3 for typical installations.) , For trench depths in excess of 20 feet, refer (2) Example 2: Xtrench is dug in Type B soil that does to § 1926.652(c)(2) and § 1926.652(c)(3). not require sheeting, 13 feet deep and 5 feet (2) 2 inch diameter cylinders, at this wide. From Table D-1.2: Find vertical shores width, shall have structural steel tube and: 2 -inch diameter cylinders spaced 6.5 (3.5 x 3.5 x 0.1875) oversleeves, or structural ' `feet o.c. horizontally and 4 feet o.c. vertical- oversleeves of manufacturer's specification, ly. (See Figures 1 & 3. for typical installa- extending the full, collapsed length. tions.) (3) Hydraulic cylinders capacities. (i) 2 (3) A trench is dug is Type B soil inch. cylinders shall. be a minimum 2 -inch ' .that does not require sheeting, but does: expert-'„ :,inside diameter, with a safe working capacity ence some minor raveling of the trench face. of not,less than: 18,000 pounds. axial com- The trench is 16'feet deep and 9 feet wide. - pressive-load at_ maximum extension. Maxi - From Table D-1.2: Find vertical shores and mum extension is to: include full range of • 2 Inch diameter cylinder (with special ovens- cylinder extensions- as recommended by leeves as designated by footnote #2) spaced product manufacturer. 5.5 feet o.c. horizontally and 4 feet o.c. verti- (ii) 3 -inch cylinders shall,be a minimum 3- cally, plywood (per footnote (g)(7) to the D--' inch inside diameter with a safe work capac- ' 1:Table) should be used behind the shores. ity of not less than 30,000 pounds axial com- (See Figures 2 & 3 for typical installations.) pressive load at maximum extension. Max! - (4) Example 4: A trench is dug in previous- mum extension is to include full range of 1y disturbed Type B soil, with characteris- cylinder extensions as recommended by ' tics of a Type C soil, and will require sheet- product manufacturer. big. The trench is 18 feet deep and 12 feet (4) All spacing indicatedis measured wide. 8 foot horizontal spacing between cyl- center to center. inders is desired for working space. From (5) Vertical shoring rails shall have a min - I. Table D-1.3: Find horizontal wale with a imam section modulus of 0.40 inch. section modulus of 14.0 spaced at 4 feet o.c. (6) When vertical shores are used, there • vertically and 3 inch diameter cylinder must be a minimum of three shores spaced spaced at 9 feet maximum o.c. horizontally. equally, horizontally, in a group. ' 3X12 timber sheeting is required at close (7) Plywood shall. be 1.125 in. thick spacing vertically. (See Figure 4 for typical softwood or 0.75 inch. thick, 14 ply, arctic installation.) white birch (Finland form). Please note that (5) Example 5: A trench is dug in Type C . plywood is not intended as a structural ' soil, 9 feet deep and 4 feet wide. Horizontal member, but only for- prevention of local cylinder spacing in excess of 6 feet is desired raveling (sloughing of the trench face) be - for working space. From Table D-1.4: Find tween shores. horizontal wale with a section modulus of (8) See. appendix. C for timber specifica- ' 7.0. and 2 -inch diameter cylinders spaced at tions. 6.5 feet o.c. horizontally. Or, find horizontal (9) Wales are calculated for simple span wale with a 14.0 section modulus and 3 inch conditions. diameter cylinder spaced at 10 feet o.c. hod- (10) See appendix D, item (d), for basis ' • zontally. Both wales are spaced 4 feet o.c. and limitations of the data. I I .1 I 246 Occupational Safety and Health Admin., Labor Subpt. P, App. D ALUMINUM HYDRAULIC SHORING " TYPICAL INSTALLATIONS -.._'' .,; 1 -,- FIGURE NO. 1 � . , .• ... •,. . . .. ... .. ALIYA '-: �. ` FIGURENO 2 . _ .... - - MTW •LLi JwDMW . : (wRN R1ROCP) 'NORIZOM TAL SPACING - _ -f XORIZONTAL?. :. SPACI NO, ._ - VERTICAL -RAIL - - CTL INDER' .:.:: i .. te- MAX: Z _. , ay�iT VERTICAL RAIL N 9TDRAUL IC CTL INDER ' .1e -MAX •le +. I' - ' i - Y PLYWOOD p �i tl}� : VERTICAL .•. III ee SPACING 'G ." (� ... - •, ' - 'VERTICAL .. - SPACING' t .. .. _ u J'CZ' MAX. - ..... •NM - - A' MAX. - 2" MAX. r.. . .. FIGURE NO. 3 - - - - - FIGURE NO. 4 VEPiN:/141Wyy LLLr.4Y "TDIUµ; N"O" MTDM•{1LG N.q•wN 6 - U P R I G N T 4ar•u[w .•uM NTRav SHEET IIG II HORIZONTAL SPACING T 1 ' VERTICAL .•-t SPACING AMAX. '�Z' MAX. RTICAL RAIL . 2' MAX. HYDRAULIC CYLINDER VERTICAL SPACING 247 HYDRAULIC CYLINDER I I I I I I I I I 11 I Ii I Ii I 311-112 0-92: 9 Subpt. P, App. D . ' .f. 29 29 CFR Ch. XVII (7-1-92 Edition) • •0 ...UCH oaNF a J , z. 0. - L V o fk7t.11 LU cn < > 0 a t✓ LL' o a E 00 _ <0 0 0 oz p o. 00 T LL1 0 z.2 a G N z z o U U U _ r ? F _ U L c 0 z L) r RZ O U V Co 00 N < L <xcX 20"' - T - 0 d 0 a 0 0.0 �, C] 0 0 O Occupational Safety and Health Admin., Labor Subpt.' P, Ap'p. D a a wFO z� F U a - > . O O 'Z. O Q On z . . N¢ r U r F X V V �, e Q L > V2 L•7 O .. z. Z Z F - '^ Q LV v Q cn y = v cti o' a o. C o Om >„•ao >�a^ >=aN LU o F O a O O O O O 249 Subpt: P, App. D ...29 CFR Ch. XVII (7-t-92 Edition) z N I U O—' en en tj .e N — N ,.1 N K I. m = O F2 o z z z_ z z_ z. z , z z - eel en en e`1 en M _• r, r _ eel 50 O N .y. — O O C C C C r O • W O < nei C ni .G no O Cl >0 zy — — z's n •; .• z_zr ".Z z z_F z •} Z —' J C N Q -5 en _z� N Q _z .. en M N' C _z -. F rr V:C uo z z z z .i O o c - - `O zz y 3 z _z z z z_ z z _ _ _z _z _z J_ N N ems. N fr• e^ N en e^. V y. W D c x ni C x — r C �: O — n v.� '-z f I- < • v o L U F c J O z O N 250 '-Occupationgl:5afety'and Health Admin., Labor 'N G' H U Iz F ❑'a >. �.Q a xe"' FZ3❑°. 1 Subpt. P, App. D z: O <<.7. C]w t •I. O,U .e 0 N N N Xx 6. x en X x -- Z 'Z :z .Z ..Z Z -. Z Z -Z • E. -a j< n n . n en n e, en n n U0 a Z N U - O h C O V1 O l p C - . '0 C Q Vi op e1 '. .G a > xx - . z 'x O O ziflz i' z zW z z z z z• 11-- �. n n NQ n 114 O V C u O h O O v)O h C O .< > O < b .C C Q V.,ci en r, op T ' o U, r O x 3 z� z z z z z z z z z m a ` N N n N n n N n n s o. 32 h • o w•, o h o p < IW^ — .. • Z j O z Af O OO h C C H O ¢ of - t� Q e1 h -v - _ H2 <L 'F H U ,� c v e V a _C U p c O c O c O o L1cFvn 2 N p� c O .� - .O> c O � FO Subpt. P, App. E - 29 CFR Ch: XVII (7-1-92 Edition). APPENDI% E TO SUBPART P -ALTERNATIVES TO TIMBER SHORING d ' 1 �111r• , 26 IY pY IY11N � L Ig's MAX. VERTICAL -RAIL 1T .a i6 t- HYDRAULIC CYLINDER art _ 1 -VERTICAL . ;-v SPACING_ f JiM I s } 1 1i Y 9 .2J YII 111 �o 1 4' MAX. 2' MAX. 1 Figure 1. Aluminum. Hydraulic Shoring 1 r� r 1 I. 1 O O 0014 Figure 2. Pneumatic/hydraulic Shoring 1 i . 1 252 Figure 3. Trench Jacks (Screw Jacks) Figure 4. Trench Shields :253 Subpt. P, App. F 29 CFR Ch. XVII (7-1.92.Edition) APPENDI% F TO SUBPART P -SELECTION OF PROTECTIVE SYSTEMS The following figures are' a graphic summary of the requirements contained in subpart P for excavations 20 feet or less in depth. Protective systems for use in excavations more than 20 feet in depth must be designed by a registered professional engineer in accordance with 1 1926.652(b) and (c). :_..• Is. the excavation more than 5 feet in depth? i. 4. Is there, potential ,;:. ;Is` -_.the excavation for, cave-in? . entirely.in..stablerock?. Excavation maybe made with YES vertical sides. Excavation must be sloped;-shored,or shielded, Sloping Shoring or shielding selected, selected. Co to Figure 2 • Co to Figure 3 FIGURE 1 - PRELIMINARY DECISIONS 254 Occupational.Safety and:Health Admin., Labor Subpt. P, App. F Sloping selected as the method of protection' . Will soil classification . be made in accordance with-' J1926652 (b)T " YES NO Excavation mustcomply--with one of the following three e _ options:.. , Option 1: 1926.652 (b)(2) which requires Appendices A and B to be followed Option 2: j192&.652 (b)(3) which requires other tabulated data (see definition) to be followed. Option 3: ,51926.652 (b)(4) which. requires the excavation to be designed by a registered professional engineer. - _ Excavations must comply withf1926.652 (b)(1) which. requires a slope of 1½H:IV FIGURE 2 - SLOPING OPTIONS 1255 ISubpt. P, App. F 29 CFR Ch. XVII (7-1-92 Edition) Shoring or shielding selected as the method of protection. 1 I. • ' Soil classification is required when shoring or shielding is used. The excavation must comply with one of the following four options: ' Option 1 1926.652 (c)(l).which requires Appendices A and C to be followed (e.g. timber shoring). Option 2 11926.652 (c)(2) which requires manufacturers data to be followed (e.g. hydraulic'shoring,trench jacks, air shores, shields). ' Option 3 ' 51926.652 (c)(3) which requires tabulated data (see definition) to be followed (e.g, any system as per the tabulated data). Option 4 31926.652 (c)(4) which requires the excavation to be designed ' by a registered professional engineer (e.g. any designed system). IFIGURE 3 - SHORING AND SHIELDING OPTIONS 256 I H I I i RESOLUTION NO. 94-96 i A RESOLUTION APPROVING THE PROPOPSED REVISIONS 1 TO THE MINIMUM STREET STANDARDS. BE IT RESOLVED BY THE CITY COUNCIL OF. THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves the revisions proposed to the Minimum Street Standards. A copy of the street standards are attached hereto marked Exhibit "A1 and made a part hereof. 1 PASSED AND APPROVED this 6th day of August , 1996. APPROVED: 1 By: y. Fred Hanna, Mayor 1 ATTEST: By: Traci Paul, City Clerk U xI I I TABLE OF CONTENTS ITEMS PAGE NO. APPROVAL RESOLUTION..,......................................... i SECTION 1, GENERAL REQUIREMENTS: ' 1. Requim reent to Extend Streets ............................ 1 2. City Participation in Street Extension Costs............. 1 .3. Required Street Right of Way ............................. 2 4. Permits.........................................:...::... 3 5. Approval of Plans and Specifications .... ....... ... 3 6. Responsibilities of Owner/Developer...................... 3 7. Engineering Services. . . . . • • a a a a • • • • • . . . . • . . . . . . • • • . a a . . • 4 8. Plan Submittal. . . . . . . . . . . . • . • a • a . • • • • a a a • • • • . . . . . . . . . . 5 9. Observation of Construction City ......................... 5 10. Acceptance by the City ................................... 5 11. Maintenance Warranty ..................................... 6 12. Definitions. a • a a a a a a a .................................... 6 13. Need for Traffic Study................................... 7 14. Subdivision Signs and Ornamental Structures .............. 8 ' 15. Sidewalks and/or Trails...........a.....a................ 8 16. Applicability..........................a.a..............a 9 SECTION 2. DESIGN DATA AND PLAN SUBMISSION ' 1. General...................... ............................ 1 2. Design Report. a a a a a a a.., a a a a. a a a a a a a a a a a a a aa a a a a a a a a. a ... 1 3. Horizontal and Vertical Datum ............................. 1 4. Plans. a a a a a a a a a a a a a a a a a a a a a a ............................. 1 IS. Specifications ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6. As —Built Plans........................................... 3 ' SECTION 3. STREET DESIGN PRINCIPLES ' 1. General. ............:...............................:.... 1 2. Alignment........... 1 3. Intersections...........................................a 1 4. Cross Sections and Right of Way Widths ................... 2 ' 5. Railroad Crossings. a a a a a a a a a a a a a a a a a a a a a. a a a a a a a a a a a a a a a . 2 6. Minimum and Maximum Grades ............................... 3 7. Sight Distance. Requirements and Design Speeds............ 3 i I I SECTION 4, PAVEMENT DESIGN 1. Pavement Types........................................... 2. Pavement Materials and Construction.... 3. Subgrade Material. . . . . . . . . . .............................. 4. Base Course. * . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Surface Course. . . . . . . . . . . . . . . . . . . . . . . . •. . . . . . . . . . • • • • • • 6. Curb and Gutter .......................................... 7. Subsurface Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Pavement Section Design Requirements........ .. ......... a) Geotechnical...................................... _b) Sampling and Testing. . . . . . . . ...................... c) Soil Classification. . . . . . . . . - . . . . . . . . . . . . . . . . . d) Load Bearing Strength. . . . . . . . ..................... SECTION 5. UTILITIES AND UTILITY CROSSINGS...................... SECTION 6, EROSION CONTROL 1. Requirement for Erosion Control..... 2. Permits Required.. . . . . . . . * . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Permanent Erosion Control Measures......... .••.. SECTION 7, INSPECTIONS AND TESTING 1 1 1 1 1. General... . . . . . . . . . . . . . . . . ............................... 1 2. Inspections. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. Quality Control Testing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4.. Construction Inspection Checklist ........................ 2 5. Additional Tests and Testing Frequency................... 4 APPENDIX "A". PAVEMENT DESIGN CRITERIA APPENDIX "B", TYPICAL PAVEMENT DESIGNS APPENDIX "C", ACKNOWLEDGEMENT LETTER FORM I MINIMUM STREET STANDARDS SECTION 1, GENERAL REQUIREMENTS 1-1 Requirement to Extend Streets: Authority to require street extensions and improvements are included in the Subdivision Regulations of the City of Fayetteville as interpreted by the City Staff and the Planning Commission of the City of Fayetteville; and in the Master Street Plan as approved by the City Planning Commission and as adopted by the Fayetteville City Council. ' All of the rules, regulations, and Standards contained herein are promulgated under the authority given the City Engineer and ' Planning Department of the City and are intended to conform to above listed authorities. All new development of any kind, shall be required to: extend, at the expense of the Owner/Developer, streets within the development in accordance with these standards and in accordance with applicable ordinances and other rules and regulations ' governing the extension of streets. Streets adjacent to and leading to such developments may also be required to be constructed or otherwise upgraded, at the expense 'of the Owner/Developer, to meet the intent of these Standards. Streets within developments shall be extended to the edge of ' the property boundaries where required either to conform to the Master Street Plan or to provide for the general circulation of traffic within the neighborhood. Such extensions to property ' boundaries shall be fully constructed complete with curb and gutter and drainage. A temporary cul-de-sac may be required on such streets and, depending on the timing of any extension, a permanent cul-de-sac may be required. 1-2 City Participation in Street Extension Costs: The City may participate in the construction of streets either adjacent to a Development or on a street leading to a development ' if the need for such improvement is not totally caused by the Development in question. The appropriateness of any such cost sharing between the Owner/Developer and the City shall be determined by the Planning Commission based on City Ordinances governing the cost sharing of streets. In no case shall the City participate in Local or Residential streets within Developments. 1-1 I ' 1-4 Permits: ' All permits required to accomplish the work shall be the responsibility of the Developer/Owner or the Engineer of Record. Such permits may include but are not limited to permits for work within Highway Department R/W, railroad crossing permits, "Notice ' of Intent" for Erosion Control (ADPC&E), a Stormwater Construction Permit, and a Grading Permit. 1-5 Plans and Specifications: ' Detailed Plans and Specifications shall be required for all new streets and street extensions and shall be prepared by a Professional Engineer registered to do business in the State of Arkansas. The Standard Specifications for HIGHWAY• CONSTRUCTION as promulgated by the Arkansas State Highway and Transportation Department, Edition of 1993 , and the STANDARD DRAWINGS of the Arkansas Highway Department (11-11-92) shall be the basis for the preparation of the Detailed Plans and Specifications and shall apply in all cases except where these Standards are in direct ' conflict with them. Approval of the Detailed Plans and Specifications by the City ' of Fayetteville does not constitute a warranty of the Plans and Specifications and does not relieve the Engineer of Record of his professional responsibility in the design of the facilities or in the preparation of any engineering reports done in association with ' the project. ' 1-6 Responsibilities of Developer/Owner The Developer/Owner shall be responsible for installation of ' streets, including all design and construction, and for all costs associated therewith except in situations where cost sharing may be appropriate as described in Section 1-2 (City Participation in Street Extension Costs). All formal agreements entered into by the City will be with the Developer/owner only. Such agreements will bind each principal of the Developer/Owner regardless of the Developer/owner's form of organization. The Developer/Owner shall provide all engineering services ' required for planning, design, investigations, inspection, testing, and related activities necessary for street development, and shall be responsible for construction of street improvements in ' accordance with the design approved by the City as satisfying the requirements of these standards. 1- 3 The Developer shall post a letter which 1) guarantees that the construction will conform to the plans and specifications approved ' by the City, 2) acknowledges the conditions of the approval, and 3) agrees to honor those conditions. This letter must be posted prior to the beginning of construction and shall be of the form shown in ' Appendix "C". The Developer/Owner is hereby required to have contained within the construction contract he executes with his Contractor a ' requirement to obtain a Performance and Payment Bond for the entire contract amount. The Developer/Owner shall assign said Performance and Payment Bond to the City in a form approved by the City Attorney. The Bond shall be issued by a company licensed to do business in the State of Arkansas. . The Developer/Owner may, in -lieu of assignment of the ' . Performance and Payment Bond to the City,. post a cash.deposit or an irrevocable Letter of Credit with. the City:. in the. full amount of the proposed improvements. If.a..Letter of Credit is issued as ' assurance of construction, the City shall have the right of approval of the financial institution involved and the terms of the Letter of Credit. The amount of security shall be the total estimated construction cost associated with the street construction. That amount may not be diminished or drawn down during construction. The total shall remain intact until the job has been accepted. The City shall have the right of access to sites during the planning, design, and construction phases of street development. The Developer shall schedule all activities to provide the City with adequate notice and review time. The Developer shall provide a Two (2) year Maintenance Bond to the City as specified in Section I-11 of these Standards. 1-7 Engineering Services: ' All engineering services, including but not limited to, planning, design, investigations, inspection, and testing shall be under the supervision of a Professional Engineer registered in the State of Arkansas (Engineer of Record). The design data, plans, specifications, and related information shall bear the name of the Engineer of Record. The registration seal of the Engineer of Record shall be placed on each sheet of the Plans along with his/her signature. I I 1- 4 I Soils investigations, materials testing, and quality control testing shall be performed by a laboratory approved by the City Engineer. All reports submitted shall bear the name of the Engineer of Record. ' Certification by the Engineer of Record that materials and construction conform to the approved Plans and Specifications is required. Inspection and testing requirements are outlined in Section 7 of these Standards. 1-8 Plan Submittal: •Plans, Specifications,:and-all:data submitted -in conjunction with the plans and specifications shall constitute a complete design. Approval by the City. will not be: issued until all requirements have been fulfilled.. Approval of the Plans and Specifications shall remain in, effect for one. (1). year from the approval date. After that .time a.. new .set.. of. Plans and Specifications must be submitted and any regulations or rules promulgated between the time of the original submittal and the new submittal date must be followed. All significant changes in the design or construction of a project or development, including all significant changes in the Plans and/or Specifications, shall be submitted to the City for approval. The City shall be notified immediately of all significant field changes in order that a timely approval may be issued. 1-9 observation of Construction by the City: The observation of street construction by. the City will be I. limited to general observations of the project at various stages as outlined in Section 7 of the Standards. The City reserves the right to observe the construction at all times. 1-10 Acceptance By The City: After the Final Inspection -and Acceptable Completion of the street construction, the Developer/Owner shall provide a Maintenance Warranty to the City which guarantees the maintenance, ' repair, and/or reconstruction of the project in whole or in part for a period of 24 months after the date the Maintenance Warranty. The Maintenance Warranty shall be in the amount of 100 percent of ' the cost of construction of the improvements. Formal Acceptance of the project by the city will be made in writing after the posting of the Maintenance Warranty. The date of ' formal acceptance shall be the same date as given in the Maintenance Warranty. ' 1- 5 1-11 Maintenance Warranty: I The Maintenance Warranty may be either: a) A formal Maintenance Bond issued by a company licensed to do business in the State of Arkansas. The bond shall be for a two year period, said period beginning with the date on the bond. ' b) An extension of the Performance and Payment Bond for the full two (2) year warranty period provided all parties acknowledge and agree to accept the U. extension and assignment. c) A cash deposit or letter of credit to satisfy the maintenance warranty requirements. 1 Regardless of the type. of.Maintenance- Warranty selected the U. terms, conditions, form, and content -must -be -approved by the City Attorney. Generally, the Maintenance Warranty must- state the specific project involved, the warranty amount, how. and under what conditions the City has the right to draw upon that Maintenance Warranty. 1-12 Definitions: Whenever the following terms, abbreviations, or acronyms are used in these specifications the intent and meaning shall be interpreted as follows: a) CITY - The City of Fayetteville, Arkansas, and its ' employees expressly authorized by the Mayor to accomplish the specified task. U. b) DEVELOPER/OWNER - The person, .firm, partnership, corporation or other entity planning, constructing, altering or reconstructing a public street. ' c) ENGINEER OF RECORD - The Arkansas Registered Professional Engineer responsible for the design of the improvements, usually engaged by the Developer/owner. d) AASHTO - American Association of State Highway and Transportation Officials. ' e) AHTD Arkansas State Highway and Transportation Department. f) ASTM - American Society for Testing and Materials. I ' 1- 6 I I g) CONTRACTOR - The licensed contracting company hired by the Developer/owner to construct the street improvements. h) ACCEPTABLE COMPLETION - This term shall mean substantial completion of the street construction as agreed upon by the ' CITY and the ENGINEER OF RECORD. i) FORMAL ACCEPTANCE - Acceptance of the street construction in writing after a Maintenance Warranty has been submitted to and approved by the CITY. j) STREET CONSTRUCTION - Where this or similar terms are used, it shall mean construction of. the street, curb and gutter, drainage (whether on the street or not), and all other appurtenances normally associated with street construction and approved as part of the street plans, whether on site or off- ' site. k) FINAL INSPECTION. -. The finalS inspection shall, bethe. formal ' inspection of the street construction by the CITY, the ENGINEER OF RECORD, and the CONTRACTOR which results in a declaration of acceptable completion. Ii) MAINTENANCE WARRANTY - The security instrument which binds the Owner/Developer to a two (2) year responsibility for street construction repairs and/or reconstruction in the event of street construction failure. m) USGS - United States Geological survey. ' n) CBR - California Bearing Ratio. o) ESAL - Equivalent Single Axle Load p) SIDEWALK - Where the term sidewalk is used, it shall mean either a sidewalk or trail as defined in the Master Street ' Plan. 1-13 Need for Traffic Study: A formal Traffic Study may be required in connection with a development if, in the opinion of the City Engineer and/or Planning ' Director, it is required to properly determine future street loadings and\or to determine cost shares between the City and the Owner/Developer. A Traffic Study may also be required as a condition of development by the Planning Commission. I ' 1- 7 I [TI I I I I I I 1-14 Subdivision Sians and Ornamental Structures: Subdivision signs proposed for installation by the Developer/Owner for the benefit of his development shall be shown on the Plans and be sized and located to meet the provisions of the City's Sign Ordinance. The location and size of all ornamental structures constructed by the Developer/Owner shall be approved by the City's Traffic Superintendent and by the City Engineer. In addition, the need to conform to zoning regulations shall be determined by the Planning Department. Generally, all structures over 30 inches high must meet applicable setback requirements. Where a subdivision sign or ornamental structure is proposed to be located on City right of way, the. exact_ location and size shall be approved by the Planning Commission.. The maintenance of such signs and structures shall be by. a. properly.. established property owner's association and provision for maintenance shall be included in the covenants of the subdivision. Any relocation of such signs and structures necessitated by street widening, utility installation, or any other authorized use of the right of way shall be the financial responsibility of the property owner's association and shall be done at the call of the City. All permanent street and traffic signs shall be furnished and installed by the City at no cost to the Developer/Owner. ' 1-15 Sidewalks and/or Trails: ' Sidewalks and/or trails, where- required shall be engineered and shown as part of the street plans and specifications to be approved by the City Engineer. The sidewalks and/or.trails shall ' then be constructed as part ofthe development improvements as required by City Ordinance. ' The necessary grading and subgrade preparation for sidewalks and/or trails shall be done as part of the street construction even if the installation of the actual sidewalks and/or trails are delayed. Sidewalks and/or trails are required in accordance with ' the City's Master Street Plan as adopted or as may be amended from time to time. I I ' 1- 8 The construction of sidewalks and trails shall be in ' accordance with the specifications on sidewalk and trail construction as developed by the City as a separate document. The construction shall adhere to these general principles: a) Sidewalks shall be continuous through driveways with a cold joint or expansion joint at the edge of the sidewalk opposite the street. b). The sidewalk edge adjacent to the street shall have at least a grooved joint mark to clearly define the sidewalk ' through the driveway. c) The sidewalk elevation shall.be two-percent.above the top of the curb, sloping two percent towards the curb. This elevation shall be continuous through the driveway. d) The area remaining between the sidewalk and the flowline of the gutter, called the approach..to.the' driveway,..shall..slope up to the elevation of the sidewalk. e) Wood shall not be acceptable in sidewalks for expansion joints. The joint material shall be the same as approved for street construction purposes. ' 1-16 Applicability: The regulations and requirements contained in these Street ' Standards shall be applicable to all land or parcels of land being developed for commercial, industrial, or residential use. Where private streets are constructed either under the Planned Unit Development section of the Zoning Ordinance or otherwise approved by the City, the subbase, base, and paving shall meet the applicable requirements of these Minimum Street Standards. I I I I I 1- 9 I I I I I I I I I I I I I I I I MINIMUM STREET STANDARDS SECTION 2, DESIGN DATA AND PLAN SUBMISSION 2-1 General: The submittal shall be complete with all necessary information included for review of the project. The material required shall include, but shall not be limited to the Design Report, the Plans, the Specifications, and the Drainage Report. No review based on a partial submittal will be made. The final review.will be concurrent with the review of all public improvements, including water, sewer, drainage, and:final tree preservation. 2-2 Design Report: The Design Report shall be'..a-separately bound., document and shall contain all information not -normally.. shown. on..the. plans or given in the specifications, including design calculations, results of soil borings, soil test results, and any other design data used in the development of the Plans and Specifications. 2-3 Horizontal and Vertical Datum: All elevations shall be based on the USGS Survey and all horizontal controls shall tie to the State Plane Coordinate System. Both vertical and horizontal controls shall be tied to monuments as described in the City's GPS Survey Report. 2-4 Plans: The Plans shall be submitted on 24" X 36".sheets. No other size will be allowed unless specifically approved by the City. Plans shall be submitted at the. scale necessary to. make the plans easily read and interpreted. Plans shall be on a scale of not less than 1 inch = 50 feet. The layout shall include, but shall not be limited to the following information. 1) Street right of way, proposed and existing 2) Existing and proposed utility easements 3) Curve Data 4) Stationing 5) Location and size of existing and proposed utilities 6) Location and size of existing and proposed drainage facilities 7) Intersection Radii 8) Soil Boring Locations 2- 1 I 9) California Bearing Ratio (CBR) Test Locations I. 10) Elevations at the beginning, mid -point, and end of the radius returns at all intersections 11) A legend showing typical symbols used in the plans 12) Existing and proposed property lines 13) North arrow 14) Street and Right of Way dimensions 15) Sidewalks and trails Street profiles shall be shown on a horizontal scale to match the layout with a vertical scale of not less than 1 inch = 5 feet. Information to be shown with.the.profiles shall -include,.but shall. not be limited to: Ii) Existing ground elevations 2) Proposed top.of curb.. grades.on..each side of the street 3) Vertical Curve Data ' 4) Proposed and existing drainage and utility line crossings (size and location) 5) Proposed finished grades 6) Cross sections at a maximum spacing of 50 feet. Additional cross sections shall be where needed for clarification purposes ' 7) Sidewalks and trails A typical street section shall be included in the Plans and shall show the following: 1) Pavement type, width and thickness 2) Cross slope and crown ' 3) Location of profile grade 4) Curbs 5) Existing and proposed grades ' 6) Right of way width 7) Sidewalks or trails, if required 8) Landscaping, if required ' Revisions to drawings shall be indicated above the title block and shall show the nature of the revisions and the date made. ' 2-5 Specifications: Technical specifications shall include material requirements and methods of construction, quality control requirements, sampling, and testing procedures and frequency as delineated in other sections of these standards. 1 `tea I 2-6 As -Built Plans: ' "As -Built" plans shall depict an accurate account of the construction. Construction plans which are "rubber stamped" and submitted for the purposes of "As -Built" Plans are not acceptable. One set of "As -Built" Plans shall be required along with the final costs associated with the Street Construction, and shall be due prior to the filing of the Final Plat. I I I I I 11 I I I I I 2- 3 I I' I. MINIMUM STREET STANDARDS SECTION 3, STREET DESIGN PRINCIPLES 3-1 General: The principles governing the design of streets shall conform to the requirements of these standards, to the standards that may be referenced herein, and to appropriate City Ordinances. General criteria with regard to street classification and ' other characteristics shall be as stated in other sections of these standards. ' Parking, parking lots; driveways, stormwater. drainage, and erosion control' requirements are specified in..separate.ordinances and are not included in these standards. I3-2 Alignment: ' Horizontal curves shall be circular curves with a minimum centerline radii of not less than 150 feet for residential streets and 200 feet for collector streets. Curves on streets with higher classifications shall be designed on an individual basis. A tangent ' of at least 100 feet shall separate reverse curves. All vertical curves shall be parabolic type curves. Minimum vertical curve lengths (L) shall depend on the design speed and shall be equal to K times A where K equals the coefficient as shown in the table below, and A equals the algebraic difference in grades when the grades are expressed as a percentage. Vertical Curve Coefficient (K) Speed K Values (mph) Crest Sag ' 25 20 30 30 30 40 35 40-50 50 3-3 Intersections: ' Intersections shall be planned and designed to provide a safe system for present and prospective traffic. Intersections shall be graded to provide positive drainage and shall conform to the ' alignment and grading requirements of these standards. ' 3-1 I I The following standards shall apply to intersection design: I I I I It is understood that the sight distances listed above are a ' minimum and that longer sight distances may be requiredwhere topography will allow and/or when streets with a classification of collector or higher are involved. 3-4 Cross Sections and Right of Way Widths: Pavement cross sections shall conform to the details included in these standards and are included in Appendix "D". Skewed street sections will not be allowed without specific approval of the City Engineer. Pavement cross slopes for all streets shall be a minimum of 2 percent with a minimum crown height of 6 inches. Gutters shall be sloped to match the street. On the elevated side of a uniform cross slope or superelevated ' street, the gutter may slope toward the street centerline provided the gutter cross slope does not exceed the cross slope of the adjacent lane. Transitions from normal crowns to uniform cross ' slope or superelevated sections shall provide for minimum longitudinal grades. Superelevated sections shall conform to the AHTD Standard Drawings. ' The minimum right of way shall be as called for in Section I- 3. Greater widths may be required if needed to accommodate a particular street design. 3-5 Railroad Crossings: I. Grade crossings at railroads shall provide for the same minimum sight distances as street intersections. The ENGINEER OF RECORD shall be responsible for all coordination with the railroad- ' company connected with approval of the crossing and shall work with the City in obtaining a Joint Use Agreement with the railroad. 3-2 Desian Consideration Approach speed Sight Distance (Minimum) Grade Within 100 feet Minimum Angle Minimum Curb Radius Local Streets Collector Streets Minimum Jogs Local Streets Collector Streets Ordinary Hilly 25 mph 20 mph 90 feet 70 feet 0% 4% 750 750 30 feet 50 feet 150 feet 200 feet 30 feet 50 feet 150 feet 200 feet I I I II I I I I• I I I I I I C I I I 3-6 Minimum and Maximum Grades: The minimum grades shall be that grade required to provide positive drainage for the street. The maximum allowable grade for local streets shall be 10 percent with a provision for a 15 percent grade for a maximum distance of 300 feet in the case of hilly terrain. For collector streets the maximum grade shall be 8 percent with a provision for 12 percent maximum grade for no more than 300 feet. 3-7 Sight Distance Requirements and Design Speeds: Minimum sight distance for local and residential streets shall be 250 feet under ordinary.:conditions and 200 feet for. hilly conditions.. Collectorstreets shall have..a minimum sight distance of 150-350 feet, depending on the topography. The Arkansas Highway and Transportation Department definition of site. distance shall apply. The design speed shall be 20 to:.30:mph_for.local.streets and 25 to 35 mph for collector streets. 3-3 MINIMUM STREET STANDARDS SECTION 4, PAVEMENT DESIGN 4-1 Pavement Types: ' Street pavement sections shall be either flexible type with an asphalt concrete surface or rigid type consisting of a ' portland cement concrete section and surface. Curb and gutter shall be portland cement concrete. Flexible pavements may be composed of a crushed stone base ' course with an.asphaltic concrete..surface or a.full-depth asphalt structure utilizing a bituminous course. ' Rigid structures shall be full depth portland cement concrete to the designed thickness with a crushed stone drainage/leveling course of no less than 2 inches. ' Pavement sections shall be designed'in.accordance with the procedures and criteria of the AASHTO GUIDE FOR DESIGN OF PAVEMENT STRUCTURES,latest edition, and the criteria contained ' herein. Any conflicts shall be resolved in favor of the more stringent criteria resulting in a stronger and deeper pavement section. ' References to various materials, testing and construction shall refer to the latest editions of AASHTO, ASTM, and the Standard Specifications of the Arkansas State Highway and ' Transportation Department. Typical design requirements are summarized in Appendices "A" ' "B" 4-2 Pavement Materials and Construction: ' All pavement materials, construction methods, standards, time and temperature constraints, seasonal constraints,, and performance requirements shall be in accordance with the latest edition of the AHTD STANDARD SPECIFICATIONS FOR HIGHWAY CONSTRUCTION, and this set of requirements (SECTION 4, PAVEMENT DESIGN) unless specifically approved otherwise in writing by the CITY ENGINEER for a specific and individual exception. All testing shall be in accordance with Section 7, Inspections and Testing. 4-3 Subgrade Material: Subgrade soils shall be all materials used for subgrade including in -situ materials and fill materials. Subgrades for pavement shall be stabilized by mechanical compaction or by other ' 4-1 I I I I I Li I I I H 1 H H I methods approved in writing by the City Engineer. Stabilization methods such as fabrics and chemical stabilization may be submitted for approval when supported by engineering data and calculations to substantiate the adequacy of the stabilization procedure. The top 24 inches of the subgrade shall be a material not susceptible to frost action unless modified with cement, lime or another method approved specifically by the City Engineer to resist frost action (Soils classified as A-4 and A-5, including sandy silts, fine silty sand or lean clays are highly susceptible to frost action). Methods and procedures forestablishing the total depth of soil replacement and/or modification shall be specified by the design engineer and included in the project plans and specifications; The minimum depth of. replacement. shall be 24 inches in the absence of engineering data showing. otherwise. The adequacy of in -situ soils and fillmaterial as pavement subgrade shall be evaluated based upon the soils classifications, liquid limit, plasticity limit and California Bearing Ratio (CBR) values. All soils with a liquid limit greater than 40, or a plasticity index greater than 15, or a CBR value of less than eight (8) shall be undercut and removed from the street section or improved by a designed method of stabilization accepted by the City Engineer. Soils with a CBR of eight (8) or greater, and classified as GM or GC soil, shall be accepted as "Hillside" material and no further treatment or upgrade will be required. Subgrade compaction requirementsincludingthe moisture - density requirements shall be shown both on the plans and in the specifications (minimum 95 percent modified proctor required) Sampling and testing of subgrade materials shall be as set forth in Paragraph 4.8 of these Standards. Pavement designs which utilize a subbase course shall include test data and specifications for the subbase material in the calculations submitted to the City Engineer for review and approval. 4-4 Base Course: Base course material shall be crushed stone meeting the requirements of AHTD class 7 aggregate base course as specified 4-2 I in the AHTD Specifications (Division 300, BASES AND GRANULAR SURFACES, AHTD Standard Specifications 1993 or latest edition). Base course materials shall be certified by the supplier to meet the AHTD class 7 requirements and identified as to the type of material, properties (including gradation, density and proctor), and source. The base course for full depth asphalt shall utilize plant mix bituminous base and conforming to AHTD Specifications (Division PAVEMENTS, AHTD Standard Specifications 1993 The surface course for f Asphalt Concrete Hot Mix Type Specifications (Division 400, Specifications 1993 or latest other design mixes, including basis. lexible•pavement sections shall. be 2.or 3.as specified in.the AHTD ASPHALT PAVEMENTS, AHTD:Standard edition). The City will consider "Superpave" mixes on an individual The surface course for rigid pavement shall be reinforced or non -reinforced (as determined by design calculations) portland cement concrete as specified in the AHTD specifications (Division 500, RIGID PAVEMENT, AHTD Standard Specifications 1993 or latest edition). Where grades are greater than 10 percent than 300 feet, the paving material shall use of an asphalt design is specifically Engineer. All curb and gutter shall be portland meeting the requirement of Section 634, CU Specifications 1993 or latest edition). 4-7 Subsurface Drainage: be concrete authorized by concrete HTD Standard The requirement for drainage layers, subsurface drainage and underdrains shall be evaluated by the design engineer on a individual project basis. Pipe underdrains shall be installed at all locations where subsurface moisture will affect the stability of the subgrade or result in unsatisfactory pavement performance. Special attention is called to the typical need for all streets in cut sections and on hillsides to include subsurface ' drainage systems. The design engineer shall be required to perform, or acquire, geotechnical and subsurface investigations to determine the need of subsurface drainage for each street and segment therefore to be designed and constructed. ' 4-8 Pavement Section Design Requirements: Unless specifically authorized in writing by the City Engineer as an. exception for a specific project, all pavement ' sections shall be designed in accordance with the AASHTO GUIDE FOR DESIGN OF PAVEMENT STRUCTURES,latest edition. I I I I L I I I I I I In lieu of formal design for "Residential" and "Local" streets the designer may use the minimum criteria as provided in Appendices I and II. A minimum design period (traffic analysis/forecast) of 20 years shall be used for pavement section design. Minimum traffic volumes and equivalent 18 kip axle loads (ESAL) shall be as provided in appendix I. A formal traffic study with projections and supporting data shall be submitted for all street classifications where minimum ESAL criteria is not provided. All street designs shall use a factor of 4.5 for the Initial (present) serviceability index. All street designs shall use a factor of 2.5 for the terminal serviceability index. Subgrade soils shall be all materials used for subgrade including in -situ materials and fill materials. The investigation and evaluation of subgrade soils. shall be an integral.component of all pavement designs and shall include the following minimum requirements: a) Geotechnical: All testing and geotechnical work shall be provided by a firm approved by the City Engineer and provided at the expense of the developer or the design engineer. The geotechnical firm shall provide copies of all test results, reports, soils classifications and subsurface drainage requirements directly to the City Engineer. b) Sampling and Testing: The investigation and sampling of soils shall conform to AASHTO T 86 (ASTM D420) or latest revision and test procedures referenced therein. The sampling of in -situ subgrade soils may be accomplished 4-4 r I I PT I I I I I C Subgrade support capacity for all pavements (resilient ' modulus for flexible pavements and modulus of subgrade reaction for rigid pavements) shall be determined from the load bearing strength (CBR) of the soils based upon the correlation contained in the AASHTO Guide for the design of Pavement Structures except where other correlation data are approved in writing by the City Engineer. by boring or excavation of test pits. The minimum sampling and testing frequency shall be one (1) density test, one (1) liquid limit, one (1) plasticity index, one (1) gradation and soils classifications and one (1) CBR for each 500 feet of street or section thereof, or change in subgrade material, with a minimum of three sets of tests per project. The minimum depth of boring or excavation for in -situ materials shall be four (4) feet below the top of the elevation of the final compacted subgrade. Additional depth shall be required when deemed necessary by the design Engineer or the City Engineer. Additional sampling and. tests will be requested when deemed necessary by the City Engineer. The specific locations for all additional samples shall be determined by the City Engineer's representative. c) Soil Classification: Subgrade soils shall be classified in accordance with the AASHTO•System and the Unified Soil Classification system. All tests required for the classification of the soils shall be performed and reported unless specifically waived by the City Engineer. d. Load Bearing Strength: Load bearing strength of soils shall be determined by the California Bearing Ratio (CBR) test in accordance with AASHTO T 193 or ASTM D 1883. The frequency and location for samples for CBR tests shall be as noted in section 4-8(b) above with the specific sample for the CBR test taken at the proposed finished subgrade elevation. I I I I I 4-5 MINIMUM STREET STANDARDS SECTION 5. UTILITIES AND UTILITY CROSSINGS All utilities to be located within the street right of way shall be installed in accordance with the specifications of the I. utility company involved and shall be subject to City Ordinances governing utilities in.street rights of way. '• Utilities or encasements for utilities either under the street or located within 3 feet of the back of the curb shall be installed prior to the subgrade being completed. I. Minimum depth of water and sewer.lines and testing requirements for backfill shall, be as specified elsewhere in these standards and in the Standard..Specifications. Line ' Construction or Standard Specifications for Sewer Line Construction. "Plowable Fill" may be utilized°as backfill for utility_ crossings if authorized specifically by the City. Where encasement pipe is installed for future utility ' installation the encasement shall extend, as a minimum, from 3 feet from the back of the curb on one side of the street to 3 feet back of the curb on the other side of the street. Where a storm drain pipe or french drain is located parallel to the street, the encasement pipe shall extend a minimum of 3 feet beyond the outside edge of the drainage pipe. ' Encasements shall extend from right of way to right of way when required by the individual utility companies to avoid conflict with sidewalks, etc. I I I 5-1 [1 MINIMUM STREET STANDARDS SECTION 6 - EROSION CONTROL 6-1 Requirement for Erosion Control: Erosion control measures shall be taken during construction to minimize the amount of silt and soil from entering adjacent streams and storm drainage facilities and to protect slopes and fill areas. 1 6-2 Permits Required: A Grading Permit as called for in the City's ordinance on ' the Physical Alteration of Land.shall'be obtained and all work shall be in conformance with theapplicable provisions of that ordinance. The Grading Permit may be combined with the:Stormwater Management, Drainage, and Erosion Control Permit. If the site to be disturbed is greater than 5 acres then a "Notice of Intent" shall be filed with the Arkansas Department of ' Pollution Control and Ecology in accordance with State Law. Under State law, this is a requirement of the contractor(s) who are working on the job. It is the sole responsibility of the contractor(s) to be fully informed of the requirements of the state law in this regard. It should be noted that Grading Permits are required for the ' areas from which material is taken and for those areas where materials are wasted if those areas are within the City Limits of Fayetteville. 6-3 Permanent Erosion Control Measures: ' Permanent erosion control measures shall include seeding and mulching, sodding, etc and shall be used in all areas within the right of way and temporary construction.easements in accordance with the provisions of the City's ordinance on the Physical Alteration of Land and the approved erosion control plan approved. in conjunction with the street improvements. I I 6-1 MINIMUM STREET STANDARDS SECTION 7 - INSPECTIONS AND TESTING 7-1 General: Materials and construction employed in street improvements will be subject to inspection and quality control testing. All testing shall be provided by the Developer. 7-2 Inspections: The Developer shall provide for inspections of street improvements during construction.. The - inspections - shall be - accomplished under the supervision of the Engineer of Record. The Engineer of Record shall provide certification that, all materials and construction conform to the'approved.plans-.and specifications ' and with these Minimum Street Standards. The Engineer of Record shall furnish full time inspection on the job as required by state law. This law is interpreted by the City to mean that a representative of the Engineer of Record must be on the job whenever a critical construction activity is taking place. ' All field tests required for a project shall be witnessed by the City, the Engineer of record, and the Contractor, or their ' authorized representatives. A 24 hour notice is required on all tests. Calls to the City for the purpose of setting test times shall be made to the City I Engineer's Office by 10:00 AM for test on the following day. Tests delayed by weather or other factors will be rescheduled on the same basis. If a representative of the City cannot be ' present, the City Engineer may authorize the Engineer of record to witness the test and certify to the City the results. ' It is the responsibility of the Engineer. of Record and the Contractor to coordinate the scheduling of such tests with the City. Prior to final acceptance by the City, the project shall be subject to a joint final inspection by the City, the Engineer of Record, and the Contractor. The City Street Maintenance Manager ' and the Water and Sewer Maintenance Manager may also be a part of the final inspection. I ' 7-1 It 7-3 Quality Control Testing: ' The Developer/Owner shall provide quality control testing for all materials and construction involved in the street improvements. All testing shall be accomplished by a testing firm ' approved by the City Engineer and shall be performed under the supervision of an Professional Engineer. ' Minimum test requirements and minimum frequency of sampling and testing shall be given in Paragraph 7-4. Projects will be evaluated individually and additional testing may be required. The inclusion of tolerances in project specifications will be subject to approval by the City. Engineer.. Deficienciesin quality of materials and/or construction exceeding..the.tolerance..limits will not be approved. I I I Submission of test results.,.shall..be..coordinated with -the various stages of construction. Sampling and.testing.locations will be subject to approval of the City. Exceptions to the number of required tests formaterials may be granted at the sole discretion of the City Engineer when current test data are available. 7-4 Construction Inspection Checklist: Construction Stage Inspection Items ' Subgrade Street subgrade.constructed to accurate grade and. within specified tolerances. ' Moisture condition of subgrade. Subgrade stability. (Proof rolling required in addition to density tests). Base Course Base course constructed to accurate grade and within specified tolerance. I ' 7-2 I Construction Stage Inspection Items Base Course (cont'd) Surface texture uniform (no evidence of segregation). Moisture condition of base course. I I ' Curb and Gutter I I I I Surfacing [1 I I I Base course stability (Proof rolling required in addition to density tests). Curb and gutteralignmentand grade accuracy. Cross section in conformance with typical detail. Concrete finish as specified. No toppings or thin patches permitted. No cracks or other defects. Joint spacing accurate. Joint filler and sealer complete. Where removal and replacement of curb and gutter is required, the replacement section shall extend from joint to joint. Grade and cross section accurate. Surfaces within prescribed tolerance. _Texture and finish uniform. Joints straight and smooth. Joint filler and sealer completed. No cracks or openings at joints. Finish pavement surface shall not be lower than the toe of gutter. 7-3 I I. i_______________________________ 7-5 Additional Tests and Testing Frequency: Density tests on, subgrades and base courses shall be taken every 300 feet or portion thereof, except that each cul-de-sac street shall have one test taken regardless of its length. The ' subgrade shall be compacted to 95% of Modified Proctor. The base course shall be compacted to 95% of Modified Proctor on Local and Residential Streets and 100% of Modified Proctor on higher ' classified streets. Minimum base course thickness shall be 8 inches except that the base course for concrete streets shall be 2 inches. Asphalt streets shall be cored every 500 feet or portion thereof for the purpose of checking density and thickness, except that each cul-de-sac street shall have at least one core taken regardless of length. The location of the core shall be chosen so as to accurately represent the quality of the asphalt laid.in a particular area. Samples over a '!run" shall be averaged_for the purpose of determining asphalt thickness -except that in no. case shall be thickness be 1/4 inch less than that specified. Maximum thickness used for averaging purposes shall be the specified thickness plus 1/2 inch. Minimum asphalt density shall be 92.0% of the maximum theoretical density. No density of less than 90.0% shall be acceptable. The asphalt where densities less than 92.0% and more than 90.0% shall be left in place and a penalty of 2 percent of the in -place construction cost of the deficient asphalt shall be paid to the city for each 0.10 % deviation from the required density up to a maximum penalty of 40 percent. Where densities are less than 90.0%, the paving shall be removed and replaced. ' The asphalt density used for the purpose of computing the penalty shall be the average density over the entire street or streets within the development as determined by the core samples. ' No densities under 90% shall be used in the average..All.areas of less than 90% shall be removed and replaced using the AHTD criteria for determining the area of replacement. ' Minimum thickness of concrete streets shall be 6 inches and minimum 28 day compressive strength shall be 3500 psi. A set of cylinders shall be taken for each 100 cubic yards or portion ' thereof poured. Concrete for curb and gutters shall be a minimum 28 day compressive strength of 3000 psi. One set of cylinders shall be ' taken for each 1000 feet of curb and gutter poured, or portion thereof. I ' 7-4 I I Concrete streets shall be cored every 500 feet or portion ' thereof for the purpose of checking thickness. Thickness shall not be more than 0.50 inches deficient. Areas of more than 0.50 inches deficiency shall be removed and replaced. The City may, at its sole option, choose to leave the deficient concrete slab in ' place and accept a cash payment equal to 100 percent of the in - place construction cost of the deficient concrete. ' Concrete testing out less than 80 percent of design strength shall be removed and replaced. Concrete testing out at 98 percent of the design strength shall be deemed to meet the ' specifications. A prorated penalty of 0% to 50% of the contract price for concrete placement shall, be paid to.the.CITY on concrete falling between 98 and 80' percent of:design strength. ' . Any failed density or thickness test may be offset by the taking of new tests in•accordance with- the procedures. -contained in the latest edition of the Arkansas State Highway and Transportation Department's Standard Specifications for HIGHWAY CONSTRUCTION. Additional material and in -place testing may be required. Such tests, if required by the City, shall be accomplished and evaluated in accordance with the applicable sections of the Standard Specifications for HIGHWAY CONSTRUCTION, Arkansas State Highway and Transportation Department. 7-5 APPENDIX "A" - PAVEMENT DESIGN CRITERIA General Design Requirements: ' Design period shall be 20 year minimum. • ' Initial (present) serviceability index factor shall be 4.5. Terminal serviceability index factor shall be 2.5 minimum. ' Alldesigns shall be in accordancewith the AASHTO Guide for Design of Pavement Structures, latest edition. Structural Number Layer Coefficients: Min. Thickness Pavement Materials of course (inches) Asphaltic Concrete Surface Asphalt Concrete Binder Asphalt Stabilized Base Crushed Stone Base Portland Cement Concrete 3 2 4 6 ' * Formal rigid pavement design required. 1 Structural Coefficient per inch thickness .44 .44 .34 .14 r APPENDIX "B" - TYPICAL PAVEMENT DESIGNS Minimum Pavement Design Criteria In lieu of formal designs" the following minimum street pavement sections may be used, however, the CITY reserves the right to requite a formal design. ' Street Type Section Type Flexible Full Depth Composite Asphalt Rigid' Residential streets 3 in. surface 2 in. surface 6 in. PC (ADT to 1000 8 in. base 5 in. B base 2 in. base and ESAL of 10) (Minimum SN = 2.44) 'Local Streets 2 in. surface 2 in. surface 7 in. PC (ADT to 4000 3 in. binder 3 in. binder 2 in. base and ESAL of 40) 6 in. base 4 in. black base (Minimum SN = 3.0) tALL OTHER STREET CLASSIFICATIONS SHALL REQUIRE FORMAL DESIGN I *1 Formal designs may be performed (are encouraged) by the design ' Engineer to determine specific pavement sections required for specific subgrade and specific project requirements and these designs submitted to the City Engineer for review. Soils testing is required in compliance with the Pavement Design Standards and a minimum acceptable ' subgrade CBR value of 8 shall be required to utilize the minimum sections shown above. ' *2 Joint spacing and joint design shall be in accordance with the AASHTO Guide for Design of Pavement Structures. I I I I t I 1 APPENDIX "C" - ACKNOWLEDGEMENT FORM LETTER I 'City Engineer City of Fayetteville 113 West Mountain Street ' Fayetteville, Arkansas 72701 Re: NAME OF PROJECT Dear Sir, This letter is to certify that I am familiar with the approved Plans and Specifications relating to the above referenced project and it is my intent to construct the improvements.in connection therewith in full accordance with the approved Plans and Specifications.and with:the terms and conditions of the formal Letter of Approval -as issued by the City of Fayetteville. ' SIGNED: 1 OWNER/ DEVELOPER I I I.I I I I I I I I I I I I I I I Li I I I I I1 ORDINANCE NO-_knn5 AN ORDINANCE AMENDING CHAPTER 98: STREETS AND SIDEWALKS, SECTION 98.67: SPECIFICATIONS, OF THE CODE OF FAYETTEVILLE, TO PROVIDE STANDARDS FOR SIDEWALKS, DRIVEWAY APPROACHES. AND ACCESS RAMPS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Chapter 98: Streets and Sidewalks. Section 98.67: Specifications, of the Code of Favetteville, is hereby deleted and the following shall he inserted in its stead: § 98.67 SPECIFICATIONS. (A) Sidewalks. (See: Illustration. Residential Type Sidewalk). (1) Grades: establishment of property lines. All sidewalks. street curbing and guttering, and driveway approaches shall he constructed in grades as established by the city official. It shall he the responsibility of the owner to establish property lines by competent survey at his own expense. (2) Minimum width of sidewalks. The minimum width of sidewalks shall follow the guidelines of Section 8.2, Master Street Plan, of the General Plan 2020. (3) Sidewalk distances from the curb. The sidewalk setback distance from the curb shall follow the guidelines of Section 8.2. Master Street Plan, of the General Plan 2020. (4) There shall he a minimum of one (.l) foot between the sidewalk and the beginning of a slope as shown on the typical section detail. (5) Cement -concrete requirement. All sidewalks, street curbing and guttering, and concrete driveway approaches shall be constructed of a Portland cement concrete mixture which will produce a concrete of a compressive strength of 3.000 pounds per square inch after 28 days set under standard laboratory methods. (6) Minimum thickness of sidewalks and driveway approaches. The minimum thickness of sidewalks shall be four (4) inches with any till materials required for residential or commercial sidewalks consisting of approved compacted base material. The minimum thickness of residential driveway approaches shall be four (4) inches with four (4) inches of compacted base material or six inch by six inch 10 gauge reinforcing steel. The minimum thickness of commercial driveway approaches shall be six (6) inches with six (6) inches of compacted base material or six inch by six inch 10 gauge reinforcing steel. (7) Sidewalks shall conform to ADA guidelines.. I Page 2 Ordinance No. 4005 (8) Sidewalks shall he continuous through driveways with a cold joint or expansion joint at the edge of the sidewalk opposite the street. ' (9) The sidewalk edge adjacent to the street shall have at least a one (1) inch deep grooved joint mark (can be a cold joint) to clearly define the sidewalk through the driveway and approach. (10) The sidewalk elevation shall be two percent above the top of the curb, sloping two percent towards the curb (one-fourth inch in each foot). This elevation shall be continuous through the driveway and approach. ' (11) Sidewalks that are to be constructed adjacent to the curb shall be so located at their intersection with the approach and the driveway that the ADA requirement of the two percent maximum vertical slope is met. (12) The area remaining between the sidewalk and the flow -line of the gutter, called the approach to the driveway, shall slope up to the elevation of the ' sidewalk. (13) Wood shall not be acceptable in sidewalks for expansion joints. The joint material shall he the same as approved for AHTD sidewalk construction (AASHTO M 213). ' (14) Full depth expansion joints (4 inches) shall he provided at not greater intervals than 50 feet. One -quarter depth (1 inch) weakened plane joints ' or saw -cut joints shall he placed in sidewalk at regular intervals not greater than 10 feet apart. (15) All sidewalks and curb cuts made for driveway approaches require Ian inspection prior to the concrete pour. (16) The material used for sidewalk construction shall he Portland Cement Concrete having a broom finish. The use of other materials must have ' the approval of the Sidewalk and Trails Coordinator. (17) All sidewalks shall have one-half inch rolled edges. (18) Removal and replacement of broken sidewalks require vertical saw - cuts ' on both ends of the sidewalk being replaced. (19) All sidewalks and driveway approaches require the application of a concrete curing compound or the concrete is to be kept moist for seven (7) ' days. B. Driveway Approaches. (See: illustration. Standard Driveway Approach ' Residential). (1) Curb, if existing, shall he removed for full width of the drive approach. ' (2) All concrete to he removed shall be saw -cut. (3) Horizontal curb cutting along the flow -line of the gutter is allowed. (4) If no horizontal curb cut is made, complete curb and gutter removal ' is required. (5) Broken edges of saw -cuts caused by demolition require a new saw - cut. I I it Page 3 ' Ordinance No. 4005 (6) Width of driveway approaches. The width of commercial driveway approaches shall not exceed 40 feet measured at right angles to the center -line of the driveway approach. The width of residential driveway approaches shall not exceed 24 feet measured at right angles to the center -line of the driveway ' approach. The minimum width shall not be less than 10 feet. (7) Safety zones. Safety zones between driveway approaches shall not be less than the distance designated for distances between curb cuts in the standards for street design of the subdivision regulations of Ordinance No. 1750 of the city. On streets of higher use designation than collector, the standards for collector streets shall apply. Curbs shall be installed to prohibit vehicle parking and access in safety zones. The barrier line nearest the street or highway shall be on line with existing curbs, or established curb lines, but not less than 22 feet from the center of the pavement; provided the city official does not require a greater distance when needed to preserve the safety and utility of the street or highway or provide conformance with proposed street or highway improvements. The curb cut for a driveway approach (other than for a single-family residential lot) shall be located a minimum of 121/2 feet from the nearest property line: curb cuts between driveway approaches on single-family residential lots shall be separated by a minimum of 10 feet. The curb cut for a driveway approach on ' a single-family residential lot shall be located a minimum of 5 feet from the side property line; provided, this requirement shall not apply to a joint driveway (driveway approach providing access to two adjoining lots), or residential lots • on the turning circle of a cul-de-sac. • (8) Safety zones at intersections and corners. No driveway approach shall be constructed less than the distance from the corner of a street or highway ' intersection designated in the standards for street design of the subdivision regulations of Ordinance No. 1750 of the city; provided the city official may require a greater distance between the corner and the driveway approach to ' preserve the safety of the street or highway; provided further the city may require the property owner to designate a driveway approach "for entrance only or "for exit only" where more than one driveway approach provided access to the property in order to preserve the safety of the street or highway. On streets of a higher use designation than collector, the standards for distances between curb cuts for collector streets shall apply. ' (9) Variations. The city official may grant variations where strict enforcement would be impractical due to circumstances unique to the individual property under consideration. 1 C. Access Ramps (Installation guidelines). (See Fig. 11, Fig. 12 & Fig. 13) (1) Access ramps shall conform to ADA requirements. ' (2) Access ramps shall he installed at all sidewalk intersections with the street. (3) Access ramps shall be installed in a direct parallel direction to the sidewalk. Note: Therefore, many curb radii will require two (2) access ramps. I Page 4 Ordinance No. 4005 (4) The raised or built-up access ramp shall not be installed on public streets without the approval of the Street Superintendent. (5) The minimum width of a curb ramp shall he 36 inches and 48 inches is recommended, exclusive of flared sides. (6) The slope of the ramp shall not be greater than 8.33 percent (1:12). (7) The slope of the flared sides shall not be greater than 10 percent (1:10). (8) Access ramps shall have a broom finish. PASSED AND APPROVED this 19th day of November , 1996. A , . APPROVED• Y • / tired Hanna, Mayor Ii .I ATTEST: By: Qjj' Traci Paul. City Clerk I I I L 6.06 a Sicce G eer fe .tea Width pet Plop \j1 I' -S 144 • Y 3 '71 L Ill REED —N i tAL TYPE StE'WALK 6IDEW AuG5 4'vIUL-L'f10N DETAIL R!I W• x I I tl I t. ` 4: . } .• .. '•�jc:n Sidtwou .Jain $idewe,l �.1 I tII I. ` roe of curb. t . ' �; •'• :' ...• i- . } s I. . � .. • .II - �.I •-•- 1 l• 1 � Flaw ��ne (-:: .....- ..•• ((. Edge of Gutter R-- PLAN Ei7IAL Curb Fecs" I Oeoressau Curb I Flow Lint d I I ci t SECTION A- A STANDARD DRIVEWAY APPROACH RES:DEMTIAL 1 I 6.07 X Mjsffilnq shalleps shR . r:: ll f10[a�a I:2C �M R • • lane sti • ' .rr soon P .11.11 Curt N{easazrmmCurb t of Kamp Stop I I L I I I (0 FLiae sides 1/xU !m than 44 bs. Ulm u» slope a W dart albs s%se as saesw !:!2 Mg. 12 Side of Curb Ramps (M Ram. Ctttt er aMee ea.e sulsos LI