Loading...
HomeMy WebLinkAbout6-98 RESOLUTION• RESOLUTION NO. 6-98 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $115,489.50, PLUS A PROJECT CONTINGENCY OF $20,000, WITH FAYETTE TREE AND TRENCH, FOR WATER AND SANITARY SEWER SYSTEM IMPROVEMENTS ON SHERMAN AVENUE AND FIFTH STREET; AND APPROVAL OF A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section l That the City Council hereby approves a construction contract, in the amount of $115,489 50, plus a project contingency of $20,000, with Fayette Tree and Trench, for water arid sanitary sewer system improvements on Sherman Avenue and 5th Street; and authorizes the mayor and city clerk to execute same. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section2 The City Council hereby approves a budget adjustment in the amount of $31,960 increasing Water Line Improvements, Acct. No. 5400 5600 5808 00 by decreasing Payments by Property Owners, Acct. No. 5400 0940 4420. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this _6th day of January , 1998. APPROVED: /JC ,('// /% 1 ~ \` t:� //n ten J i�/fit^B%% Y' is • r - ATTEST.i By /1/243 Traci Smith, City Clerk red Hanna, Mayor City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1998 Department: Public Works Division: Water & Sewer Capital Program: Capital Water Mains Date Requested 12/10/97 Adjustment # Project or Item Requested: Increase in the Wa er & Sewer Cost Share Project budget and recognition of Payments by Property Owners for a cost share water & sewer project is requested. Project or Item Deleted: None. Recognition of contribution from a property owner is proposed to fund this request. Justification of this Increase: The property owner - Habitat for Humanity - has committed funding from a grant to cost share the water & sewer line cost. Justification of this Decrease: No decrease is proposed. Additional funds are from contributions by a property :+c -Account Name Aminmt 9« ' . . tkAccount Number Water Line hnmovements 31,960 .5400 5600 5808 00 -=w 9702 Increase mount Name Payments by Property Owners • -A unt Ntimber r; 31,960 .5400 0940 +Esq.+_ 414420 00 t iidgctQfce Use r Bu Coordi , DCparnnent `r irector Admin. Se ces Di Mayor C:APP \98BUD\BUDGET\HABITAT. WK3 Date of Appro Posted to General Ledger:;'"' Entered in Category Log .-Midget Office Copy 1 1 1 1 1 1. 1 1 1 1 1 1 1 1 1 fog: G;1 %L x K MICROFILMED DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS WATER AND SEWER SYSTEM IMPROVEMENTS SHERMAN AVENUE AND FIFTH STREET BID NO. 97-35 CITY OF FAYETTEVILLE, ARKANSAS NOVEMBER 1997 CITY OF FAYETTEVILLE ENGINEERING DIVISION CAPITAL IMPROVEMENT PROGRAM /�lSt A T E'p ARKANAS FEGIS*T RED PE F i!t ^ AL k 0o No.6646 -c1). BES, • t - u M1 . ^AINMERISURANCECANSTATES Al l •,..e KNOW AMERICAN INDIANAPOLIS, That AR 72 STATES INSURANCE COMPANY . INDIANA 46204-1275 AND PAYMENT BOND we FAYETTE TREE & TRENCH, INC. LINCOLN NATIONALCOW'ORATION PERFORMANCE ALL MEN BY THESE PRESENTS, P.O. BOX 471, FAYETTEVILLE, ?-.Vb Principal, (hereinafter called Principal) and AMERICAN offices in Indianapolis, Indiana, as CITY OF FAYETTEVILLE, STATES INSURANCE COMPANY, an Indiana corporation, with principal Surety, (hereinafter called Surety), are held and firmly bound unto FAYETTEVILLE, ARKANSAS 72701 , as Obligee, (here- inafter called the Obligee) in the amount EIGHTY-N,INE & 50/100 of ONE HUNDRED FIFTEEN THOUSAND, FOUR HUNDRED Dollars ($ 115,489.50* ) for the payment of which sum well and successors and assigns firmly by these WHEREAS, the Principal did on written contract with said Obligee AND FIRTH STREET, FAYETTEVILLE, truly to presents. the for WATER be made, we bind ourselves, (v day of Sawa"( our heirs, executors, administrators, 19�, enter into a & SEWER SYSTEM IMPROVEMENTS, SHERMAN AVENUE AR -(BID 11 97-35) which Contract is by reference made NOW, THEREFORE, THE CONDITION indemnify the Obligee against any (a) faithfully perform said contract pletion of said Contract by persons obligation shall be null and void; otherwise This bond is executed and accepted (1) That the Obligee shall faithfully to be performed by the Obligee. (2) That the Obligee shall notify Office, of any breach of said the knowledge of the Obligee. (3) All suits at law or proceedings after the completion of said said contract for its completion. SIGNED, SEALED AND DATED this a part hereof, and is hereinafter referred OF THIS OBLIGATION IS SUCH, loss or damage directly arising by reason of and (b) pay all just claims for labor and material firms or corporations having direct contracts to remain in full force and effect. subject to the following conditions: and punctually perform all the terms and the Surety by registered letter, addressed Contract within a reasonable time after such in equity to recover on this bond must contract, and in any event within twelve day of to as the Contract. That if the Principal the failure of the furnished in with the Principal, conditions of said and mailed to tt breach shall have �: shall Principal to the com- then this Contract .- •. ..J at its Home" come to _ „, w be instituted witkin months from th�xdate 4-44•0179"-,-:-.N`. six months S fixed int 19 ja (Seal) Form 9-1041 (12-71) FAYETTE TREE & TRENCH, INC. n , . AMERICAN STATES INSURANCE COMPANY:;.-.- BY• = `BCM^.._ `FPrincipa 1� T`Y 4.Fwr-C4 y A3fornoy-in-fact. --,� - - AINSUMERRICANNAESTATES C • we UNCOIN NA710NFLCOaPOfiATP0N LL o1— ZW < W I— ZZ —w o u) W CC — ZZ aCC W W a - w aw aw d O~ z Z W o I 1- W ZU w Z W Z FZ_ Z cc w LL W O ZCC tr.U O W I— < a WI 0 M WIT 0 0— of • Z 0 > QQ 1- O 3 Zo CO CC (n H ~ GENERAL POWER OFAtTORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS, that American States Insurance Company. a Corporation duly organized and existing under the laws of the State of Indiana, and having its principal office in the City of Indianapolis, Indiana, hath made. constituted and appointed, and does by these presents make, constitute and appoint ROBERT M. RENNER OR KEVIN RENNER of Fayetteville and State of Arkansas CD its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred In its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, contracts 01 indemnity and other conditional or obligatory undertakings provided, however, N that the penal sum of any one such instrument executed hereunder shall not exceed I TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 ($2,500,000.00) DOLLARS N and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation 1 and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By -Laws of the American States Insurance Company, which reads as follows: "The Chairman, the President or any Vice -President (including any Executive Vice -President, Senior Vice -President, Second Vice -President or Assistant Vice -President) shall have power, by and with the concurrence with any other officer of the Corporation, to appoint Attorneys -in -fact as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" IN WITNESS WHEREOF, American States Insurance Company has caused these presents to be signed by its Second Vice -President, attested by its Assistant Vice -President and its corporate seal to be hereto affixed this 2 9th day of Aug1a. t Assistant Vice -President STATE OF INDIANA SS COUNTY OF MARION On this 29th day of August AMERICAN STATES INSURANCE COMPANY By � L ecorid ce- resident , A D 19 94 , before me personally came Joseph F. Heim to me known, who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is a Second Vice -President of American States Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Joseph F. Heim further said that he is acquainted with John J. Rosich and knows him to be the Assistant Vice -President of said Corporation; and that he executed the above instrument. MARGO L. THAYER, NOTARY PUBLIC HENDRICKS COUNTY, STATE OF INDIANA MY COMMISSION EXPIRES: 12/3/96 STATE OF INDIANA1 COUNTY OF MARION SS lacy ublic I, John J. Rosich the Assistant Vice -President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By -Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the president or any vice-president (including any Executive Vice -President, Senior Vice -President, Vice -President, Second Vice -President, or Assistant Vice -President) and the secretary, assistant secretary, or other officer, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the lime such policy or other instrument of insurance shall have been actually issued by the Corporation." !�1 IIS ✓ In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this U ` { tt day -of CCQM QV' A.D., 19 47 et,.. tE'rNs Ct.▪ " + . i Fr•: now Assistanj fke-Presiders _ 11 s� G r Y\ ^ok - THIS POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PRINTE2• /IN.ET,FiEE-MARGINHFREOF IN RED INK, WITH A RED DIAGONAL IMPRINT — AMERICAN STATES INSURANCE — PFI[SS1VIN TS E/ ITIRETY. IF 9-1459 YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF ATTORNEY7CALLl13I7-262-6262 OR (2-92) WRITE US AT P.O. BOX 1636, INDIANAPOLIS, IN 46206-1636. • Ilri • " spry ' /. I 1 A eoF LIABILITY'INSURANCE" ). 4iTE(MWD Y) 5/97 ., 1 . 30,«:5 _.. m9 >..... ., ,• Renner & Company, Iris. Pfar:A$ox 427'44.' t '.. ' . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fayetteville, ' Ar 72702 COMPANIES AFFORDING COVERAGE - F sep..S. .'1 `+E.i$. L. ': COMPANY A Tri-State Insurance Company ,INSURED - Fayette Tree & Trench, Inc. COMPANY B American States Insurance Company P.O. lox 471 .1 Fayetteville, Arkansas 72702 COMPANY C Federal Insurance Company • T. i L Flisf'° •., F r COMPANY D '-- 9 k;,,,,/; .. .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THAT •- -. 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LIR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YV) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY • GENERAL AGOR60ATE 6 2 s 000 , 6 J0 .'A X COMMERCIAL GENERAL LIABILITY • PRODUCTS - COMP/OP AGG $ 2,0002000 CLAIMS MADE X OCCUR M 01 03 90 4/30/97 4/30/98 PERSONAL AADV INJURY $ 1,000.00/0 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE S 1 , 000 , 000 FIRE DAMAGE (My one fire) $ 50,(/00 MED EXP (Any one person) $ 5,{)00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S B ANY AUTO 01-CD596945 4/30/97 4/30/98 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) vHIRED AUTOS -OWNED AUTOS - BODILY INJURY (Per eeddenl) S ,NON PROPERTY DAMAGE S GAAAGEUABILITY - AUTO ONLY - EA ACCIDENT S ' - ANY AUTO - OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE S EXCESS UABIUTY EACH OCCURRENCE $ 21000,000 UMBRELLA FORM 4/30/97 4/30/98 AGGREGATE S 2,000,1100 C X (97)79402376 OTHER THAN UMBRELLA FORM S .. COMPENSATION AND' X WLSIA10- TORY LIMITS UM ER ' ... • WORKERS EMPLOYERS' LIABILITY EL EACH ACCIDENT S 500,000 �.B THE PROPRIETOWEL INCL 01=WC731211-40 4/30/97 4/30/98 DISEASE - POLICY LIMIT S 5001000 PARTNERS/EXECUTIVE • OFFICERS ARE: EXCL - EL DISEASE - EA EMPLOYEE S 500, 1 RY OTHER f - L� DESCRIPTION OF OPERATIONS&OCATIONSNEHICLESSPECIAL ITEMS Excavation, Trenching, Water & Sewer Projects OlAti.ta.: CAisiCKLAT1oN 1! .F• 1 j ;,-,� ` ;.., •: .. i . X Fee; ; e...ti ' - �, :' City',ofkFayatteville,^Arkansas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEO, 113,West4.14ountain Street Y4...� ,1 - Fayetteville, Ar. 72701 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Y KIND UPON THE OQMPANY, ITS AGENTS OR REPRESENTATIVES. AUTH RIZE REPRESENTATIVE •.. '' 45ACORDCORPORATIONi$88'. ,,.a c . DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS WATER AND SEWER SYSTEM IMPROVEMENTS SHERMAN AVENUE AND FIFTH STREET BID NO. 97-35 CITY OF FAYETTEVILLE, ARKANSAS NOVEMBER 1997 CITY OF FAYETTEVILLE ENGINEERING DIVISION CAPITAL IMPROVEMENT PROGRAM TABLE OF CONTENTS Item pages Advertisement for bids 1-2 Instructions to bidders 1-8 State Wage Determination 1-3 Bid Proposal 1-10 Statement of Bidder's Qualifications 1 Contract Agreement 1-3 Performance Bond 1-2 Payment Bond 1-2 General Conditions 1-42 Supplement to the General Conditions 1-9 Detailed Technical Specifications Section 100 General Project requirements 1-10 Section 110 Measurement and Payment 1-9 Section 120 Testing 1 Section 140 Schedules, Progress Meetings, Public Notice 1 Section 300 Crushed Stone Base Course 1 Section 310 Pipe Bedding Material 1 Section 320 Rock Excavation 1 Section 400 Clearing Rights of way, Cutting and repairing fences 1-4 Section 401 Surface Removal 1-3 Section 406 Pipe for water lines General 1 Section 411 Ductile iron pipe and ductile iron pipe fittings for water lines 1-6 Section 412 Polyvinyl chloride (PVC) pipe and fittings for water lines 1-6 Section 413 Polyethylene encasement 1 Section 414 Pipe detection tape 1 Section 419 Polyvinyl chloride (PVC) pipe and fittings for sewer lines 1-5 Section 420 Section Section Section Ductile iron pipe and ductile iron pipe fittings for sewer lines 1-5 428 Low pressure air testing for sewer lines 1-2 429 Mandrel testing of PVC sewer lines 1 450. Gate valves and butterfly valves 1-4 Placing pipe protection cover and compacted backfill sewer and water 1-3 462 Flushing, hydrostatic testing, disinfection and dynamic testing of water lines 1-2 Fire hydrants 1-2 475 Two inch flushing/blowoff assemblies 1 ' Section 461 • Section Section 472 Section Section Section 479 Section 477. Main line encasement • 1 Service connections 1 482 Cast -in-place Manholes 1-3 Section 487 Pipeline cleanup and seeding Section 488 Tie-in of sewer line to existing Section 491 Street and County Road Crossings Section 495 Driving Surface Repair Section 499 Sidewalk replacment/repair 1 • 1-3 1-2 1-3 Section 502 Concrete Section 611 Pipe underdrains (a.k.a. "French drains"). 1 1-2 Appendix A - OSHA Safety requirements for excavation 218-256 • 1 1 1 1 -1 1 1 1 1 1 1 1 1 1 1 1 1 ADVERTISEMENT FOR BIDS Bid No. 97-35 Water and Sewer System Improvements Sherman Avenue and Fifth Street Fayetteville Arkansas The City of Fayetteville will receive sealed bids for the construction of water and sewer system improvements at Sherman Avenue and Fifth Street in Fayetteville. Bids will be received at the Purchasing Division, Room 306, in the City Administration Building at 113 West Mountain Street, Fayetteville until 10:00 am November 24, 1997. The bids will be publicly opened and read aloud in Room 326 at that time. The proposed project is funded by the City and Habitat for Humanity of Fayetteville, Inc. The purpose of the project is to provide water and sewer utilities for 4 residences built by Habitat for Humanity and to provide fire protection for the adjacent neighborhood. The proposed work generally consists of water line and sewer line construction including pipeline, fittings and valves, service connections, fire hydrants, manholes, clean-up, and street repairs in accordance with the contract documents. The attention of all Bidders is called to the requirements of the specifications that work is generally limited to the paved surface of the street on Sherman and the utility easements on Fifth Street and north of Fifth Street. A minimum of one lane of traffic shall be maintained at all times. The attention all Bidders is called to the fact that street repairs are included in this contract. No area of the street or City right-of-way can be used for general material storage. Refer to the contract specifications, including the bid proposal, measurement and payment and technical specifications for detailed requirements. 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 City of Fayetteville Engineering Office, Room 004, City Administration Building, 113 West Mountain, Fayetteville. 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 Bidders as contained in the Contract Documents. Each bid must be accompanied by a cashier's check or surety bond in an amount of five (5%) of the total whole bid. Said bond shall be issued by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power-of-attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds in accordance with the Contract General and Supplemental Conditions, the Owner shall retain said check 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. 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. • • • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INSTRUCTIONS FOR BIDDERS: 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract shall have the meanings assigned to them in the General and Supplementary Conditions. The term "Bidder" means one who submits a Bid directly to the Owner, as distinct from a sub -bidder who submits a bid to a Bidder. The term "Successful Bidder" shall mean the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Proposal Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to the receipt of Bids). 2. Copies of the Bidding Documents. Complete sets of the Bidding Documents in the number and amount, 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. Qualifications of Bidders. When included with, and made a part of the Bid Proposal, the Bidder must submit a completed "Statement of Bidder's Qualifications" as part of the Bid Proposal. The "Statement of Bidder's Qualifications" is required to demonstrate qualifications to perform the Work and will be used in evaluating all bids as a basis for award. 4. Examination of Contract Documents and Site. 4.1. It is the responsibility of each Bidder before submitting a Bid, to : (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local and specific conditions which may affect cost, progress, safety, performance or furnishing of the Work, (c) consider all Local, State and Federal Regulations and Laws which may affect cost, progress, safety, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents and (e) notify Engineer of any and all conflicts, errors or discrepancies in the Contract Documents. 4:2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by owners of such Underground Facilities or others, and Owner nor Engineer does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing site conditions appear in Article 4 of the General Conditions and any associated Supplementary Conditions. 1 4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional information, examinations, explorations, tests and studies which pertain to the physical conditions of the surface and subsurface at, or contiguous to the site or other wise which may affect cost, progress, safety, performance or furnishing of the Work and which the Bidder deems necessary to determine the Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.5 Upon request in advance, the Owner will provide each Bidder accessto the site to conduct any observations,. explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall be required to fill in all holes and to restore all property to its former condition. - 4.6 The lands upon the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained in advance by the Owner unless specifically noted otherwise in the Contract Documents. • 4.7 The Bidder must satisfy themselves of the accuracy to the estimated quantities in the Bid schedule by examination of the site and a review of the drawings and specifications including any Addenda. After bids have been submitted, the Bidder shall not assert that there was any misunderstanding concerning the quantities of Work or the nature of Work to be performed. 4.8 The submission of a Bid will constitute an irrevocable representation by Bidder that Bidder has complied with every provision and requirement of this paragraph 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work. 5. Interpretations and Addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions, and/or any information deemed necessary by the Owner or Engineer, will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Only questions answered and/or other information furnished by formal written Addenda will be binding. The Point of Contact for questions and clarifications for this specific project is Jim Beavers, P.E.•, City Engineering (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 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom the Owner believes to have a reasonable chance of receiving award may be retained by Owner until the earlier of the seventh day after the Effective Date of Agreement or the 61st day after the Bid opening, whereupon the Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within 10 days of Bid opening. 7. Contract Time. The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (The Contract Time) are as set forth in the Bid Proposal, Contract Agreement and Technical Specification 100 - General Project Requirements. 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 be made on the required Bid Proposal form contained in the Bidding Documents. Additional copies may be requested from the Engineer. 11.2 All blank spaces for Bid prices must be filled in, in ink or type written, and the Bid form must be fully completed and executed when submitted. Only one (1) copy of the Bid form is required. 3 11.3 Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or anassistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title,must appear under the signature and the official address of the partnership must also be shown below the signature. 11.5 All names must be typed or clearly printed in ink below the signature. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid form). 11.7. The address and telephone number for communications regarding the Bid must be shown.. 12. Submission of Bids. Bids shall be submitted at the time and place indicated int eh Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked in the lower left portion with the Project Title, ,Bid Number, Date of the bid opening, time of the bid opening, bidding contractor's name and license number. The Bid shall be accompanied with the Bid Security and other required forms and documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed,in a separate sealed envelope wit the notation "Bid Enclosed" on the face of the outer envelope. THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS. 13. Modification and Withdrawal of Bids. Bids may be withdrawn or modified by an appropriate duly executed document (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within 24.hours after the opening of Bids, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the satisfaction of Owner that there is a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder shall be disqualified from further Bidding on the Work provided under the Contract Documents. 14. Opening of Bids. Bids will be opened and publicly read aloud at the time and location as specified in the advertisement of invitation for bids. A tabulation of the amounts of the Bids will be made available to the Bidders after preparation by the Engineer. 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15. Bids to remain sublect 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 figures and the correct sum thereof will be resolved in favor of the correct sum 16.2 In evaluating the Bids, Owner will consider the qualifications of Bidders, whether or not Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Proposal Form or prior to Notice of Award. 16.3 Owner may consider the qualifications 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. 5 17. Contract Security. Article 5 of the General Conditions, and the associated Supplementary Conditions set forth the Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 18. Signing of Agreement. When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other Contract Documents attached. Within 15 days thereafter, Contractor shall sign, execute and deliver the required number of counterparts of the Agreement and attached documents to the Owner with the required Bonds. Within ten (10) days thereafter Owner shall deliver one fully signed and executed to Contractor. 19. Compliance with State Licensing Law. Contractors must be licensed inaccordance with therequirements of ACT 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidder who submit Bids in excess of $20,000.00 must submit evidence of their having a contractor's license before their Bidswillbe considered, and shall note their licensenumber 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 Contractoragrees 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 Contractorand 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 ratesfor 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, 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which records shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. A copy of the prevailing wage rates for this specific project, as established by the Arkansas Department of Labor, is attached in the Contract Documents immediately following the Instructions to Bidders. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or subcontractor has been, or is being paid a rate of wages less that the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate the Contractor's right to proceed with the Work or such part of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any costs occasioned thereby. 22. Compliance with Act 125, Arkansas Acts of 1965. The attention of Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for the payment of certain taxes on materials and equipment brought into the State. It further provides for methods of collecting such taxes. All provisions of Act 125, Arkansas Acts of 1965 shall be complied with under this Contract. 23. Withholding State Income Taxes. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid employees, whether such employees are residents or nonresidents of Arkansas. 24. Compliance with Rules and Regulations for the Enforcement and Administration of Act 162, Arkansas Acts of 1987. The attention of all nonresident Bidders is called to the provisions of Act 162, Arkansas Acts of 1987. This act provides for nonresident Contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Dept. of Finance and Administration, P.O.Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under contract within the State of Arkansas. 25. Subcontractors Bonds - Act 190, Arkansas Acts of 1993. The attention of Bidders is called to the provisions of Act 190, Arkansas Acts of 1993. In general, this act provides for the subcontractors to provide to the General Contractor performance and payment bonds, with certain regulations on form and time, when the subcontractor's bid is in excess of $50,000.00. 7 26. Excavation Safety. • The attention all Bidders is called to the requirements of Act 291, Arkansas Acts of 1993 - Excavation and Trench Safety. The current edition of Occupational Safety and Health Administration Standard for Excavation and Trench Safety Systems, 29 CFR 1926, Subpart P, is specifically incorporated and made a part of these specifications and contract documents as required by Arkansas Act 291 of the 79th General Assembly of 1993. The Contractor shall be solely responsible for the implementation of these requirements. A copy of the OSHA regulations is included in this set of specifications as Appendix A. 27. Special conditions in the specifications. Please carefully read section 100 GENERAL PROJECT REQUIREMENTS, 110 .MEASUREMENT AND PAYMENT and all of the specifications, for the conditions unique to this project. The special conditions include, among others: a. The required sequence of construction: (1) sanitary sewer, (2) water line in Sherman, (3) water line on. Fifth and (4) all other work. b. No area of City streets or City right-of-way can be used for material storage. c. Open trenches shall not be. allowed overnight. The contractor shall limit the trenching and pipe laying to the work which can be installed and inspected during the working day. d. A minimum of one lane of traffic shall be safely maintained at all times. • End of the Instructions to Bidders 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Mike Huckabee ' Governor Jim Beavers, P E The City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mr. Beavers: STATE OF ARKANSAS NOV p 7 19 'GGu� ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LITTLE ROCK, ARKANSAS 72205-2190 (501) 682-4500 • FAX: (501) 682-4535 • TDD: (800) 285-1131 November 5, 1997 Re: Water & Sewer Improvements Sherman Avenue & Fifth Street Fayetteville,_Arkansas Washington County James L. Salkeld Director In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 97-184 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. Please be advised that this determination supersedes #96-228 issued February 13, 1997. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann.§§22-9-308(b)(2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. §22-9-308(c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. §22-9-309(a). Also enclosed is a "Statement of Intent to PyPrevailing Wages" form that should be put in your specifications along with the wage determination. The General\Prime Contractor is responsible for getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this project. Please notify me when you issue your Notice to Proceed for this project. If you have any questions, please call me at (501) 682-4536. Sincerely, enclosure Don Cash Prevailing Wage Investigator I I Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: November 5, 1997 DETERMINATION #: 97-184 PROJECT: Water & Sewer Improvements COUNTY: Washington Sherman Avenue & Fifth Street EXPIRATION DATE: 5-5-98 Fayetteville, Arkansas SURVEY #: 797-AH05 BASIC HOURLY FRINGE CLASSIFICATION RATE BENEFITS Bricklayer/Pointer, Cleaner, Caulker 7.75 Carpenter 10.35 1.90 Concrete Finisher/Cement Mason 9.40 .72 Electrician/Alarm Installer 12.00 .46 ' Ironworker 15.50 5.87 Laborer 7.75 Pipelayer 8.90 ' Truck Driver 9.20 Power Equipment Operators: ' Bulldozer 12.55 Backhoe, Rubber tired 1 yd. or less 9.70 1.65 Crane, Derrick, Dragline, t Shovel & Backhoe, 1-1/2 yds. or less 11.90 Crane, Derrick, Dragline, Shovel & Backhoe, over 1-1/2 yds. 14.00 Front End Loader 11.85 ' Mechanic 14.70 Motor Patrol, Finish 13.05 Motor Patrol, Rough 9.00 .17 ' Roller 8.05 Scraper, Rough 11.25 L C I I I I Welders --receive rate prescribed for craft performing operation to which welding is incidental. Certified July 1, 1997 CLASSIFICATIONS THAT ARE NOT LISTED, BUT THAT ARE GOING TO BE WORKING ON THIS PROJECT, SHOULD BE REQUESTED FROM THE ARKANSAS DEPARTMENT OF LABOR, PREVAILING WAGE DIVISION. THESE WRITTEN REQUESTS SHOULD BE MADE AS SOON AS YOU NOTICE THAT A REQUIRED CLASSIFICATION IS MISSING, NORMALLY THIS WOULD BE DURING THE BID PROCESS. I v to gN 4a y �Gv m H N P r1 41 ro u r �4N11 X0) 4-) 3�fv� Q4 a ro O4 m 4-) O 0 O4-) O 4y a) u q a ro ro v m ° ! o �.0 roH QJO) O O b) •C O N 3 p, 3 U O Ct Z o ro ro c 'r x ro 3 r ru q., o c1 ro 3 C 0 3 Q) . N O 4-i O U ro O,mW %-t 4-jO a) 43r1 o0) �tt O ti U > r C U ^i .0 0.0 ro ro m r r N 00 0)i 0) C 1 Q) ) o3 a a'm o b H U lW w a p -s +-� 3i a) H Q a U a) 'U O �k•Q v TS a .v.croo� + h A ~ m m ro ro v G o a 4i1 ro a) 4-) h a�i q H '- 'UQ) O W C O U 3 + O u ro ro y h C 3 C C •C O 01 mv+�4acr r N r U h h Q, ti k a~ S N O N N oo 3 q - 3 m N a .r to C` C. O• BID PROPOSAL Place Fayetteville, Arkansas Date `�i'y/rl,(,�Ch. 0 /� Proposal of t J/ a corporation or ized and ex' ting under the laws of the State of 077n�i/L�vQILOi a partnership consisting of ` -- - an individual trading as To: City of Fayetteville City Administration Building 113 West Mountain Fayetteville, AR 72701 The undersigned hereby proposes to perform all work and furnish all materials required to be furnished for the construction of Bid No. 97 - 35 which shall be the water and sewer system improvements for Sherman Avenue and Fifth Street Fayetteville, Arkansas, in accordance with the following bid schedule, plan drawings 6419 - 1, 2, 3, 4, 5, 6 and the contract documents including the project specifications, for the basic lump sum of n, A Dollars $_//5,//9522 > . figure It is understood that the lump sum proposals, in addition to all other work includes all variable quantities listed in the proposal in the amounts so listed. Refer to Section 110 Methods of measurement and Payment for definition of measurement and payment for all of the following specific bid items. All items not defined in Section 110 Methods of measurement and Payment are considered subsidiary and no direct or additional payment will be made for those such subsidiary items. The variable quantities given in the proposal are for the purpose of comparing bids only, and the basic lump sum proposal will be adjusted in the final settlement for variation in the quantities at the following unit prices: Bid Schedule Unit Prices for Variable Quantities Item Quantity Unit Amount no. and unit Description price of bid 1. 2,182 if Six (6) inch PVC DR14 C900 class 200 water line. S (figures) 1 E'= 80 if Two (2) inch PVC DR13.5 class 200 water line. - words) if (figures) 3. 430 ton Class 7 aggregate backfill S/////7 // -a(] ton $ 4. 560 lbs Compact ductile iron fittings. lbs $ 02,�/2110o (figures) (total - words) 5. 4 ea Six (6) inch gate valve. $ aQ.EO ea �hj Q/ (figures) /A eICOIL d 4'UnrAf i th.- Oi-El,z T /I�.0 ,GP (total - words) 6. 2 ea 8" x 6" Tapping sleeves with 6 inch valves %O. do ea (figures) (total - words) -max U f2t7 7. 3 ea Two (2) inch Flush/test assemblies. S �pQ, 00 ea S /i /c/c9 .00 (figures) $ 19*4. 4 ow -,d rJu cd d Jet, 2Lanaj v ry tea/ (total - words) 8. 1 ea Two (2) inch gate valve. •216.r 0°ea (figures) - words) 2 PI IF 11 f 13. r 1 ea One (1) inch tap for disinfection of water line Sherman at Huntsville $ £0500 ea $ 2LS. 00 (figures) Two (2) inch tap, two (2) inch DR13.5 water line, reconnection and re-establish existing two inch water line on Sherman - words) ea $ i"90• 00 (figures) 1 ea Special water line construction go under the existing sewer line at Happy Hollow Road (detail 6/S5) $ o20000ea S £, 0O (figures) jiJ,9J Lf L // �7I ./X & Lt 14ZCL AC2C-O�4& 4& ILO/e- �31 (total - words) ea Special water line construction go under new sewer line at Fifth street near Sherman detail 6/S5 similar e _ %yloe ea $ o2 �O� • 0 O (flgw) - words) 1 ea Special water line construction go over existing sewer line at Fifth street near Sherman detail 8/35 QSO.O0ea (figaies) words) 3 cJ� L 14 15 9 ea Reconnect service lines Type "A" (short) (total - words) 7 ea Reconnect service lines Type "B" (long) 16. 1 ea (total - words) New service for double meter set habit house under construction /9.33 . 00 (figures) C $26,25`0 tJea4 S 9%5` 00 ea S 4,5s5. OO (figures) $ 5` 6�, OOea (figures) (total - words) U V 17. 1 ea Replace/Relocate existing service at Fifth Street $ 550.0°ea S 61ao. 00 (figures) (total - words) 18. 2 ea Fire hydrant assemblies complete with barrel extension 0-6feet s/g95a0 ea s X990. OO (fsgons) 9i o,.ii /i T :f%0uo PzvSa (total - words) 19. lump sum Concrete for water line encasement at drainage ditch M'D.00 sum s. dO 4 20. lump sum Cap and plug existing water line after new line in service sum S 6r3�, 00 (figures) words) 21. lump sum Special reinforced thrust blocking Sherman at Huntsville detail 1/56 S /, J O0 sum (figures) (total - 22 23 - 0 - Bid item 22 not used. (total - words) 254 if Eight (8) inch SDR 26 sewer line (total - words) S 0 if $ o L/IC 14/>i. (figures) $ (f, 24. 1 ea New manholes 6 feet total depth rim to flowline c%/6OPOea S /. /'0 •QO (fl8mxs) (total - words) 5 25. 4 if Additional manhole depth 6 - 8 feet if required $ /25,00 if $ 6O.00 (figures) (total - words) 26. 1 ea Connection of new 8 inch sewer to existing manhole. '// S 77S. 00 ea $ 175, DD (figures) (total - 27. 115 cy "Rock" excavation $ '75"Uo (figures) 28. 75 cy "Hillside" backfill in the access/utility easement cv (figures) (total - words) 29. 2 ea Sanitary sewer wye, bend, 2 if of stubout and cap (4"dia) from the new sewer line S //15. 00 ea S o(i10.Oy (figures) 6 30 31 40 1f Six inch diameter Polyethylene Tube French drain (underdrain) $ /O if (figures) (total - words) 2 ea Connection of underdrain to existing storm drain $ caGI6j 00 ea S 690.0 O (figures) '(,u hldkCct L/'1&K ,t (total - words) 32. 55 sy Final asphalt street repair $ ��• OO sv S , 'f'/� . 60 (figu//res) sSLLa/1 d. -%4v 94 Cu.C�cGL �%urxflr rvc (�.dQ�w f�p�y (total - words) 33. 240 sy Final concrete street repair 34. 35. $ cle.Oo sv 5 /0, 1/00 . 60 (total - 182 sy 4 inch thick driveway replacement/repair S (figmTs) . words) 34 sy 4 inch thick aggregate driveway replacement/repair - words) S 0O sv s /, c %o - o 0 (figures) 7 36 37 W 7 By 4 inch thick sidewalk replacement/repair $ v2 oL sy (figures) (total - words) 10 ea. Two (2) inch caliber replacement pin -oak trees $ � O O0 each $ 400.00 (figures) (total - words) 0.15 acre Clear, grub, disposal, shape and seed the utility and utility/access easements $,1,O,'2.OOacre S �. OO (figures) (total - words) 39. lump sum Erosion control 40. 41. S%622� "° sum S 1. QUO .0O ///1�� �/�)/�'A J ��]] _(figures) /1 �� $IIi� jhJ 1.7 WIC,cFd ilntl�tL a-&t'd LK0 fAlu 4-' (total - words) lump sum Mobilization, and storage $ i/�D OO sum $ ,� 0O (iiigares) e.�..in fill d.aG/ h / ,-flbZ.✓-l. '-Mt' .G'k s.1 (total - words) lump sum Trench safety requirements. $ // �iJ0 0D sum $ I, oE5D . 06 (fig 0 Total basic contract price $ Refer to Section 110 Methods of measurement and Payment for definition of measurement and payment for all of the above bid items. All items not defined in Section 110 Methods of measurement and Payment are considered subsidiary and no direct or additional payment will be made for those such subsidiary items. Bidders must bid the schedule in its entirety including all items. The contractor shall be required to perform the work in the following sequence: (1) all sanitary sewer improvements (2) the water line in Sherman street and north through the Habitat for Humanity properties (3) the water line along Fifth Street (4) all remaining work. The City of Fayetteville reserves to right to reject any and all bids and waive any formalities as deemed in the best interest of the City of Fayetteville. The undersigned hereby declares: That he has examined the Plans and the Specifications with the related documents and the site of the proposed work and being familiar with all conditions surrounding construction of the proposed project, including availability of material and labor, hereby proposes to furnish all equipment, labor. material, plant and supplies, within the time set forth herein and at the prices stated above. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. The undersigned further agrees, if awarded the contract, the Contractor shall begin work within ten (10) calendar days from a Notice to Proceed and will fully complete all work within sixty (60) consecutive calendar days after the date of the Notice to Proceed. Should the Contractor fail to complete the work within the stated time, he shall pay the Owner as fixed, agreed, and liquidated damages $100.00 per day for each consecutive calendar day of delay until the work is completed or accepted. The undersigned submits the following subcontractors for use if the contract is awarded. The owner shall have the authority to reject the use of any subcontractor. Subcontractors I I Additional time is allowed for delays as stipulated in the Contract Documents. ' The undersigned acknowledges the receipt of the following Addendum: I 9 For changing quantities of work items from those indicated by the contract Documents, upon written instructions from the Engineer, the above unit prices as given in the proposal shall prevail. The above unit prices shall include all labor, materials, plant, bailing, shoring, overhead, profit, insurance, bonds, etc., as necessary to cover the finished work of the various kinds called for. The bidder understands that the City of Fayetteville reserves the right to reject any or all bids and waive any formalities as deemed in the best interest of the City of Fayetteville. The bidder does agree that this bid shall be good and may not be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids. Further the undersigned agrees to fully and completely submit the detailed "STATEMENT OF BIDDER'S QUALIFICATIONS" as found on the page immediately following the proposal. The undersigned agrees that failure to complete and/or provide the "STATEMENT OF BIDDER'S QUALIFICATIONS" shall be cause for the Owner and/or Engineer to { consider the bid nonresponsive and to reject such bid. y/. p Ji h Zjee`%Y1 ' O/Y/ls�k by r10 ' .! -/ ( �i�.� Title /6[/ /7/J L O.E ) A2 9270L Business Address %/J62/-665 Telephone DODOh/O 79' Arkansas License Number 10 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. Ql ems° J //�� / 2. Permanent main office address and telephone nu ;. mber. 9/� i Ox 1'" 7/ 3. When organized. 4%/ (5oi)52/- 5//9 ���/ (/-�eL�z%/ ,qg 7c9702 4. If a corporation, where incorporated. &' /O4-n4.4o- 5. Contractor's License number. 6. How many years have you been engaged your present firm or trade name? 7. Contracts on hand. (Schedule these, and the appropriate anticipated dates of for references.) 8. Have you ever failed to complete any in the contracting business under showing the amount of each contract completions, and a point of contact CCr.vz e,ecC,88u, IS?. so 7 work awarded to you? 41O 9. Have you ever defaulted on a contract? If so, where and why?/nu 10. Experience in construction similar in sizeandscope to this project, along with the project owners and engineers. �d 41,eJ 11. List of major equipment available for this contract. 12. Will you, upon request, fill out a detailed financial statement, including credit worthiness, and furnish any other information that may be required by the Owner? Dated at 19 being duly sworn deposes and slys that he(she) is thej of . that answers �€o the foregoing questi are true and correct. Subscribed and sworn before me this day of ^4/tQJt&h. 19c9'7 Contractor(s), an all statements therein contained My commission expires (seal) H ICONTRACT THIS AGREEMENT, made and entered into the (a" day of Tr,nzzory , 19`y,, by and between the City of Fayetteville, County of Washington, tate o�Arkansas, Party of the First Part, hereinafter called the Owner, and f%.�e.#c Trec ' 7rencA,Sic ' of the City of F(nyeJ4e U. UGC Arkail4e4s , Party of the Second Part, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the Owner has called for bids for water and sewer system 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. 97-35 which shall be the water and sewer system improvements for Sherman Avenue and Fifth Street, Fayetteville, Arkansas, in accordance with the bid ' schedule, plan drawings 6419 - 1, 2, 3, 4, 5, 6 the contract documents including the project specifications, 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 Dyne, ceA 4tc*eem Ano;san o"c w�red e4h}_nnt, • 50 /1 Uri S Dollars words Isus • figure 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 sixty (60) calendar days. ' The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. I I As soon as is practicable after the first of each calendar month, and in accordance with the Contract Specifications, the Owner will make partial payments to the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Retainage shall,be withheld from the partial payments as provided by Arkansas state laws by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, it any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. 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 in additonal ENgineering related costs. 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, unusualdelay: -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 Ito 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 as its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, jtogether with any damages or other expense sustained or incurred by Owner in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, -including the surety. 1 I I I I L [I I I I i Li I I I IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. Witnesses* *If corporation, secretary should attest. Attest: Traci -Pence, City Clerk SM frl CITY OF FAYETTEVILLE, ARKANSAS Fred Hann , Mayor End of Contract t. ;.,.f 4'�•s '�24."- ' X131• - 3 I ' PERFORMANCE BOND ' KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) hereinafter called "Principal" and (3) of , State of hereinafter called the "Surety," are held and firmly bound unto (4) hereinafter called the"Owner", in the penal sum of (S_ in lawful money of the United States, for the payment of which sum ' well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of , 19 , a copy of which is hereto attached and made a part hereof for the construction of: ' Bid No. 97-35 which shall be the water and sewer system improvements for Sherman Avenue and Fifth Street, Fayetteville, Arkansas, in accordance with the bid schedule, plan drawings 6419 - 1, 2, 3, 4, 5 and the contract documents including the project specifications. I LI I I rI H I LI I NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of 19 Attest: (Principal) Secretary (Seal) Witness as to Principal Address Principal By. Address I 9 Attest: (Surety) Secretary (Seal) Witness as to Surety Address Surety By Attorney -in -Fact Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correll name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. I a:!.) tu. I I I I I I I L C L I KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) hereinafter called "Principal" and (3) of State of hereinafter called the "Surety," are held and firmly bound unto (4) hereinafter called the"Owner", in the penal sum of ($_ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of , 19_, a copy of which is hereto attached and made a part hereof for the construction of: Bid No. 97-35 which shall be the water and sewer system improvements for Sherman Avenue and Fifth Street, Fayetteville, Arkansas, in accordance with the bid schedule, plan drawings 6419 - 1, 2, 3, 4, 5 and the contract documents including the project specifications. NOW THEREFORE, if the Principal shall promptly make payment to persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, all amounts due for but not limited to materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premiums for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due to the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractors or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. The Surety agrees that the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the _ day of ,19__ Attest: Principal (Principal) Secretary By (Seal) ,. Witness as to Principal Address 4 { Attest: (Surety) Secretary (Seal) Witness as to Surety Address Surety By Attorney -in -Fact Address Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Coned name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 3 I N 11 I I I I I I I I I This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By `MO fAMERICAN r ,� O� SOCIETY Or I. 0'CIVIL Z A ENG1NEER5 u !• r0UNK0 Is" ' 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 1 This document has been approved and endorsed by 'The Associated General Contractors of America I I C] 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. 191017) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. $ e r ® 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers . 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 I I I I L I I I I I I I I I I I I 11 TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 1. DEFINITIONS ................................... 13 2.5-2.7 BeforeStarting Construction; 1.1 Addenda ............................. 13 CONTRACTOR's Responsibility to 1.2 Agreement ........................... 13 Report: Preliminary Schedules; 1.3 Application for Payment .............. 13 Delivery of Certificates of 1.4 Asbestos ............................. 13 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 3 CONTRACT DOCUMENTS: INTENT. 1.8 Bonds ................................ 13 AMENDING. REUSE ............................ 16 1.9 Chan a Order 13 3.1-3.2 Intent .......................... 16 1.10 Contract Documents .................. 13 and 1.11 Contract Price ........................ 13 3.3 Reference to Standards 1.12 Contract Times 13 Specifications of Technical Societies: 1.13 CONTRACTOR ...................... 13 Reporting and Resolving ...................... 1.14 defective 13 Discrepancies : .............4....... 16 3.4 Intent of Certain Terms or Adjectives .. 17 1.15 Drawings . ................ 13 3.5 Amending Contract Documents ....... 17 1.16 Effective Date oothe Agreement ...... 13 1.17 ENGINEER .......................... 13 3.6 Supplementing Contract Documents 17 ... 3.7 Reuse of Documents ................. 4 17 1.18 ENGINEER's Consultant .............13 1.19 Field Order ........................... 13 4. AVAILABILITY OF LANDS; SUBSURFACE AND 1.20 General Requirements ................ 14 PHYSICAL CONDITIONS; REFERENCE POINTS. 17 1.21 Hazardous Waste ..................... 14 4.1 Availability of Lands .................. I7 1.22 Laws and Regulations; Laws or 4.2 Subsurface and Physical Conditions ... 17 Regulations ........................ 14 4.2.1 Reportsand Draws 17 1.23 Liens.................................14 ygs ............ 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 ................ IS 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 physicalConditions 1.31 Project ............................... 14 Facilities 18 ........................... 1.32 Radioactive Material .................. 14 4.3.1 Shown or Indicated ...................IS 1.33 Resident Project Representative ....... 14 4.3.2 Not Shown or Indicated 19 1.34 Samples .............................. 14 4.4 Reference Points ...................... 19 1.35 Shop Drawings ....................... 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 20 1.39 SupplementaryConditions """""" 14 5.1-5.2 PCrfortrrartce,paymentartdOtherBonds. 20 1.40 Supplier .............................. 14 5.3 Licensed Sureties and Insurers; 1.41 Underground Facilities ................ 14 Certificates of Insurance ............ 20 1.42 Unit Price Work ...................... 14 5.4 CONTRATOR's Liability Insurance . 20 1.43 Work.................................IS 5.5 OWNER's Liability Insurance ........ 21 1.44 Work Change Directive ............... 15 5.6 Property Insurance 21 1.45 Written Amendment 15 """"""""" 5.7 Boiler and Machineryor 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 CONTRACTOR's Responsibility for 2.3 Commencement of Contract Times; Deductible Amounts ................ 22 Notice to Proceed .................. 15 5.10 Other Special Insurance ............... 22 2.4 Starting the Work ..................... 15 5.11 Waiver of Rights ...................... 22 I Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Tale Number 5.12-5.13 Receipt and -Application of Insuratax 8.6 Change Orders ....................... 29 Proceeds :.......................... 22 8.7 Inspections. Tests and Approvals ...... 29 5.14 Acceptance of Bonds and Insurance; 8.8 Stop or Suspend Work; Terminate Option to Replace ................. 22 CONTRACTOR's Services ........: 29 5.15 Partial Utilization —Property 8.9 Limitations on OWNER's Insurance 23 Responsibilities ..................... 30 1 8.10 Asbestos, PCBs, Petroleum, Hazardous 6. CONTRACTOR'S RESPONSIBILITIES .......... 23 Waste or Radioactive Material ...... 30 6.1-6.2 Supervision and Superintendence ...... 23 8.11 Evidence of Financial Arrangements .'. 30 6.3.6.5 Labor, Materials and Equipment ...... 23 9. ENGINEER'S STATUS DURING 6.6 Progress Schedule .................... 23 6.7 Substitutes and "Or -Equal" Items: CONSTRUCTION ... Representative ..................... 30 CONTRACTOR's Expense; 9.1 OWNER's Representative ............ 30 Substitute Construction 9.2 Visits to Site .......................... 30 Methods or Procedures; 9.3 Project Representative ................ 30 ENGINEER's Evaluation .......... 23 9.4 Clarifications and Interpretations ...... 30 9.5 Authorized Variations in Work 6.8-6.11 Concerning Subcontractors, Suppliers ........ 30 and Others; Waiver of Rights ........ 24 9.6 . Rejecting Defective Work ............. 30 6.12 Patent Fees and Royalties ............. 25 9.7-9.9 Shop Drawings, Change Orders and Payments 31 6.13 Permits ............................... 25 9.10 Determinations for Unit Prices ........ 31 6.14 Laws and.Regulations ................ 25 9.11-9.12 Decisions on Disputes; ENGINEER as 6.15 Taxes ................................ 25 - Initial Interpreter ................... 31 6.16 Use of Premises ...................... 26 9.13 Limitations on ENGINEER's 6.17 Site Cleanliness ....................... 26 6:18 Safe Structural Loading ............... 26 Authority and Responsibilities ...... 31 6.19 Record Documents ................... 26 6.20 Safety and Protection ................. 26 10. CHANGES IN THE WORK ..................... 32 6.21 Safety Representative ................. 26 10.1 OWNER Ordered Change ............ 32 6.22 Hazard"Conununication Programs ..... 27 10.2 Claim for Adjustment ................. 32 6.23 . Emergencies .......................... 27 10.3 Work Not Required by Contract 6.24 Shop Drawings and Samples .......... 27 Documents ......................... 32 6.25 Submittal Procedures; 10.4 Change Orders CONTRACTOR's Review Prior to 10.5 Notification of Surety ....:............ 32 Shop Drawing or Sample Submittal 27 11. CHANGE OF CONTRACT PRICE .............32 6.26 Shop Drawing & Sample Submittals 11.1-11.3 Contract Price; Claim for Adjustment; Review by ENGINEER ............ 27 Value of the Work .................. 32 6.27 Responsibility for Variation From 11.4 Cost of the Work ..................... 33 Contract Documents ................ 27 11.5 Exclusions to Cost of the Work ....... 34 6.28 Related Work Performed Prior to 11.6 CONTR.PCIOR's Fee ................ 34 ENGINEER's Review and Approval 11.7 Cost Records ......................... 34 of Required Submittals ............. 27 11.8 Cash Allowances ..................... 35 6.29 Continuing the Work .................. 28 11.9 Unit Price Work ...................... 35 6.30 CONTRACTOR's General Warranty and Guarantee ............ 28 12. CHANGE OF CONTRACT TIMES ..............35 6.31.6.33 Indemnification ....................... 28 12.1 Claim for Adjustment ...............:. 35 6.34 Survival of Obligations ................ 28 12.2 Time of the Essence .................. 35 12.3 Delays Beyond CONTRACTOR's 7. OTHER WORK..................................29 Control 35 7.1-7.3 Related Work at Site .................. 29 12.4 Delays Beyond OWNER's and 7.4 Coordination CONTRACTOR'S Control ...... 35 8, OWNER'S RESPONSIBILITIES .................29 '8.1 Communications to Contractor ........ 29 13. TESTS AND INSPECTIONS; CORRECTION, 8.2 Replacement of ENGINEER .......... 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE 8.3 Furnish Data and Pay Promptly When - WORK .......................................... 36 Due ................................ 29 13.1 Notice of Defects ..................... 36 8.4 Lands and Easements; Reports and 13.2 Access to the Work ................... 36 Tests 29 13.3 Tests and Inspections; Contractor's 8.5 Insurance e ............................... 29 Cooperation ........................ 36 I Art kit 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 13.5 CONTRACTOR's Responsibilities ..... 36 14.15 Waiver of Claims .....................40 13.6-13.7 CoveringWork Prior to Inspection. 15. SUSPENSION OF WORK AND Testing or Approval ................ 36 TERMINATION 40 Request ............................ 36 Work at ENGINEER'S 15.1 OWNER May Suspend Work ......... 40 13.8-13.9 Uncovering 15.2-15.4 OWNER May Terminate .............. 40 13.10 OWNER May Stop the Work ......... 36 15.5 CONTRACTOR May Stop Work or 13.11 Correction or Removal of Defective Terminate .......................... 41 Work............................... 37 13.12 Correction Ptriod .................... • 16. DISPUTE RESOLUTION 41 13.13 Acceptance of Defective Work ........ 37 ....................... 13.14 OWNER May Correct Defective Work ............................... 37 17. MISCELLANEOUS ............................. 42 17.1 Giving Notice ........................ 42 17.2 Computation of Times ................ 42 14. PAYMENTS TO CONTRACTOR AND 17.3 Notice of Claim ....................... 42 COMPLETION 37 17.4 Cumulative Remedies ................. 42 14.1 Schedule of Values .................... 37 17.5 Professional Fees and Court Costs 14.2 Application for Progress Payment ..... 38 Included ...........................42 14.3 AC CONTRTOR's Warranty of Title ... 38 14.4-14.7 Review of Applications for EXHIBIT GC -A (Optional): Progress Payments ................. 38 Dispute Resolution Agreement (Optional) ..... GC -Al 14.8.14.9 Substantial Completion . . ............ 39 16.1-16.6 Arbitration ....................GC -AI 14.10 Partial Utilization .....................39 16.7 Mediation ..................... GC -A2 14.11 Final Inspection ......................39 I I I I U I I I S_ I INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of — Bonds and Insurance ................................ 5.14 defective Work ....................... 10.4.1, 13.13. 13.15 final payment ................................. 9.I2, 14.15 insurance...........................................s. other Work, by CONTRACTOR ...................... 7.3 Substitutes and "Or -Equal" Items .................. 6.7.1 Work by OWNER ........................ 2.5. 6.30, 6.34 Access to the — Lands, OWNER and CONTRACTOR responsibilities.....................................4.1 site, related work....................................7.2 Work, .................................. 13.2, 13.14, 14.9 Acts or Omissions—, Acts and Omissions — CONTRACTOR ............................. 6.9.1, 9.13.3 ENGINEER ................................ 6.20, 9.13.3 OWNER........................................6.20, 8.9 Addenda —definition of (also see definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1 Additional Property insurances ......................... 5.7 Adjustments Contract Price or Contract Times .........!• 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4, II, 12, 14.8, 15.1 progress schedule ..... . . . ...................... 6.6 Agreement— .. . . definition of..........................................1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash.....................................11.8 Amending Contract Documents ......................... 3.5 Amendment, Written — in general .... 1.10, 1.45. 3.5, 5.10, 5.12, 6.6.2. 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10, 9.11. 10.4, 16.2, 16.5 Application for Payment — definition of..........................................1.3 ENGINEER's Responsibility .........................99 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general .......................28 2.9, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of......................................14.4-14.7 Arbitration (Optional) ....'..4 ...................... 16.1-16.6 Asbestos — claims pursuant thereto ....................... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of .................................... .. 1.4 OWNER responsibility for .................... 4.5.1. 8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work ........... 3.6. 6.25. 6.27. 9.5 Availability of Lands................................4.1, 8.4 Award, Notice of —defined ............................ 1.25 Before Starting Construction ........................25-2.8 Bid —definition of......................................1.5 (1.1. 1.10, 2.3, 3.3. 4.2.6.4, 6.13, 11.4.3. 11.9.1) Article or Paragraph Number Bidding Documents definition of ................ 1.6 (6.8.2) Bidding Requirements —definitions of ...... 1.7 (1.1, 4.2.6.2) Bonds — acceptance of.......................................5.14 additional bonds ........................... 10.5. 11.4.5.9 Cost of the Work .................................. 11.5.4 definition of..........................................1.8 delivery of......................................2.1, 5.1 final application for payment ................. 14.12-14.14 general ...............1.10, 5.1-5.3, 5.13, 9.13,10.5, 14.7.6 performance, Payment and Other ..................5.1-5.2 Bonds and Insurance —in general ......................... 5 Builder's risk "all risk" policy form ................... 5.6.2 Cancellation Provisions, Insurance ........ 5.4.11., 5.8. 5.15 Cash Allowances ...................................... 11.8 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ........9 13.5, 14.12 Certificates of Insurance .. 2.7. 5.3, 5.4.11, .13.4,13.5,14.12 5.4.13, 5.6.5. 5.8, ....................................... 5.14, 9.13.4, 14.12 Change in Contract Price — Cash Allowances...................................11.8 claim for price adjustment ..... ..4.I,4.2.6, 4.5, 5.15, 6.8.2, 9.4,9.5,9.11,10.2,10.5,11.2,13.9, 13.13, 13.14, 15.1, 15.5 CONTRACTOR's fee ............................... 11.6 Cost of the Work general ................... ............... 11.4-11.7 Exclusions to.......................................11.5 Cost Records.......................................11.7 in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing .... ............................ 11.3.2 Notification of Surety ............................... 10.5 Scope of.......................................10.3-10.4 Testing and Inspection, Uncovering the Work ........ 13.9 Unit Price Work....................................11.9 Value of Work ...................................... 11.3 Change in Contract Times — Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits .............................. 12.2 Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol...............................................12.4 Notification of surety ............................ .. 10.5 Scope of change ...............................10.3-10.4 Change Orders — Acceptance of Defective Work ..................... 13.13 Amending Contract Documents ...................... 3.5 Cash Allowances...................................11.8 Change of Contract Price ......... .. .. 1 . ....... ... ... Change of Contract Times ............................ 12 Changes in the Work...................................10 CONTRACTOR's fee ...............................I I.6 Cost of the Work ...............................114.11.7 I I I Li I I I I I I I I I I I I I I I I I H I I I I I I I LI I [1 Article or Paragraph Number Cost Records ....... 11.7 ................................. definition of .......................................... 1.9 em ................... ergencies ..................'.4 6.23 12.1 ENGINEER's responsibility ......... 9.8. 10.4. 11.2. 12.4 execution of ...................................... Indemnification ..................... 6.12.6.16. 6.31. 6.33 Insurance. Bonds and .................5.10. 5.13, 10.5 OWNER may terminate ................15.2154 OWNER's Responsibility ..................... .. 8.6. 10.4 Physical Conditions— 4 2 Subsurface and . .................................... 4.3.2 Underground Facilities ...................... . .. . 6.19 Record Documents ........................... 10.3.10.4 Scope of Change .......... .... ........ 67.3. 6.8.2 Substitutes ..............6.7 ............... 11.9 Unit Price Work ...........11.9 value of Work, covzred by .....................��'...• 10 Changes in the Work .............................'..... 10.5 Notification of surety ........................... OWNER's and CONTRACTOR's responsibilities 104 Right to an adjustment .............. 10.3-10.4 .2 Scope of change ............................... Claims — against CONTRACTOR ............................. against ENGINEER ...........6.32 . 6.32 against OWNER ................. .4.11.2 ..... Change of Contract Price ......... 99 4 12.1 Change of Contract Times ................... CONTRACTORS 4. 7.1.9.4. 9.5. 9.11. 10.22. 11.2. 11.9. 1 . 11.6 CONTRACTORS Fee .. - 5.4.6.12.6.16. 6.31 CONTRACTORS liability ........... I1 6 I. 1 5 Cost of the Work .. 6.... 6 .. 6.... 6....... -. ... 91. . 11.5 Decisions on Disputes 6....6....6..........6 .. 16.1 Dispute Resolution ............................... Dispute Resolution Agreement ....6.6....6.....6 16.1-16.6 ENGINEER as initial interpretor .............9.11 Lump Sum Pr cing ............................ ... 11.3.2 17.3 Notice of ...................................... OWNER's ........... 9.4. 9.5. 9.11. 10.2, 11.2. 11.9. 12.1, 13.9. 13.13, 13.14. 17.3 5.5 OWNER's liability ............. 14.7 OWNER may refuse to make payment .............. Professional Fees and Court Costs Included .......... 17.5 request for formal decision on .....................6 79.1 I Substitute items .................................. 12.1 Time Extension ......................... • • "..9.11. 12.1 Time requirements .......................... Unit Price Work.............11.9.3 11.3 Valueof ............................................ Waiver of —on Final Payment ..............14.14. 10.2 4.15 Work Change Directive 6......6..6.6 .............. written notice required ...........9.11. 112. 12.1 3.6.3.9.4, 9.11 Clarifications and Interpretations ........... 617 Clean Site ................................ Codes of Technical Society. Organization or 3 33 Association ..................—. .......... 2.3 Commencement of Contract Times . Communications — Article or Paragraph Number general ...................6.4.......6...6.. 6.2, 6.9.2, 8.1 Hazard Communication Programs ................... 6.22 Completion — Final Application for Payment ....................14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ...............14.13-14.14 Partial Utilization ...... •. . 1.38, 14. 0 Substantial Completion ...... • ..... 14.8-14.9 9 Waiver of Claims ..... .. . • 17......14..5 Computation of Times ...................... Concerning Subcontractors, 6.8-6.11 Suppliersand Others . . . ..- """" Conferences — initially acceptable schedules ..6.6...6........4....... 2.9 ........................ 2.8 preconstruction ............. Conflict, Error, Ambiguity, Discrepancy— 2.5. 3.3.2 CONTRACTOR to Report ........... Construction, before starting by CONTRAiCPOR .... 2.5-2.7 . 6.4 Construction Machinery. Equipment, etc. . • • • • • :.6.29 10.4 Continuing the Work..-•••••••••• Contract Documents — Amending ........................................... 5 1 Bonds..6...........666 ..............................11.8 Cash Allowances ...........61...........6.6........ Change of Contract Price ...............6.4........... 11 12 Change of Contract Times ............... • � • • •.. 10.410.5 Changes in the Work ..................... 4... 2.5 check and verify ...........6666.••• ':' 3.2, 3.6, 9.4. 9.11 Clarifications and Interpretations ..... 111 definition of .. • 9.11 ENGINEER as initial interpreter of .........666.6 ENGINEER as OWNER's representative ............ 9. general ................................................ 3 5.3 Insurance.........................................3.1 5.3 Intent.........................4.................. minor variations in the Work ........... • • • • • • • . 3.6 .. OWNER's responsibility to furnish data - • • - 8.3 OWNER's responsibility to make 8.3, 14.4, 14.13 prompt payment ........ . 3.1, 3.3.3 precedence ................................. Record Documents ......... ........................ 6.19 Reference to Standards and Specifications 3 3 of Technical Societies ............ -, 7.2 Related Work ...................................... 3.3 Reporting and Resolving Discrepancies ..... 6 6 6 6 .. 2.5, 3.7 Reuseof .......................................... .................... 3.6 Supplementing .................. Termination of ENGINEER's Employment ...........18.22 Unit Price Work ................... • • • }.6, 6.23, 6.27 .................... variations ............. 9.2 Visits to Site. ENGINEER's .................... Contract Price — adjustment of ................ 3.5, 4.1, 9.4, 10.3, 112-11.3 Change of ...................................... 4.. Il 9.11 Decision on Disputes .........................•• I.11 definition of """"""" Contract Times — adjustment of ..............3.5, 4.1, 9.4, 10.3. 12 ........ Change of ................12.1-12.4 Article or Paragraph Number Commencement of...................................2.3 definition of ...................... 1.12 CONTRACTOR — Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work ................................ 6.29, 10.4 coordination and scheduling ......................... 6.9.2 definition of ........................................ 1.13 May Stop Work or Terminate ....................... 15.5 provide site access to others .................... 7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements ............................4.5.2 CONTRACTOR's— Compensation..................................11.1•11.2 Continuing Obligation .............................. 14.15 Defective Work .......................... 9.6, 13.10.13.14 Duty to correct defective Work ..................... 13.11 Duty to Report — Changes in the Work caused by Emergency....................................... 6.23 Defects in Work of Others ......................... 7.3 Differing conditions ........4.2.3 Discrepancy in Documents ........... 2.5, 3:3.2, 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies............t............................ 6.23 Equipment and Machinery Rental, Cost of the Work...................................11.4.5.3 Fee —Cost -Plus '............ 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee ..................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12, 6.16, 6.31-6.33 Inspection of the Work ......................... 7.3, 13.4, Labor, Materials and Equipment ..................6.3-6.5 Laws and Regulations, Compliance by ............. 6.14.1 Liability Insurance...................................5.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties; paid for by ...............612 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.) CONTRACTOR's General Warranty and Guaran- tee...............................................6.30 CONTRACTOR's reviewpriorto Shop Drawingor Sam- ple submittal.....................................6.2$ 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 .........................6.12 Permits...........................................6.13 Progress Schedule ................................. 6.6 Record Documents ............................... 6.19 related Work performed prior to ENGINEER's approval of required submittals ................. 6.28 safe structural loading ............................ 6.18 Safety and Protection ................... 6.20, 7.2, 13.2 Safety Representative ............................. 6.21 Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review by ENGINEER................................6.26 Site Cleanliness...................................6.17 Submittal Procedures .............................. 6.25 Substitute Construction Methods and Procedures .................................... 6.7.2 Substitutes and "Or -Equal" Items ................ 6.7.1 Superintendence...................................6.2 Supervision ........................................ 6.1 Survival of Obligations ............................ 6.34 Taxes............................................ 6.15 Tests and Inspections ............................. 13.5 To Report .........................................2.5 Use of Premises .................... 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ................. 6.20-6.22, 7.2, 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples Submittals .........6.24-6.28 Special Consultants ............................... 11.4.4 Substitute Construction Methods and Procedures ..... 6.7 Substitutes and "Or -Equal" Items, Expense .. 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Supervision and Superintendence ........... 6.1, 6.2, 6,21 Taxes, Payment by..................................6.1$ Use of Premises................................6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title....................................14.3 Written Notice Required — CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions..............................................4.2.3 Substantial Completion ...........................14.8 CONTRACTORS—other.................................7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination I Article or Paragraph Number Article or Paragraph Number CONTRACTOR's responsibility .................... 6.9.2 Determinations for Unit Prices ........................9.30 ' Copies of Documents..................................2.2 Differing Subsurface or Correction Period .................................... 13.12 Physical Conditions 4.2.3 • Defective Work ENGINEER's Review ............................. 4.2.4 in general ............................. 10;4.1, 13.10-13.14 Possible Contract Documents Change ............... 4.2.5 Acceptance of Defective Work .....................13.13 Possible Price and Times Adjustments .............. 4.2.6 Correction or Removal of Defective Work ..... 6.30, 13.11 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2. 6.14.2 ' Correction Period..................................13.12 Dispute Resolution - OWNER May Correct Defective Work ............. 13.14 Agreement.....................................16.1-16.6 OWNER May Stop Work .......................... 13.10 Arbitration ..................................... 16.I-16.5 Co"_ general..........................................16 ' of Tests and Inspections . . 13.4 Mediation....................................16.6 Records .. . .. 11.7 Dispute Resolution Agreement .................... 16.1-16.6 Cost of the Work- Disputes. Decisions by ENGINEER ..............9.11-9.12 ' Bonds and insurance, additional ................. 11.4.5.9 Documents - Cash Discounts...................................114.2 Copies of........................................2.2 CONTRACTOR's Fee .............................. 11.6 Record ....................:........................ 6.19 Employee Expenses ............................. 11.4.5.1 Reuse of......................................3.7 ' Exclusions to.......................................11.5 Drawings -definition of ............................... 1.15 General........................................ 11.4-11.5 Easements.......................................4.1 Home office and overhead expenses ................. 11.5 Effective date of Agreement -definition of ............. 1.16 Losses and damages ............................. 11.4.5.6 Emergencies....................................6.23 ' Materials and equipment .......................... 11.4.2 ENGINEER - Minor expenses.................................11.4.5.8 as initial interpreter on disputes .................9.11-9.12 Payroll costs on changes .......................... 11.4.1 definition of........................................1.17 ' performed by Subcontractors ............: ......... 11.4.3 Limitations on authority and Records .. .. 11.7 responsibilities 9.13 Rentals of construction equipment and machinery . 11.4.5.3 Replacement of ... ......... ........ ....... 8.2 Royalty payments. permits and license fees ...... 11.4.5.5 Resident Project Representative ...................... 9.3 Site office and temporary facilities ............... 11.4.5.2 ENGINEER's Consultant -definition of ............... 1.18 Special Consultants. CONTRACTOR's ............ 11.4.4 ENGINEER's. Supplemental ........................ 11.4.5 authority and responsibility, limitations on ........... 9.13 Taxes related to the Work ....................... 11.4.5.4 Authorized Variations in the Work .................... 9.5 ' Tests and Inspection ....... ........................ 13.4 Change Orders, responsibility for ..; ..; ; .; . 9.7. 10, 11, 12 Trade Discounts .. ... 11.4.2 Clarifications and Interpretations .. .. 3.6.3, 9.4 Utilities, fuel and sanitary facilities ............... 11.4.5.7 Decisions on Disputes .......................... 9.11-9.12 Work after regularhours ............ 11.4.1 defective Work, notice of . ....... 13.1 Covering Work ................................... 13.6.13.7 Evaluation of Substitute Items ...................... 6.7.3 Cumulative Remedies . .. 17.4-17.5 Liability .................. ' .... ' . .. 6.32. 9.12 Cutting, fitting and patching ............................ 7.2 Notice Work is Acceptable ......................... 14.13 ' Data, to be furnished by OWNER ...................... 8.3 Observations .................................6;30.2, 9.2 Day -definition of...................................17.2.2 OWNER's Representative ...........................9.1 Decisions on Disputes ........................... 9.1 1. 9.12 Payments to the CONTRACTOR, defective -definition of................................1.14 Responsibility for .............................. 9.9, 14 ' defective Work- Recommendation of Payment ................. 14.4. 14.13 Acceptance of .............................. 10.4.1, 13.13 Responsibilities - 10.4.1.13.11 Limitations on ...............................9.11-9.13 Correction period..................................13.12 Review of Reports on Differing Subsurface ' in general ................................. 13. 14.7, 14.11 and Physical Conditions ..........................4.2.4 Observation by ENGINEER ......................... 9.2 Shop Drawings and Samples, review OWNER May Stop Work .......................... 13.10 responsibility.....................................6.26 ' Prompt Notice of Defects ........................... 13.1 Status During Construction- Rejecting............................................9.6 authorized variations in the Work .................. 9.5 Uncovering the Work ............................... 13.8 Clarifications and Interpretations ................... 9.4 Definitions...............................................I Decisions on Disputes ........................ 9.11-9.12 ' Delays ................................. 4.1. 6.29, 12.3-12.4 Determinations on Unit Price ..................... 9.10 Deliveryof Bonds......................................2.1 ENGINEER as Initial Interpreter .............9.11-9.12 Deliveryof certificates of insurance ..................... 2.7 ENGINEER's Responsibilities ................9.1-9.12 Article or Paragraph Number Article or Paragraph Number Limitations on ENGINEER's Authority and deductible amounts, CONTRACTOR's Responsibilities ................................... 9.13 responsibility .................................... 5.9 OWNER's Representative ......................... 9.1 Final Application for.Payment ..............' ....... 14.12 Project Representative ............................. 9.3 Licensed Insurers .................................... 5.3 Rejecting Defective Work .......................... 9.6 Notice requirements, material Shop Drawings, Change Ordersand changes .................................. 5.8, 10.5O Payments....................................9.7-9.9 Option to Replace .................................. 5.14 ..................... Visits to Site ..... ............ 9.2 other special insurances ............................. 5.10 Unit Price Determinations ...........9.10 OWNER as fiduciary for insureds .............. 5.12-5.13 Visits to Site ......................................... 9.2 OWNER's Liability .................................. 5.5 Written consent required .......................... 7.2, 9.1 OWNER's Responsibility ............................8.5 Equipment, Labor, Materials and ...................6.3-6.5 Partial Utilization, Property Insurance ............... 5.15 Equipment rental, Cost of the Work ................ 11.4.5.3 Property........ 5.6.5.10 Equivalent Materials and Equipment .................... 6.7 Receipt and Application of Insurance Proceeds .. 5.12-5.13 Errors or omissions ................................... 6.33 Special Insurance ................................... 5.10 Evidence of Financial Arrangements ................... 8.11 Waiver of Rights .................................... 5.11 Explorations of physical conditions ................... 4.2.1 Intent of Contract Documents ....................... 3.1-3.4 Fee, CONTRACPOR's--Costs-Plus ................... 11.6 Interpretations and Clarifications ................. 3.6.3, 9.4 Field Order- Investigations of physical conditions .................... 4.2 definition of ........................................ I.19 Labor, Materials and Equipment ....................6.3-6.5 issued by ENGINEER ......................... 3.6.1, 9.5 Lands - Final Application for Payment ........................ 14.12 and Easements ................ ...............:...... 8.4 Final Inspection......................................14.11 Availability of...................................4.1, 8.4 FinalPayment- Reports & Tests.....................................8.4 and Acceptance .............................. 14.13-14.14 Laws and Regulations -Laws or Regulations - Prior to, for cash allowances ........................ 11.8 Bonds...........................................5.1.5.2 General Provisions ...............................17.3-17.4 Changes in the Work ................................ 10.4 General Requirements- Contract Documents ................................. 3.1 defintion of ............... 1.20 CONTRACTOR's Responsibilities ..........:......... 6.14 ................. principal references to .............. 2.6, 6.4, 6.6-6.7, 6.24 Correction Period, defective Work .........13.12 Giving Notice ........' :............................... 17.1 Cost of the Work, taxes ......................... 11.4.5.4 Guarantee of Work -by definition of ........................................ 1.22 general ............................................. 6.14 CONTRACTOR .............................. 6.30, 14.12 . Indemnification 6.3116.33 ..........'...... Hazard Communication Programs ...6. . .6.22 ................................ Insurance............................................5.3 Hazardous Waste- Precedence 3.I, 3.3.3 definition of :..... 1.21 Reference to general..............................................4.5 .......................................3.3.1 Safety and Protection ......... .................6.20. 13.2 OWNER's responsibility for ........................8.10 Subcontractors, Suppliers and Others 6.8-6.11 Indemnification ........................ 6.12, 6.16, 6.3116.33 Tests and Inspections ............................... 13.5 Initially Acceptable Schedules ..........................'2.9 Use of Premises 6.16 Inspection— Visits to Site Certificates of ...........! ............. 9.13.4, 13.5, 14.12 ..................................9.2 Liability Insurance — Final ................:............................. 14.1I CONTRACP0R's 5.4 Special, required by ENGINEER .................... 9.6 .................................... OWNER's...........................................5.5 Tests and Approval ........................8.7. 13.3-13.4 Licensed Sureties and Insurers ......................... 5.3 Insurance— Liens — Acceptance of, by OWNER ......................... 5.14 Application for Progress Payment ................... 14.2 Additional, required by changes Contractor's Warranty of Title ....................... 14.3 in the Work.................................11.4.5.9 Final Application for Payment ...................... 14.12 Before starting the Work ............................. 2.7 definition of ........................................ 1.23 Bonds and —in general.................................5 Waiver of Claims .................................. 14.15 Cancellation Provisions .............................. 5.8 Limitations on ENGINEER's authority and Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, responsibilities ..................................... 9.13 9.13.4, 14.12 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2 completed operations .... 7 ......................... 5.4.13 Maintenance and Operating Manuals— CONTRACTOR's Liability ........................... 5.4 . Final Application for Payment .......... ...........:` I4.12 CONTRACIOR's objection to coverage ............. 5.14 Manuals (of others) — Contractual Liability .............................. 5.4.10 Precedence 3.3.3.1 ....................................... H I Article or Paragraph Number ' Reference to in Contract Documents ................3.3.1 Materials and equipment— 6.3 furnished by CONTRACTOR .. not incorporated in Work ..........................14.2 ' Materials or equipment�quivalent ..................... 6.7 Mediation (Optional)...........................6...... 16.7 Milestones —definition of .......................... 6 ... 1.24 ' om MCpueous— .... Computation of Times .. .........• • 17.2 Cumulative Remedies ............................ 6.. 17.4 Giving Notice ....................................... 17.1 Notce of' Claim . and our • . l . .. .. 17.5 Professional Fees and Court Costs Included .......... 17.5 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. ..........................0... 13.1 Differing Subsurface or Physical Conditions ..........4.2.3 Givin 17.1 g .............................................. Tests and Inspections ..........................13.3 Variation. Shop Drawing and Sample ................ 6.27 Notice to Proceed - definition of.........................1.26 1 giving of ..................... 2.3 Notification to Surety .............4....4.. 10.5 Observations, by ENGINEER ............6.4.. ... 6.30, 9.2 Occupancy of the Work ................ 5.15, 6.30.2.4, 14.10 I Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril,, policy form. Insurance .... . .. ...5.6.2 Option to Replace .....................5.14 OthEqual" Items ...............44.4......4 ............... 6.7 Other work .. 7 Overtime Work -prohibition of ......................... 6.3 OWNER- ' Acceptance of defective Work ................: ..... 13.13 appoint an ENGINEER ............................4.8.2 as fiduciary .. 5.12-5.13 .................. Availability of Lands, responsibility ...................4.! ' - definition of ........................................ 1.27 data, furnish .. " 8.3 .................................... .... 13.14 ' May refuse to make payment ....................... 14.7 May Stop the Work .......4 .....................444 13.10 may suspend work, terminate ....................... 8.8, 13.10. 15.1-15.4 I I 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 .........................630.2.5 Change Orders, obligation to execute.............................4444... 8.6, 10.4 Communications.....................8.1 Coordination of the Work ............................ 7.4 Disputes. request for decision ............4.4......44 9.11 Article or Paragraph Number Inspections, tests and approvals ................. 8.7, 13.4 Liability Insurance......................5.5 Notice of Defects ................................... 13.1 Representative -During Construction, ENGINEER's Status ............................ 9.1 Responsibilities - Asbestos, PCB's. Petroleum, Hazardous Waste on Radioactive Material .................. 8.10 Change Orders....................................8.6 Changes in the Work .............................. 10.1 communications ................................... 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 .................... 8.3 reports and tests ..............................4,...8.4 stop or suspend Work .................. 8.8, 13.10, 15.1 terminate CONTRACI'OR's services .......... 8.8, 15.2 separate representative at site .........4....4...4...4. 9.3 independent testing........................13.4 use or occupancy of the Work.................4.................. 5.15, 14.10 written consent or approval required ........................d...... 9.1, 6.3, 11.4 written notice required .......... 7.1, 9.4, 9.11, 11.2, 11.9.14.7, 15.4 PCBs - definition of ...........4.........4 .............44... 1.29 general .................... ........... ........... 4.5 OWNER's responsibility for ........................8.10 Partial Utilization - definition of..........................1.28 general ................................... 6.30.2.4, 14.10 Property Insurance ....................... ...... 5.15 Patent Fees and Royalties ............................. 6.12 Payment Bonds..........................5.1-5.2 Payments, Recommendation of .............(4.4-14.7, 14.13 Payments to CONTRACTOR and Completion - Application for Progress Payments .................. 14.2 CONTRACDOR's Warranty of Title ................. 14.3 Final Application for Payment ...................... 14.12 Final Inspection ..................4..........4..44. 14.11 FinalPayment and Acceptance ...............14.13-14.14 general...........................................8.3. 14 Partial Utilization............................14.10 Retainage..............................14.2 Review of Applications for Progress Payments............................4..... 14.414.7 prompt payment ..........................4.444...... 8.3 Schedule of Values .................................. 14.1 SubstantialCompletion ....4....4.......44...... 14.8-14.9 Waiver of Claims ................4444.............. 14.15 when payments due .......................... 14.4, 14.13 withholding payment..........................4..... 14.7 Performance Bonds...................4............. 5.1-5.2 permits............................................... 6.13 J Article. or Paragraph Number Petroleum — definition of ............:...................... .. 1.30 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Physical Conditions — Drawings of, in or relating to .....................4.2.1.2 ENGINEER's review .............................. 4.2.4 existing structures..................................4.2.2 general...........................................4.2.1.2 Subsurface and, ..'................................... 4.2 Underground Facilities ............................... 4.3 Possible Contract Documents Change ............... 4.2.5 Possible Priceand Times Adjustments .............. 4.2.6 Reports and Drawings ...............................4.2. Notice of Differing Subsurface or, .................. 4.2.3 Subsurface and......................................4.2 Subsurface Conditions ............................ 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized .................... 4.2.2 Underground Facilities — general ..........................................43 Not Shown or Indicated .......................4.3.2 Protection of ............................... 4.3, 6.20 Shown or Indicated ..........4............44..4 4.3.1 Technical Data ..................................... 4.2.2 Preconstruction Conference ............................. 2.8 Preliminary Matters .......•4...4 .............4..........4. 2 PreliminarySchedules..................................2.6 Premises, Use of..........0...................... 6.16-6.18 Price, Change of Contract ...............................II Price, Contract —definition of .......................... 1.11 Progress Payment, Applications for .................... 14.2 Progress payment—retainage .......................... 14.2 Progress schedule, CONTRACTOR's ..... 2.6, 2.8. 2.9. 6.6, ' 6.29,10.4. 15.2.1 Project —definition of..................................1.31 Project Representative — ENGINEER'S Status During Construction ............ 9.3 Project Representative, Resident —definition of ..........' ............................ 1.33 prompt payment by OWNER ............................ 8.3 Property Insurance Additional...........................................5.7 general............. ........................:... 5.6-5.10 Partial Utilization ........::.................. 5.15. 14.10.2 receipt and application of: proceeds ........ ......................... 5:12-5.13 Protection, Safety and ....................... 6.20-66.21, 13.2 Punch list ................. ....................:...... 14.11 Radioactive Material — definition ...........................................1.32 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Recommendation of Payment .............. 14.4, 14.5. 14.13 Record Documents ............................. 6.19, 14.12 Records, procedures for maintaining :........:.......... 2.8 Reference Points.......................................4.4 Reference to Standards and Specifications - of Technical Societies................................3.3 Article or Paragraph Number 1 _Regulations, Laws and (or) ............................ 6.14 Rejecting Defective Work ..............................9 .6 Related Work — at Site.........................4.................. 7.1-7.3 Performed prior to Shop Drawings " 1 and Samples submittals review .................. 6.28 1 Remedies, cumulative ..44......4........4........ 17.4, 17.5 Removal or Correction of Defective Work.....4.4............................ 13.11 rental agreements, OWNER approval I. 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— 1 definition of.........4...4.......................... 1.33 provision for.........................................93 Resident Superintendent, CONTRACTOR's .............6.2 Responsibilities— '. general ........................... 6 ENGINEER's-in.general..........:....................9 - Limitations on .........4.4..4.........4........... 9.13 OWNER's-in general .............4..4.........4......4. 8 Retainage...................4...........4.4........4.. 14.2 Reuse of Documents ...........4.......4.4..........4.. 3.7 Review by CONTRACTOR: Shop Drawings 1 .and Samples Prior to Submittal ....................:. 6.25 Review of Applications for Progress Payments ......................................14.4-14.7 Right to an adjustment ...........4......4.....4.....4. 10.2 Rights of Way ...............4.............4.44......... 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 1 Samples — definition of ...............:........................ 1.34 general ....................................... 6.24-6.28 Review by CONTRACTOR 4 4. ,. 4 ................... 6.25 Review by ENGINEER .........444.......4... 6.26, 6.27 related Work ........................................ 6.28 submittal of ...............4.444................... 6.24.2 submittal procedures ..........4..4.4............4... 6.25 Schedule of progress ..... 2.6. 2.8.2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ....4 .............4.44. 2.6, 2.8.2.9, 6.24.6.28 1 Schedule of Values ........................ 2.6, 2.8.2.9, 14.1 Schedules — Adherence Adherence to.....................................15.2.1 Adjusting............................................6.6 _ �. Change of Contract Times 44......4:.4 .............. 10.4 Initially Acceptable ...............................2.8-2.9 Preliminary..................................4....... 2.6 Scope of Changes .............................. 10.3-10.4 Subsurface Conditions ................'.............. 4.2.1.1 10 Article or Paragraph Article or Paragraph Number Number Shop Drawings— Substitute Items..................................6.7.1.2 and Samples, general ...........................6.24-6.28 Subsurface and Physical Conditions — Change Orders & Applications for Drawings of. in or relating to ..................... 4.2.1.2 Payments, and ............................... 9.7-9.9 ENGINEER's Review ............................. 4.2.4 definitionof ........................................ 1.35 general .............................................. 4.2 ENGINEER's approval of .. ... 3.6.2 Limited Reliance by CONTRACTOR ENGINEER's responsibility Authorized .................................... 4.2.2 for review ............................... 9.7, 6.24-6.28 Notice of Differing Subsurface or related Work ......................................•. 6.28 Physical Conditions................................4.23 review procedures .. ... 2.8, 6.24-6.28 Physical Conditions.................................4.2.1.2 submittal required ................................. 6.24.1 Possible Contract Documents Change ................. 4.2.5 Submittal Procedures ............................... 6.25 Possible Price and Times Adjustments ...... . .... . . . . . 4.2.6 use to approve substitutions ........................6.7.3 Reports and Drawings ..... • 4.2.1 Shown or Indicated ............ ......... 4.3.1 Subsurface and . 4.2 Site Access....................................7.2. 13.2 Subsurface Conditions at the Site .................4.2.1.1 Site Cleanliness .....................................6.17 Technical Data............................4.2.2 .. Site, Visits to— Supervision— - by ENGINEER 9.2. 13.2 CONTRAC'IOR's responsibility ...................... 6.1 by others .....................................13.2 OWNER shall not supervise ......................... 8.9 "Special causes of loss" policy form. insurance ....... 5.6.2 ENGINEER shall not supervise ...............9.-. 9.13.2 Specifications— Superintendence ....................................... definition of........................................1.36 Superintendent, CONTRACIOR's resident ........... 6.2 of Technical Societies, reference to .................3.3.! Supplemental costs..............................11.4.5 precedence ......... 4 ..................... 4 ........ 3.3.3 Supplementary Conditions — Standards and Specifications of Technical definition of ...................................... 4. 1.39 Societies .. .. 3.3 principal reference to .... 1.10, 1.18. 2.2. 2.7, 4.2. 4.3.5.1. Starting Construction, ' Before ...: ..: . : .....: • . 2.5-2.8 5.3. 5.4, 5.6-5.9, 5.11, 6.8, 6.13, 7' 4' 8;11, 9.3, 9.10 Starting the Work .. ... 2.4 Supplementing Contract Documents .. .. 3.6 Stop or Suspend Work— Supplier — by CONTRACTOR .................................15.5 definition of................................1.40 by OWNER ............................. 8.8, 13.10, 15.1 principal references to .................. 3.7, 6.5,6.8-6.11, Storage of materials and equipment ................. 4.1. 7.2 6.20.6.24.9.13, 14.12 Structural Loading, Safety ............................. 6.18 Waiver of Rights..............................6.11 Subcontractor— Surety — Concerning, .. 6.8.6.I I consent to final payment .....................14.12. 14.14 definition of .. 1.37 ENGINEER has no duty to ......................... 9.13 delays 12.3 Notification of ........................... 10.1, 10.5, 15.2 waiver of rights.....................................6.11 qualification of.................................5.1-53 Subcontractors —in general ........................ 6.8-6.11 Survival of Obligations................................6.34 Subcontracts —required provisions ........ 5.11, 6.11. 11.4.3 Suspend Work. OWNER May .................. 13.10, 15.1 Submittals— Suspension of Work and Termination— ..................IS Applications for Payment ........................... 14.2 CONTRACTOR May Stop Work or Maintenance and Operation Manuals ...............14.12 Terminate....................................15.5 ..................................... Procedures 6.25 OWNER May Suspend Work ....................... 15.1 .... Progress Schedules .............................. 2.6, 2.9 OWNER May Terminate ....................... 15.2-15.4 Samples .............. 4........................ 6.24-6.28 Taxes -Payment by CONTRACTOR .................... 6.15 Schedule of Values ............................. 2.6, 14.1 Technical Data — Schedule of Shop Drawings and Limited Reliance by CONTRACTOR ............... 4.2.2 Samples Submissions ........ ....... .. ... 2.6. 2.8-2.9 Possible Price and Times Adjustments .. . . . . . . . . . . . . 4.2.6 Shop Drawings ............. .. 6.24-6.28 Reports of Differing Subsurface and Substantial Completion— 4.2.3 certification of ........................ 6.30.2.3, 14.8-14.9 Temporary construction facilities ........................ 4.1 definition of..................................1.38 Termination — Substitute Construction Methods or Procedures ....... 6.7.2 by CONTRACTOR.................................15.5 Substitutes and' Or Equal'' Items ......................6.7 by OWNER ...............................8.8. 15.1' 15.4 ENGIN EER's Ev Expense ....... ... ... : .. • 6.6.1.3 of ENGINEER's W employment -ingenal . . 8.2 ...6.7.3 Suspension of Work-in general .. ENGINEER's Evaluation .. ' • IS "Or -Equal... ... 6.7.1 Terms and Adjectives .. .. 3.4 Substitute Construction Methods of Procedures ..... 6.7.2 Tests and Inspections — I I Article or Paragraph Number Article or Paragraph Number I Access to the Work, by others ...................... 13.2 Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10 CONTRACfOR's responsibilities .................... 13.5 Value of the Work ..................................... 11.3 cost of....... . . . . 13.4 Values, Schedule of ....................... 2.6, 2.8-2.9, 14.1 covering Work prior to .........13.6-13.7 Variations in Work —Minor laws and Regulations (or) .....13.5 Authorized ................................ 6.25.6.27, 9.5 Notice of Defects ................................... 13.1 Visits of Site —by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Waiver of Claimson Final OWNER's independent testing ...................... 13.4 Payment ........................................... 14.15 special, required by ENGINEER .....................9.6 Waiver of Rights by insured parties ............... 5.11, 6.11 timely noticerequited ............................... 13.4 Warranty and Guarantee, General —by Uncovering the Work, at ENGINEER's CONTRACTOR .................................... 6.30 request....................................13.8-13.9 Warranty of Title, CONTRACTOR's ................... 14.3 Times— Work — Adjusting............................................. 6.6 Access to ........................................... 13.2 Change of Contract......4............................ 12 by others, ............................................. 7 Adjusting............................................6.6 Changes in the ....................................... 10 Computation of ......... .... 17.2 Continuingthe...................................... 6.29 Contract Times__ definition of .......................1.12 CONTRACTOR May Stop Work day ..................... ..........................17.72 or Terminate ................................... 15.5 Milestones ........ Coordination of ...................................... 7.4 Requirements — Cost of the ..................................... 11.4-11.5 ap 16 definition of ........................................ 1.43 peals ............, clarifications, claims and neglected by CONTRACTOR ...................... 13.14 other Work disputes ......................:...... 9.11, 11.2, 12 ................ 7 ............................ commencement of contract times ...............:... 2.3 OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work ........ 13.10, 15.1 preconstruction conference........................ 2.8 ......... schedules . Related, Work at Site ............................. 7.1-7.3 ........ ..................... 2.6.2.9. 6.6 Starting the ............. ............... 2.4 O starting the Work :......... 2,4 ......... H Stopping by CONTRACTOR ........................ 15.5 Title, Warranty of .:. ... ............................... 14.3 Stopping by OWNER.................... 15.1-15.4 Uncovering Work................................13.8-13.9 Variation and deviation authorized, Underground Facilities, Physical Conditions— ' mi1 nor............................4............... 3.6 definition of.......................................1.41 Work Change Directive — Not Shown or Indicated ........................'. 4.3.2 claims pursuant to .. 10.2 protection of ................... ............ 4.3, 6.20 definition of ...................................:. 1.44 Shown or Indicated ............""""""""""" 4.3.1 Unit Price Work— principal references to ....................3.5.3, 10.1-10.2 Written Amendment— claims............................................11.9.3 definition of . . 1.45 definition of ................................... 1.42 principal references to ... 1:10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, general..................................11.9, 14.1, 14.5 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Unit Prices— - Written Clarifications and general...........................................11.3.1 Interpretations ........................... 3.6.3, 9.4, 9.11 Determination for...................................9.10 Written Notice Required — Use of Premises ........................ 6.16, 6.18, 6.30.2.4 by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 11.2, 12.1 Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2 by OWNER ....................9.10.9.1 t, 10.4, 11.2, 13.14 I I 12 I I I Li I I I I I I I 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. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, 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. 1 13 1.20. General Requirements —Sections of Division I of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens —Liens, charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone —A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward—The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified. OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR'S obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. . 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is, liquid at standard conditions of temperature and pressure :(60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative— The authorized representative of ENGINEER who may be assigned to the site. or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. I I 1 I 1 1 I I I 1 1 I I I 14 I I I I 11 I I I I 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 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 Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of. the Contract Docu- ments. ARTICLE 2 —PRELIMINARY MATTERS IDelivery of Bonds: I 17 I 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 S.I. 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 are 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; Notice to Proceed. 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement. or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at anytime within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the 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, reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. 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, 5.6and 5.7. Addition see Sc 2.7 Preeonstntdlon Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference I 15 attended by CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the -Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Initially Acaepetibk Schedaks: 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR'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—CONTRACf DOCUMENTS: INTENT, AMENDING, REUSE Intent. 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Diserepaacies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work. CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: I I I 1 I I I ii I I 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 of O WN 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 16 1 I I I I I I U F I I I I I I I I I [1 performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered;" "as directed;" "as required;" "as allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable," 'suitable. " "acceptable. 'proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contact 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 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings. Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, at indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request. OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to 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 Cmrdilion: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. 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 CONTRACIOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information.' 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or . 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then• CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER'S Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER'S findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2:6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions..UndeMmund Facilities: 4.3.1. Shown or Indicated.: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on I I I I I I L I LI I 1 I 18 I I I I I I I I I L I I 1J I I I I I information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data: and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for. (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities 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. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required. a Work Change Directive or a Change Order will 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, Petrotetun, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Fetroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor. Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re-, quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (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 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 igjury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. . ARTICLE 5 —BONDS AND'INSURANCE Additions see SC -5.1.1 and 5l.2 Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall. furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions° All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Opera- tions, U.S. Treasury Depaitment. 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. ], CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which. must be acceptable to OWNER. Replacement see SC 5.2 5.3, Licensed Sureties and Insurers; Certificates of Insurvnee: 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 CONVTRACIOR's Liability Insurance:: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims • under workers' compensation, disability benefits and other similar•employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by. any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and r 5.3.1. All Bonds and insurance required by the Contract 5.4.6. claims for damages because of bodily injury or Documents to be purchased and maintained by OWNER or 'death of any person or property damage arising out of the CONTRACTOR shall be obtained from surety or insurance ownership, maintenance or use of any motor vehicle. Hi 1 1 1 1 1 1 1 1 1 1 1 1 1 1 20 I I I I I I I I I I I I [1 I I I The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRACTOR'S indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at 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 CONTRACTX:)R 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, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance. and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). Addition see SC 5.4.14 OWNER's Liobility lrswrance: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Replacement see SC 5.5 Property Insurance: 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. Unless otherwise provided in the Supplementary Con- ditions, OWNER shall purchase and maintain property insur- Replacement see Sc 5.6 21 5.6.1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER. ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 5.6.2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects); 5.6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica- tion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER. CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. Replacement see SC 5.7 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11. I Li 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR. Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits'of such amounts, each may purchase and maintain it at the purchaser's own expense. 1 Delete 5.10 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors; ENGINEER, ENGINEER's Consultants and all other persons. or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 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 Irmuanco 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 approp 'hate Change Order or Written Amendment. Delete 5,13 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and; if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. Acceptance of Bonds and insurance; Option to Replace: 5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was I I I I I I El I Ell I I I I 22 I I I I I I I I I I I I I I I I I J required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. phr" Lrd&arion—Property insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy 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. ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 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 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, suitably qual- 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 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- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit ofOWN W N ER. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected. erected. used. cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 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 by a Change Order or Written Amendment in accordance with Article 12. Addition see Sc 6.6 6.7. Substitutes and "Or- Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 23 I 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an 'item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, 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 ofshe proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about [he proposed substitute. 6.7.1.3. CONTRAC7OR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Otters: 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 1 1 7 H I I I I I I I LI [Ti I El 24 I I I I I I I I I I I I I I Li] I I H 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 other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors. Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will 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 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR. ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRACTOR will obtain the same. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and 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 the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable laws and Regulations, neitherOWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of I Zj I I the Project which are applicable during the performance of the Work. IUse of Premises: I I I I I I I I I I I I I I I 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER. ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications. Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents. Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Sghty and Proreesion: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto. including trees, shrubs, lawns, walks, pavements, roadways. structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor. Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Represenrative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and 26 1 responsibilities shall be the prevention of accidents and. the maintaining and supervising of safety precautions and pro- grams. , 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 or protection 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 taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24, Shop Drawings and Samples: , 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the 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, Submi#al Procedures: 6.25.1: Before: submitting each Shop Drawing or Sam- ple. CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments. materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with. respect to intended use; fabrication, shipping, handling; storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. 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. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means. methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex-. pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. 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 ni rn H I I I iI L 1 I] I I I 1 27 I I I I I I II L I I I I CJ I I I I I Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30. CONTRAL70R's General Warranty and Guarantee: Addition — See SC 6.30.3. 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's.obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Addition — See SC 6.30.3 Indemtifuaion: 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR. any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obfigalions: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with 1 28 I the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OCHER WORK Additions see Sc 7.5 Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's, own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these,: or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles 14 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER,. if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting; fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper. execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's : Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Comdinthoe: 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- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8— OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they_ are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. Delete 8.5 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. I r i✓ I I I I H II U I I I I I I L 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos. PCBs, fttroleum. Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER wilt be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general. if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations. ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any. OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article II or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article ii or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or 30 I that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. Shop .Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, II, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR. unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement:' entered into between OWNER and CONTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 'I I and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any. in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Reso- lution Agreement.' entered into -between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. linutadons on ENGINEER's Au horny and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR. any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- ployee or agent of any of them. I El I I I I 1 W ^'1 U El I I I I 31 i I I I I I I 7] H I I I I I I I 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACT0R's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. ARTICLE I0 -CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any -such document. CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to. Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. Addition see Sc 10.6 ARTICLE II —CHANGE OF CONTRACT PRICE Ill. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the stars of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will ' 32 be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the: Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CON'TRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work. 11.4. The teen 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. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACIOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4,.11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. . 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the. Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. L I I' u I I I I 1 I I I I 33 I I I I I I I I J I I I I I I I 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- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.1 all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 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 fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. 1 34 Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by.the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: . . 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. Replace 11.93 with SC 11.9.3 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 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- cated 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 of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE I2 -CHANGE OF CONTRACT TIMES 1 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be -based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty -days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) I I J I I L I I Eli I 11 I Li I I I I I delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. I Access to Work' I H Ii I I I I I I I 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. Replacement with SC 13.3 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: Replacement with SC 13.4 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9: and approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections; tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require. that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. 13.4.3. as otherwise specifically provided in the Con- tract Documents. OWNER May Stop the Work: 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work 1 36 J shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Coredion or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed. either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Pmod: 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pie - scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defec-. tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particularitem 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. Acceptance of Defective Wor*. 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and 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 Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.1I, or if CON- TRACTOR fails to perform the.Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWN ER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools,- appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR' but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's representatives, agents and employees, OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRAC DOR'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 OWN ER of OWNER's rights and remedies hereunder. I L I I C I I IL] II 0 I 11 I 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 1 I I I I n I H J El I H H1 I I I I I will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units.com- pleted. i Replacement with Sc 14.2 14.. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRAClOR's Warranty of Tide: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: Revision see SC 14.4 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge. infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible forCONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORs performance or furnishing of the Work, I M 14.7.6. Liens have been filed in connection with the Work, except where_ CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and. deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, EN- GINEER considers the Work substantially complete. ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utili- ties, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Udlimdon. 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of -the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and •the division of responsibility in respect thereof and access thereto. I I I E. I I I L I Li I 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Finallnspecdon: 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 39 I I C n I I J I I I I I I I I particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are -necessary to complete such Work or remedy such deficiencies. Find Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents. including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any. to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER. CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Find Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGINEER will. within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If. through no fault of CONTRACTOR. final com- pletion of the Work is significantly delayed and if ENGINEER so confirms. OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement. make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement. and if Bonds have been furnished as required in paragraph 5.1. the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment. except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR. except claims arising from unsettled Liens. from defective Work appearing after final inspection pursu- ant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents: and 14.15.2. a waiverofalIclaimsbyCONTRACTORagainst 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 he resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both. directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: I EIJ 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 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 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to the extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid, balance. CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3.. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. , 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER. OWNER may, without cause and, without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case. CONTRACTOR shall be paid (without duplication of any items): 15.4.1. 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; 15.4.2. for expenses sustained prior to the effective daze of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. .1 CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRAG70R May Stop Wont or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, . then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER. and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles II and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16 —DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may 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 41 I I I U 1 I I I 1 I I I H I 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 Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Conrputadon of Times: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRAC OR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. (The remainder of this page was left blank intentionally.] ' 42 El EXIIIBIT GC -A to General Conditions of the Agreement Between OWNER and CON- TRACTOR 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 relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance 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 Asso- ciation then obtaining, subject to the limitations of this Article 16. This agreement so to arbitrate and 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 derision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rer,dered 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 renders a de- cision 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 accept- able 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 detpand 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 institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limita- tions. 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, ENGI- NEER's. Consultant and the officers, directors, agents, em- ployees 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 in- volved 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 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 CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or 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 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor. 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 jurisdic- tion thereof, and it will not be subject to modification or appeal. I I I El 1 J 1 I CI 1I I [The remainder of this page was left blank intentionally.] I CC -Al 1 I 1 1 I. 1 I 1 16.7... OWNER and CONTRACIOR agree that they shall first submit any and all unsettled claims, counterclaims, dis- putes 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 As- sociation 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 arbitra- lion would irrevocably prejudice 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. GC -A2 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, definitions apply: the following supplemental "Owner" shall mean the City of Fayetteville, Arkansas, acting thorough its duly authorized representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701. "Engineer" shall mean the City of Payetteville•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 workof 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 Hardware Association NEC - National Electric Code ' NEMA - National Electric Manufactures Association • NFPA National Fire Protection Association NPT National Pipe thread SBC - Standard Building Code (also SSBC) SPA - Southern Products Association UL - Underwriters Laboratories A - Ampere ' cfm _ cubic feet per minute CGMP corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute ' Hp _ horsepower lbs pounds MGD - million gallons per day N.C. - normally closed 1 N.O. _ normally open ppm parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) ' R _ motor starter relay RCP reinforced concrete pipe rpm - revolutions per minute T.D. - time delay ' TDH - total dynamic head V volt SC -2 Preliminary Matters n L_7 I I I I I Add the following to immediately follow paragraph 2.2 of the General Conditions. SC -2.2 Copies of Documents: Article 2.2 of the General Conditions shall be amended to read that Not less than five (5) bound copies of the proposal, contract, and stipulations shall be prepared and submitted to the OWNER for execution, each containing an exact copy of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed and the Contract signed by both parties thereto. However, the CONTRACTOR and the surety executing the bond shall not date the contract or the bond upon submission or execution by the OWNER. These documents will be dated the date the OWNER executes the contract. OWNER shall furnish to CONTRACTOR up to two (2) copies of the contract documents as are reasonably necessary for the execution of the work. Additional copies will be furnished, upon request, at the cost of reproduction. SC 2.7. Furnishing of Insurance Data. Delete all references to OWNER supplied and OWNER delivered insurance. SC -5 Bonds and Insurance: SC5.1 Performance, Payment and other bonds: Add the following new paragraphs immediately after paragraph 5.1 of the General Conditions which reads as follows: 2 I SC5..1.1 Resident Agent. The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not. authorized to do business in the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. SC5.1.2 Additional information. The Contractor shall provide the bonds as described in these sections within ten (10) days after the receipt of the NOTICE. OF AWARD. For contracts in excess of $100,000.00 the bonds shall be issued by a bonding company listed.by the A.M. BEST Rating Book as follows: (1). contracts in excess of $100,000.00, but less than $1,000,000.00 - "B+" rating or higher and contract amount may not exceed 2.0% of the policyholder's surplus. (2) contracts, in excess of $1,000,000.00 - "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: 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_a£ter 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, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient No employers' liability, public liability or workmen's collective insurance policy shall be written, in any casualty company not authorized to do business in the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. 7 I I I I I I I I I SCS.3.2 Delete the second sentence of paragraph 5.3.2 ("OWNER shall deliver to Contractor. . .") in its entirety. SC5.4. CONTRACTOR'S Liability Insurance: Add the following paragraphs immediately after the respective paragraphs contained in paragraph 5.4 of the General Conditions: SC5.4.14 The limits for liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts or the greater where required by law: Workers Compensation: 1) State: Statutory 2) Applicable Federal: Statutory 3) Employer's Liability: $100,000.00 each occurrence Comprehensive General Liability: $1,000,000.00 Combined Single Limit Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment exclusion deleted and broad form property damage. ' Comprehensive Automobile Liability Bodily Injury: ' $1,000,000.00 Each person $2,000,000.00 Each occurrence Property Damage: $500,000.00 Each occurrence or a combined single limit of $2,000,000.00. SC5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General Conditions in its entirety and insert the following in its place: 5.5. OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and hold harmless the OWNER and the ENGINEER and ' their agents and employees from and against all losses and claims, demands, payments, suits, actions, recoveries, judgements of every nature and description brought or recovered against them by reason of omission or act of the CONTRACTOR, his agent(s), employees, subcontractor, anyone directly or indirectly employed ' by any of them or anyone for whose acts any of them may be liable, in the execution of the Work or guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less that ' $2,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect the OWNER and ENGINEER from contingent liability under this contract. 4 I t. SC5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 5.6 Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the total bid price. This insurance shall include the interest of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER'S consultants in the Work (all of whom shall be listed as 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 water damage, and such other perils as may 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 materially changed or renewal refused until at least 30 days prior written notice has been given to the OWNER by certified mail and will contain wavier provisions in accordance with General Condition paragraph 5.11.2. SC5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: . SC5.7 Other Insurance. The CONTRAC during the course of the Contract. insurance coverage other than that protect the OWNER against all losses, 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. SC5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: SC 5.8., Policies shall also specify that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. All polices will provide for 30 days written notice (certified mail shall. be required) prior to any cancellation or non -renewal of insurance policies required under the Contract. Any such wording as "will endeavor" or '!but failure to mail 'such notice shall impose no obligation or liability of any kind upon the Company..." shall be deleted from the certificates. SC5.10. Delete paragraph 5.10 of the General Conditions in its entirety. SC5.12. Receipt and Application of Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. a 0 01 II I .0 0 0 0 II I 5 II I SC5.13. Delete paragraph 5.13 of the General Conditions in its entirety. SC 6 - CONTRACTOR'S RESPONSIBILITIES ' Sc 6.6 - Progress schedules. Add a new paragraph 6.6.3. immediately following paragraph 6.6.2 which shall read: An updated schedule, in the format specified in the Technical Specifications, shall be required with each submittal for progress payment by the CONTRACTOR. Failure to provide an accurate schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to CONTRACTOR. SC 6.30 CONTRACTOR'S General Warranty and Guarantee. Sc 6.30.3 - One Year Warranty. Add a new paragraph 6.30.3 immediately following paragraph 6.30.2 which shall ' read: For a period of one year, or longer if specified by special guarantees or by law, the contractor shall at the Contractor's expense make all repairs and replacements necessitated by defects in the materials, workmanship or prosecution of the Work supplied under this contract, and pay for any damage to other works or property resulting from such defects. The Contractor shall hold the Owner and Engineer harmless from any liability of any kind arising from said defects. ' The effective date for the beginning of the one year warranty period will be as decided by the Engineer and will be either the date of the Engineer's recommendation for Final Payment in accordance with Article 14.13, Final Payment ' and Acceptance, or the date of Substantial Completion as specified in Article 14.8. The Contractor shall make all repairs or replacements promptly upon receipt of ' written order for the repairs or replacements from the Owner. If the Contractor fails to make the repairs or replacements promptly, the Owner may perform the work and the Contractor and the Contractor's Surety shall be liable for all costs thereof. Sc 7 OTHER WORK ' SC 7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: SC 7.5. Should CONTRACTOR cause damage to the Work or property of any separate ' contractor (or separate party) at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor (or separate party) against CONTRACTOR, OWNER or ENGINEER, or any such person, CONTRACTOR shall promptly attempt to settle with such other separate ' contractor (or separate party) by agreement or otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, ' fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor (or I I I separate party). against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor (or separate party) cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor (or separate party) at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against them to be maintained andcontinued in•CONTRACTOR'S name for benefit in any court or before any arbitrator which seeks to impose liability on, or recover damages from OWNER or ENGINEER on account of such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor (or separate party) and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12 of the General Conditions. An extension of the Contract Time shall be the CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference of hindrance caused'by any separate contractor (or separate party). This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective contractual responsibilities. SC -8 OWNER'S RESPONSIBILITIES Sc 8.5 - Delete paragraph 8.5 of the General Conditions in it's entirety. SC 10 CHANGES IN THE WORK Add a new paragraph 10.6 immediately following paragraph 10.5 of the General Conditions to read: 10.6. Limits of Authority. CONTRACTOR shall note and abide by the following OWNER'S and ENGINEER'S limits of authority for changes in the Work which require a change in the Contract Price and Contract time. 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). 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 prior to execution of the work resulting in the price or scope change. SC 11 CHANGE OF CONTRACT PRICE. SC 11.9. Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby deleted in itsentirety and the following is substituted in its place: 11.9.3 The unit price of'an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 11.9.3.1 if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and 7 1 I 1 1 Li •0 a 0 1 I 11.9.3.2. if there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3 if CONTRACTOR believe that it has incurred additional expense as a result thereof; or ' 11.9.3.4 if OWNER believes that the quantity variation entitles OWNER to an adjustment in unit price; then 11.9.3.5 either OWNER or CONTRACTOR make a claim for and adjustment in the ' Contract Price in accordance with Article 11 of the General Conditions if the parties are unable to agree as to the effect(s) of any such variations in the quantity of Unit Price Work performed. SC -13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK. SC 13.3 Tests and Inspections. Paragraph 13.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: I I I I CJ I I 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 be witnessed 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: I I 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 L1 I 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. 1 process, will make an estimate of the value of the Work done and materials furnished in place during the previous estimate period. The CONTRACTOR shall furnish to the ENGINEER such detailed information including invoices from material suppliers as the ENGINEER may request to aid in the preparation of the progress payment estimate. All payment requests are subject to retainage as determined by the ENGINEER. Retainage shall be 10% of said estimate until 50% of the work has been fully completed. At 50% completion, further partial payments shall be made to the.contractor in full with no additional retainage unless the ENGINEER determines that the project is not progressing satisfactory, in which case additional retainage may be retained to a maximum of 10%. When the work is substantially completed, any, retained. amount may be paid to the contractor except'the OWNER shall retain an amount sufficient to cover any work not yet completed. The release of retainage will be determined by the ENGINEER. If. the OWNER or ENGINEER shall at any time fail to make the CONTRACTOR a monthly estimate at the time herein specified, such failure shall not be held to violate or void the Contract. Note, the failure of the Contractor to provide an accurate and current schedule update shall be reason to reject CONTRACTOR'S request for progress payment. ' SC 14.4. Review of Applications for Progress Payment. _ a Delete the last sentence of paragraph 14.4 of the General Conditions and replace with the following: After the required internal reviews and processing by the City of Fayetteville, the City will diligently proceed to make payment to the contractor,. in accordance with the approved payment request, within 30 days. All efforts will be made to make payments within the 30 day period, but the City cannot guarantee the 30 days maximum time. I A I I I I I Ii I Section 100 GENERAL PROJECT REQUIREMENTS: 1. Scone of Work. The work shall be as shown upon the contract drawings and defined within the contract specifications, referenced AHTD Standard Drawings and Specifications and shall include the furnishing of all materials, equipment, tools, supplies, plant, labor and others as necessary in the construction of work generally as follows: All traffic control, trenching, water lines, water service lines, water appurtenances, sewer lines, sewer manholes, sewer appurtenances and other construction required for the water and sewer improvements, Sherman Avenue and Fifth Streets as shown in the contract documents. No attempt has been made to segregate work to be performed by any trade or subcontract. Any segregation between the trades or crafts will be solely a matter for agreement between the Contractor, subcontractor, and their respective employees. The Specifications as a whole will govern the construction of the entire work The applicable provisions will govern work to be performed under each schedule 2. Referenced AHTD Standard Specifications and Drawings. The AHTD Standard Specifications contained in the Standard Specifications for Highway Construction," Edition of 1993, published by the Arkansas State Highway Commission are hereby referenced and made a part of these Specifications. These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas. The AHTD Standard Specifications, and Standard Drawings when referenced in the bid schedule shall be used as the Technical Specifications for this specific project. The Standard "Front-end" specifications, including the Advertisement for Bids, Instructions to Bidders, Bid Proposal, Contract, General Conditions, Supplemental Conditions, Performance and Payment Bonds and Section 100 - "General Project Requirements" shall be as contained and shown in this specific set of Contract documents and specifications. All conflicts and discrepancies shall be resolved in the favor of the Contract Documents and Specifications as written by the City of Fayetteville. Special'attentionis directed to paragraph 28 - Testing - of this Section 100 for additional, requirements for all tests. 3. Sequence of the Work and Contract Time. After the contract bonds and certificates of insurance have been delivered to the Owner, and the contract has been executed, the Engineer will issue a Notice To Proceed in accordance with the General Specifications which shall designate the date the contract will commence. The Contractor shall complete the project within sixty (60) calendar days from the date specified in the Notice To Proceed. The Contractor shall be responsible to submit a schedule of construction, in accordance with the General and Supplemental specifications, and Technical specification 100.05 "Schedules", which completely and clearly defines the items of work. Section 100 page.1 I The contractor (1) all (2) the Humanity • (3) the (4) all shall be required to perform the work in the following sequence: sanitary sewer improvements, water line in Sherman street and north through the Habitat for properties, water line along Fifth Street, remaining work. The Owner may require the Contractor to add to his plant, equipment, or construction forces, as well as increase the working hours, if operations fall behind the approved schedule to an extent that thticompletion of the work within the specified time appears doubtful. ' If conditions beyond the control of the Contractor justify, and the Contracting Authority approves an extension of contract tine, the Contractor shall revise the construction schedule in accordance with the approved extension. ' 4. Submittals. I 7 Li I I I -J I I I I I The following submittals shall be required for this specific project: a. Manufacturer's data for all pipe material, fittings, valves and fire hydrants. b. Schedules as noted in paragraph 5 below. 5. Schedules. Before work is started, and in accordance with the General and Supplemental Conditions, the Contractor under each schedule shall prepare a detailed schedule of all construction operations that shall not only indicate the sequence of the work, but also the time of starting and completion of each part. The schedule shall be submitted to the Engineer for his approval. For projects with a total estimated costs of up to $100,00.00 the Contractor may submit a schedule(s) based upon bar charts, narrative or Critical Path Network Diagram. For Projects with a total estimated costs in excess of $100,000.00 the Contractor shall submit the schedule(s) in the form of a Critical Path Method (CPM) Network Diagram. The contractor shall also be required to submit an updated version of the schedule(s) with each submission of a periodic payment request. 6. Lands and Rights of Ways. The necessary rights -of -way and easements for the: project and to carry out the work along the project will be provided by the City of Fayetteville except for restrictions as noted below. The contractor shall confine his construction operations to the immediate vicinity of the locations shown on the plans and shall use due care in placing construction tools, equipment, excavated materials, and pipeline materials and supplies, so as to cause the least possible damage to property and interference with traffic. The placing of such tools, equipment, and materials shall be subject to the approval of the Engineer. The City of Fayetteville will not be responsible for haul road to and from the right-of-way. The contractor shall not store any material, place any construction material or trench material, place any equipment or activities nor allow any workmen off of the defined construction area. The City of Fayetteville will not provide a materials storage area, a staging area or any other area for use by the contractor except for the actual water line and appurtenance construction. I Section 100 page 2 The contractor shall not store any materials upon the streets or within the street right-of-ways or on the utility or water line easements which will not be installed within the same day. The contractor shall not store any materials in any private yard without first furnishing to the Engineer a copy of written permission from the property owner. The Contractor shall be responsible to obtain any storage or yard areas the contractor requires. The Contractor shall be responsible for all damage to all property outside of the rights -of -way and easements, and shall make satisfactory settlement for the damage directly with the property owner and tenant involved, as their interests may require. All work performed, and all operations of the Contractor, his employees, or his subcontractors; within the limits of railroad and highway rights -of -'way shall be in conformity with the requirements, and be under the control (with the City of Fayetteville), of the railroad or highway authority owning or having jurisdiction over and control of, the right-of-way in each case. All existing fences which interfere with the construction operations shall be maintained by the Contractor until the completion of the work affected thereby, unless written- permission is obtained from the City of Fayetteville thereof, to leave an interfering fence dismantled for an agreed period of time. Where fences must be maintained across the right-of-way, adequate gates shall be installed therein. Gates shall be kept closed and locked at all times when not in use, with duplicate keys furnished to the Engineer. Upon completion of the work across any tract of land, the Contractor shall restore all fences to their original or to a better condition and quality, purchasing new material and replace all materials lost, damaged, or destroyed. Temporary gates installed by. the Contractor in any fence line may be left in. place with the permission of the property owner and tenant of the property. All materials used in fence repairs or replacements shall be approved by the Engineer. 7. Protection and Maintenance of Public and Private Property. The Contractor shall protect, shore, brace, support, and maintain all underground constructions uncovered or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, and other surface structures affected by construction operations in connection with the performance of the Contract, together with all sod and shrubs in yards and parking removedor otherwise damaged, shall be restored to their original condition as determined and approved by the Engineer. All replacements shall be made with new materials. The Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility,. regardless of location of -character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to or from. the work or any part or site thereof, whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority 'having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. 8. Maintenance of Traffic. The Contractor shall be responsible for the maintenance of traffic. All work within AHTD right-of-way shall be in conformance with the AHTD permit requirements. . Section 100 page 3 p I ' The Contractor shall be responsible to keep a minimum of one lane of traffic safely open at all times during this project - na exceptions. The contractor shall limit the trenching and pipe installation to the work which ' can be installed, inspected and properly backfilled within the working day and shall not block any private drives. Open trenches shall not be allowed to remain overnight. The contractor shall provide traffic control personnel and signage as necessary for public safety. ' 9. Underground Installations and Structures. Unless noted otherwise on the plan documents, pipelines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to the Engineer. The Engineer and Owner does not guarantee to accuracy of such information. House sewer connections, water and gas services, and other utility lines may not be indicated on the plans. The Contractor shall make every effort to locate all underground pipelines, conduits, and structures by contacting owner of underground utilities and by prospection in advance of trench excavation. The moving of planned improvements to avoid conflict with existing pipelines and other existing installations and structures in the vicinity of the work to be for the convenience of the Contractor shall bit accomplished at no additional 'done cost to the Owner. ' 10. Lines and Grades. ' All work shall be done to the lines, grades, and elevations shown on the plans. The Contractor shall keep the Engineer informed, a reasonable time in advance, of the times and places at which he wishes to work, so that reference points in accordance with General Conditions Article 4.4 may be established, and/or, ' measurement for record and payment may be made with minimum inconvenience to the Engineer and minimum delay to the Contractor. The Contractor shall furnish, without charge, competent men from his force and ' such tools, stakes, and other materials as the Eng:•.neer may require for restaking and work required to be restaked. The Contractor will not proceed with the work unless there is an accurate grade stake at a max:.mum distance of 50 feet. Any restaking or other field work deemed excessive by the Engineer will be billed to ' the contractor at a rate equal to comparable local rates (when performed by the City, or at contract Engineering rates when contracted) and deducted from the contractor's payments. ' Any work done without being properly located on grade or off alignment, may be ordered removed by the Engineer and replaced at the Contractor's expense. ' 11. Public Notification. The Contractor,on the basis of the schedule and progress, shall be required to ' notify all adjacent property owners a minimum of 48 hours in advance of occupying, storing materials on, or performing work on any right-of-way or easement. All planned interruptions of water service shall bi, coordinated with the Engineer and the Fayetteville Water Department. A minimum of 72 hours notice shall be required. Service interruptions, if and when allowed by the Engineer, shall be scheduled between 8:00 a.m. and 5:00 p.m. unless specifically approved otherwise. Section 100 page 4 II It shall be the responsibility of the Contractor to provide a minimum of 72 hours advance notice to the Engineer, Traffic Department, Police and. Fire department prior to cutting or blocking any public street or roadway. m 12. Storage of Materials. In general, the Contractor shall be responsible for the all material furnished by him and shall replace at his own expense all such material found detective in manufacture or damaged in handling. This shall include the furnishing of all material and labor required for the replacement of installed material discovered defective prior to final acceptance of the work. The Contractor shall be responsible for the delivery and distribution of materials at the site. The Contractor shall be responsible for the safe storage of materials furnished by or to him and accepted by him, and intended for the work, until it has been incorporated into the completed and accepted project. All materials ishall be stored in strict conformance to the manufacturer's recommendations. Materials shall be stored so as to ensure the preservation of their quality and fitness for the Work. When directed by the Engineer, the materials shall be placed upon a wooden platform or other hard clean surfaces and not on the ground, and shall be placed under cover when so directed. Stored materials shall not be located so as to impede work or inspections. Pipe and accessories shall be loaded and unloaded by lifting with hoists or other equipment so as to avoid shock and damage. Under no circumstances shall material be dropped or dumped. Pipe handled on skidways shall not be skidded or rolled against pipe previously unloaded onto the ground. In distributing pipe material at the site, each piece shall be unloaded opposite or near the place it is to be laid in the trench. The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign material at all times. Pipe shall be. so handled that the coating and lining will not be damaged. However, if any part of the coating or lining is damaged,- the repair or replacement shall be made at the Contractor's expense in a manner satisfactory to the Engineer. NOTE: The City of Fayetteville will not provide a materials storage area, a staging area or any other area for use by the contractor except for the actual waterline and appurtenance construction. The contractor shall not store any materials upon' the streets or within the street right-of-ways or upon the water line and/or utility easements which will not be installed within the same day placed at the %street. The contractor shall not store any materials in any private yard without first furnishing to the Engineer a copy of written permission from the property owner. The Contractor shall be responsible to obtain any storage or yard areas the contractor requires. II 13. Saturdav,,Sunday, Holiday and Night Work. Refer to paragraph 6.3 of the General Conditions. _ All work shall be performed during the normal work hours of the City of Fayetteville Engineering Office, 8:00 a.m. - 5:00 p.m., Monday through Friday. Except in an emergency to protect public health, safety or welfare or to protect existing work,no overtime work, no work on Saturday or Sunday, nor work on any legal holiday shall be permitted without specific written pre -authorization by the Engineer. Section 100 page 5 I I I I I I I L F I I I I I I I I I 14. Monthly Estimates and Payments. Refer to Article 14 of the General Conditions and the associated Supplemental Conditions. 15. Connections to existing Facilities. Unless otherwise indicated or specified, the Contractor shall provide for all necessary connections to existing utilities such as water, sewer, telephone and electric. In each case, the Contractor shall receive advance permission from utility owner prior to providing for connections. Contractor shall protect facilities against deleterious substances and da:iages. Connections to existing facilities which are it. service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuous (around the clock) as necessary to complete the connections in minimum time. Operation of values or other appurtenances on existing utilities, when required, shall be by or under the direct supervision of the owning utility. All connections to the water and/or sewer facilities owned by the City of Fayetteville shall be coordinated with and shall be inspected by the City of Fayetteville's Engineering Division and the Water/Sewer Department. 16. Temporary Facilities. (a) Utilities. All water, electricity and other utility services required by the Contractor for operation of Contractor's plant or equipment, or for any other use by the Contractor to conduct or to expedite the work shalt. be provided by the Contractor at his sole cost and expense. The Contractor shetll arrange for service at his discretion from the appropriate utility company, and shall assume liability for all charges until the improvements have been accepted by the Owner. When applicable, the Owner will request the transfer of: the service on that date, and assume the liability for charges incurred by the Owner from that date forward. Water to be used to test, flush and place the new water line in service shall be provided by the City of Fayetteville. (b) Sanitary Facilities. The Contractor shall furnish temporary sanitary facilities at the site for the needs of the Construction workers and others performing work or furnishing services on the project. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured f::om public view to the greatest practical extent. If toilets of the chemically -treated type are used, at least one toilet will be furnished for each 20 workers. The Contractor shall enforce the use of such sanitary facilities by all personnel at the site. 17. Operation and Maintenance Data and Manuals. Adequate operation and maintenance information shEkll be supplied to the Engineer for all equipment requiring maintenance or other special attention. The equipment supplier will prepare an operation and maintenance manual for each type of equipment indicated herein. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed in the following schedule. I Section 100 page 6 I Information shall be required for: All valves 6 inch and larger, All fire hydrants. 18. Tree and plant protection. No trees or cultured plants shall be cut, trimmed or removed unless clearly shown on the plans or marked by the Engineer. All trees and other vegetation which are so marked and must be removed to perform the work, shall be removed and disposed of by the Contractor. No on -site burning shall be permitted. All protection of trees, trimming and repair oftrees and plants shall be performed by qualified nurserymen or horticulturists in accordance with the City of Fayetteville's Ordinance Chapter 162 "TREE PROTECTION AND PRESERVATION". 19. Security.. The contractor shall be responsible for protection of the site, and all work, materials, equipment and existing facilities thereon against vandals and other unauthorized persons. Security measures shall be at least equal to those usually provided by the Owner to protect his existing facilities during normal operation, but shall also 4nclude such additional security fencing, lighting, barricades, watchman's services and other measures as required to protect the site. No claim shall be made against the Owner by reason of any act of an employee or trespasser, and the Contractor shall make good all damage to Owner's property resulting from Contractor's failure to provide adequate security measures. 20. Safety. 11 The Contractor is further notified and reminded of the presence of children and pedestrians in: the general vicinity of the project. The Contractor; shall take all measures necessary and as required by the General Conditions (Article 6) to protect the General Public, animals and property from harm due to the construction activities including the project site. II 21. Parking. . :1 The contractor shall provide and maintain suitable parking areas for the use of the construction workers and others performing work or furnishing services in connection with the project, as required, to avoid any need of parking personal vehicles where'they may interfere with the owner's operations or construction activities, or normal traffic operation.on public and/or private roads. 22. Dust Control. The Contractorshall take all reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept. moist with water or application of an approved%chemical dust suppressant. Dusty materials in piles or transit shall be covered to prevent blowing. Buildings or operating facilities which may be adversely affected by dust shallt. be adequately protected. Existing or new machinery, motors, instrument panels or similar equipment shall- be protected by suitable dust screens which include adequate ventilation features. Section 100 page 7 4 I 23. Temporary Drainage and Erosion Control Provisions. The Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in the performance of the work. Drainage facilities shall be adequate to prevent damage to the work, the site and adjacent properties. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry increased runoff attributable to the Contractor's operations. Temporary dikes shall be constructed as necessary to divert increased runoff from entering adjacent properties (except in natural channels or storm sewers), to protect the Owner's property, facilities and the work, and to direct water into natural channels or conduits. Retention shall be provided I as necessary to prevent downstream flooding. The Contractor shall prevent the erosion of soil on the site and adjacent property resulting from the construction activit:ies. Effective measures shall be initiated prior to the commencement of clearinc;, grading, excavation or other operations that will disturb the natural vegetaLtion or protection. Erosion measures may include hay bales, silt fencing, jute mat, fast growing vegetation, and ponds. Work shall be scheduled on exposed areas subject to erosion for the shortest possible time, and natural vegetation shall be preserved to the greatest extent possible. Temporary storage areas, construction building and access shall be located to minimize erosion. I I L I C I I I I The Contractor shall be responsible for application and acquisition of all necessary permits, including coverage under the Federal/State NSPDE Regulations for Storm Water Management and the City of Payetteville's Physical Alteration of Land (Grading permit) when applicable. Unless specifically included as separate bid item4;s), all Work necessary for the control of storm water runoff shall be considered as subsidiary to the project and no separate payment shall be made to the Contractor. 24. Pollution Control. The Contractor shall apply with all requirements of the General Conditions and all Federal, State and local laws and regulations governing pollution. Additionally, the Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment debris and other substances resulting from construction activities. No sediment, debris or other substances shall be permitted to enter any sanitary sewers, storm sewer, nor any drain or watercourse. 25. Clean up during construction. During construction, the Contractor shall keep neat and workmen like condition at all times. materials shall be stored and protected in an activities. As soon as practicable, the are back£illed, and the entire area maintained in 26. Access. a the construction area in a clean, Pipe, equipment, and all other area away from the construction around all structures shall be a neat condition. The Contractor shall provide for safe and ready access to the construction activities during working hours or as requested to authorized representatives of the City of Fayetteville and other State or Federal Agencies as required. I Section 100 page 8 I 27. Construction Observation Inspection. Construction observation and inspection shall be by the City of Fayetteville Engineering Division. The Contractor shall note the requirements of a detailed. schedule and note all requirements for the scheduling of tests and test requirements as noted in Technical Specification section 100.28 TESTING. The Engineer shall have no responsibility to the Contractor or subcontractor for the supervision of personnel or layout of work. . I. Prior to finalacceptance by the City, the project shall be subject to a final inspection by designated representatives of the City of Fayetteville and the Contractor. 1 28. Testing. The Contractor shall be responsible for 'the cost of all equipment; materials, labor, testing procedures and lab work for all tests as outlined in these specifications. The City of Fayetteville shall have the right to approve or reject the contractor's proposed lab based upon sound Engineering principles. Copies of all testing reports must be forwarded directly to the Engineer by the testing laboratory. All field tests required for a project shall be witnessed by the City Engineering Division representatives in the presence of the Engineer and Contractor, or their approved representatives. All tests require a minimum notice of 24 hours. The 24 hours is a minimum only, the exact time: for testing and required inspections shall be determined by the City of Fayetteville Engineering Office. 29. Measurement and Payment. It is the intent of the proposal and the specifications that the total bid for each schedule, as submitted, shall cover all work shown on the contract drawings and required by the Specifications and other Contract Documents. All costs in connection with the work including furnishing of all materials, equipment, supplies, and appurtenances; providing all construction plant, equipment, and tools; and performing of all necessary labor to fully complete the work, shall be included in* the unit and lump sum prices named in the proposal. No item of work that is required by the Contract Documents for the proper and successful completion of .the Contract will be paid for outside of or in addition to the prices submitted in the proposal. All•work not specifically set forth in the proposal as a pay item shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices named in the proposal. The method of measurement and basis of payment for, each item as listed in the proposal shall be as stipulated under the item of Work or as specified in Section 110, Measurement and Payment. 30. Explosive's. Explosives shall not be allowed for excavation or any other purpose unless a detailed plan for such use is approved in writing by the Engineer, proof of blasting insurance is submitted, and experienced personnel licensed in the State of Arkansas for blasting is utilized. The plan must include as a minimum a pre - blast survey and the utilization of qualified seismographic procedures. Section 100 page 9 I ' 31. Excavation Safety. The current edition of Occupational Safety and Hea:Lth Administration Standard for Excavation and Trench Safety Systems, 29 CFR 19;6, Subpart P. is specifically ' incorporated and made a part of these specificat:Lons and contract documents as required by Arkansas Act 291 of the 79th General Assembly of 1993. The Contractor shall be solely responsible for the implementation of these requirements. • A copy of the OSHA regulations is included in this set of specifications as • Appendix A. ' 32. Utility Mix - Slurry mix "digable" backfill aka low strength flowable fill. Where shown on the plans, a "digable" backfill, also called utility mix, shall be used. The utility mix shall be a low strength concrete mixture that is ' readily digable with standard equipment. The mixture shall be in the ratio of 3400 lbs sand: 150 lbs cement: 100 lbs flyash. The mixture shall be plant mixed and shall have a compressive strength of 300 psi ' at 28 days. The design of the mix may be modifiet if approved in writing by the Engineer. Normal strength concrete shall not be used for utility mix. ' 33. "Hillside" fill. "Hillside" fill material, where shown on the plan;i or in the bid schedule, shall be cherty clay material locally referred to as "hillside". All "hillside" material shall be supplied from off -site location and shall be subject to approval by the Engineer. Compaction of "hills:de" shall be as shown on the drawings or as specified int the technical specifications. 34. Disposal of waste materials. The Contractor shall be responsible to disposal of all waste materials of all mate rials and conditions, including excavation not specified for reuse as backfill, in compliance with all Federal, State and City of Fayetteville laws, rules and regulations. The Engineer shall have the right to require the Contractor to document the location of the disposal area and provide proof of compliance with all Federal, State and City of Fayetteville laws, rules and regulations for disposal of the materials. I n L C End of Section 100 - General Project Requirements: I Section 100 page 10 I Section 110 METHODS OF MEASUREMENT AND PAYMENT •A. GENERAL - 8 Methods of measurement and payment as set out in the Specifications covering the various items 'of construction are hereby clarified and superseded as set out herein. Wherever they are not clarified or superseded herein, methods of payment as provided in.the applicable section of the Specifications shall govern. If an item is not defined then that specific item shall be considered subsidiary to the project and no additional payment shall be made for such subsidiary item. Payment for all work under this contract shall be made at the unit and lump sum prices bid under the various items of the Bidas hereinafter set out. Bid Item 1 :Six (6) inch Water Line Pipe and Bid Item 2 - 'Two (2) inch Water Line Pipe Payment for water line pipe. shall be made at the unit prices bid per linear foot for the various'types and sizes of pipe and the various depths of trench required complete in place. The prices bid shall be full compensation for clearing, temporary fencing where necessary, right of way preparation, surface removal, disposal of waste materials, stripping and stockpiling topsoil where required, trenching, disposal of trenched materials, furnishing and laying pipe, pipe bedding material, concrete thrust anchors where required with the exception of the special details defined in other bid items, polyethylene encasement, pipe detection tape, testing, sterilization, cleanup, repairing fences, seeding, fertilizing, mulching, and every other item required for a complete installation as specified with the following specific exceptions: (a) the class 7 aggregate backfill under paved areas shall be paid for separately under unit bid item 3 below, (b) compacted "Hillside" backfill in the access/utility easement area shall be paid for separately under unit bid item 28 below, (c) the final street repair shall be paid for separately under unit bid items 32 and 33 below, (d) the driveway repairs/replacements shall be paid for under bid item 34 and 35 below, (e) the sidewalk replacement shall be paid for under bid item 36 below, (f) special thrust blocking at Huntsville Road shall be paid for under bid item 21 below, (g) special water line construction to go mains shall be paid for under bid items 11, 12 (h) concrete encasement for the ditch cros under bid item 19, (i) capkand plug existing 2 inch water service shall be paid for separately under bid under and/or over"sanitary sewer and 13 below. sing shall be paid for separately line after the new line is in item 20, (j) the bore and encasement, if required, shall be paid for separately under bid item 22. Measurement for water line pipe will be based on the total length of the line, including pipe required for ties to the existing system, with no • deduction made for valves or fittings. 1 I I I I ' Measurement shall be made with a 100 foot tape along the centerline of the pipeline after the trench has been backflilled. The measured footage installed will be reflected in a daily written report, a copy of which will be furnished to the Contractor. r f ' Note: The Engineer may withhold payment for work not completed in addition to the contract retainage. The amounts which may be withheld shall be the estimated cost to complete the work, i.e., for testing, cleanup, seeding, fertilizing and mulching, etc. incomplete at the time of preparation of the estimate. Bid Item 3 - Class 7 aggregate backfill I I I U I I I I CI I I I I Payment for class 7 aggregate backfill will be made at the unit price bid per ton for compacted class 7 aggregate as provided. The unit price bid shall include the furnishing, compaction, testing and maintenance of class 7 aggregate backfill in all trenches in thou roadway as shown on the plans and as specified. Maintenance of the class 7 base material until the time that the final street repairs are made is :subsidiary and included in this unit bid item. Measurement shall be based upon verified trick weight tickets furnished by the contractor to the engineer for quantities up to the theoretical limits of the excavation required by the drawings and specifications. No payment will be allowed for trench widths or depths in excess of the requirements of the drawings and specifications unless approved in writing in advance by the engineer as necessitated by field conflicts. Bid Item 4 - Compact Ductile Iron Fittings Payment for compact ductile iron fittings will be made at the unit price bid per pound under this item for the various types of ductile iron fittings, as provided. The unit price biii shall include the furnishing and installation of the fittings, and all other related work not specifically compensated for under other items of the Bid. The weight of the fittings 12 inches in diameter and smaller will be based on standard AWWA C153/A21.53 weight tables for nakad, compact mechanical joint fittings. The price bid shall include furnishing and installing the fittings and the required concrete reaction backing in accordance with the reaction detail schedule set out on the Plans. Bid Item 5 and 8 - Gate Valves Payment for gate valves shall be made at the unit price bid for each of the various sizes of valves, complete in place. The price shall include furnishing and installing valves, valve :boxes, concrete pad at ground surface, valve operator extension stems (if required), and every other item required for a complete installation as specified. Bid Item 6 - Tapping Sleeve and Valve Assembly Payment for tapping sleeve and valve shall be made at the unit price bid for each assembly, complete in place. The price shall include furnishing and installing tapping sleeve and valve, valve box, concrete pad at ground surface, valve operator extension stem (if required), concrete thrust blocking and every other item required for a complete installation as specified with the sole exception of the special thrust blocking required by detail 1/56. bid item 21. LT Bid Item 7 - Two inch Flush/test assemblies. Payment for two inch flush/test assemblies shall be made at the unit price bid for each of the required installations, including all materials, taps, installation, trenching, backfilling of non -paved areas, cleanup, seeding, and every other item of work required for a complete installation with the specific, exceptions of: (a) two (2) inch water line pipe from the six (6) inch main to the assembly will be paid for separately under unit bid item 2 above. (b) the class 7 aggregate backfill under paved areas shall be paid for separately under unit bid item 3, (c) the final street repair shall be paid for separately under unit bid items 32 and 33. - Bid Item 9 - One (1) inch tap. Payment for the one inch tap to allow the disinfection of the water line shall be made at the unit price bid for each of the required installations, including all materials, installation, trenching, backfilling of non -paved areas, cleanup, seeding, and every other item of work required for a complete installation with the specific exceptions of: (a) the class 7 aggregate backfill under paved areas shall be paid for separately under unit bid item 3, (b) the final street repair shall be paid for separately under unit bid items 32 and 33. Bid.Item'10 - Two (2) inch tap, two (2) inch DR13 5 water line reconnection and re-establishing the existing two inch water line on Sherman Payment for two inch tap„ two inch water line and to reconnect and re- • establish the existing two inch water line running east -west to the new six inch water main shall be made at the unit price bid for the required installations. The bid shall include all materials, installation, trenching, backfilling of non -paved areas, cleanup, seeding, and every other item of work required for a complete installation with the specific exceptions of: (a) the class 7 aggregate backfill under paved areas shall be paid for separately under unit bid item 3, (b) the final street repair shall be paid for separately under unit bid items 32 and 33, (c) the two inch valve shall be paid under bid item 8. Bid Item 11 and 12 - Special water line construction to go under sewer mains Payment for this special construction to go under the existing sewer line .at Happy Hollow Road, and the proposed sewer line near the intersections • of Sherman and Fifth in accordance with the detail shall be at the price bid for each installation. This lump sum unit price shall be full • compensation for the furnishing and installation of all necessary fittings,: restraints, solid sleeves, 6 inch ductile iron pipe (DIP), concrete, anchor including reinforcing steel and all other related work required for a complete installation with the specific exceptions of: (a) The,tapping sleeve and valve at Happy Hollow Road shall be paid for separately under bid item 6, 91 I I I I U I I I I I I CI L I I (b) the class 7 aggregate backfill under paved areas shall be paid for separately under unit bid item 3, (c) the final street repair shall be paid for separately under unit bid items 32 and 33. Bid Item 13 - Special water line construction to go over sewer mains. Payment for this special construction to go over the existing sanitary sewer line in Fifth Street near Sherman in accordance with the detail shall be at the price bid for each installation. This lump sum unit price shall be full compensation for the furnishing and installation of all necessary materials and labor including the furnishing and installation of the 1/4 inch smooth wall steel encasement pipe, the stainless steel spacers (Cascade Water or equal), concrete, grouting the ends of the encasement pipe and all other related work required for a complete installation with the specific exceptions of: (a) the class 7 aggregate backfill under paved areas shall be paid for separately under unit bid item 3, (b) the final street repair shall be paid for separately under unit bid items 32 and 33. Payment for the connection of existing services, Types "A" (short) and "B" (long) to the new water lines and the new service line for the double meter set shall be made at the unit price bid for each type as defined on the drawings. The price bid shall include all excavation of existing lines, cutting existing lines, removal and replacement of existing fittings as required, making connection of new water service line from new water main to existing meter, new copper service line and polywrap, backfilling of non -paved areas, cleanup, seeding, and every other item of work required for a complete installation with the specific exceptions of: (a) the class 7 aggregate backfill under paved areas shall be paid for separately under unit bid item 3, (b) the final street repair shall be paid for separately under unit bid items 32 and 33. Bid Item 18 - Fire Hydrant Assemblies Payment for fire hydrant assemblies will be made at the unit price bid for each installation complete in place. The bid price shall include furnishing and installation of the fire hydrant, fire hydrant barrel extension, 6 inch ductile iron pipe, polyethylene encasement, main line fitting, boss, or outlet, auxiliary gate valve, valve box and box extension, if required. All fittings, locked hydrant adapters, gravel drain, concrete collar, concrete support and reaction blocking, backfill (non -paved areas) and clean-up will be included in this pay item. The only items excluded from the complete and final installation of the fire hydrant assemblies are: (a) the class 7 aggregate backfill used in paved areas shall be paid for separately under unit bid item 3, (b) the final street repair shall be paid for separately under unit bid items 32 and 33. n Bid Item 19 Concrete for water line encasement at ditch. Payment for the concrete encasement for the water line crossing the ditch shall be made at the lump sum unit bid. The price bid shall be full compensation for all material and installation for the concrete encasement completeinplace. Bid Item 20 - Cap and plug existing water line. Payment to cap and plug the existing water line after the new line is in service will be made at the unit lump sum price bid. The bid price shall include furnishing all materials and installation necessary to securely seal the existing lines. Bid Item 21 - Special reinforced thrust blocking, Sherman at Huntsville. • Payment for the special thrust blocking in accordance with plan detail 1/56 shall be made at the unit lump sum price bid. The bid price shall include furnishing all excavation, materials, forms and installation necessary to provide the reinforced thrust blocking as shown on the plans. Bid Item 22 - Bore and encasement per detail 3/S6. This item is not guaranteed. Payment for the bore and encasement, if required by the Engineer, shall be made at the unit price bid per foot of installation. The unit price bid shall include the furnishing and installation of the 1/4 inch smooth wall steel encasement pipe, the stainless steel spacer (Cascade Water or equal), grouting the ends of the encasement pipe and all other related work not specifically compensated for under other items of the Bid. Bid Item 23 -, Eight (8) inch SDR 26 Sewer Line Pipe Payment for sewer line pipe shall be made at the unit prices bid per linear foot for the pipe, complete in place. The prices bid shall be full compensation for clearing, temporary fencing where necessary, right of way preparation, surface removal, disposal of waste materials, stripping and stockpiling topsoil where required, trenching, dewatering of trench, disposalof trenched materials, furnishing and laying pipe, pipe bedding material, concrete thrust anchors including reinforcing steel where required and shown on the plans, polyethylene encasement, pipe detection tape, testing, cleanup, repairing fences, seeding, fertilizing, mulching, and every other item required for a complete installation as specified with the, following specific exceptions: (a) the class 7 aggregate backfill under paved areas shall be paid for separately under unit bid item 3,' (b) compacted "Hillside" backfill in the access/utility easement area shall be paid for separately under unit bid item 28, (c) the sanitary sewer wye and 4 inch diameter stubout shall be paid for separately under bid item 29, (d) the core drilled connection of the new 8 inch sanitary sewer to the existing manhole shall be paid for separately under bid item 26, (e) the final street repair shall be paid for separately -under unit bid items 32 and 33. - .. Measurement for sewer line pipe will be based on the actual length of the line measured in place. The measured footage as installed will be 5 reflected in a daily written report, a copy of which will be furnished to the Contractor. Note: The Engineer may withhold payment for work not completed in addition to the contract retainage. The amounts which may be withheld shall be the estimated cost to complete the work, i.e., for testing, cleanup, seeding, fertilizing and mulching, etc. incomplete at the time of preparation of the estimate. Bid Item 24 - Four ft. (4') Diameter (interior) Cast -in -Place Manholes six (6) feet depth I I Payment for 4 foot diameter cast -in -place manholes six feet depth as measured from the rim to the invert shall be made at the lump sum price bid. The price bid shall be full compensation for every item of work to complete the manholes as shown on the Plans and as specified, including excavation, forming of manhole base and barrel, concrete, reinforcing steel, concrete invert, standard manhole ring and lid as specified, asphalt emulsion exterior coating, backfill, and every other item required for a complete installation as shown on the Plans and as specified. Measurement shall be per each cast-in-placa manhole completed. Bid Item 25 - 4' Diameter Manhole Barrel Extension for additional depth, 6 - 8 feet total depth ( 0 - 2 feet additional depthL ' Payment for 4 foot diameter manhole barrel extensions for manholes 6 to 8 feet in total depth shall be made at the: unit price bid per vertical linear foot. The price bid shall be full compensation for every item of work to complete the manhole barrel extensions as shown on the Plans and ' as specified, including forming of 4 foct barrel, concrete, exterior waterproofing, backfill and every other item required for a complete installation as shown on the Plans and specified. I I I I Li I Measurement shall be by the vertical foot •:o the nearest 0.1 foot from 6 to 8 feet total depth from the manhole rim. Bid Item 26 - Connection of new 8 inch sewer to existing manhole. Payment for the connection of the new 8 inch sewer to the existing manhole in Fifth Street shall be made at the lurip sum bid price. Such price shall be full compensation for the connection complete in place including core drilling, waterstop gasket, concrete, grout, water/dye testing and every other item required for a complete installation as specified and detailed with the following specific excep�:ions: (a) the class 7 aggregate backfill under paved areas shall be paid for separately under unit bid item 3, (b) surface removal, excavation, disposal of: trench materials.... shall be paid for under the unit price of 8 inch sanitary sewer pipe line bid item 23, (c) the final street repair shall be paid for separately under unit bid items 32 and 33. Bid Item 27 - "Rock" excavation. Payment for the excavation of "rock" as defined in section 320 of the specifications shall be made at the unit p;:ice bid per cubic yard. Such price shall be full compensation for the excavation and proper disposal of "ROCK" as defined in section 320. Bid Item 28 - "Hillside" backfill Payment for "hillside".backfill will be made at the unit price bid per cubic yard compacted in place. The unit price bid shall include the furnishing, compaction and testing of the hillside backfill in all trenches in the access/utility easement as shown on the plans and as specified. Measurement shall be based upon verified quantities up to the theoretical limits of the excavation required by the drawings and specifications. No payment will be allowed for trench widths or depths in excess of the requirements of the drawings and specifications unless approved in writing in advance by the engineer. Bid Item 29 - Sanitary sewer tap, wye and stubout from the new sewer line Payment for the sanitary sewer tap, wye and stubout shall be made at the lump sum price bid. The price bid shall include all excavation, furnishing the wye and connection, bend, two (2) feet of 4 inch diameter sanitary sewer service -line, impervious cap on the end of the stub out, 4x4 treated timber marker post, backfilling of non -paved areas, cleanup, seeding, and every other item of work required for a complete installation. Bid Item 30 - Six inch diameter Polyethylene underdrain • Payment for the six (6) inch polyethylene underdrain shall be made at the unit prices bid per linear foot for the underdrain complete in place. The • prices bid shall be full compensation for clearing, disposal, temporary fencing where necessary,, right of way preparation, surface removal, • stripping and stockpiling topsoil. where required, trenching, furnishing and laying the pipe underdrain system including pipe, geotextile and aggregate, cleanup, repairing fences, seeding and/or sodding, fertilizing, mulching, and every other item required for a complete installation as specified with the specific exceptions of: a) the class 7 aggregate backfill used in paved areas shall be paid for separately under unit bid item 3, (b) the final street repair shall be paid for separately under bid items 32 and 33. (c) the core drilled connection shall be made under the unit price bid for the connect unit bid item 31. Bid Item 31 Connection of underdrain to existing storm drain Payment for the connection of the 6 inch underdrain to the existing storm drain shall be made at the unit price bid per lump sum for the underdrain connection complete in place. The prices bid shall be full compensation for surface removal, stripping and stockpiling topsoil where required, trenching, disposal, core drilling, connection and grout, cleanup, seeding and/or sodding, fertilizing, mulching, and every other item required for a complete installation as specified with the specific exceptions of: a) the class 7 aggregate backfill used in paved areas shall be paid for separately under unit bid item 3, - - (b) the 'final street repair shall be paid for separately under unit bid items 32 and 33. 1 7 I Bid Item 32 - Final Asphalt Street Repair L I I I I I I 7 El I Measurement shall be by the nearest 0.1 square yard of final repair ' product in place. Bid Item 35 Four inch thickness aggregate driveway replacement/repair. ' Payment for the four inch thickness segregate concrete driveway repair shall be made at the unit price bid per square yard. The unit price bid shall be full compensation for replacement and repair and exact match of the existing aggregate drive and as detailed on the contract drawings, ' furnishing and placement of reinforcing, concrete, joint materials, all forming, labor, equipment, tools and any other items required for a complete installation for concrete driveway replacement/repairs as detailed on the plans and defined in the technical specifications. ' Measurement shall be by the nearest 0.1 square yard of final repair product in place. Payment for the final asphalt street repair shall be made at the unit price bid per square yard. The unit price bid shall be full compensation for the removal and disposal of the base material to the depth required for the repairs as detailed on the contract drawings, furnishing and placement of concrete, prime, hot -mix asphalt concrete (HMAC), all forming, labor, equipment, tools and any other items required for a complete installation for asphalt street repairs as detailed on the plans and defined in the technical specifications. Measurement shall be by the nearest 0.1 square yard of final repair product in place. Bid Item 33 - Final Concrete Street Repair Payment for the final concrete street repair shall be made at the unit price bid per square yard. The unit price bid shall be full compensation for the removal and disposal of the base material to the depth required for the repairs as detailed on the cont::act drawings, furnishing and placement of concrete, all forming, labor, equipment, tools and any other items required for a complete installation for concrete street repairs as detailed on the plans and defined in the technical specifications. Measurement shall be by the nearest 0.1 square yard of final repair product in place. Bid Item 34 - Four inch thickness driveway replacement/repair. Payment for the four inch thickness concrete driveway repair shall be made at the unit price bid per square yard. The unit price bid shall be full compensation for replacement and repair of existing drives as detailed on the contract drawings, furnishing and placement of reinforcing, concrete, joint materials, all forming, labor, equipment, tools and any other items required for a complete installation for concrete driveway replacement/repairs as detailed on the plans and defined in the technical specifications. ' Bid Item 36 - Four inch thickness sidewalk replacement/repair. Payment for the four inch thickness concrete: sidewalk repair shall be made ' at the unit price bid per square yard. The unit price bid shall be full compensation for replacement and repair of existing drives as detailed on the contract drawings, furnishing and placement of reinforcing, concrete, joint materials, all forming, labor, equipment, tools and any other items required for a complete installation for concrete driveway H replacement/repairs as detailed on the plans and defined in the technical specifications. - Measurement shall be by the nearest 0.1 square yard of final repair product; in place. Bid Item 37 Two (2) inch caliber replacement pin -oak trees. This item is not guaranteed. If the item is required by the engineer the payment for the two (2) inch caliber replacement pin -oak trees shall be made at the unit price bid per each tree. The unit price bid shall be full compensation for furnishing a healthy, quality tree installed to the satisfaction of the engineer. This item 'is not guaranteed and is depended upon the ability of Habitat for Humanity to have the easements cleared• and shaped with volunteer labor. If this item is included in this contract then the following shall apply: Payment under this item shall be made in accordance with unit price bid per acre'. The price bid shall be full compensation clearing, grubbing, proper disposal of cleared materials, shaping, seeding and restoration<of the utility and access/utility easements as shown on the plans and/or specified elsewhere. Additional topsoil, if required, will be a separate pay item. Payment will be to the nearest 0.1 acre. Bid Item 39 Erosion Control i Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for erosion control .measures! required to prevent erosion of materials onto the City Streets or onto private property as shown on the plans and/or specified elsewhere. Bid Item 40 Mobilization and storage Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for all mobilization, storage and field incidentals. Payment under this item will be made as a percentage of project completion..- . t Bid Item 41 -, Trench or Excavation Safety System Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for trench or excavation safety system requirements in accordance with Act 291 of the 1993 Arkansas General Assembly. Payment under this item will not be made until project is completed, accepted, and the Contractor certifies that he has met all requirements as set out in said Act 291. End of Section 110 Measurement and Payment 9 Section 120 TESTING 1. General. The Contractor shall be responsible for and shall pay all any inspection or testing required in connection with the acceptance of materials or equipment incorporated in the in Article 13 of the General Conditions and Article SC -13 Conditions and paragraph 28 of Section 100, General P Testing. 2. Certificates of Compliance. costs associated with Owner's or Engineer's work, as provided for of the Supplementary roject Requirements - The Contractor shall be responsible for furnish to the Engineer materials and equipment manufacturers' duly sworn certificates of compliance with all requirements and provisions of applicable standards such as, but not limited to, AWWA, ASTM, ANSI, AASHTO, AHTD or others for all materials and equipment delivered to this project. The City of Fayetteville shall have the right to approve or reject the contractor's proposed lab based upon sound Engineering principles. Copies of all testing reports must be forwarded directly to the Engineer by the testing laboratory. 3. Specific Requirements. Specific requirements for testing and certificates of compliance are set forth in the Technical Specifications for each item of work. All field tests required for a project shall be witnessed by the City Engineering Division representatives in the presence of the Engineer and Contractor, or their approved representatives. All tests require a minimum notice of 24 hours. The 24 hours is a minimum only, the exact time for testing and required inspections shall be determined by the City of Fayetteville Engineering Office. 1 I Section 140 SCHEDULES, PROGRESS MEETINGS AND PUBLIC NOTICE 1. General. The Contractor -,shall utilize and maintain through project completion, scheduling 1 of all phases of work required for completion of the project within the contract time. Such. schedule shall follow the requirements of Article 6 of the General Conditions and Article SC -6 of the Supplementary Conditions, Paragraphs 3 and 5 of Technical Specification 100, General Project Requirements, and as specified herein. The schedule, project status and progress of the work will be reviewed at a weekly progress meeting.. 2. Schedule. _ 1 The Contractor shall show all various phases of work to be performed, submittals, materials, and equipment, manpower, skills, and equipment required, and completion dates of various phases of the work to be performed for the timely and proper completion of the project. The schedule must be in such detail that the Contractor And Engineer can readily determine the work as planned and be able to notify affected or adjacent property owners of the dates and times of work on or adjacent to their property. 3. Weekly Progress Meetings. The Contractor's superintendent and the Engineer's Representative and others identified as needing to participate shall attend a weekly progress meeting scheduled by the Engineer or his representative. The status of the project, schedule and work to be accomplished in the next week will be reviewed and discussed. The location of the meeting will be as set by the Engineer at a time agreeable with the Contractor and the Engineer. 4. Public Notice. The Contractor; on the basis of the schedule and progress meetings shall notify the appropriate property owners of trenching, pipe laying, cleanup or other activities scheduled to occur on, or adjacent to, their property during the forth coming week. The minimum acceptable notification of property owners will be 48 hours in advance of occupying, storing materials on, or performing work on any right-of-way or easement. It shall be the responsibility of the Contractor to provide a minimum of 72 hours advance notice to the Engineer, Traffic Department, Police and Fire Department prior to cutting or blocking any public street or roadway. All planned interruptions of water service shall be coordinated with the Engineer and the Fayetteville Water Department. A minimum of 72 hours notice shall be required. Service interruptions shall require advance approval from the Engineer and if- allowed by the Engineer, shall be scheduled between 8:00 a.m. and 5:00 p.m. unless specifically approved otherwise.. Section 300 CRUSHED STONE BASE 1. General. The work to be included under this section of the Specifications shall consist II of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the completion of crushed stone base in areas which are presently paved or which are to be paved, as shown on the contract plans and herein specified. 2. Materials and execution. All crushed stone base shall be Class 7 Aggregate Base Course as specified in Table 303-1,.page 161, in section 303 AGGREGATE BASE COURSE, of the "Standard Specifications for HIGHWAY CONSTRUCTION," Edition of 1993, published by the Arkansas State Highway and -Transportation Department. Crushed stone :base course shall be compacted to a minimum of 95 percent of Modified Proctor Density (ASTM D1557-78). 3. Testing. All Testing, gradation, plasticity, modified proctor standards and in -place II densities of crushed stone base course shall be performed by a qualified lab in accordance with Article 13 of the General Conditions, Article SC -13 of the Supplementary Conditions and paragraph 27 of Section 100 GENERAL PROJECT REQUIREMENTS. Each paved crossing requiring crushed stone base course shall require a minimum of one test report documenting an in -place density of at least 95 percent of Modified Proctor Density. For pipelines parallel in the street, one density test shall be taken per 250 feet or portion thereof. 4. Measurement and Payment. Crushed stone base course shall be measured and paid by the unit as established in the Bid schedule. If no separate bid or pay item exists for crushed stone base course then all crushed stone base course will be subsidiary and no separate payment will be made. P ' Section 310 PIPE BEDDING MATERIAL 1. General. The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the completion of pipe bedding material as shown on the contract plans and herein specified. 2. Materials and execution. All pipe bedding materials shall be: (1) ASTM D2774 - maximum particle size 1/2 inch. Contractor shall furnish laboratory data documenting compliance with ASTM D2774 requirements prior to placing of bedding material, or (2) "Grit" as locally manufactured from crushed limestone. All "grit" material shall be durable crushed aggregate with a maximum particle size of 5/16 inch and a maximum percentage passing the no. 200 sieve of 10 percent, or (3) Sand... Sand shall consist of clean, hard, durable uncoated grains free from lumps, clay and organic materials. All (100%) of "sand" shall pass a no. 8 sieve. 3. Execution.. All pipe, regardless of,type and material composition of the pipe, shall be bedded with a minimum of 6 inches below the pipe to a minimum of 6 inches over the top of the pipe the full width of the trench. Bedding material shall be placed in maximum of 6 inch lifts and compacted with mechanical tamping equipment. The Contractor shall use special care under pipe haunches and fittings. 4. Testina and submittals. The Contractor, prior to. delivery of material, shall furnish the supplier's certificates of compliance with these specifications. 5. Payment. NO SEPARATE PAYMENT shall be made for pipe bedding material, complete as shown and specified., End of Section 310 1 I Section 320 ROCK EXCAVATION 1. General. The work to be' included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the excavation and propoer disposal of "ROCK" as defined in the following. 2. Materials. "ROCK" excavation shall be defined as all igneous, metamorphic and sedimentary material encountered which requires the systematic drilling and/or hammering for removal. This shall include all boulders or other detached stones each having a volume of one cubic yard. or more. 3. Execution. Blasting shall not be allowed. Rock excavation shall be. accomplished by the use of drilling, hammering or other mechanical means. 4. Payment. SEPARATE PAYMENT shall be made for "ROCK" excavation as further defined in SECTION 110 MEASUREMENT AND PAYMENT and the BID SCHEDULE. End of Section 310 Lii 8 ED a� 01 IF IF II I I I I Section 400 CLEARING RIGHTS OF WAY, CUTTING D REPAIRING FENCES ' AN1. GENERAL ' The City of Fayetteville has acquired both permanent and temporary construction easements for the water and sewer line construction. Insofar as possible and unless subsequent permission is obtained from the Owner, ' the Contractor shall confine his activities to the rights of way obtained by the City of Fayetteville. The necessary rights -of -way and easements for the project and to carry out the ' work along the project will be provided by the City of Fayetteville except for restrictions as noted below. The contractor shall confine his construction operations to the immediate vicinity of the locations shown on the plans and shall use due care in placing construction tools, equipment, excavated materials, ' and pipeline materials and supplies, so as to cause the least possible damage to property and interference with traffic. The placing of such tools, equipment, and materials shall be subject to the approval of the Engineer. The City of Fayetteville will not be responsible for haul road to and from the right-of-way. ' The contractor shall not store any material, place any construction material or trench material, place any equipment or activities nor allow any workmen off of the defined construction area. ' The City of Fayetteville will not provide a materials storage area, a staging area or any other area for use by the contractor except for the actual water line and appurtenance construction. ' The contractor shall not store any materials upon the streets or within the street right-of-ways or on the utility or water line easements which will not be installed within the same day. The contractor shall not store any materials in ' any private yard without first furnishing to the Engineer a copy of written permission from the property owner. The Contractor shall be responsible to obtain any storage or yard areas the contractor requires. IA minimum of one lane of traffic shall be safely maintained at all times. The Contractor shall be responsible for all damage, to all property outside of the rights -of -way and easements, and shall make satisfactory settlement for the damage directly with the property owner and tenant involved, as their interests may require. All work performed, and all operations of the Contractor, his employees, or his ' subcontractors, within the limits of railroad and highway rights -of -way shall be in conformity with the requirements, and be under the control (with the City of Fayetteville), of the railroad or highway authority owning or having jurisdiction over and control of, the right-of-way in each case. All existing fences which interfere with the construction operations shall be maintained by the Contractor until the completion... of the work affected thereby, unless written permission is obtained from the City of Fayetteville thereof, to leave an interfering fence dismantled for an agreed period of time. Where fences must be maintained across the right-of-way, adequate gates shall be installed therein. Gates shall be kept closed and locked at all times when not in use, ' with duplicate keys furnished to the Engineer. Upon completion of the work across any tract of land, the Contractor shall restore all fences to their original or to a :3etter condition and quality, ' purchasing new material and replace all materials lost, damaged, or destroyed. Temporary gates installed by the Contractor in any fence line may be left in place with the permission of the property owner and tenant of the property. All materials used in fence repairs or replacements shall be approved by the ' Engineer. The Contractor shall protect, shore, brace, support, and maintain all underground constructions uncovered or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, and other surface structures affected by construction operations in connection with the performance of the Contract, together with all sod and shrubs in yards and parking removed or otherwise damaged, shall be restored to their original condition as determined and approved by the Engineer. All replacements shall be made with new materials. The Contractor shall be responsiblefor all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location of character, which may be caused by moving, hauling, or ON otherwise transporting equipment, materials, or. men to or from the work or any part or site thereof, whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority ;having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. All fire hydrants and: water control valves shall be kept free from obstruction and available for use at all times. The Contractor shall be responsible for all damage to all property outside of the rights -of -way and easements, and shall make satisfactory settlement for the damage directly with the property owner and tenant involved, as their interests may require. No trees or cultured plants shall be cut, trimmed or removed unless clearly shown a on the -plans or marked by the Engineer.. All trees and other vegetation which is so marked and must be removed to perform the work, shall be removed and disposed, of, or removed an saved, (as shown on the plans or in the contract documents) by the Contractor. No on -site burning shall be permitted. All protection of trees, trimming and repair of trees and plants shall be performed by qualified nurserymen or horticulturists in accordance with the City of Fayettevill e's Ordinance Chapter 162 "TREE PROTECTION AND PRESERVATION". 2. CLEARING RIGHTS OF WAY Parts of construction are indicated on the Plans as being through lawns, planters, sidewalks, streets, parking lots, brush and undeveloped fields. There is not an extra pay item for the clearing of rights of way or for the disposing of blush, timber or other debris resulting from the clearing operation for the water lines installed along Fifth Street. There is a separate pay item for the clearing, grubbing and disposal of the utility and utility/access easement north of Fifth Street on the lots .being developed by Habitat for Humanity. Refer to the bid proposal and specification 110 MEASUREMENT and PAYMENT for additional information. (A) Brush, Timbered Areas, Fields. Where construction is indicated on the Plans as being through brush, timbered areas, and fields of tall grass, the Engineer shall stake the centerline of the proposed pipe -line. The Contractor shall clear the rights of way of brush and other debris and do such right of way construction as is necessary to provide an adequate working area. In clearing right of way, the Contractor SHALL NOT REMOVE ANY TREES UNLESS CLEARLY MARRED TO BE REMOVED BY THE ENGINEER. Where water lines are to be constructed in close proximity to shade trees, ornamental trees or any other trees on this project, the Contractor will be expected to work near the trees without removing or damaging' them. The Contractor shall construct a free-standing protective wooden pen, 8 feet tall, around all trees in close proximity to the work which are not to be removed. Protective pens shall be maintained around trees until final cleanup and seeding pr sodding have been completed. III All brush, timber and other debris required to be removed from the ' construction of the work shall be hauled from the site and disposed of at the option of the Contractor. Burning of brush will not be permitted on this project. ' (B) Lawns, Gardens, and Other Well -Kept Areas. Where construction is shown on the Plans as being through lawns, gardens, or other well -kept areas, the Contractor shall stake the general location of the rights of way, and ' shall provide line stakes. The Contractor: shall then clear any debris from the rights of way. All shrubbery, garden areas, planters, flower 1..A.. .....11 -roan !loon tl.sw A 4nnh o 4n 14 mntnri nn A nti.ar 4temc of ' Contractor's expense. Unless specifically noted otherwise in a special condition, the Contractor shall be respons:.ble to fully restore the area to its original condition. ' No tress shall be shall be cut or removed unless clearly marked to be removed by the Engineer. All limbs and other debris requiring removal shall be hauled from the site and disposed of at the option of the Contractor. (C) Power Lines. Where the Plans show a poxtion of the line to be laid ' adjacent to or under power lines, it shall be the responsibility of the Contractor to make any arrangements with the power company for 'tying off' poles. It shall also be the responsibility of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and equipment when working in the vicinity of these power lines. The Contractor is advised of the extreuae hazard to personnel from equipment contact or near contact with conductors of the transmission ' line. It is strongly recommended that low profile construction equipment be used and that a minimum 15 feet vertical clearance be maintained between any equipment and transmission conductors. ' Unless the water line is specifically set out to cross within the limits of the power line right of way, the Contractor shall not alter or work within the limits of the existing power line right of way. ' (D) Miscellaneous. Several signs, mailboxes:, posts, fences, and other obstructions are to be removed and replaced along the right of way. These • shall be removed and protected. After pipe construction is complete, they shall be replaced in their original conditions. ' (E) Fences - Cutting and Repairing. The Plans show fences to be crossed during the course of construction. Prior to the cutting of fences the Contractor shall install a brace post assembly in the existing fence on ' each side of the water line. The exact location for the brace post assembly shall be field determined. The :ension of the existing fence shall not be reduced. The Contractor shall then construct temporary fencing so as to maintain livestock in th'a original pasture during the ' construction period. There is no separate pay item for temporary fencing. After the pipeline has been installed, backEill placed and compacted, and excess material removed, the Contractor shall rebuild the fences across ' the right of way. Fencing shall be replaced according to the type of fence to be crossed during construction using new materials which are equal to or better than the original fencing materials. I1 1.1 Where removal, replacement or repair of chain link, ornamental iron, wood, rock or masonry fence is required, the Contractor shall retain a qualified specialty contractor to perform the work. 3 11 (F) Restoration of Property Markers. Where property markers or public righ of way markers have been disturbed or will be removed in the course o construction, the Contractor shall retain an Arkansas Registered Lan Surveyor to witness the position of the marker prior to disturbance o removal. After the completion of construction, an Arkansas R.L.S. shal be retained to restore all disturbed or removed markers to their origina position'. I The Contractor: shall be responsible for all safety requirements and for takin all steps necessary to assure the safety of the public and any livestock in th vicinity of the construction area. • END OF SECTION 400 } r 4 I Li I I I 7 I I I C I C Section 401 SURFACE REMOVAL GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, and incidentals necessary for removing surfaces within the limits of lawns, gardens, mowed, cultivated, or other well -kept areas or within the limits of any paved or unpaved driving surface. This specification does not apply to state or iE.terstate highways, or driving surfaces within railroad rights of way unless otherwise directed by the Engineer. ALLOWABLE REMOVAL In all areas where water lines, air release valve manholes, and other appurtenances are to be constructed, the surface shall be removed prior to excavating the trench. There is no pay item fo:r surface removal and surface removal shall be considered part of trench excavation. The allowable limits of removal are dependent upon the type of area in •Dr through which construction occurs and are set out below. No payment for sur£a.ce repair will be made outside the width of allowable removal. (A) Lawns, Gardens, Mowed or Cultivated Areas, and Other Well -Kept Areas. In these areas, the Contractor shall excavate, the top 6 inches of topsoil from the ditch line and store such along one side of the ditch line so that it does not become mixed with the remaining excavation which shall be stored on the other side of the ditch line. Any such topsoil which is allowed to become mixed with other trench excavations shall be replaced with topsoil approved by the Engineer at the Contractor's expense. The width of allowable surface removal shall be the standard trench width as shown on the detail sheet of the Plans, or the depth of the trench to the existing water flow line at its deepest. point, whichever is greater. The length of ground cover removed for the thstallation of pipe, fittings, manholes, or other appurtenances shall be the linear dimension of such structure plus 12 inches. (B) Wooded and Rocky Areas. In wooded or rocky areas the ground cover shall be removed as set out in paragraph B.1 above except that the Contractor is not required to separate and store the top 6 inches of topsoil along the ditch line. (C) Driving Surfaces. Excavation within the limits of any driving surface, including paved and gravel streets or roads, driveways or parking areas shall be in accordance with the following specifications. The Contractor shall remove pavement and xoad surface as a part of the ' trench excavation, and the amount removed shall depend upon the width of trench specified for the installation of pi;e, and the width and length of pavement area required to be removed for the installation of pipe, fittings, manholes, and other appurtenances. ' The Contractor shall use such methods, either drilling, chipping or sawing as will assure the breaking of the pavement along straight lines. The face of the remaining pavement shall be approximately vertical. ' Driving surface pavement and road surfaces shall be removed to the dimensions set out below depending upon the type of driving surface to be removed. 1J 1. Asphaltic Pavement Removal.Asphaltic pavements shall be removed in accordance with the -dimensions set out below.. a) Removal of Pavement for Pipe Construction. The width of asphaltic pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be as shown on the detail sheet of the Plans. The length of the asphaltic pavement to be removed for. the installation of pipe,,fittings,.or other appurtenances shall be the linear dimension of such structure plus 12 inches. b) Removal of Pavement around existing Valve Boxes and other appurtenances. A square cut shall be made in the pavement area extending 18 inches each side of the valve box or other appurtenance. The pavement and underlying base and/or subgrade material shall then be removed to the depth necessary to expose the existing object. This material shall be hauled from the • t site and disposed of by the contractor. 2. Concrete Pavement Removal. • Concrete pavements shall be removed in accordance with the dimensions set out below. a)Removal of Pavement for Pipe Construction. The width of concrete pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances•shall be as shown on the detail sheet of the Plans. ` 4 The length of the concrete pavement to be removed for the installation of pipe, fittings, or other appurtenances shall. be the linear dimension of such structure plus 12 inches. b), Removal of Pavement around existing Valve Boxes and other appurtenances. A' square cut shall be made in the concrete pavement within an area extending 12 inches each side of the valve box or other appurtenances. The pavement and underlying base and/or subgrade material shall then be removed to the depth necessary to expose the existing object. This material shall be hauled from the site and disposed of by the contractor. 3. Unpaved Driving Surfaces. .Gravel, dirt, or other unpaved driving surfaces shall be removed as follows. - a): Removal of Surface for Pipe Construction. The width of unpaved surface removed along the normal trench line for the installation of pipe shall be the standard trench width as defined on the detail sheet of the Plans plus 24 inches on each side of the trench. The length of unpaved surface removed along the normal trench line for the installation of fittings or -other appurtenances shall be the dimension'of such structure plus 12 inches. r (D) Sidewalk and Curb and Gutter Removal. Sidewalk and curb and gutter shall only be removed as shown on the plans or at the direction of the -Engineer. The width of concrete removed when so directed shall be the standard trench width as shown on the plans plus a minimum of 18 inches on each side of the trench to the next existing joint. 2 (E) Additional Surface Removal, wherever, in the opinion of the Engineer, existing conditions make it necessary or ;advisable to remove additional surfaces, the Contractor shall remove it a:s directed by the Engineer. No extra compensation will be allowed for the extra surface removal. However, additional payment will be made at the unit price bid for the appropriate surface repair/replacement item as set out under the Methods ' of Measurement and Payment Section of these Specifications. However, if the Contractor removes or damacles pavements beyond the limits ' specified above without approval of the Engineer, such surfaces shall be replaced or repaired at the expense of the Contractor. I END OF SECTION 401 I I I L I I n I I I CI 3 El 1 Section 406 PIPE FOR WATER LINES - GENERAL ' General. The pipe for water lines to be used on this specific project shall be as follows: I I I I Size Materials I.D. - Inches Pipe Type Specifications 2 inch Polyvinyl Chloride (PVC) ASTM D-2241 DR13.5 4 inch and larger Polyvinyl Chloride (PVC) AWWA C900 DR14 The pipe shall further be manufactured, furnished installed, flushed, tested and disinfected in accordance with the following sections of these Specifications: Pipe material Specification Section Ductile iron 411 PVC 412 All water mains shall be laid a minimum of 10 feet horizontally from any existing or proposed sanitary sewer including force mains. The 10 feet minimum distance shall be measured from edge to edge. If conditions in the field will not permit the 10 feet required separation, then the contractor shall immediately notify the Engineer for further instructions. ' All water mains which cross sewers shall be laid to provide a minimum of 18 inches positive vertical clearance for the water line above the sewer lines as measured from edge to edge. This shall be required if the water line is initially above or below the sewer line and must also be worked with the minimum ' cover requirements. At all crossings, the water line pipe shall be adjusted to provide one full length of water line pipe over the sewer line with both joints located as far as possible from the sewer line. I I C C L The exact location of many underground structures and utilities,both known and unknown has not been determined. It shall ke the responsibility of the contractor to prospect in advance of the water l:ne construction to locate any and all conflicts and to determine exact locz.tions for service and other connections. If any conflicts with the water line construction are found the contractor shall notify the Engineer immediately. All water line shall be laid in the dry. Work shai.l not be permitted during rain or with water standing in the trenches. All water line trenches shall be subject to inspections. The Contractor shall not: backfill any trench or cover any fitting or blocking until the water line or appurtenance has been approved by the Engineer or his representative. Unmanned open trenches shall not be allowed be allowed. End of Section 406 Overnight open trenches shall not 1 Li ' Section 411 DUCTILE IRON PIPE AND DUCTILE IRON PIPE FITTINGS FOR WATER LINES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of ductile iron pipe water lines. The work shall include every item of construction necessary 1br a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS H I I i'H I I I I I I I I 1. Ductile Iron Pipe and Ductile Iron Pipe Fittings. Unless otherwise shown on the Plans or specified, all pipe and p:.pe fittings furnished on this project shall be ductile iron, with either push -on or mechanical type joints. Flanged pipe or pipe fittings shall be used only as indicated on the Plans, and shall be in conformance with this Specification. a. Ductile Iron Pipe. All ductile iron pipe furnished with either push -on or mechanical type joints shall conform to the requirements of Ductile Iron Pipe, Centrifugally Cast in Metal Molds or Sand -Lined Molds, for Water or Other Liquids,' AWWA Standard C151, latest revision, and shall be designed to withstand compacted earth loadings as applied according to thei:onditions set out on the Plans with an AASHTO HS -20 truck live load.. The external loading shall be based on a soil density of 120 pounds per cubic foot and Type 3 standard laying conditions. All ductile iron pipe shall be pressure Class 350 and shall be designed in accordance with the requi::ements of 'Thickness Design of Ductile Iron Pipe,' ANSI/AWWA C150/A21.50-91, effective March 1, 1992. b. Compact Ductile Iron Pipe Fittings 43 Inch Through 16 Inch). All fittings 3 inches through 16 inches shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C153/A21.53, latest revision, for 'Ductile Iron Ccmpact Fittings, 3 Inch Through 16 Inch, for Water and Other Liquids.' c. Ductile Iron Pipe Fittings (Larger Than 16 Inch). All fittings larger than 16 inches shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C110/A21.10, latest revision, for Ductile Iron and Gray -Iron Fittings, 3 Inch Through 48 Inch, for Water and Other Liquids.' d. Ductile Iron Pipe Joints. All ductile iron pipe and ductile iron pipe fittings with mechanical or push -on type joints shall have rubber gasket joints in conformance •with Rubber Gasket Joints for Ductile Iron and Gray -Iron Pressure Pipe and Fittings,ANSI/AWWA C111/A21.11, latest revision. e. Restrained Joints. Where shown on the Plans, restrained joint pipe and fittings shall be ductile iron pipe manufactured in accord with applicable sections of ANSI/AWWA C151/A21.51 and ANSI/AWWA C110/A21.10. All restrained joint pipe shall be 'TR Flex,' as manufactured by U. S. Pipe, 'Flex -Ring' joint as manufactured by American Ductile Iron Pipe, or equal. 1 f. Swivel Fittings and Fire Hydrant Tee. Fire hydrant shall be set using NJ, MJ, swivel joint fittings having retainer lip and swivel rotatable gland for positive restraint without tie rods. Restraint joints shall be used where testing will be done against closed valves, and at other locations at the Contractor's option. Flanged Ductile Iron Pipe with Threaded Flanges. Where shown on the Plans, the Contractor shall furnish and install flanged ductile iron pipe and flanged ductile iron fittings in accordance with the following Specifications. a. Pipes and Flanges. All flanged pipe furnished on this project shall be ductile iron pipe in conformance with the requirements for 'Flanged Ductile Iron Pipe with Threaded Flanges," ANSI/AWWA C115/A21.15, latest revision. b. Bolts and Gaskets. Bolts and gaskets shall meet the requirements of ANSI/AWWA Clll/A21.11, latest revision, for Rubber -Gasket Joints for Ductile -Iron Pressure Pipe and Fittings.' Cement Mortar Lining. All ductile iron pipe and ductile iron pipe fittings shall have a standard thickness cement mortar lining in conformance to ANSI/AWWA C104/A21.4. 4. Outside Coating. All ductile iron pipe shall have either a bituminous exterior coating, or shall be delivered to the site factory cleaned and primed as set out below. a. Factory Primed Pipe. Unless otherwise shown on the Plans, all • exposed pipe and fittings within the limits of structure walls or all pipe exposed above ground shall be delivered to the job site • factory blasted, cleaned and primed with one coat of Kop-Coat 340 Gold Primer or Kop-Coat 622 LCF Primer, or approved equal. b. Bituminous Coating. All pipe and fittings indicated for buried service shall have a bituminous coating approximately 1 mil thick. The coating shall be factory applied to the outside of all pipe and fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. 5. Ductile.Iron Pipe Joint Lubricant. Joint lubricant shall be provided by the pipe manufacturer, and applied as per the manufacturer's recommendations. 6.Polyethylene Encasement. Material and execution for polyethylene encasement shall be as specified in Section 413, POLYETHYLENE ENCASEMENT. 7. Pipe detection tape. Material and execution for pipe detection tape shall be as specified in Section 414,- PIPE DETECTION TAPE. 8. Crushed Stone Trench Backfill. Crushed limestone trench backfill, where required; shall be aggregate base course, Class 7, as defined in Section 303 of the 1993 Edition of the Arkansas State Highway Department Specifications. The crushed limestone supplier shall submit certificates stating that the materials provided are in conformance with these Specifications. 9. Concrete.. Concrete used for reaction backing, pipe cover, or pipe encasement shall be in conformance with the Concrete section of these Specifications. 10. Affidavits of Compliance and Independent Laboratory Inspection. All ductile iron pipe and ductile iron pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with ' these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. If evidence appears that all provisions' of the applicable ASTM/AWWA Standards have not been complied with at tor the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. C. DUCTILE IRON PIPE WATER LINE CONSTRUCTION Ii. General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, ' fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water; ' provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. ' 2. Alignment and Grade. The water main shall be installed and maintained to the required lines, grades and top of. ripe elevations shown on the construction Plans with fittings, valvets and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. The Contractor shall provide survey layout (conducted by qualified experienced surveyors) to maintain the required grades and alignments. The Contractor shall provide the Engineer with a written tabular list of layout cuts, station locations and hub offsets for all pipe laying. The required tabular list for any given segment of the pipeline shall be provided to the Engineer at least five working days in advance of excavation of the segment in question. ' 3. Creek or River Crossings. This section of the Specifications does not govern the construction of creek or river crossings. All creek and river crossings as set out on the Plans or as specified, shall be constructed in ' accordance with Section 493, CREEK OR RIVER CROSSINGS. 4. Installing Ductile Iron Pipe. Ductile ironpipe and ductile iron pipe fittings shall be installed in conformance with the recommendations of AWWA C600, latest revision, for Installation of Ductile Iron Water Mains and Their Appurtenances,and in confo�;mance with the Plans and Specifications. All ductile iron pipe, ductile iron fittings and all other metal shall be wrapped with 8 mill po:.yethylene in accordance with ' specification 413, POLYETHYLENE ENCASEMENT. 5. Requirements Preparatory to Trench Excavation. In all areas where water lines, valves, or other appurtenances are to be constructed, the existing surface shall be removed prior to excavating the trench. There is no pay item for these requirements and shall be considered part of the trench excavation. These requirements are dependent upon the type of area in which water line construction occurs and aria set out elsewhere in these Specifications. 6. Trench Excavation. All excavation of any nature shall be unclassified and payment for same shall be included in the unit price bid for furnishing and laying of the various sizes of pipe in place. The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as set out elsewhere in this Specification. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. The Contractor shall proceed with caution in the excavation and preparation of the trench so that the location of underground structures and utilities, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures and utilities when broken or otherwise damaged. The Contractor is reminded of the importance of Safety and compliance with all safety requirements of the contract and State and Federal regulations. a. Trench Depth. The trench shall be excavated to at least 6 inches below the grade required to provide a minimum of 36 inches of pipe cover. This pipe cover shall be measured and is defined as follows. (1) Land Level Normal to the Direction of the pipeline. A minimum of 36 inches of cover shall be provided. This cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ground surface. 7 (2) Cut Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the adjacent low surface of the right of way. (3) Fill Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the natural ground surface underlying the fill. b. Trench Width. The excavated water line trench shall be in general conformance with the typical ditch section as shown on the standard detail sheet of the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel. c. Trench Length. The Engineer shall have the right to limit the amount of trench excavated in advance of laying the pipe. In general, such excavation shall not exceed 100 feet, and trench excavated to grade shall not exceed 100 feet. Every trench in rock shall be fully opened at least 50 feet in advance of the place where pipe is being laid. Ductile Iron Pipe Bedding. After the trench has been excavated as set out above, the ductile iron pipe shall have a bed prepared according to the type of area through which construction is proceeding. a. Pipe Bedding. The ductile iron pipe shall be bedded in bedding material as specified elsewhere in these Specifications. The pipe shall be bedded from a point 6 inches below the bottom of the pipe barrel to 6 inches over the top of the pipe. All overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractor's expense, except as provided in 411-C.8 below. The additional material required will be placed in 3 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. b. Pipe Bedding (Driving Surfaces Curb and Gutter, or Areas Underlain by Solid Rock). Where the water line excavation is within the limits and approximately perpendicular to or crossing curb and gutter or driving surfaces, including paved and unpaved roads, driveways or parking lots, the bedding material shall be aggregate 4 base course, Class 7. Where the bottom of the trench is solid rock, the pipe bedding material shall be aggregate base course, Class 7. All overexcavation below the pipe ,hall be backfilled with pipe bedding material it the Contractor's expense. The bedding material shall be aggregate base course Class 7. The additional material required will be placed in 3 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. 8. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the ' trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which iii the judgment of the Engineer should be removed, the Contractor shall excavate and remove such ' unsuitable material to the width and de•-pth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with aggregate base course, Class 7, in 6 inch uncompacted layers. The layers shall be hand or machine tamped so as to provide a uniform and continuous t bearing and support for the pipe at all points along the pipe length. Extra payment will be made for the additional trench backfill required in accordance with the Methods of Measurement. and Payment section of these Specifications. However, no additional compensation will be made to the ' Contractor for the additional excavation. 9. Bracing and Shoring. The sides of any excavation, when deemed necessary, shall be properly supported with bracing, shoring or sheeting as the need ' may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left in place, and the water ' line trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting, or shoring whether it is withdrawn or left in the trench. This section does include all requirements for trench safety and the Contractor shall comply with the OSHA requirements for trench safety as specified elsewhere in these specifications. 10. Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with dry loam, sand, or crushed limestone bedding gravel at his own expense. Under no conditions will ductile iron pipe water line be laid in a trench that has not been properly dewatered. 11. Deviations Occasioned by Other Structures. Whenever obstructions not shown on the Plans are encountered during the progress of the work and interfere to such an extent that an alteration in the plan is required, the Engineer shall have the authority to change the Plans and order a deviation from the line and grade or arrange with the owners of the structures for the removal, relocation or reconstruction of the . obstruction. 12. Concrete Reaction Backing. All ductile iron pipe fittings shall have concrete reaction backing. Backing shall be placed between solid undisturbed soil and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail sheet of the Plans. The _ backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with 8 mill polyethylene prior to the placement of reaction backing. I 4 1 ..Concrete Pipe Cover. Where shown on the Plans or otherwise directed by the Engineer, concrete cover shall be placed over the top of the water line to the dimensions shown on the Plans. Where in the opinion of the Engineer additional concrete cover is required, it shall be provided and installed by the Contractor. Concrete. Encasement. Where shown on the Plans or otherwise directed by the Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where in the opinion of the Engineer additional encasement is required, it shall be provided and installed by the Contractor. Pipe joints shall not be encased for a distance of 2 feet either side of the joint. .Concrete Thrust Anchors. Where shown on the Plans or otherwise directed by the Engineer, concrete thrust anchors shall be constructed as shown in detail on the Plans. Actual dimensions of the anchors will be determined by the width of the trench at each location where an anchor is to be constructed. Pipe Detection Tape, Pipe Protection Cover and Backfill. Pipe detection tape; pipe protection cover and backfill shall be placed in accordance with these Specifications. Flushing, Sterilizing and Testing of Ductile Iron Pipe Water Lines. Newly laid water lines shall be flushed, sterilized and tested in accordance with these Specifications. Cleanup.. Cleanup shall be in accordance with these Specifications. Replacement and Repair of Driving Surfaces. Replacement and repair of, driving surfaces shall be made in accordance with these Specifications, as applicable. END OF SECTION 411 i I I Section 412 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR WATER LINES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of polyvinyl chloride (PVC) pipe water lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. 1 B. MATERIALS 1. Polyvinyl Chloride (PVC) Water Pine ' a. Two (2) inch Diameter. PVC watsir pipe shall conform to the requirements of ASTM D-2241, latest revision. The plastic material used in making the pipe shall be clean, virgin, Cell Classification 124548 PVC compound conforming to ASTM Resin Specification D-1784, latest revision. Clean, reworked material generated from the manufacturer's own production shall be acceptable as long as the pipe produced meets all the requirements of the Specifications. The pipe shall be pressure rated at 200 psi, with standard dimension ratio (SDR) 13.5. Net laying lengths shall be 20 feet fl inch. ' b. Diameters four (4) Inch and larger. PVC water pipe in these sizes shall conform to the requirements of AWWA C900, latest edition. The pipe shall be Class 200 with standard dimension ratio (SDR) 14. Net laying lengths shall be 20 feet ±1 inch. ' 2. Joints for PVC Pipe a. Two (2) inch Diameters. All joints for 2 inch diameter PVC pipe shall comply with ASTM Specification D-3139, 'Joints for Plastic Pressure Pipes Using Flexible Elastomaric Seals.Joint bells shall be formed integrally with the pipe and shall have a raceway or groove which is specially formed to accept and retain the gasket. Pipe spigots shall be beveled and shill have insertion stop marks. • Qualification tests of the joint des:Lgn shall result in no leakage under various laboratory test conditions of joint alignment and pressure at 2-1/2 times rated pressure and at 22 inches (560 mm) Hg vacuum. b. Diameters four (4) inch and larger. All joints for PVC pipe having diameters larger than or equal to 4 inches shall conform to the requirements of AWWA C900, latest edition. 3. Fittings for PVC Pipe 1 a. Two (2) inch Diameters. All fitting:; for 2 inch diameter PVC pipe shall comply with ASTM Specification D-3139, Joints for Plastic Pressure Pipes Using Flexible Elastomiaric Seals.' Joint bells shall be formed integrally with the pipe and shall have a raceway or groove which is specially formed to accept and retain the gasket. Pipe spigots shall be beveled and shall have insertion stop marks. Qualification tests of the joint design shall result in no leakage 1 under various laboratory test conditions of joint alignment and pressure at 2-1/2 times rated pressure and at 22 inches (560 mm) Hg vacuum. I b. Diameters four (4) Inch.and larger. All fittings for PVC pipe having diameters 4 inch or larger shall be mechanical joint ductile iron complying with Section 411 of these Specifications. The Contractor shall furnish any transitions, gaskets, or other devices required to adapt mechanical joint ductile iron fittings to PVC water pipe as a part of the item bid as "ductile iron fittings." No pay item for such devices is included in this contract, but shall be considered subsidiary to the.bid item of ductile iron fittings. 4. Gaskets for PVC Joints and Fittings. Gaskets shall be molded or extruded from a high grade, properly vulcanized, elastomeric compound consisting of either a basic natural or synthetic rubber. Gaskets shall be marked to show IPS. for pressure rated pipe, nominal pipe size, manufacturer's identification, and year of manufacture. Gaskets shall be color striped on the side of the gasket that faces the open bell to facilitate proper installation. . Gaskets shall comply 'with the requirements of ASTM Specification F-477, Elastomeric Seals (Gaskets) for Joining Plastic Pipes.' 5. Lubricant for PVC Joints and Fittings. Lubricant shall be suitable for water piping use at temperatures from 5° to 120° F. (-15" to 50° C.). It shall have no deteriorating effect on the gasket or pipe material. It # shall be.non-toxic and not support the growth of bacteria. It shall be water. soluble and shall not impart taste or odor to water in the water .line which has been properly flushed. Containers shall be labeled with the manufacturer's name and identified as PVC pipe joint lubricant. Each lubricant container shall ave printed instructions for usage and joint assembly. 6. Polyvinyl Chloride Pipe Bedding Material. Bedding material for PVC pipe shall be'as specified in Section 310, PIPE BEDDING MATERIAL. Note: There is no special pay item for PVC pipe bedding material. .This item shall be considered subsidiary to the PVC pipe. 7. Crushed Stone Base Trench Backfill. Crushed stone base trench backfill (where required) shall be aggregate base course, Class 7, as specified elsewhere in these Specifications. Note: This item shall be paid for at the unit price bid in the Bid, and as set out in the Methods of Measurement and Payment. 8. Concrete. Concrete encasement or cover (where required) shall be as specified elsewhere, in these Specifications. 9. Special Pipe Cover. Special pipe cover (where required) shall be as set out for bedding gravel as hereinbefore specified. Note: There is no special pay item for special pipe cover. 10. Independent Laboratory Inspection. PVC pipe and PVC pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. 'The Contractor shall furnish to the Engineer, prior to delivery, manufacturers' certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipe proposed to be furnished. If evidence appears that all provisions of the, applicable ASTM Standards have not, been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and -sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However,, the Owner will not be responsible -for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved' by the Engineer. 2 I 11. Tracer Wire. Tracer wire shall be 14 gaugo coated copper for underground 1 burial and shall be taped to the top of the pipe at 12 foot intervals. Additionally, the trace wire shall extend from the main along all services into the meter box. 1 12. Pipe Detection Tape. Pipe detection tape stall be furnished and installed in accordance with Section 414, PIPE DETECTION TAPE. I I I I I POLYVINYL CHLORIDE PIPE WATER LINE CONSTRUCTION General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and rcadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. Alignment and Grade. The water main shall be laid and maintained to the required lines and grades with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. Installing Polyvinyl Chloride Pipe. All pipe and fittings for pipe 4 inches in diameter and larger shall be installed in conformance with the recommendations of ANSI/AWWA C605-94, "AWWA Standard for Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for Water" and in conformance with the Specifications hereinafter set out. All 2 inch pipe and fittings shall be installed in accordance with ASTM D- 2774, Underground Installation of Thermoplastic Pressure Piping,' and in conformance with the Specifications hereinafter set out. 4. Requirements Preparatory to Trench Excavation. In all areas where water lines, valves, or other appurtenances are to be constructed, the existing surface shall be removed prior to excavating the trench. There is no pay item for these requirements and shall be considered part of the trench ' excavation. These requirements are dependent upon the type of area in which water line construction occurs and are specified elsewhere in these Specifications. I I I I Trench Excavation. The construction of this project is through an area of widely varying soil types and depths. Rock excavation may be required in some instances. All excavation of any nature shall be unclassified and payment for same shall be included in the unit price bid for furnishing and laying of the various sizes of pipe in place. The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as set out below in these Specifications. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures and utilities, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures and utilities when broken or otherwise damaged during trench excavation. It shall be the responsibility of the contractor to prospect in advance of the water line construction to locate any and all conflicts and to determine exact locations for service and other connections. If any conflicts with the water line construction are found the contractor shall notify the Engineer immediately. The Contractor is reminded of the importance of Safety and compliance with .� all safety requirements of the contract and State and Federal regulations. a. Trench Depth. The trench shall be excavated to at least 6 inches below the grade required to provide a minimum of 36 inches of pipe cover. This pipe cover shall be measured and is defined as follows. 1), Land Level Normal to the Direction of the Pipeline. A minimum of 36 inches of cover shall be provided. This cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ground surface. 2)' Cut Surfaces. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the adjacent low surface of the right of way. 3) Fill Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the natural ground surface underlying the fill. b. Trench Width. The excavated water line trench shall not exceed the width as shown on the standard detail sheet of the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel. If the Contractor overexcavates the trench, he shall provide additional pipe bedding material or concrete as necessary to prevent crushing of the water pipe due to -excessive earth loads. All additional bedding material or concrete required shall be furnished at the Contractor's expense. c. Trench Length. The Engineer shall have the right to limit the amount of trench excavated in advance of laying of pipe.- In general, such excavation shall not exceed 100 feet, and trench excavated to grade shall not exceed 100 feet or that length in which installation shall be completed during the workday. Every trench in rock shall be fully opened at least 50 feet in advance of the place where pipe is being laid. Unmanned open trenches shall not be allowed. Overnight open trenches shall not be allowed. 6. Polyvinyl Chloride Pipe Bedding. All PVC pipe shall be bedded in pipe 8i bedding material. The pipe shall be bedded from a point a minimum of 6 inches below the bottom of the pipe barrel to a point a minimum of 6 inches above the top of the pipe by the full width of the excavated ditch. All overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractor's expense. The additional material required will be placed in 8 inch lifts and thoroughly tamped. This procedure will be repeateduntil the established grade has been reached. .All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. - Note: Pipe bedding shallbe-subsidiary to the PVC pipe. - , 7. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, 4 all types of refuse, vegetable or other orga.nic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth required. Before the pipe is laid, the subgrade shall be made by backfiling with crushed stone trench backfill in 8 inch uncompacted layers. The layers shall be hand or machine tamped so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Extra payment will be made for the additional crushed stone trench backfill required in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional coxipensation will be made to the Contractor for the additional excavation. ' 8. Bracing and Shoring. The sides of any exca••vation, when deemed necessary, shall be properly supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left in place, and the water line trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting, or shoring ' whether it is withdrawn or left in the trench. This section does include all requirements for trench safety and the Contractor shall comply with the OSHA requirements for trench safety as specified elsewhere in these specifications. ' 9. Removal of Water and Muck. The Contractor :;hall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the ' Contractor shall remove all such soft material and replace it with dry loam, sand, or pipe bedding material at his own expense. Under no circumstances will polyvinyl chloride pipe water line be laid in a trench that has not been properly dewatered. ' 10. Deviations Occasioned by Other Structures. Whenever obstructions not shown on the Plans are encountered during the progress of the work and interfere to such an extent that an alternation in the plan is required, ' the Engineer shall have the authority to change the Plans and order a deviation from the line and grade or arrange with the owners of the structures for the removal, relocation or reconstruction of the obstruction. I. 11. Concrete Reaction Backing. All PVC pipe fittings shall have concrete reaction backing. Backing shall be placed between solid ground and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail sheet of the Plans or as directed by the Engineer. The backing shall, unless otherwise shown cr directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with 8 mill polyethylene prior to the placement of reaction backing. There is no pay item for concrete for reaction backing. This item shall be considered subsidiary tc water line installation. 12. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by the Engineer, concrete cover shall be placed over the top of the water line to the dimensions shown on the Plans. Where in the opinion of the Engineer additional concrete cover is required, it shall be provided and installed by the Contractor. 13. Concrete Encasement. Where shown on the PLans or otherwise directed by the Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where in the opinion of the Engineer ' additional encasement is required, it shall be provided and installed by the Contractor. Pipe joints shall not be encased for a distance of 2 feet either side of the joint. I 14. Pipe Detection Tape, Pipe Protection Cover and Backfill. Pipe detection tape, pipe protection cover and backfill shall be placed as specified elsewhere in these Specifications. 15. Testing of Polyvinyl Chloride Water Lines. Newly laid water lines shall be hydrostatically tested as specified elsewhere in these Specifications for flushing, disinfecting and testing of water lines. 16. • Cleanup. Cleanup shall be as specified elsewhere in these Specifications. 17. Replacement and Repair of Driving Surfaces. Replacement and repair of driving surfaces shall be made as specified elsewhere in these Specifications. END OF SECTION j 6 t I Section 413 POLYETHYLENE ENCASEMENT A. GENERAL ' The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for polyethylene encasement of pipe, fittings, valves and other appurtenances as shown on the Plans and hereinafter specified. B. MATERIALS Polyethylene Encasement. Polyethylene shall be irk conformance to ANSI/AWWA C105, ' latest revision. The polyethylene film shall have a minimum nominal thickness of .008 inch (8 mils), and shall be provided in either flat tube or sheet form, at the option of the Contractor. C. LOCATION Polyethylene encasement shall be provided on eill ductile iron pipe and all ductile iron or gray iron fittings, without regard to pipe material or type. ' Polyethylene encasement shall be provided on all metal pipe, fittings, hydrants, valves, and all buried metal of any accessory or appurtenance, without regard to the material type. ' D. CONSTRUCTION Polyethylene encasement shall be installed in a:cordance with ANSI/AWWA C105, latest revision, for either Method A, B or C installation. The encasement shall ' be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. I IEND OF SECTION 413 U. F I Li Ci I ' Section 414 PIPE DETECTION TAPE A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for pipe detection tape as shown on the Plans or Specifications and hereinafter specified. B. MATERIALS ' The detectable tape shall be "detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimun thickness of 0.35 mils solid aluminum foil encased in a protective inert jacket that is impervious to all known alkais, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2 1/2 pounds/i inch x 1000 feet. The tape shall be color coded and imprinted with the message as follows: Type of Color Utility Code Legends Water Safety precaution Caution Buried blue Water line Below Sewer Safety green Caution Buried Sewer line Below C. LOCATION AND CONSTRUCTION. ' Pipe detection tape shall be provided in all trenches for water line and sewer line construction. Installation shall be per manufacturer's recommendations and shall be as close as practical to finished grade while maintaining a required minimum of 18 inches between the detection tape and the top of any pipe line. I I L J I I END OF SECTION 414 I I I I I I I I [1 I I I C1 I I I I Section 419 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR SEWER LINES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of polyvinyl chloride (PVC) sanitary sewer lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Polyvinyl Chloride (PVC) Sewer Pipe. All ;pipe shall be suitable for gravity sewers. All plastic pipe and materials shall meet the requirements of ASTM 3034 with Standard Dimension Ratio (SDR) not to exceed 26, and a minimum pipe stiffness of 115 psi at five percent A Y. Pipe stiffness testing shall be conducted .in accordance with procedures defined in ASTM D2412. The pipe shall be manufactured by a member of the Uni-Bell Plastic Pipe Association. 2. Joints. All joints shall be of the bell and spigot type and conform to ASTM D3212 and/or Uni-Bell UNI-B-1. Gaskets shall be in accordance with ASTM F477. All bells shall be formed integrally with the pipe and shall contain a factory installed elastomeric gasket which is positively retained. Wall thickness of this bell at any point shall not be less than the required minimum for the pipe bar::el. No solvent cement joints will be permitted in field construction except as specifically authorized by the Engineer. 3. Joint Lubricant. Joint lubricants shall bo only that lubricant provided by the pipe manufacturer. 4. Polyvinyl Chloride Pipe Bedding Material. Bedding material for polyvinyl chloride sewer pipe shall be crushed limestone grit or sand as defined in section 310 of these specificat;.ons. This item shall be considered subsidiary to polyvinyl chloride pipe. No separate pay will be made for bedding material. 5. Crushed Stone Base Trench Back£ill. Crushed stone base trench backfill (where required) shall be as aggregate base: course, Class 7, as specified in Section 303 of the Arkansas State Highway Department Standard Specifications, latest edition. Note: This item shall be paid for at the unit price bid and as set out in the Methods of Measurement and Payment. 6. Independent Laboratory Inspection. All PVC sewer pipe and PVC pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates :stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipe proposed to be furnished. If evidence appears that all provisions of the applicable ASTM Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, the Owner will nct be responsible for job 1 delay.' The independent laboratory. shall be one which may be chosen by the pipe;manufacturer and approved by the. Engineer. 7. Concrete. Concrete for reaction backing, pipe cover, or pipe encasement. as shown on, the Plans or as directed by the Engineer shall be as specified elsewhere in these Specifications. This item shall be paid, for at the unit price bid and as set out in the Methods of Measurement and Payment. - 8. Transition Couplings. Transition couplings from polyvinyl chloride to clay or ductile iron sewer pipe shall be made of elastomeric plastic material and shall be manufactured by Fernco. Inc.,. or equal. 9. Waterstop Gasket. All pipe penetrations into cast -in -place manholes or connections to existing manholes shall have a waterstop made of elastomeric PVC as manufactured by Fernco, or equal. C. EXECUTION 1. General. -The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or groundwater; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings,. -and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street . or other surface over the trenches as specified. 2. Handling and Storage. Pipe and fittings shall be inspected upon arrival at the job site and handled in such,a manner so as to protect them from damage due to impact, shock and free fall. Pipe and fittings shall not <be dragged along the ground and shall be stored so as to protect the joints and pipe from.damage. Should the pipe and/or fittings necessitate handling by a mechanical means, a clamp, rope or sling may be used around the outside barrel of the pipe and/or.fittings. 3. Installing Polyvinyl Chloride Pipe and Fittings. Polyvinyl chloride pipe and fittings shall be installed in conformance to the latest revision of ASTM D-2321 standard practice for installing flexible thermoplastic sewer pipe lines. Polyvinyl chloride pipe shall be installed with bedding material as specifiedelsewherein-these Specifications from 4 inches below the bottom of the outside of the. barrel. , Note: There is no separate pay item for pipe bedding material. This item shall be considered subsidiary to the polyvinyl chloride sewer pipe. 4. Construction Sequence. Construction -of sewers shall begin at the low point of the line and continue in orderly succession throughout the, project: Any deviation from this procedure shall be.made only with the specific approval of the Engineer. Appurtenances such as fittings; service reconnections, manholes, etc._ shall be constructed as the work progresses. 5. Requirements Preparatory to Trench Excavation. In all areas where sewer lines and appurtenances are to be constructed and/or repaired, the right ,of way shall be cleared and the existing surface shall be removed prior. to excavation of the trench. Note: There is no separate pay item for clearing or -surface removal. These items of work shall be subsidiary to 2 I the polyvinyl chloride sewer pipe. These requirements are dependent upon the type of area in which sewer line construction occurs and are ' specified elsewhere in these Specifications. 6. Trench Excavation. The construction of this project is through an area underlain with various types of soil. All excavation of any nature shall be unclassified and payment for same shall be included in the unit price bid for furnishing and laying of the various sizes of pipe in place. ' The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as set out elsewhere in these Specifications. The trench shall be so braced and drained that the workmen may work ' therein safely and efficiently. It is ess(antial that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. The Contractor shall proceed with caution :in the excavation and preparation of the trench so that the exact: location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or ' otherwise damaged during construction. a. Trench Depth and Pipe Bedding. The trench shall be excavated to a minimum of 6 inches below the bottom of the pipe when laid at the required grade. Bell holes shall be excavated in accord with ASTM D-2321. Polyvinyl chloride pipe sha).l be bedded in pipe bedding material, as specified elsewhere in these Specifications, for the full width of the excavated trench from a point 4 inches below the ' bottom of the pipe barrel up to the pipe barrel centerline. The bedding material shall extend the ful.l width of the excavated trench. (See detail on Plans.) All overexcavation shall be backfilled with bedding material at the Contractor's expense. ' Material required to backfill overexcavation shall be placed in 8 inch lifts and thoroughly tamped with mechanical compaction equipment to reach the required established grade. All pipe bedding shall be tamped so as to provide a uniform and continuous ' bearing support for the pipe at every point along the pipe barrel. b. Width of Trench. Should the excavated polyvinyl chloride sewer line trench width exceed the width as. detailed on the Plans at any ' point from the trench bottom to a point 12 inches above the top of the pipe barrel, the Contractor shall at his expense provide additional pipe bedding material or concrete as necessary to prevent crushing of the sewer pipe dv.e to excessive earth loads. ' All additional bedding material or concrete required shall be furnished at the Contractor's expense. c. Length. The Engineer will limit the trench excavated in advance ' of installation of sewer pipe to the lesser of 150 feet or that length in which installation may reasonably be completed during the workday. Every trench in rock shall be fully cpened at least 50 feet in advance of the place where pipe is being laid or from where cast - in -place concrete operations are in rogress. ' 7. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large I 3 I pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width,and depth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with crushed stone trench backfill as specified elsewhere in these Specifications, in 8 inch.uncompacted layers. The layers shall be hand or machine tamped as directed by the Engineer so as to provide a uniform and continuous bearing and,support for the pipe at all points along the pipe length.- Extra payment will be made for the additional trench backfill required as crushed stone base in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the Contractor for additional excavation. • B. Bracing and Shoring. The sides of any excavation, when deemed necessary, shall be properly supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close: enough to buildings or other foundations as to endanger their stability by the removing of such bracings; then they shall be made •secure-and'left in place, and the sewer trench backfilled and thoroughly tamped with the bracing in place. • Note: The. Contractor will not be paid for such bracing, sheeting or shoring whether it is withdrawn or left in the trench.. 9. Removal"of.Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy,"the Contractor shall remove all such soft material and replace it with crushed stone base trench backfill at his own expense. Under no conditions will polyvinyl chloride sewer pipe be laid in a trench that has not been properly dewatered. No additional compensation will be made to the Contractor for dewatering or removal of muck. 10. Laying Polyvinyl Chloride Pipe Sewers - Factory Jointed Pipe. Polyvinyl chloride sewer pipe shall be laid ona firm bed, as previously specified, in perfect conformity with lines. and levels given. The pipe shall be laid with even bearing on the bottom of the trench, which shall • be shaped and prepared to conform to the form of pipe. Bedding material shall be removed from the bottom of the trench to give proper clearance to the sleeve or bell end of the pipe, but no larger than is necessary. to make a proper joint. The intent is that no load shall rest on theft pipe bell. The pipe assembly shall be performed in accordance with the manufacturer's instructions. In jointing PVC pipe, the mating surfaces shall' be wiped free of dust, dirt, gravel, or other foreign materials prior to the application of the lubricant. The PVCpipeshall be -• connected by first brushing upon the mating surfaces the proper lubricant as recommended by the pipe manufacturer. The spigot end shall then be centered on grade into the bell end of the last downstream PVC pipe length and shoved home' and properly seated with the application of a moderate force by a pry or level device. To protect the pipe and coupling when using a pry bar, a timber fulcrum shall be inserted into the coupling end of the pipe. The timber fulcrum shall extend a minimum. of 1/2 inch past the end of the pipe. The coupling end of the pipe in all cases shall be laid toward the high end of the sewer.. . . 11. Connections to Manholes 4 1 I ' a. New Cast -in -Place Manholes. Excavation for cast -in -place manhole footings shall be limited to the area to be filled with concrete. The Contractor shall support pipe enl:ering the manhole ALL OF THE WAY to solid bedding by backfilling tender the pipe and up to the springline, one-half outside diameter, with concrete. Note: No additional payment will be made for concrete bedding at manhole connections. The concrete bedding shall be subsidiary to the sewer pipe. Waterstop gasket shall be placed on the pipe prior to making manhole connection. b. Existing Manholes. Connections to existing manholes or inlets, ' where no plugged stubs exist, shall be made by coring a hole in the wall of the existing structure, :.nserting PVC pipe into the hole complete with a flexible watersl:op, filling around the pipe with non -shrink grout, and troweling the inside and outside surface of the joint to a neat finish. The bottom of the manhole shall be shaped to fit the invert of the sewer pipe. The connection will be tested with dye and water. ' 12. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed as specified elsewhere in t:hese Specifications. 13. Cleanup. Cleanup shall be as specified elsewhere in these ' Specifications. 14. Mandrel Testing. Polyvinyl chloride pipe sewer lines shall be Mandrel tested as specified elsewhere in these Spec:ifications. 15. Pressure Testing. Polyvinyl chloride pipe sewer lines shall be pressure tested as specified elsewhere in these Specifications. ' END OF SECTION 419 I I I I I ' Fl Section 420 DUCTILE IRON SEWER PIPE AND DUCTILE IRON SEWER PIPE FITTINGS I I I I fl I I 4. Waterstop Gasket. Gasket shall be made of elastomeric PVC material. Stainless steel band shall be furnished for sizes larger than 12 inches. Waterstop gasket shall be as manufactured by Pernco, Inc., or approved equal. 5. Inside Coatings. All ductile iron pipe shall receive the following ' interior lining: A. GENERAL The work to be included under this of providing all materials, labor necessary for the construction of work shall include every item of acceptable installation as shown o B. MATERIALS 1. Ductile Iro requirements Pipe,ASTM manufacturer shown on the 250. 1 Pipe of the A746, based Plans, section of tha Specifications shall consist equipment, tools, supplies and incidentals ductile iron pipe sanitary sewer lines. The construction necessary for a complete and n the Plans and hereinafter specified. • All ductile iron pipe shall conform to the 'Standard Specification for Ductile Iron Gravity Sewer latest revision, and shall be designed by the pipe on laying condition Typa 4 and the depth of earthload plus truck load. The ductile iron pipe shall be Class 2. Ductile Iron Pipe Fittings. All fittings shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C110/A21.10, latest revision. All fittings shall have a minimua pressure rating of 150 pounds per square inch unless otherwise shown on the Plans. 3. Ductile Iron Pipe Joints. All ductile iron pipe and ductile iron pipe fittings shall have Tyton' rubber gasket joints in conformance with ANSI/AWWA Clll/A21.11, latest revision, Ear either push -on joints or mechanical joints. I I ductile iron pipe and fittings shall have a high -build ' protective lining on the interior and a bituminous coating on the exterior except for 6 inches back from the spigot end. The bituminous coating shall not be applied to the first 6 inches of the exterior of the spigot ends. All ductile pipe and fittings shall be delivered to the application facility without asphalt, cement lining, or any other lining on the interior surface. Because removal of old linings may not be possible, the intent of this Specification is that the entire ' interior of the ductile iron pipe and fittings shall not have been lined with any substance prior to the application of the specified lining. 2) Surface Preparation. Prior to abrasive blasting, the entire area which will receive the protective compound shall be inspected for oil, grease, etc. Any areas where oil, grease, or any substance which can be removed by solvent is present shall be solvent -cleaned using the guidelines outlined in ' SSPC-1 Solvent Cleaning. After the surface has been made free of grease, oil or other substances, all areas to receive the protective compounds shall be abrasive blasted with sand or grit abrasive media. The entire surface to be lined shall be ' struck with the blast media so that all rust, loose oxides, etc., are removed from the surface. Any area where rust reappears before coating must be reblasted to remove all rust. a. Ductile Iron lined with a lining. The manufactured have a succe ductile iron 1) Piping. All ductile iron pipe and fittings shall be high -build, multi-compo:aent Amine -cured Novalac epoxy lining system shall be Protecto 401 Ceramic Epoxy as by Vulcan Painters, Inc. The lining applicator shall ssful history of applying linings to the interior of pipe. All 3) Lining. After the surface preparation and within eight hours of surface preparation, the interior pipe shall receive 40 mils .dry film thickness of the protective lining. No lining shall take place when the substrate or ambient temperature is below 40 degrees Fahrenheit. The surface also must be'dry and dust -free. The linings must not be used on the face of the flange. All fittings shall be lined with 40 mils of the protective lining. The 40 mils system shall not be applied in the gasket grooves. 4) Coating of Gasket and Spigot Ends. Due to the tolerances involved, the gasket area and exterior spigot end up to 6 inches back from the end of the spigot end must be coated with 6 mils nominal, 10 mils maximum Protecto Joint Compound, or equal. This coating shall be applied by brush to ensure coverage. Care should be taken that the coating is smooth without excess buildup in the gasket groove or on the spigot end. All materials for the gasket groove and spigot end shall be applied after the application of the lining. 5) Number of Coats. The number of coats of lining material applied shall be as recommended by the lining manufacturer. However, in no case shall this material be applied above the dry thickness per coat recommended by the lining manufacturer in printed literature. The time between coats shall never. exceed that time recommended by the lining material manufacturer. No material shall be used for lining which is not indefinitely recoatable with itself without roughening of ,u! the surface. 6)Touchup and Repair. Protecto Joint Compound shall be used for . touchup or repair. Procedures shall be in accordance with manufacturer's recommendations. Inspection and Certification 1) Inspection. All ductile iron pipe and fitting linings shall be checked for thickness using a magnetic film thickness gauge. The thickness testing shall be done using the method outlined in SSPC-PA-2 Film Thickness Rating. The interior lining of all pipe and fittings shall be tested for pinholes with a nondestructive 2,500 volt test. Each pipe joint and fitting shall be marked with the date of application of the lining system and with its numerical sequence of application on that date. 2)r Certification. The pipe or fitting manufacturer must supply a certificate attesting to the fact that the applicator met the requirements of this Specification, and that the material used was as specified, and that the material was applied as required by the Specification. Outside Coating. All ductile iron pipe shall have an outside coating. The coating shall be a bituminous coating approximately 1 mil thick, except in areas noted above. The coating shall be factory -applied to the outside of all pipe and fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold, nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. Ductile Iron Pipe Joint Lubricant. Joint lubricant shall be provided by the pipe manufacturer.. Polyethylene Encasement. Ductile iron pipe and fittings shall be constructed with polyethylene encasement as specified in Section 413 of these Specifications. 2 1 9. Pipe Bedding Material. Bedding material 3:or DIP sewer pipe shall be as specified in Section 310 of these Specifications. This item shall be considered subsidiary to DIP pipe. No separate payment will be made for bedding material. 10. Crushed Stone Trench Backfill. Crushed limestone trench backfill, where required, shall be aggregate base course, Class 7, as defined in Section 303 of the 1993 Edition of the Arkan9as State Highway Department Specifications. The crushed limestone supplier shall submit certificates stating that the materials provided are in conformance with these Specifications. 11. Independent Laboratory Inspection. All ductile iron pipe and ductile iron pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. If evidence appears that all provisions of the applicable ASTM Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. ' However, the Owner will not be responsible :or job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. C. DUCTILE IRON PIPE SEWER LINE CONSTRUCTION 1. General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required ' under this contract and unload, haul and distribute all pipe, castings and fittings, and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where ' necessary; handle all drainage or groundwater; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. 2. Handling and Storage. Handling and storage shall be as specified elsewhere in these Specifications. ' 3. Construction Sequence. Construction of sanitary sewers shall begin at the low point of the line and continue in orderly succession throughout the work. Any deviation from this procedure shall be made only with the ' specific approval of the Engineer, and only after the right-of-way has been cleared and the entire section staked. and all elevations carefully checked by the Engineer. Unless specifically approved by the Engineer, appurtenances such as 'fittings, manholes, etc. shall be constructed as the work progresses. 4. Requirements Preparatory to Trench Excavat:Lon. In all areas where sewer ' lines and appurtenances are to be constructed and/or repaired, the right of way shall be cleared and the existing surface shall be removed prior to excavation of the trench. Note: There is no separate pay item for clearing or surface removal. These items of work shall be subsidiary to the DIP sewer pipe. These requirements axe dependent upon the type of ' area in which sewer line construction occu::s and are specified elsewhere in these Specifications. 5. Trench Excavation. The trench shall be excavated so that the pipe can be ' laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as set out elsewhere in these Specifications. All excavation shall be in compliance with Subpart P of 3 29 CFR Part 1926 - Occupational Safety and Health Standards - Excavation. 8 It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or sewers. a. Trench Depth and Pipe Bedding. The trench shall be excavated to a minimum of 6 inches below the bottom of the pipe when laid at the required grade. Bell holes shall be excavated in accord with AWWA C600. DIP pipe shall be bedded in pipe bedding material, as specified elsewhere in these Specifications, from a point 4 inches 11 below the bottom of the pipe barrel to the centerline of the pipe. The bedding material shall extend the full width of the excavated trench. (See detail on Plans.) All overexcavation shall be backfilled with bedding material at the Contractor's expense. Material required to backfill overexcavation shall be placed in B inch lifts and thoroughly tamped with mechanical compaction equipment to reach the required grade. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. b. Width of Trench. The Contractor shall at his expense provide pipe bedding material as necessary to completely fill the entire width of the trench as excavated. c. Length. The length the trench may be excavated in advance of installation of sewer pipe shall be limited to the lesser of 150 feet or that length in which installation may reasonably be completed during the workday. .Every trench in rock shall be fully opened at least 50 feet in advance of the place where pipe is being laid or from where cast -in - place concrete operations are in progress. 6. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments,of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before -the pipe is laid, the subgrade shall be made by backfilling with crushed ' stone trench backfill as specified elsewhere in these Specifications, in 8 inch uncompacted layers. The layers shall be hand or machine tamped as directed by the Engineer so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. : Extra payment will be made for the additional trench backfill requiredas crushed stone base in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the Contractor for additional excavation. Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with crushed stone base trench backfill at his own expense. Under no conditions will polyvinyl chloride sewer pipe be laid in a trench that has not been properly: dewatered. No additional compensation will be made to the Contractor for dewatering or removal of muck. - - 8. Installing DIP Pipe and Fittings. DIP pipe and fittings shall be installed to the elevations and grade shown on the Plans and in conformance to the latest revision of AWWA C600, Installation of Ductile - Iron Water Mains and Their Appurtenances.' DIP pipe shall be installed with bedding material as specified elsewhere in these Specifications. Note: There is no separate pay item for pipe bedding material. This item shall be; considered subsidiary to the DIP sewer pipe. Note: The pipe manufacturer shall provide a qualified installation representative at the start of construction to demonstrate proper installation techniques for each size and type of pipe to be installed. 4 9. 1 1 10 Connections to Manholes a. New Cast -in -Place Manholes. Excavation for cast -in -place manhole footings shall be limited to the area to be filled with concrete. The Contractor shall support pipe entering the manhole ALL OF THE WAY to solid bedding by backfilling under the pipe and up to the springline, one-half outside diametar, with concrete. Note: No additional payment will be made fo:: concrete bedding at manhole connections. The concrete bedding shall be subsidiary to the sewer pipe. Waterstop gasket shall be placed on the pipe prior to making manhole connection. b. Existing Manholes. Connections to existing manholes or inlets, where no plugged stubs exist, shall he made by coring a hole in the wall of the existing structure, inserting DIP pipe into the hole complete with flexible waterstop, filling around the pipe with non - shrink grout, and troweling the inside and outside surface of the joint to a neat finish. The bottom of the manhole shall be shaped to fit the invert of the sewer pipe. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed as specified elsewhere in these Specifications. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. Air Testing. DIP sewer lines shall be air tested as specified in Section 428 of these Specifications. END OF SECTION 5 Section 428 LOW PRESSURE AIR TESTING FOR SEWER LINES I I I I IL I C I I I Il I I I The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, supplies, and incidentals necessary for low pressure air testing of all sewer lines. B. TESTING After the sewer line has been installed and manholes constructed, but prior to tying to the existing sanitary system, the Contractor shall proceed to air test all sewer lines to determine if sewers are free cf breaks or other defects which would permit excessive infiltration or exfiltrat:ion. On all gravity flow sewers, the Contractor shall conduct low pressure air tests of the various sections of pipe in accordance with the requirements of ASTM F1417, latest edition. The Contractor shall provide all necessary equipment required for the test. The equipment shall include a regulator to avoid overpressurizing and possibly damaging an otherwise acceptable line. The low pressure air test shall be conducted by plugging each opening in the reach of pipe to be tested. All plugs shall be braced against slippage due to internal pressure, and no one shall be allowed in the manhole during the testing procedure. One of the plugs provided must have aan inlet tap or other provision for connecting an air hose. After connecting the air control equipment to the air hose, monitor the air pressure so that the internal pressure does not exceed 5.0 psig. After reaching 4.0 psig, the air supply shall be throttled to maintain between 4.0 and 3.5 prig for at least 2 minutes in order to allow equilibrium between air temperature and the pipe walls. I1`. plugs are found to leak, the Contractor shall bleed off the air, tighten the plugs, and again begin supplying air. After the temperature has stabilized, the pressure is allowed to decrease to 3.5 psig. At 3.5 psig, the Contractor shall begin timing to determine the time required for the pressure to drop to 3.0 psig. The pipe shall be presumed free of defects if the time, in seconds, for the air pressure to decrease from 3.5 psig to 3.0 psig is greater than that shown in the following table: SPECIFICATION TIME REQUIRED FOR 0.5 PSIG PRESSURE DROP FOR SIZE AND LENGTH OF PIPE INDICA'!ED FOR Q = 0.0015 3 4 i2 Length Time pipe Min. for for Dia. Time Min. Longer (in.) (: Time Length see) (ft) (sec) Specifi cation Time for Length (L) ) Shown (ml n:s ec) bolt 150 ft 200 ft 25!) ft 300 ft 350 ft 400 ft 450 ft 1:53 597 .190L 1:53 1:53 1:53 1:'3 1:53 1:53 1:53 1:53 1 , r 6 2:50 398 .427L 2:50 2:50 2:50 2:50 2:50 2:50 2:51 3:12 8 3:47 298 .760L 3:47 3:47 3:47 3:47 3:48 4:26 5:04 5:42 10 4:43 239 1.187L 4:43 4:43 4:43 4:57 5:56 6:55 7:54 8:54 12 5:40 199 1.709L 5:40 5:40 5:42 7:08 8:33 9:58 11:24 .12:50 15 7:05 159 2.671L 7:05 7:05 8:54 11:08 13:21 15:35 17:48 20:02 18 8:30 133 3.846L 8:30 9:37 12:49 16:01 19.14 22:26 25:38 28:51 21 9:55 114 5.235L 9:55 13:05 17:27 21:49 26:11 = 30:32 34:54 39:16 24 11:20 99 6.837L 11:24 17:57 22:48 28:30 34:11 39:53 45:35 51:17 27 12:45 88 8.653L 14:25 .21:38 28:51 36:04 43:16 50:30 57:42 46:54 30 14:10 80 10.683L 17:48 26:43 35:37 44:31 53:25 62:19 71:13 80:07 33 15:35 72 12.9261. 21:33 32:19 V 43:56 53:52 64:38 75:24 86:10 96:57 36 17:00 66 • 15.384L 25:39 38:28 51:17 64:06 76:55 89:44 102:34 115:23 Any test section less than 100 feet in length shall be tested for the time set out for 100 feet. If by use of the above procedure, defective section(s) of line are found, the line segment shall be tested at 20 foot intervals to determine the exact location of the defect(s). Repairs shall be made in defective section(s) and the entire line segment shall then be retested. End of section 428 • 1 ' g ' Y 2 Section 429 MANDREL TESTING OF POLYVINYL CHLORIDE PIPE SEWER LINE A. GENERAL The work included in this section shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for Mandrel testing of polyvinyl chloride (PVC) sewer lines. PVC sewer lines shall be Mandrelled in conformance with these Specifications. B. MATERIALS Flexible sewer pipes shall be Mandrelled with a rigid device sized to pass 5 percent or less deflection (or deformation) of the pipe. The Mandrel (go/no-go) device shall be cylindrical in shape and constructed with either 9 or 16 evenly spaced arms or prongs. Mandrels with less arms (in odd or even numbers, respectively) will be rejected as not sufficiently accurate. The contact length of the Mandrel's arms shall equal or exceed the nominal diameter of the sewer to be inspected. Critical Mandrel dimensions shall carry a tolerance of ±0.01 inch. Pipe dimensions as contained in ASTM 2680, latest revision, shall be used to compute the Mandrel dimensions. Allowances for pipe wall thickness tolerances or ovality (from shipment, heat, shipping loads, poor production, etc.) shall not be deducted from the base ASTM data, but shall be counted as a part of the 5 percent or lesser deflection allowance. The Mandrel shall be hand -pulled by the Contractor through all sewer lines. Any sections of sewer not passing the Mandrel shall be uncovered and the Contractor shall rebed, reround or replace the sewer to the satisfaction of the Engineer. These repaired sections shall be retested. The inspection shall be conducted no earlier than 30 days after reaching final trench backfill grade, provided, in the opinion of the Engineer, that sufficient water densification or rainfall has occurred to thoroughly settle the soil throughout the entire trench depth. If this cannot be achieved in the time after ' installation prior to the project completion date, then the Mandrel size shall be increased to measure one-third less of a deflection allowance. Drawings of the Mandrel with complete dimensioning shall be furnished by the Contractor to the Engineer for his approval for each diameter and specification of pipe. ' END OF SECTION 429 J I! P H I Section 450 GATE VALVES AND.BUTTERFLY VALVES ' A. GENERAL The work to be included under this section of the Specifications shall consist ' of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the installation of gate valves and butterfly valves. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. ' B. MATERIALS ' Valves specified in this section are intended for buried use on water distribution lines and for use as auxiliary valves for fire hydrants. Unless otherwise shown on the Plans, all valves 12 inches (nominal diameter) and larger shall be butterfly valves. All valves smaller than 12 inches (nominal diameter) shall be resilient seated gate valves. 1. Catalog Data and Assembly Drawings. For all gate valves, butterfly valves and valve boxes hereinafter specified, the manufacturer shall furnish to ' the Engineer prior to delivery, catalog data, including illustrations and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the valve as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for approval by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve. All valves shall be furnished in accordance with the certified drawings after they have been approved by the Engineer. ' 2. Gate Valves (0-200 psi Working Pressure). Unless otherwise shown on the plans, all gate valves furnished and installed shall be resilient seated type, non -rising stem gate valves, in conformance with the requirements of AWWA C509, latest revision, for 'Resilient Seated Gate Valves, 3 Through 12 NPS, for Water and Sewage Systems.' All gate valves shall be designed for a minimum of 200 psi working pressure. All gate valves shall be M&H, AWWA C509 Resilient Seated Gate Valves or approved equal (Waterous, ' Muller, Clow...). a. Stem Seal. All gate valves shall have 'O' ring stem seals. The 'O' ring stem seal shall be so designed that the seal above the stem collar can be replaced with the valve under pressure in the 'full -open position. b. Valve Ends. All gate valves shall have standard mechanical joint ' ends unless tapping valves, valves with flanged ends, or valves of a special nature are indicated on the Plans. c. Operation. All buried gate valves shall be designed for operation ' with a nominal 2 inch square operating nut. The standard direction of opening shall be open left (counterclockwise) as viewed from the top. Where shown on the Plans or specified, handwheels in conformance to AWWA C509 shall be provided. Id. Protective Coating. The interior and exterior of the valve body, bonnet and seal plate shall have factory applied fusion bonded epoxy coating meeting AWWA C550 latest revision. ' e. Testing. The valve shall be tested in accordance with AWWA C509, latest revision. [1 I f. Affidavit of Compliance. The manufacturer shall furnish to the Engineer prior to delivery, an affidavit stating that the valve and all materials used in its construction conform to the requirements of .AWWA C509 and AWWA C550, latest revisions, and that all tests specified therein have been performed and that all test requirements have been met. 3. Butterfly Valves. All butterfly valves furnished andinstalled shall be Class 250B in conformance with the requirements of AWWA C504, latest revision, for 'Rubber. Seated Butterfly Valves.' All butterfly valves shall be. groundhog type, as furnished by Henry Pratt Company, or approved equal. ' a. Body. The valve body shall be constructed of cast iron ASTM A-126, Class B, and shall have integrally cast mechanical joint ends unless alternate valve ends are indicated on the Plans. Body thickness shall be in strict accordance with AWWA C504, latest revision, Class 250B. b. Valve Seats. All butterfly valves shall be of the tight closing, synthetic rubber -seat type, as follows. 1)1 Valves 20 inches (nominal diameter) and smaller shall have bonded seats which are simultaneously molded in, vulcanized and bonded to the body. Seat bond must withstand 75 pounds pull under test procedure ASTM D429, Method B. 2) On valves 24 inches and larger, all seats shall be of a synthetic rubber compound.. Seats shall be retained in the valve- body by mechanical means without retaining rings, segments, screws or hardware of any kind in the flow stream. Seats shall be a full 3600 without interruption and have a plurality of grooves mating with a spherical disc edge seating surface. Valve seats shall be field adjustable around the full•360° circumference and replaceable without dismantling operator, disc or shaft and without removing the valve from the line. 'Manufacturer shall certify that rubber seat is field replaceable. c. Valve Discs. Valve discs shall be as follows. 1) Valves 12 inches through 20 inches nominal diameter: Valve discs shall be constructed of alloy cast iron ASTM A-436, Type 1. 2) Valves 24 inches nominal diameter: Valve discs shall be cast iron with a stainless steel seating edge. 3) Valves 30 inches through 48 inches nominal diameter: Valve discs shall be ductile iron with a_ stainless steel seating edge. d. Valve Shaft and Bearings. The valve shaft shall be constructed of stainless steel and the bearings shall be corrosion resistant and self-lubricating. e. Operator. The valves shall be equipped with a totally enclosed type operator, fully gasketed and grease packed, suitable for direct burial.The operator shall be designed for operation with a nominal 2 inch square operating nut for use with a T -wrench. Operators shall be designed to open with a counterclockwise rotation of the operator nut. f. Protective Coating. All valves shall have factory applied fusion bonded epoxy coating meeting AWWA C550 latest revision. 2 I I I I 4. I I I 5. I I 1 6. 7. I i C. g. Testing. The valve shall be hydrostatically tested at 250 psi for leakage in accordance with AWWA C504, latest revision. h. Affidavit of Compliance. The manufacturer shall furnish to the Engineer prior to delivery, an affidavit stating that the valve and all materials used in its construction conform to the requirements of AWWA C504, latest revision, and that all tests specified therein have been performed and that all test requirements have been met. Outside Coating. Unless noted otherwise on the Plans, all butterfly valves shall have factory applied fusion bonded epoxy coating meeting AWWA C550 latest revision. Bituminous coatings are not allowed. Where valves are specifically shown and detailed on the plans to be painted, the following specification for factory primed valves shall apply: Factory Primed Valves. Unless otherwise shown on the Plans, all exposed valves within the limits of structure walls or any valves exposed above ground shall be delivered to the job site factory blasted, cleaned and primed with one coat of Kop-Coat 340 Gold Primer or Kop-Coat 622 LCF Primer, or approved equal. Valve Boxes. All buried valves shall be equipped with cast iron valve boxes. The valve boxes, including all appurtenances, shall be cast iron. The valve box and appurtenances shall consist of a base, extensions as required, and a top section with a drop lid. The lid shall be marked with the word 'WATER.All valve boxes shall be compatible with the gate or butterfly valves for which they are provided. The manufacturer shall submit three sets of drawings prior to delivery for approval by the Engineer, showing the principal dimensions, construction details, and materials used in construction of the valve box. Concrete. All concrete used for the placement of valve box collars shall be in conformance to the Concrete section of these Specifications. Tapping Sleeve and Valve. The Contractor shall provide and install tapping sleeves and tapping valves designed for use on 200 psi water line pipe at the locations shown on the Plans. The tapping sleeve and valve shall be mechanical joint. The tapping sleeves shall be JCM Type 432 (lines 6" - 12") JCM 412 (12" lines and above), or approved equal. The valve shall be as specified above and shall have mechanical joint flanges. All valves shall be installed at the locations shown on the Plans or at the direction of the Engineer, and shall be installed in accordance with the detail sheet of the Plans and these Specifications. 1. Valve Installation. Gate and butterfly valves shall be installed in accordance with AWWA C600, latest revision, Sections 3.3 and 3.6, and with either AWWA C504 or AWWA C509, as applicable, latest revisions (appendices included), the manufacturer's recommendations, and these Specifications. 2. Visual Inspection. Prior to installation, all valves shall be visually inspected for defects, and any foreign material in the valve interior removed. 3. Valve Boxes. A valve box as specified shall be provided for each valve used in a buried service application. The valve box shall be installed so as not to transmit shock or stress to the valve. The valve box shall be centered and plumb over the operating nut of the valve with the box cover flush with the surface of the finished surface. The valve box shall be backfilled evenly around its perimeter with select material. The material shall be hand tamped so that the ground will not settle after placement of the concrete collar. - I 4 5. Valve Box Collar. All valve box lids shall have an 18 inch square concrete collar placed around them. The collar shall be centered on the valve box lid and shall be 6 inches thick. The top of the pad shall be flush with the top of the box and the surrounding ground or roadway surface. Valve box collars shall not be constructed until every item of cleanup has been completed. Dead Ends. Valves located at the end of pipelines shall have ductile iron plugs or caps with or without blowoff cocks as shown on the Plans. All dead end valves shall be restrained or blocked as shown on the Plans. Y END OF SECTION 450 t n n Section 461 PLACING PIPE PROTECTION COVER AND COMPACTED BACRFILL SEWER AND WATER ' A. GENERAL The work to be included under this section of the Specifications shall consist Pot providing all materials, labor, equipment, tools, supplies, and incidentals necessary for backfilling areas excavated during the construction of sewer lines, manholes, force mains, water lines, valves, fittings, fire hydrants, and other appurtenances. The work shall include every item of construction necessary for Pa complete and acceptable installation as shown on the Plans and hereinafter specified. Areas of construction within creek or river crossings, county roads, or state highways shall be backfilled in accordance with other sections of these Specifications. B. MATERIALS Granular Base Backfill. Granular base backfill (where specified) shall be ' aggregate base course, Class 7, as defined in Section 303 of the 1993 Edition of the Arkansas State Highway Department Specifications. The Contractor shall submit suppliers' certificates stating that the material provided is in accordance with these Specifications. C. CONSTRUCTION Areas excavated for the construction of sewer lines, manholes, force mains, water ' lines, valves, fittings, and other appurtenances shall have pipe protection cover placed, and shall be backfilled in accordance with these Specifications. 1. Pipe Protection Cover. Pipe protection cover to a depth of 12 inches ' above the top of the bedding material, shall consist of select material free from rocks larger than 2 inches, and may require hand placement. However, should the material excavated from the trench be sufficiently free of rock larger than 2 inches, the trench may be machine backfilled. ' Should the excavated material not be suitable for machine backfill or hand placement, the Contractor may, at his option, use granular base to a depth of 12 inches above the top of the pipe. The trench may then be backfilled as outlined below. ' When pipe construction is within or crossing curb and gutter, parking lots, a street or other driving surface, the pipe protection cover shall consist of granular base trench backfill as defined above. The pipe ' protection cover shall be placed from the top of the bedding or embedment of the pipe to a point 12 inches above the top of the pipe by the trench width. ' 2. Pipe Detection Tape. Pipe detection tape shall be installed in accordance with Section 414, PIPE DETECTION TAPE. I Backfilling. After the pipe protection cover has been placed, the trench, excavated areas around manholes, valves, fittings, fire hydrants, and other appurtenances shall be backfilled with excavated material free from rock larger than 12 inches and in accordance with the following Specifications, depending upon the type of area in which excavation occurs. Extra care shall be exercised around material is placed evenly around the shall not be backfilled prior to 12 been removed. manholes to assure that the backfill perimeter of the manhole. Manholes hours after the manhole forms have a. Compaction. All pipeline trench backfill shall be placed in layers of, appropriate thickness and compacted using a mechanical, hydraulically -powered vibratory trench compactor or other equivalent equipment. Heavy compaction equipment shall not be used closer than 2 feet to the top of the pipe. Any backfill failing to meet the compaction requirements set out below shall be replaced and/or ,nl recompacted until the backfill materials meet the compaction specifications. Any costs associated with replacement, recompaction and testing shall be borne by the Contractor. - Al]. trench backfill (except under paved or driving surface areas as detailed below) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soil. In areas where the trench is parallel to or crosses any paved area or driving surface including streets,_ -parking lots or driveways, the pipe protection cover and the backfill shall be crushed stone trench backfill as specified in Section 300 CRUSHED STONE BASE (AHTD Class 7) The Crushed stone trench backfill (aggregate base course, Class 7) shall be placed in 6 to 8 inch lifts and compacted to 95 percent modified Proctor density (ASTM D1557-78). One density test per crossing shall be required. Where the trench runs mostly parallel driv ing the or paved surface one density test shall be required per 250 feet or portion thereof. An additional test will be made for each test failure at approximately 100 feet either side .of failing test. The Engineer shall select the specific location for testing. Driving surface repairs shall be made in accordance with the Specifications governing the type of pavement repair to be made. In areas to be topsoiled, the density of the backfill material shall be tested at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil. The cost for performing all density tests shall be borne by the Contractor. The test shall be performed by a qualified soils laboratory acceptable to the Engineer. b. Lawns, Gardens and Other Well -Kept Areas. After the pipe protection cover has been placed, the trench shall then be backfilled and compacted with excavated material. Topsoil stored along the trench line shall then be replaced to a minimum depth of 6 inches over the trench and 3 inches over all damaged surfaces. In the event there is insufficient topsoil stored along the• ditch line to accomplish the topsoiling requirement, -the Contractor shall haul in additional topsoil to meet this requirement and shall do so without additional cost to the Owner. The topsoil over the trench shall be left slightly rounded in order to allow for some settlement. It is the intent of these Specifications to insure that no settlement of the trench occurs after seeding and mulching the areas. In the event I1' such does occur, it will be the responsibility of the Contractor. to repair the settled areas. c. Mowed or Cultivated Areas (Excluding Gardens). The requirements for backfilling in these areas is identical to that specified in paragraph 2.b above, except that it is the intent of the Specifications to replace the top 6 inches of the soil using the excavated topsoil, regardless of the quality of that material. Only when the Contractor allows the material excavated from the top of the trench to become mixed with the remaining excavation will he be required to haul in additional material to replace the top 6 inches. If. the Contractor is required to haul in additional material, he shall haul in topsoil free of roots, weeds, clay and rocks, and from a source approved by the Engineer, and shall do so without additional cost to the Owner. 2 I 4. 5. 1 1 1 1 1 d. Steep, Wooded or Rocky Areas. After the pipe protection cover has been placed, the trench shall be backfilled with excavated material. The trench shall be compacted to insure that the backfill has been thoroughly consolidated. The trench backfill material shall be left slightly roundedhto allow for additional settling. e. Sidewalks, Curb and Gutter Crossings. In all areas where excavation crosses or is parallel to and within the limits of a sidewalk or curb and gutter, the trench shall be backfilled with aggregate base course, Class 7, as specified in paragraph 2.a above, which shall be compacted in accordance with the requirements of 2.a above. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. Replacement and repair of driving surfaces, sidewalks, ani shall be as specified elsewhere in these Specifications. END OP SECTION 461 gutter E I Section 462 FLUSHING, HYDROSTATIC TESTING, DISINFECTION AND DYNAMIC TESTING OF WATER LINES ' A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the flushing, hydrostatic testing, disinfection, and dynamic testing of water lines. ' B. MATERIALS Water. Water for flushing, testing and disinfecting all facilities will be supplied by the Owner. The Contractor shall schedule and coordinate this work Ito ensure that it will not be carried on during periods of high water usage. Water valves on the existing water system shall only be operated by, or under the direct personal supervision of the City of Fayetteville Water Department. IC. FLUSHING, TESTING AND DISINFECTION After completion of construction of all water lines, the Contractor shall flush, test and disinfect the new water lines as set out below. The Contractor shall carefully manage his flushing, testing and disinfection activities to minimize the wastage of water. A reasonable amount of water will be furnished to the Contractor by the Owner, free of cost to the Contractor. If the Contractor requires additional amounts of water due to water line breaks, neglect on the part of the Contractor, or poor management of his activities, water shall be ' purchased from the Owner at their bulk rate. 1. Flushing. The Contractor shall fill and flush the newly constructed lines and visually check all combination air release and vacuum valves, blowoff valve assemblies, line valves, and fire hydrants to assure proper operation. 2. Hydrostatic Testing. All pipe on this project shall be tested as set out in ANSI/AWWA C605-94, latest revision. Tests will be conducted only after the line is completed, including all taps and meter settings as required and the backfill completed. These tests shall be performed by the Contractor in the presence of the Engineer or Engineer's representative. The Contractor shall furnish all necessary pressure gauges, meters, and pumps and make all taps and connections. I I I I I I Each valved section of pipe shall be slowly filled with water and the specified test pressure shall be applied by means of a pump connected to the pipe in a manner satisfactory to the Engineer. Before applying the test pressure, all air shall be expelled from the pipe by permanent taps or corporation cocks where necessary. Test Pressure and Duration. Test pressure shall be the greatest of 150 percent of the static pressure or 200 psi, whichever is greater. The Engineer will assist the Contractor in determining test pressure at any given point. The Contractor shall provide all pumps or other equipment necessary to maintain the test pressure within ±5 pounds per square inch at the test point for a period of two hours. Definition of Leakage. The leakage test shall be conducted concurrently with the pressure test. Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain pressure within S psi of the above specified test pressure after the air in the pipeline has been expelled and the pipe has been filled with water. I I The Contractor shall be responsible for providing all pumps, equipment and appurtenances necessary to maintain the above specified test pressure, and to meter the water supplied to the line in order to -maintain the test pressure within the limits specified. c. Allowable Leakage. Leakage for water pipe shall be within the limits •set out in ANSI/AWWA C605-94, latest revision. No pipe • installation will be accepted until the leakage is less than the • number of gallons per hour as determined by the formula: L = SD✓i 7,400 Where L = allowable leakage, in gallons per hour S = length of pipe, tested, in feet D = nominal diameter of the pipe, in inches P = average test pressure during the leakage test, in pounds per square inch (gauge) Should any test of pipe laid disclose leakage greater than that specified, the Contractor shall, at his own expense, locate and repair the defective joints, and retest the line until the leakage is within the specified allowance. d: Visible Leaks. All visible leaks shall be repaired regardless of the amount of leakage. 3. Disinfection. After successful testing, the Contractor shall flush the line at a velocity equal to or greater than 2.5 feet per second. The line shall then be disinfected in accordance with ANSI/AWWA C651, latest revision, for 'Disinfecting Water Mains,' continuous feed method.,except that the placing of hypochlorite granules into the main during construction will not.be permitted. .. The contractor shall take great care when flushing the line to assure proper drainage is available to prevent harm at any adjacent or downstream, location. - Disposal, of the disinfecting water shall bewin a manner that will protect the public, and the receiving waters from harmful concentrations of chlorine. .Disinfecting water shall be diluted or otherwise have the chlorine. concentration diluted in a mariner approved by -the Engineer. The transmission line and facilities shall be considered sterilized after the Owner has received negative reports on samples taken along the line and at. each facility and sent to the Arkansas Department of Health for testing. Negative reports must be received on samples taken at 24 -hour intervals. The Owner shall obtain and deliver samples to the Arkansas Department of Health for testing. After sterilization is complete, the Contractor shall then flush the sterilizing solution. from the lines, and the treated water lines will then be placed into service.' The Contractor shall furnish .personnel to assist the Owner in the operation of all valves, etc., to initially start up the system, if requested to do so by the Owner. 5. Acceptance. Upon successful completion of the sterilization, the dynamic . - test, and final cleanup, the water line will be considered complete. END OF SECTION 462 P II I I 0 I I I 0 0 I [ 2 Section 472 FIRE HYDRANTS ' A. GENERAL The .work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of fire hydrant assemblies. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. ' B. MATERIALS 1. Catalog Data and Assembly Drawings. For all fire hydrants, auxiliary gate valves and valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer prior to delivery, catalog data, including illustrations and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the fire hydrant as well as in ordering repair parts. The ' manufacturer shall also submit three sets of certified drawings for review by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve. All valves shall be furnished in accordance with the certified drawings after they have been reviewed by the Engineer. I LJ I I I I I 11 I I H I Fire Hydrants. All fire hydrants furnished and installed on this project shall be dry barrel hydrants in conformance with AWWA C502, latest revision, for Dry Barrel Fire Hydrants,' and shall be designed for a working pressure of 200 pounds per square inch gauge. Pressure class 200 fire hydrants shall be three-way, painted white above the ground line with reflective paint 7216 3M. Approved fire hydrants are Mueller Centurion hydrants, Catalog No. A-423 or Waterous 5 1/4" WB67-90. a. Hydrant Inlet. The hydrant shall have a 6 inch mechanical joint inlet in conformance to the dimensions shown in ANSI/AWWA C110/A21.10, latest revision. b. Main Valve Openings. Three-way hydrants shall have a 5-1/4 inch valve opening. c. Fire Hydrant Connecting Pipe. The connecting pipe shall be ductile iron pipe as specified elsewhere in these Specifications. Three-way hydrants shall have 6 inch connecting pipes. d. Hydrant Barrels and Extensions. All fire hydrants shall be equipped with a two-piece barrel having a flange at the ground line. The pipe shoe shall be designed for a minimum 42 inch bury. However, the Contractor shall provide extensions (Mueller A-320 or equal) as necessary to set the hydrants to the proper elevations at each location. e. Nozzles. Three-way hydrants shall be equipped with two 2-1/2 inch hose nozzles and one 4 inch pumper nozzle. f. Operating Nut. The operating nut shall be a nominal 1-1/2 inch pentagon, National Standard operating nut designed to open left (counterclockwise). g. Safety Stem Coupling and Safety Flange. All fire hydrants shall be equipped with a safety stem coupling and flange which are intended to fail upon vehicle impact without damage to the stem or main valve. h. Testing. All fire hydrants shall be tested in accordance with AWWA C502, latest revision. i. Affidavit of Compliance. The manufacturer shall furnish to the Engineer, prior to delivery, an affidavit stating that the fire hydrant and all materials used in its construction conform to the requirements of AWWA C502, latest revision, and these Specifications, and that all tests specified therein have been performed and that all test requirements have been met. 3. Auxiliary Gate Valves, Valve Boxes, and Valve Box Collars. All fire hydrant installations shall have auxiliary gate valves, valve boxes, and valve box collars meeting all provisions specified elsewhere in these Specifications. 4. Connecting Pipe. The fire hydrant assembly shall have a connecting pipe II between the mechanical joint end of the auxiliary gate valve and the fire hydrant. The connecting pipe shall be of the length shown on the Plans and shall be a locked hydrant adapter so that no joint separation will occur under pressure. 5. Concrete. All concrete used for reaction backing and valve box collars shall be in conformance with the Concrete section of these Specifications. There is•no additional pay ..for concrete for reaction backing or for valve box collars. 6. Polyethylene encasement and Pipe Detection tape. Polyethylene encasement and pipe detection tape shall be provided as specified in Sections 413 and 414. C. CONSTRUCTION All fire hydrants shall be installed at the location shown on the Plans or at the direction of the Engineer,and shall be installed in accordance with the detail sheet of the Plans and these Specifications. 1. Examination of Material. Prior to installation, all hydrants shall be inspected for direction of opening, cleanliness of inlet elbow, handling damage, and cracks. 2. Placement. All hydrants shall stand plumb within a tolerance of 1/8 inch horizontally in 12 inches vertically. The nozzles shall be parallel with, or at right angles to, the street with the pumper nozzle facing the curb. -Hydrantsp'shall be set to established grade with the nozzle centerline at least 18 inches above the ground, unless otherwise directed by the Engineer,, - n 3. Location. Unless otherwise shown on the Plans, the hydrants shall be 11 placed as follows. a. When placed beyond the curb, the hydrant barrel shallbe set so that no portion of the pumper or hose nozzle cap will be less than 6 inches nor more than 12 inches from the gutter face of the curb. b. When set in the.lawnspace between the curb and the sidewalk, or between the sidewalk and the property line, no portion of the hydrant or nozzle cap shall be within 6 inches of the sidewalk. II • 4. Connection to Mains. Each hydrant shall be connected to the main with a 6 inch ductile iron pipe branch and independent 6 inch gate valve as shown on the Plans. The 6 inch branch of the main line fittings shall be equipped with retaining•lip and swivel gland for positive restraint without tie rods. 5. Hydrant Drainage in Pervious Soil. Wherever a' hydrant is set in soil that is pervious, drainage shall be provided at the base of the- hydrant by placing coarse gravel or crushed stone mixed with coarse sand from the top of the concrete reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance of 1 foot around the elbow. No drainage system shall be connected to a sewer. 6. Hydrant Drainage in Impervious Soil. Wherever a hydrant is set in clay or other impervious soil, drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with sand from the . :top of the reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance 3 feet around the elbow.- No drainage system shall be connected to a sewer. 7. Reaction Backing. The bowl of each hydrant shall be braced against unexcavated earth at the end of the trench with concrete. reaction backing as shown on the Plans or directed by the Engineer. IN NO CASE SHALL THE • CONCRETE BACKING BLOCK OR IMPEDE FLOW FROM THE FIRE HYDRANT DRAIN PORTS. • END OF SECTION 472 t e 2 Section 475 TWO (2) INCH FLUSHING/BLOWOFF ASSEMBLIES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of a 2 inch flushing/blowoff assembly. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. ' B. MATERIALS 1. Assembly. The two inch blow off assembly shall be a post flushing hydrant ' with detachable upper barrel as the "Aquarius one -o -one" as manufactured by Gil Industries, or approved equal. 2. Pipe Fittings. As defined elsewhere in these specifications. ' 3. Two inch water line. As defined elsewhere in these specifications. 4. Storage/Meter box. The storage/meter box with lid shall be City of Fayetteville standard of appropriate depth for the installation. 5. Concrete. All concrete used for reaction backing and valve box collars shall be in conformance with the Concrete section of these Specifications. There is no additional pay for concrete for reaction backing. 6. Class 7 Aggregate. The aggregate drain media shall be class 7 aggregate as specified elsewhere in these specifications. ' 7. Polyethylene encasement and Pine Detection tape. Polyethylene encasement and pipe detection tape shall be provided as specified elsewhere in these specifications. ' C. CONSTRUCTION. ' The location of the 2 inch blowoff shall be as generally set out on the Plans and as detailed. However, the exact location as well as the orientation and length of the piping shall be determined in the field by the Engineer to ascertain that the vertical riser extends above natural grade. The valves shall be installed ' in accordance with the detail(s). All surface area disturbed in the construction of the 2 inch blowoff shall be cleaned up and repaired as specified elsewhere in theses specifications. D. Measurement and Payment. The measurement and payment for the two inch flushing/blowoff assembly shall be as defined in section 110 MEASUREMENT and PAYMENT. END OF SECTION 475 I E I 1 I Section 477 MAIN LINE ENCASEMENT A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of a bore and encasement for the main water or ' sewer lines as shown on the plans. The bore and encasement work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Steel casing pipe. For casing up to 24 inch in diameter provide smooth ' wall steel pipe with a minimum wall thickness of 1/4 inch in accordance with ASTM A 53. The pipe shall be continuously welded at joints for a rigid, watertight encasement. ' 2. Water or sewer mains. All water and/or sewer main lines shall be as specified elsewhere in these specifications. 3. Casing Spacers. Carrier pipe shall be centered within the casing by ' use of model CCS stainless steel casing spacers as manufactured by Cascade Waterworks of Yorkville, IL or approved equal. 4. Polyethylene encasement and Pipe Detection tape. Polyethylene encasement and pipe detection tape shall be provided as specified elsewhere in these specifications. IC. CONSTRUCTION The encasement pipe shall be jacked or bored at the lines and elevations as required on the plans. The carrier pie shall be centered within the casing ' spacers. The spacers shall be spaced not to exceed 6.67 feet. The ends of the casing pipe shall be sealed with a minimum 18 inch concrete plug. The casing pipe shall be itself encased in polyethylene per specification section 413. ' END OF SECTION 477 I I I ILJ I 1 I Section 479 SERVICE CONNECTIONS A. GENERAL ' The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of the service connections. The work to ' accomplish the service connections shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS The materials for water main taps, service lines and meter box assemblies ' shall be : copper pipe ............................ type K soft copper 3/4 inch corporation stop ................. Mueller B-25008 ' 3/4 inch U branch, 7 1/2 inch width ...... Mueller H-15363 5/8 x 3/4 x 12 inch meter yoke ..........,. Mueller H-1402 3/4 inch tail piece ....................... Mueller H-14222 18 inch cast iron flat meter lid .......... C-109 Crouch Foundry I 18 x 24 inch PVC meter box, #501824 0.30T .275 wall thickness ............. Mueller/McCullough Tapping saddles for water main taps for PVC and ductile shall be as manufactured by Mueller and Romac respectfully. C. CONSTRUCTION ' The service lines shall extend from the main to the meters as shown on the plans. ' Service lines shall be polywrapped and trace wire extended from the main into the meter box. D. Measurement and Payment. The measurement and payment for the various types of service connections shall be as defined in section 110 MEASUREMENT and PAYMENT. END OF SECTION 479 1 fl Li L I I 1 ' Section 482 CAST -IN -PLACE MANHOLES I I I I I I I 7 Li I I n U I I_I I I A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of standard and drop cast -in -place manholes. The work shall include every item of construction necessary for a complete and acceptable installation of 6 foot and 4 foot diameter manholes as shown on the Plans and hereinafter specified. Precast, brick, masonry, or vitrified clay radial block manholes will not be accepted for use on this project. B. MATERIALS 1. Concrete. Concrete used in the construction of standard and drop cast -in - place manholes shall be as specified elsewhere in these Specifications. 2. Mortar and Grout. Mortar or grout used in the construction of manholes shall be mixed in the proportion of one part of Portland cement and two parts mortar sand as defined elsewhere in these Specifications. The mixture shall be dry -mixed until it has a uniform color, after which water shall be added and the mixing continued until the mortar has a consistency such that it can be easily handled and spread with a trowel. Mortar or grout that has not been used within 30 minutes after water has been added shall not be used. 3. Manhole Rings and Lids. All castings for manhole frames, covers and other purposes must be of tough gray iron, free from cracks, holes, swells and cold shuts, shall be of workmanlike finish, and shall conform to the Plans. All mating surfaces shall be machined fit. The quality shall be such that a blow from a hammer will produce an indentation on a rectangular edge of the casting without flaking the metal. Before leaving the foundry, all castings shall be thoroughly cleaned and subjected to a hammer inspection. Manhole rings and lids shall be in accordance with the dimensions shown on the Plans. 'Sanitary Sewer' shall be cast on lids. All manhole rings and lids, whether or not in street surfaces, shall be not less than 290 pounds combined weight, similar to Vulcan Foundry No. V- 1348-2, or 300 pound Neenah No. 1726 or approved equal. 'Watertight' manhole rings and lids, where called for on the Plans, shall be Vulcan No. VM-50 Special, or equal. Manhole lids shall be of solid construction without any openings of any type. Manhole lids shall have non -penetrating type pick slot. 4. Stubouts. Stubouts as required shall be the same sewer pipe material as the main sewer line. Stubouts shall be length as shown on the Plans and shall have a watertight plug placed in the end of the pipe. The watertight plug shall be blocked as required for the low pressure air testing of the stubout. 5. Waterstop Gasket. Waterstop gasket shall be as specified in the Pipe Section of these Specifications. C. EXECUTION 1. Excavation for Manholes. Excavation for manholes will be made of such dimension and depth as to allow the construction of the manhole as shown on the Plans. No extra payment shall be made for manhole excavation, and all surface removal shall be as specified elsewhere in these Specifications. 2. Base. The concrete base shall have a minimum thickness of 12 inches and shall be poured on undisturbed earth. The base shall be poured so that the top of the base outside the barrel is a minimum of one-half of the inside diameter above the invert of all pipes entering the manhole. The base shall have a minimum diameter of 2 feet 0 inches greater than the I 1 outside diameter of the finished manhole barrel. Prior to pouring the base, any water in the excavation shall be removed, and the base poured in the dry., 3. Connections to Manholes. Pipe connections to manholes are a constant source of potential trouble. In order to ensure that pipe will not break immediately adjacent to the manhole, care shall be taken that excavation for the manhole bottom is limited to the area to be filled with concrete. The Contractor shall support pipe entering the manhole ALL OF THE WAY to solid bedding by backfilling under the pipe and up to mid-springline with concrete. 4. Invert. {The invert of the manhole shall be hand -placed and shaped using concrete` as specified. The base and barrel of the manhole shall be cleaned thoroughly prior to placement of the invert. The invert shall be shaped and smoothed so that the manhole will be self-cleaning and free of areas where solids may be deposited as sewage flows through the manhole. The entire diameter of each pipe entering the manhole barrel shall be cut smooth with the inside edge of the manhole barrel and the invert shaped throughout from all. inlet pipes to the outlet pipe. 5. Manhole ',Barrels. The minimum thickness of manhole barrels shall be 8 inches. j The barrel may be poured monolithically, with the base, or the barrel forms may be set as soon as the concrete base has cured enough to support the forms. Except where 6 foot diameter manholes are called for on the Plans or specified, all manholes shall be 4 feet indiameter as shown on the Plans details.: Prior to setting the manhole forms' in place, any water that may have accumulated in the excavated area shall be pumped out and the concrete base thoroughly cleaned.. All concrete shall be poured in a dewatered excavation. Construction joints shall be provided with keyway as shown on the detail .sheet of the Plans. 6. Manhole Steps. Manhole steps are not allowed. 7. Manhole Heights. Manholes are to be built to the existing ground surface unless otherwise noted on the Plans or directed by the Engineer. 8. Drop Manholes. Drop manholes, unless otherwise shown on the Plans, shall be constructed at all manholes where the difference in invert elevation between, incoming and outgoing sewer is 2 feet or more. Drop manholes shall be constructed of the same material and dimensions as are standard manholes, the only difference being in the inlet arrangements as shown on the standard detail sheet. 9: Curing.. Curing compounds or covers may be used at the option of the Contractor. However, it will be the responsibility of the Contractor to protect the concrete to prevent cracking during the curing process and to protect the manhole during freezing temperatures. The Engineer shall, at his discretion, prohibit pouring concrete during periods of extreme cold or inclement weather. 10. Backfilling. The manhole shall be backfilled evenly around its perimeter no less than 12 hours after the forms have been removed. Extra care shall be taken to compact all backfill to the top of the highest pipe entering the manhole. All backfilling shall be as specified elsewhere in these Specifications. 11. Watertightness. All manhole exterior walls shall be coated with two coats of asphalt emulsion. All manholes constructed shall be watertight and show no visible evidence of infiltration, and shall be tested in accordance with this Specification. The test shall be conducted by the Contractor in the presence of and in coordination with the Engineer. Manhole testing shall be as set out below: 2 Vacuum Test. All incoming and outgoing sewer lines shall be plugged and vacuum drawn on manhole. The Contractor shall furnish suitable apparatus, such as manufactured by P. A. ' Glazier, Inc., or equal, made for such purpose. The test shall pass when the vacuum has been brought to 10 inches of mercury (Hg) and remains or drops to no more than 9 inches Hg in a time greater than one minute. ' All manholes which fail the test shall be repaired or a new manhole constructed at the expense of the Contractor. Manholes which fail the test shall be retested after remedial measures are completed. ' 12. Stubouts. Stubouts shall be constructed at the locations shown on the Plans. The stubout shall be constructed in the direction and shall be the size as shown on the Plans. The stubout shall be bedded and backfilled as ' shown on the detail sheet of the Plans and as specified for the type of sewer pipe used. After the stubout installation is complete, all stubouts shall be tested as specified elsewhere in these Specifications for the type of pipe used. A 2 inch x 4 inch treated location stake shall be installed at the end of the stubout to mark the location. I I I I I C I I END OF SECTION 482 1 U ' Section 487 PIPELINE CLEANUP AND SEEDING I I I I I I I I I I I I I I I Li A. GENERAL Cleanup shall be considered an important part of this project, and adequate equipment and qualified personnel shall be applied to this phase of the work from the very beginning of the project. Seeding and placing of straw mulch shall not be done during the period of June 15 through September 15 without special permission from the Engineer. There is no separate pay item for cleanup, and this work shall be considered subsidiary to the unit price bid for pipe. There are generally four classifications of cleanup to be used on this project, as set out below. Class I Cleanup. Areas of construction within lawns, gardens, or other well -kept areas, including street rights of way that are kept as lawns by adjacent landowners. Class II Cleanup. Areas of construction within fields, meadows and street rights of way which are mowed or cultivated (gardens excepted). Class III Cleanup. Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it is not practical for the area to be cultivated. Special Cleanup. Unless otherwise noted under paragraph B.4 of this Specification, no special cleanup will be required. B. METHOD OF CLEANUP The method of cleanup for each of the classes defined above shall be as set out below. 1. Class I Cleanup - Lawns, Gardens, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the topsoil has been replaced to the same depth as adjacent undisturbed areas over the damaged areas, the Contractor shall proceed immediately to hand rake the entire construction area to remove all rock 1/4 inch or larger in diameter. Debris of every type shall be removed and all damaged tree limbs shall be pruned. After the area has been raked and accepted, it shall be seeded at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent expressed in terms of weight). Lawn Fescue 40% Blue Grass 30% Rye Grass (Annual) 30% During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square. feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Where the existing ground cover does not contain any of the grasses as set out in the seed mixture above (Bermuda grass, Zoysia, etc.). the Contractor shall be responsible for cutting, removing stockpiling and saving the existing sod on the job site. After constructing the water 1 line and.backfilling the trench, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and installing new solid sod of the existing type to complete the cleanup. 2. Class II,Cleanup - Fields, Meadows, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the backfill is completed and the surface over the trench left slightly rounded, the area shall be machine raked to remove all rock to a condition equal to the existing surface on the better side of the adjacent existing right of way. All excess excavated material shall be removed from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual trench excavation. Seeding and fertilizing of these areas is required using the seed mixture and application rates set out below (percent expressed in terms of weight). H Field Fescue 40% Rye Grass (Annual) 40% White Clover (Common) 20% After the area has been accepted, it shall be seeded at the rate of 0.15 pounds per 100 square feet. During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Where the existing field grass is Bermuda, or other type not specified above, the Contractor shall place such topsoil as required, and shall seed with the existing type grass so that an equivalent ground cover will be provided. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. 3. Class III Cleanup - Steep, Wooded or Rocky Areas. The trench shall be backfilled in accordance with the Pipe Specifications. After the trench backfill is complete, all damaged brush of every type shall be cut just below ground surface and all damaged limbs shall be trimmed. All brush and debris shall be disposed of by the Contractor and the entire area shall be. machine raked so that the area of construction is in a condition equal to the existing surface on the better side of the existing adjacent right of way. The area of the trench line shall then be seeded and fertilized at the rate of 0.15 pounds per 100 square feet using the same seed mixture, fertilizer and application rates as set out under Class II cleanup, except that tall fescue (Kentucky 31) shall be used in place of field fescue. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide :a thickness of approximately 2 inches when first spread. 4. Special Cleanup and Restoration Requirements. II All work which is performed in the street as required and shown on the plans, shall be left in a clean and neat manner in accordance with the plan details. 5. All Areas. All work within the construction area shall be cleaned to the 2 I Li I I I I I I F I I I I I I I Li satisfaction of the Owner. In general, all rocks, trash or rubbish of any nature shall be removed from the site of the work. During construction, the Contractor shall at -all times keep work areas in a clean, neat and workmanlike condition. txcess pipe, excavation, brush and materials of construction shall be removed and disposed of as the work progresses. In built-up areas, including lawns, the job site shall be cleaned up immediately behind construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. If the trench should settle while the Contractor is still on the job or within one year of the project completion date, the Contractor shall make the required repairs at no additional cost to the Owner in accordance with the continuing responsibility provisions of these Specifications. Failure of Contractor to make necessary repairs during the one year period will be cause for Owner to make or contract for such repairs and invoice the Contractor for all costs. Restoration of Damaged Surfaces and Property. Where any pavement, trees, shrubbery, fences, poles or other property and surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the contract documents, state laws, municipal ordinances, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. Access after Construction. Unless otherwise directed, all areas shall be graded after construction so as to be accessible by four wheel drive vehicle. END OF SECTION 487 I I Li Section 488 TIE-IN OF SEWER LINE TO EXISTING LINES AND INTERCEPTORS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the construction of the tie-ins at the locations shown on the Plans. B. MATERIALS The Contractor shall provide Portland cement concrete as specified elsewhere in these Specifications for construction of transition inverts in the existing manholes. C. EXECUTION The Contractor shall plugging upstream mar the dewatered section tie-in. The Contractor shall Section 100 of these dewater the line on which the tie-ins are to be made by hole(s) and providing bypass pumping of wastewater around for the duration of the activities required to complete the coordinate tie-ins to the existing system as specified in Specifications. END OF SECTION 488 Section 491 STREET AND COUNTY ROAD CROSSINGS IA. GENERAL This item shall consist of providing all labor, equipment, tools, supplies and incidentals necessary for the crossing, maintaining and restoring streets and ' roads to the satisfaction of the City of Fayetteville. The work shall include every item of work necessary for a complete and acceptable installation. B. MATERIALS ' 1. Pipe Bedding Material. Pipe bedding material shall be as specified elsewhere in these Specifications. ' 2. Crushed Stone Backfill. Crushed stone backfill (where specified) shall be aggregate base course, Class 7, as specified elsewhere in these Specifications for crushed stone base. '• 3. Hillside Backfill. Hillside backfill (where specified or shown) shall consist of cherty clay material with a CBR greater than 8 and approved by the Engineer prior to the placement of such fill. ' 4. Crushed Stone Base. Crushed stone base shall be aggregate base course, Class 7, as specified elsewhere in these Specifications. 5. Prime and Tack Coats. Prime and tack coat material shall be EPR-1 PRIME ' emulsified petroleum resin prime as manufactured by Blacklidge Emulsions, Inc., Gulfport, Mississippi. The application rate shall be approximately 0.25 gallon per square yard applied as recommended by the manufacturer. Application equipment and procedures shall be as set forth in Section 403 of the 1993 Edition of the Arkansas State Highway Department Standard Specifications. 6. Asphaltic Concrete Hot -Mixed Surface Course. The asphaltic concrete hot- , mixed surface course shall be Type 2 as set forth in Section 407, page 216, of the 1993 Edition of the Arkansas State Highway and Transportation Commission Standard Specifications. IC. REFERENCED MATERIALS AND CONSTRUCTION The following specifications are hereby referenced and made a part of these Specifications. These specifications are contained in the Standard ' Specifications for Highway Construction,' Edition of 1993, published by the Arkansas State Highway and Transportation Commission. The page numbers given below refer to pages in these Standard Specifications for Highway Construction.' ' These specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas, and are set out below. ' Asphalt Pavement, Part 400 Pages Prime and Tack Coats and Emulsified Asphalt in Base Course, Section 401 . . . . . . . . . . . . . . . . . 185-189 Materials and Equipment for Prime Tack and Asphalt Surface Treatments, Section 403 195-201 Asphalt Concrete Hot -Mix Surface Course, Section 407 . . . . . 215-218 Materials and Equipment for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 409 . . . . . . . . 229-243 Construction Requirements for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 410 244-255 I I D. EXECUTION The Contractor shall provide and maintain during his construction activities adequate barricades, construction signs, torches, lanterns and guards as required to protect persons from injury and to avoid property damage. All materials piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences and/or barricades and shall be protected by adequate torches and lanterns. Execution of adequate safety precautions set forth in the General and Special Conditions is the sole responsibility of the Contractor. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic and shall maintain at least one lane of traffic at all times. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. All areas excavated for the construction of pipelines and appurtenances within city streets shall have bedding, pipe protection cover and backfill placed as specified elsewhere in these Specifications, and as detailed on the Plans. Crushed stone base and/or"Hillside" when specified or shown shall be placed and compacted to 95 percent of modified Proctor density (ASTM D1557-78), as shown on the Plans. All asphaltic! surfaces shall be replaced with asphaltic concrete hot -mixed surface course. Asphaltic concrete hot -mixed surface course, Type 2, shall be constructed as specified herein, and as shown on the Plans. All Portland cement surfaces shall be replaced with Portland cement concrete. Portland cement concrete surfacing shall be constructed as.specified elsewhere in these Specifications, and as shown on the Plans. All unpaved driving surfaces shall be replaced with crushed stone base as specified elsewhere in these Specifications, and as shown on the Plans. All street right-of-way, disturbed by construction of these facilities shall be restored to its original or equivalent condition as required by the City of Fayetteville. END OF SECTION 491 Li I I J� LU P I UI 0 I I I [ 2 1 Section 495 DRIVING SURFACE REPAIR A. GENERAL The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, supplies, and incidentals necessary for the repair of driving surfaces. This specification is intended for any driving surface, paved or unpaved, including but not limited to streets, roads, driveways, and parking lots. ess otherwise the B. MATERIALS 1. Prime and Tack Coats. Prime and tack coat material shall be EPR-1 PRIME emulsified petroleum resin prime as manufactured by Blacklidge Emulsions, Inc., Gulfport, Mississippi, or equal. The application rate shall be approximately 0.25 gallon per square yard applied as recommended by the manufacturer. Application equipment and procedures shall be as set forth in Section 403 of the 1991 Edition of the Arkansas State Highway Department Standard Specifications. 2. Hot -Mixed, Hot -Laid Asphaltic Concrete. The hot -mix asphalt surface course shall conform in composition to the weights and gradation of Type 2 asphalt as set forth under Section 407, page 216, of the 1993 Edition of the Arkansas State Highway Department Standard Specifications, using asphalt cement viscosity grade AC -30. 3. Concrete. Concrete shall be as defined elsewhere in these Specifications. 4. Reinforcing Steel. Reinforcing steel for pavements shall be as follows: steel bars shall be ASTM A 615, A 616, A617 grade 60, welded steel wire shall be ASTM A 185. S. Crushed Stone Base. Crushed stone base shall be in conformity with the gradation and hardness requirements as set forth under Section 303 of the 1993 Edition of the Arkansas Highway Department Standard Specifications, aggregate base course, Class 7. The crushed stone supplier shall submit certificates stating that the materials provided are in conformance with these specifications. ' 6. Hillside Backfill. Hillside backfill (where specified or shown) shall consist of cherty clay material with a CBR greater than 8 and approved by the Engineer prior to the placement of such fill. ' 7. Curb and Gutter Joint Sealer. Curb and gutter joint sealer shall be either Type 1, Type 2. or Type 3 in accordance with Section 501 of the 1993 Edition of the Arkansas State Highway Department Standard Specifications. ' C. REFERENCED MATERIALS AND CONSTRUCTION The following Specifications are hereby referenced and made a part of these ' Specifications. These Specifications are contained in the 'Standard Specifications for Highway Construction,' Edition of 1993, published by the Arkansas State Highway Commission. The page numbers given below refer to pages in these 'Standard Specifications for Highway Construction.' ' These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas, and are set out below. Asphalt Pavement, Part 400 Pages Prime and Tack Coats and Emulsified Asphalt in Base Course, Section 401 . . . . . . . . . . . . . . 185-189 Materials and Equipment for Prime Tack and Asphalt Surface Treatments, Section 403 . . . . . . ... . . . 195-201 Asphalt Concrete Hot -Mix Surface Course, Section 407 . . . . 215-218 Material's and Equipment for Asphalt Concrete Hot -Mix Hinder and Surface Courses, Section 409 . . . . . . . . 229-243 Construction Requirements for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 410 . . . . . . . 244-255 D. CONSTRUCTION 1. -Pavement Removal, Pipe Protection Cover and Back£ill. The pavement shall be removed, pipe protection cover placed, and trench backfilled in accordance with the appropriate Pipe Specification. All pavements which have been removed or damaged shall be repaired in accordance with these Specifications depending upon the type of pavement existing prior to construction. No payment for repair will be made for pavements damaged outside the width of allowable removal set out elsewhere in these Specifications. a. Asphaltic Pavement Repair. The existing pavement shall be saw -cut and removed to a point 6 inches beyond the trench line limits, and brought to grade 9 inches below the top of the existing pavement. This area shall then be resurfaced by applying 6 inches of concrete, asphaltic cement prime coat at the rate of 0.25 gallons/square yard, followed by a minimum of 3 inches of hot -mixed, hot -laid asphaltic concrete, laid to an elevation matching the existing finished grade. The hot -mixed, hot -laid asphaltic concrete shall be compacted to 92 percent of theoretical density. One nuclear densometer test per asphaltic patch or repair shall be performed. The asphaltic pavement repair shall be deemed acceptable by the Engineer upon a passing nuclear.densometer test at a location as directed by the Engineer. The cost of determining the compacted density shall be at the expense of the Contractor. Any unacceptable patch or repair shall be replaced and/or recompacted and retested at the Contractor's expense. b. Concrete Pavement Repair. The existing pavement shall be saw -cut and removed to a point 6 inches beyond the trench line limits, and brought to grade 6 inches below the top of the existing pavement. This area shall then be resurfaced by applying 6 inches of concrete; laid to an elevation matching the existing finished grade. Any unacceptable patch or repair shall be replaced at the Contractor's expense. c. Unpaved Driving Surface Repair. After the trench has been back£illed as set out elsewhere in these Specifications, the surface shall be brought to the existing grade with additional crushed stone base. 2. Barricades, Guards and Safety Provisions. To protect persons from injury and to avoid property damage, adequate barricades, construction signs, warning lights and guards as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the highway. All material piles, equipment and pipe which 2 may serve as obstructions to traffic shall be enclosed by fences or barricades and shall be protected by proper lights when the visibility is poor. Execution of all necessary safety precautions is the sole responsibility of the Contractor. I I U I I I I I I I I Li I I I 3. Maintenance of Traffic and Closing of Streets. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic. A minimum of one lane of traffic shall be kept open at all times. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. 4. Piling Excavated Material for Reuse. All excavated material which is to be reused shall be piled in a manner that will not endanger the work and that will avoid obstructing sidewalks and driveways and also comply with Section 100 of these specifications. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed. 5. Removal of Excess Material. All excess excavated material shall be loaded in trucks during the excavating operation, hauled from the job site and disposed of at the direction of the Contractor in accordance with all Federal, State and local regulations. 6. Cleanup. Cleanup of areas behind the curb and gutter and around sidewalks shall be as set out elsewhere in these Specifications. E. MEASUREMENT AND PAYMENT. Measurement and payment shall be as defined in the bid schedule and section 110 MEASUREMENT and PAYMENT. END OF SECTION 495 3 I Section 499 SIDEWALK REPLACEMENT/REPAIR A. GENERAL The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, supplies, and incidentals necessary for the replacement and/or repair of sidewalks in compliance with the detailed ' drawings and the referenced City Ordinacne 4005. Sidewalks shall conform to all ADA guidelines. B. MATERIALS 1. Concrete. Concrete shall be as defined elsewhere in these Specifications. ' 2. Reinforcing Steel. Welded wire reinforcing steel shall be ASTM A 185. Steel bars shall be ASTM A615, A616, A617 grade 60. • 3. Crushed Stone Base. Crushed stone base shall be in conformity with the gradation and hardness requirements as set forth under Section 303 of the 1993 Edition of the Arkansas Highway Department Standard Specifications, aggregate base course, Class 7. The crushed stone supplier shall submit certificates stating that the materials provided are in conformance with these specifications. 4. Hillside Backfill. Hillside backfill (where specified or shown) shall ' consist of cherty clay material with a CBR greater than 8 and approved by the Engineer prior to the placement of such fill. 5. Joint Material. AASHTO M 213. Wood shall not be accepted. C. REFERENCED MATERIALS AND CONSTRUCTION The City of Fayetteville Ordinance no. 4005, Chapter 98.67, Streets and sidewalks. ID. MEASUREMENT AND PAYMENT. Measurement and payment shall be per square yard complete n place as further defined in section 100 Measurement and Payment. END OF SECTION 499 I 1 P1 '!I Section 502 CONCRETE ' A. GENERAL This work consists of all concrete work, forms, reinforcing and related items necessary to complete all Concrete Paving, driving surface repairs, Street repairs, sidewalk, curbs and gutter, reaction backing and other concrete work as indicated on the drawings and described in the specifications. ' B. REFERENCED MATERIALS AND CONSTRUCTION. The following Specifications are hereby referenced and made a part of these Specifications. These Specifications are contained in the 'Standard Specifications for Highway Construction,Edition of 1993, published by the Arkansas State Highway Commission. The page numbers given below refer to pages in these 'Standard Specifications for Highway Construction.' These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas, and are set out below. DIVISION 500 RIGID PAVEMENT Pages SECTION 501 through SECTION 512 . . . . . . . . . . . . . . . 271 - 324 ' DIVISION 600 INCIDENTAL CONSTRUCTION Pages SECTION 609 DROP INLETS AND JUNCTION BOXES . . . . . . . . . 368 - 371 SECTION 633 CONCRETE WALKS AND STEPS. . . . . . . . . . . . . 438 - 438 SECTION 634 CURBING 440 - 443 DIVISION 800 STRUCTURES Pages ' SECTION 802 CONCRETE FOR STRUCTURES . . . . . . . . . . . . . 561 - 614 SECTION 804 REINFORCING STEEL FOR STRUCTURES . . 616 - 623 All concrete for this project shall conform to the above referenced "Standard Specifications for Highway Construction,' Edition of 1993, published by the Arkansas State Highway Commission with the following specific exceptions. '• 1. All concrete shall be ready -mix type concrete. The Contractor shall not batch or mix concrete. 2. Class "A" concrete is defined as a concrete with a minimum 28 day compressive strength of 3,000 psi. Class "A" concrete shall be used for constructing manholes and other structures, concrete driveway repair, sidewalk repair and curb and gutter repair, reaction backing, pipe encasement, and where otherwise directed by the Engineer. ' 3. All concrete shall have air entrainment added at the ready -mix plant by the concrete supplier. Concrete for paving shall have air entrainment of 6 % +/- 1 1/2 % (4.5 to 7.5 percent). All other concrete shall have air ' entrainment of 3 to 6 percent. 4. No other admixtures, including calcium chorlide, shall be permitted. 5. TESTING The Contractor, under the Engineer's supervision, shall take samples and make tests as hereinafter listed for each 40 cubic yards of fresh concrete or fraction ' thereof placed on the project, but not less than one set for each day's concrete placement. It shall be the Contractor's responsibility to collect all samples, prepare casting specimens, protect, cure, transport, and pay for all costs associated with testing. The project inspector shall inspect the preparation of all specimens. 1 1 Slump Tests: Tests for slump shall be made at the place of deposit and in accordance with ASTM C-143. Tests shall be made periodically, when cylinders are made, and as often in the opinion of the Engineer when a change in consistency of the concrete mix is noted. The Contractor shall have a slump cone at the job site at all times when concreting operations are in progress. Unless otherwise noted or specified, the slump shall be within the limits of 1 to 4 inches. Compression and Strength Tests: Each test shall consist of four standard 6 inch by 12 inch cylinders; two cylinders to be tested at the age of seven days and two cylinders at the age of 28 days. Samples shall be taken, cured and tested in accordance with latest ASTM standards. ' When the ultimate compressive strength of any cylinder falls below the specified strength for the class of concrete specified, the design mix and water content shall be adjusted to produce the specified strength for concrete that is subsequently placed. In addition, the Engineer may order additional curing for that portion of the structure where the questionable concrete has been placed. In the event that such additional curing does not give the strength required, as determined byload tests made in accordance with ACI 318, or cored cylinder tests, and if such tests indicate the necessity, the defective parts shall be removed and replaced, or shall be reinforced as directed by the Engineer, at the Contractor's expense, including the expense of the tests. 7. Measurement and payment shall be as defined in the Bid Proposal and/or.' as specified elsewhere in these specifications. Unless specifically noted above, the referenced Standard Specifications for Highway Construction,Edition of 1993, published by the Arkansas State Highway Commission will control. End of Section 502 2 I Section 611 Pipe Underdrains (a.k.a. "French Drains") A. GENERAL This work consists of constructing underdrains using pipe, aggregate and geotextile filter material including trench excavation, backfill and cleanup. B. REFERENCED MATERIALS AND CONSTRUCTION. The following Specifications are hereby referenced and made a part of these • Specifications. These Specifications are contained in the 'Standard Specifications for Highway Construction,' Edition of 1993, published by the Arkansas State Highway Commission. The page numbers given below refer to pages in these `Standard Specifications for Highway Construction.' These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas, and are set out below. DIVISION 600 INCIDENTAL CONSTRUCTION Pages SECTION 611 Pipe Underdrains, outlet protectors and covers . 373 - 376 C. CONSTRUCTION. The pipe underdrain system shall be constructed in the location shown, and to the dimensions as detailed on the contract plans. Surface preparation, trenching, cleanup and restoration shall be as defined elsewhere in these specifications. ' D. MEASUREMENT AND PAYMENT. Measurement and payment shall be as defined in the Bid Proposal and/or as ' specified elsewhere in these specifications. Unless specifically noted above, the referenced 'Standard Specifications for Highway Construction,' Edition of 1993, published by the Arkansas State Highway Commission will control. I End of Section 611 I §1926.606 29 CFR Ch. XV11 (7-1-92 Edition) II (6) Obstructions shall not be laid on or across the gangway. (7) The means of access shall be ade- quately illuminated for its full length. • (8) Unless the structure makes it im- possible, the means of access shall be so located that the load will not pass over employees. (c) Working surfaces of barges. (1) Employees shall not be permitted to walk along the sides of covered light- ers or barges with coamings more than 5 feet high, unless there is a 3 -foot clear walkway, or a grab rail, or a taut handline is provided. (2) Decks and other working sur- faces shall be maintained in a safe condition. (3) Employees shall not be permitted to pass fore and aft, over, or around deckloads, unless there is a safe pas- sage. (4) Employees shall not be permitted to walk over deckloads from rail to coaming unless there is a safe passage. If it is necessary. to stand at the out- board or inboard edge of the deckload where less than 24 inches of bulwark, rail, coaming, .or other protection exists, all employees shall be provided with a suitable means of protection against falling from the deckload. (d) First -aid and lifesaving equip- ment. (1) Provisions for rendering first aid and medical assistance shall be in accordance with Subpart D of this part. i (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. 139 FR 22801, June 24, 1974, as amended at 42 FR 37674, July 22, 19771 § 1926.606 Definitions applicable to this subpart. (a) Apron —The area along the wa- terfront edge of the pier or wharf. (b) Bulwark —The side of a ship above the upper deck. (c) Coaming—The raised- frame, as around a hatchway in the deck, to keep out water. (d) Jacob's. ladder —A marine ladder of rope or chain with wooden or metal rungs. (e) Rail, for the purpose of § 1926.605, means a light structure serving as a guard at the outer edge of a ship's deck. Subpart P —Excavations AUTHORITY: Sec. 107, Contract Worker Hours and Safety Standards Act (Construc= tion Safety Act) (40 U.S.C. 333); Sees. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736), as ap- plicable, and 29 CFR part 1911. SouRcE: 54 FR 45959, Oct. 31, 1989, unless otherwise noted. § 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. , a Q Lii !I 0 ' D CL LIi 0 I I H I U 218 a I Occupational Safety and Health Admin., Labor § 1926.650 I Li I I I I I I I I I Li I I I I I Benching (Benching system) means a method of protecting employees from cave-ins by excavating -the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near -vertical surfaces between levels. Cave-in means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or sup- port system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or other- wise injure and immobilize a person. Competent person means one who is capable of identifying existing and predictable hazards in the surround- ings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authoriza- tion to take prompt corrective meas- ures to eliminate them. Cross braces mean the horizontal members of a shoring system installed perpendicular to the sides of the exca- vation, the ends of which bear against either uprights or wales. Excavation means any man-made cut, cavity, trench, or depression in an earth surface, formed by earth remov- al. Faces or sides means the vertical or inclined earth surfaces formed as a result of excavation work. Failure means the breakage, dis- placement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. - Hazardous atmosphere means an at- mosphere which by reason of being ex- plosive, flammable, poisonous, corro- sive, oxidizing, irritating, oxygen defi- cient, toxic, or otherwise harmful, may cause death, illness, or injury. Kickout means the accidental re- lease or failure of a cross brace. Protective system means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an ex- cavation, or from the collapse of adja- cent structures. Protective systems in- clude support • systems, sloping and benching systems, shield systems, and other systems that provide the neces- sary protection. Ramp means an inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or, wood. Registered Professional Engineer means a person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, reg- istered in any state is deemed to be a "registered professional engineer" within the meaning of this standard when approving designs for "manufac- tured protective systems" or "tabulat- ed data" to be used in interstate com- merce. Sheeting means the members of a shoring system that retain the earth in position and in turn axe supported by other members of the shoring system. Shield (Shield system) means a structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work pro- gresses. Additionally, shields can be either premanufactured or job -built in accordance with § 1926.652 (c)(3) or (c)(4). Shields used in trenches are usually referred to as "trench boxes" or "trench shields." Shoring (Shoring system) means a structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excava- tion and which is designed to prevent cave-ins. Sides. See "Faces." Sloping (Sloping system) means a method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away from the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with differ- ences in such factors as the soil type, environmental conditions of exposure, and application of surcharge loads. Stable rock means natural solid min- eral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the ex - 74 H 219 § 1926.651 - 29 CFR Ch. XVii (7-1-92 Edition) It cavation is secured against caving -in or movement by rock bolts or by another protective system that has been de- signed by a registered professional en- gineer. Structural ramp means a ramp built of steel or wood, usually used for vehi- cle access. Ramps made of soil or rock are not considered structural ramps. Support system means a structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure, underground in- stallation, or the sidesof an excava- tion. Tabulated data means tables and charts approved -by a registered profes- sional engineer and used to design and construct a protective system. Trench (Trench excavation) means a narrow excavation (in relation to its length) made below the surface of the ground. -In general, the depth is great- er than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet (4.6 m). If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6 m) or less (measured at the bottom of the excavation), the excavation is also con- sidered to be a trench. Trench box. See"Shield." Trench shield See "Shield." Uprights means the vertical mem- bers of a trench shoring system placed in contact with the earth and usually positioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called "sheeting." Wales means horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth. $ 1926.651 General requirements. (a) Surface •encumbrances. All sur- face encumbrances that are located so as to create a hazard to employees shall be removed or supported, as nec- essary, to safeguard employees.. (b) Underground installations. (1) The estimated location of utility in- stallations, such as sewer, telephone, fuel, electric, water lines, or any other underground installations that reason- ably may be expected to be encoun- tered during excavation work, shall be determined prior to opening an exca- vation. (2) Utility companies or owners shall be contacted within established or cus- tomary local response times, advised of the proposed work, and asked to es- tablish the location of the utility un- derground installations prior to the start of actual excavation. When utili- ty companies or owners cannot re- spond to a request to locate under- ground utility installations within 24 hours (unless a longer period is re- quired by state or local law), or cannot establish the exact location of these installations, the employer may pro- ceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility installations are used. (3) When excavation operations ap- proach the estimated location of un- derground installations, the exact lo- cation of the installations shall be de- termined by safe and acceptable means. (4) While the excavation is open, un- derground installations shall be pro- tected, supported or removed as neces- sary to safeguard employees. (c) Access and egress —(1) Structural ramps. (i) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be con- structed in accordance with the design. (ii) Ramps and runways constructed of two or more structural members shall have the structural members connected together to prevent dis- placement. (iii) Structural members used for ramps and runways shall be of uni- form thickness. (iv) Cleats or other appropriate means used to connect runway struc- tural members shall be attached to the bottom of the runway or shall be at - I D I I P I' I I a D a Ii I a I 220 a IOccupational Safety and Health Admin., Labor § 1926.651 I I I I I L 7 El I I I I I L I I tached in a manner to prevent trip- ping. (v) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments on the top surface to prevent slipping. (2) Means of egress from trench exca- vations. A stairway, ladder, ramp or other safe means of egress shall be lo- cated in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees. (d) Exposure to vehicular traffic. Employees exposed to public vehicular traffic shall be . provided with, and shall wear, warning vests or other suit- able garments marked with or made of reflectorized or high -visibility materi- al. (e) Exposure to falling loads. No em- ployee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be re- quired to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling materials. Operators may remain in the cabs of vehicles being loaded or unloaded when the vehicles are equipped, in accordance with § 1926.601(b)(6), to provide adequate protection for the operator during loading and unloading operations. (f ) Warning system for mobile equip- ment. When mobile equipment is oper- ated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the ex- cavation, a warning system shall be utilized such as barricades, hand or mechanical signals, or stop logs. If pos- sible, the grade should be away from the excavation. (g) Hazardous atmospheres —(1) Testing and controls. In addition to the requirements set forth in subparts D and E of this part (29 CF'R 1926.50- 1926.107) to prevent exposure to harmful levels of atmospheric con- taminants and to assure acceptable at- mospheric conditions, the following re- quirements shall apply- (i) Where oxygen deficiency (atmos- pheres containing less than 19.5 per- cent oxygen) or a hazardous atmos- phere exists or could reasonably be ex- pected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before em- ployees enter excavations greater than 4 feet (1.22 m) in depth. (ii) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and. other hazardous atmospheres. These precautions in- clude providing proper respiratory protection or ventilation in accordance with subparts D and E of this part re- spectively. (iii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an at- mosphere containing a concentration of a flammable gas in excess of 20 per- cent of the lower flammable limit of the gas. (iv) When controls are used that are intended to reduce the level of atmos- pheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe. (2) Emergency rescue equipment. (i) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous at- mospheric conditions exist or may rea- sonably be expected to develop during work in an excavation. This equipment shall be attended when in use. (ii) Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations, shall wear a harness with a life -line securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall be individually at- tended at all times while the employee wearing the lifeline is in the excava- tion. (h) Protection from hazards associ- ated with water accumulation. (1) Em- ployees shall not work in excavations in which there is accumulated water, or in excavations in which water is ac- cumulating, unless adequate precau- tions have been taken to protect em- ployees against the hazards posed by water accumulation. The precautions necessary to protect employees ade- quately vary with each situation, but 221 § 1926.651 ; 29 CFR Ch. XVII (7-1-92 Edition) could include: special support or shield - systems to protect from cave -ins, - water removal to control the level of accumulating, water, or use of a safety harness and lifeline. (2) If water is controlled or prevent- ed from accumulating by- the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation. (3) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means shall be used to prevent surface water from en- tering the excavation and to provide adequate drainage of the area adja- cent to the excavation. Excavations subject to runoff from heavy rains will require an inspection by a competent person , and compliance with para- graphs (h)(1) and (h)(2) of this sec- tion. (i) `Stability' of adjacent structures. (1) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, - support systems such as shoring, brac- ing, or underpinning shall be provided to ensure the stability of such struc- tures for the protection of employees. (2) Excavation below the level of the base or footing of any foundation or retaining wall that could be reason- ably expected,to pose a hazard to em- ployees shall not be permitted except when: (1) A support system, such as under- pinning, is provided to ensure the safety of employees and the stability of the structure; or (ii) The excavation is in stable rock; 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 i the excavation activity; or. (iv) A registered professional engi- neer has approved the determination that such excavation work will not pose a hazard to employees. (3) Sidewalks, pavements, and appur-. tenant structure shall not be under- mined unless a support system or an- other method of protection is provided to protect employees from the possible collapse of such structures. (j) Protection - of , employees from loose rock or soil. (1) Adequate protec- tion shall be provided to protect em- ployees from loose rock or soil that could pose a hazard by falling or roll- ing from an excavation face. Such pro- tection shall consist of scaling to remove loose material; installation of protective barricades at intervals as necessary on the face to stop and con- tain falling material; or -other means that provide equivalent protection. (2)Employees' shall• be protected from excavated 'or other materials or equipment that could pose a hazard by falling or rolling into excavations. Pro- • tection shall be' provided by- placing and keeping such materials or equip- ment at least 2 feet (.61 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. I 0 I 0 II 0 0 a I 0 a 0 a I 222 a IOccupational Safety and Health Admin., Labor § 1926.652 I I I I I I I I I 1J I I I I I (2) Adequate barrier physical protec- tion shall be provided at all remotely located excavations. All wells, pits, shafts, etc., shall be barricaded or cov- ered. Upon completion of exploration and similar operations, temporary wells, pits, shafts, etc., shall be back - filled. § 1926.652 Requirements for protective systems. (a) Protection of employees in exca- vations. (1) Each employee in an exca- vation shall be protected from cave-ins by an adequate protective system de- signed in accordance with paragraph (b) or (c) of this section except when: (i) Excavations are made entirely in stable rock; or (ii) Excavations are less than 5 feet (1.52m) in depth and examination of the ground by a competent person provides no indication of a potential cave-in. (2) Protective systems shall have the capacity to resist without failure all loads that are intended or could rea- sonably be expected to be applied or transmitted to the system. (b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the em- ployer or his designee and shall be in accordance with the requirements of paragraph (b)(1); or, in the alterna- tive, paragraph (b)(2); or, in the alter- native, paragraph (b)(3), or, in the al- ternative, paragraph (b)(4), as follows: (1) Option (1) Allowable configura- tions and slopes. (i) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below. (ii) Slopes specified in paragraph (b)(1)(i) of this section, shall be exca- vated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix B to this subpart. (2) Option (2) —Determination of slopes and configurations using Ap- pendices A and B. Maximum allowable slopes, and allowable configurations for sloping and, benching systems, shall be determined in accordance with the conditions and requirements 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 223 §`926:652 Z9 CFR-Ch. XVH-I=2-92dition) Designs -of .support systems shield sys- tems, and other protective systems shall be. selected .add constructed by the -employerbr his designee and shall be an .,accordance with -the . require- ments .of/piragraph (c)(i); or, in the alternative, paragraph Cc)(2); or..in"the alternative. -paragraph (c-)(3); or, in the alternative -paragraph 1c)(4) as fol- lows: (1) Option Q) Designs using'appen- dices A, C and D. Designs for timber shoring in trenches shall be deter- mined in accordance with the . condi- tions and requirements set forth in ap- pendices A and C to this subpart. De- signs for aluminum hydraulic shoring shall be in accordance with paragraph (c)(2) of this section, but if manufac- turer's tabulated data cannot be . uti- lized, designs shall be in accordance with appendix D. (2) Option (2) —Designs Using Manu- facturer's Tabulated Data. (i) Design of support systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be' in accordance with all specifications, recommendations, and limitations issued or made by the man- ufacturer. (ii) Deviation from the specifica- tions, recommendations, and limita- tions issued or made by the manufac- turer shall only be allowed after the manufacturer issues specific written approval. (iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recomrnenda- tions, and limitations shall be in writ- ten form at the jobsite during con- struction of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available. to the Secretary upon request. (3) Option (3) —Designs using other tabulated data. (i) Designs of support systems, shield systems, or other pro- tective systems shall be selected from and be in accordance with tabulated data, such as tables and charts. (ii) The tabulated data shall be in written form and include all of the fol- lowing: (A) Identification :of;the -parameters that affect the selection of a protec- tive system drawn from such data; (B) Identification of the -limits of .of the data; • (C) Explanatory information as may be 'necessaryto .aid.the user yin- making `a -correct selection of a •_protective system from the data. • (iii) At least one copy of:The tabuiat- ed data, which identifies the regis- tered professional engineer who ap- proved the data, shall be maintained at the jobsite during construction of - the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon re- quest. (4) Option (4) —Design by a regis- tered professional engineer. (i) Sup- port systems, shield systems, and other protective systems not utilizing Option 1, Option 2 or Option 3, above, shall be approved by a registered pro- fessional engineer. (ii) Designs shall be in written form and shall include the following: (A) A plan indicating the sizes, types, and configurations of the mate- rials to be used in the protective system; and (B) The identity of the registered professional engineer approving the design. (iii) At least one copy of the design shall be maintained at the jobsite during construction of the protective system. After that time, the, design may be stored off the jobsite, but a copy of the design shall be made avail- able to the Secretary upon request. (d) Materials and equipment. (1) Ma- terials and equipment used for protec- tive systems shall be free from damage or defects that might impair their proper function. (2) Manufactured materials and equipment used for protective systems shall be used and maintained in a manner that is consistent with the rec- ommendations of the manufacturer, and in a manner that will prevent em- ployee exposure to hazards. (3) When material or equipment that is used for protective systems is damaged, a competent person shall ex- amine the material or equipment and evaluate its suitability for continued a I a 0 a a I a a I 1 11 n Li U a 224 0 ' Occupational Safety and Health Admin., Labor Subpt. P. App. A U I I I 'J I 1 L I I 'I J fl I I Ti use. If the competent person cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe' use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a regis- tered professional engineer before being returned to service. (e) Installation and removal of sup- port —(1) General. (i) Members of sup- port systems shall be securely connect- ed together to prevent sliding, falling, kickouts, or other predictable failure. (ii) Support systems shall be in- stalled and removed in a manner that protects employees from cave-ins, structural collapses, or from being struck by members of the support system. (iii) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand. (iv) Before temporary removal of in- dividual members begins, additional precautions shall be taken to ensure the safety of employees, such as in- stalling other structural members to carry the loads imposed on the sup- port system. (v) Removal shall begin at, and progress from, the bottom of the exca- vation. Members shall be released slowly so as to note any indication of possible failure of the remaining mem- bers of the structure or possible cave- in of the sides of the excavation. (vi) Backfilling shall progress to- gether with the removal of support systems from excavations. - (2) Additional requirements for sup- port systems for trench excavations. (i) Excavation of material to a level no greater than 2 feet (.61 m) below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and there are no indica- tions while the trench is open of a pos- sible loss of soil from behind or below the bottom of the support system. (ii) Installation of a support system shall be closely coordinated with the excavation of trenches. (f) Sloping and benching systems. Employees shall not be permitted to work on the faces of sloped or benched excavations at levels above other em- ployees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment. (g) Shield systems —(1) General- (i) Shield systems shall not be subjected to loads exceeding those which the system was designed to withstand. (ii) Shields shall be installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads. (iii) Employees shall be protected from the hazard of cave-ins when en- tering or exiting the areas protected by shields. (iv) Employees shall not be allowed in shields when shields are being in- stalled, removed, or moved vertically. (2) Additional requirement for shield systems used in trench excavations. Excavations of earth material to a level not greater than 2 feet (.61 m) below the bottom of a shield shall be permitted, but only if the shield is de- signed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield. APPENDIX A TO SUBPART P -SOIL CLASSIFICATION (a) Scope and application —(1) Scope. This appendix describes a method of classifying soil and rock deposits based on site and envi- ronmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth re- quirements, and describes acceptable visual and manual tests for use in classifying soils. (2) Application. This appendix applies when a sloping or benching system is de- signed in accordance with the requirements set forth in § 1926.652(b)(2) as a method of protection for employees from cave-ins. This appendix also applies when timber shoring for excavations is designed as a method of protection from cave-ins in ac- cordance with appendix C to subpart P of part 1926, and when aluminum hydraulic shoring is designed in accordance with ap- pendix D. This Appendix also applies if other protective systems are designed and selected for use from data prepared in ac- cordance with the requirements set forth in § 1926.652(c), and the use of the data is L. 225 Subpt. P, App. A 29 CFLCh. XVII (7-1-92 Edition) a predicated on the use of the soil classifica- tion system set forth In this appendix. (b) Definitions. The definitions and exam - pies given below are based on, in whole or in part, the following: American Society for Testing Materials (ASTM) Standards D653- 85 and D2488; The Unified Soils Classifica- tion System, The U.S. Department of Agri- culture ,(USDA) Textural Classification Scheme; and The National Bureau of Stand- ards Report BSS -121. Cemented soil means a soil in which the particles are held together by a chemical agent, such as calcium carbonate, such that a hand -size sample cannot be crushed into powder or individual soil particles by finger pressure. Cohesive soil means clay (fine grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical sideslopes, and is plastic when moist. Cohe- sive soil is hard .to break up when dry, and exhibits significant cohesion when sub- merged. Cohesive soils include clayey silt, sandy clay, silty, clay, clay and organic clay. Dry soil means soil that does not exhibit visible signs of moisture content. Fissured means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits open cracks, such as tension cracks, in an exposed surface. Granular soil 'means gravel, sand, or silt, (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered system means two or more .dis- tinctly different soil or rock types arranged in layers. Micaceous seams or weakened planes in rock or shale are considered lay- ered. Moist soil means a condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped into a ball and rolled into small diameter threads before crumbling. Moist granular soil that contains some cohesive material will exhibit signs of cohesion between particles. Plastic means.a property of a soil which allows the soil to be deformed or molded without cracking, or appreciable volume change. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow: Saturation, or near satura- tion, is necessary. for the proper use of in- struments such as a pocket penetrometer or sheer vane. Soil classification system means, for the purpose of this subpart, a method of catego- rizing soil and rock deposits in a hierarchy of Stable Rock, Type A, Type B, and Type C, in decreasing order of stability. The cate- gories are determined based on an analysis of the properties and performance charac- teristics of the deposits and the environ- mental conditions of exposure. Stable rock means natural solid mineral. matter that can be excavated with vertical sides and remain intact while exposed. ., Submerged soil means soil which is under- water or is free seeping. Type A means cohesive soils with an un- confined compressive strength 01 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: (i) The soil is fissured; or (ii) The soil is subject to vibration from heavy traffic, pile driving, or similar effects; or (iii) The soil has been previously dis- turbed; or - (iv) The soil is part of a sloped, layered system where the layers dip into the excava-. tion on a slope of four horizontal to one ver- tical (4H:1V) or greater, or (v) The material is subject to other factors that would require it to be classified as a less stable material. Type B means: (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 coma 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:IV), 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:IV) or steeper. [l D U I LU a 7 I 0 I U I I I 226 a IOccupational Safety and Health Admin., Labor Subpt. P, App. A I I I L I I I L Cli I IJ I-] I I Unconfined compressive strength means the load per unit area at which a soil will fail in compression. It can be determined by laboratory testing, or estimated in -the field using a pocket penetrometer, by thumb pen- etration tests, and other methods. Wet soil means soil that contains signifi- cantly more moisture than moist soil, but in such a range of values that cohesive materi- al will slump or begin to flow when vibrated. Granular material that would exhibit cohe- sive properties when moist will lose those cohesive properties when wet. (c) Requirements—Cl) Classification of soil and rock deposits. Each soil and rock deposit shall be classified by a competent person as Stable Rock, Type A. Type B, or Type C in accordance with the definitions set forth in paragraph (b) of this appendix. (2) Basis of classification. The classifica- tion of the deposits shall be made based on the results of at least one visual and at least one manual analysis. Such analyses shall be conducted by a competent person using tests described in paragraph (d) below, or in other recognized methods of soil classifica- tion and testing such as those adopted by the America Society for Testing Materials, or the U.S. Department of Agriculture tex- tural classification system - (3) Visual and manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this appendix, shall be designed and con- ducted to provide sufficient quantitative and qualitative information as may be nec- essary to identify properly the properties, factors, and conditions affecting the classifi- cation of the deposits. (4) Layered systems. In a layered system, the system shall be classified in accordance with its weakest layer. However, each layer may be classified individually where a more stable layer lies under a less stable layer. (5) Reclassification. If, after classifying a deposit, the properties, factors, or condi- tions affecting its classification -change in any way, the changes shall be evaluated by a competent person. The deposit shall be re- classified as necessary to reflect the changed circumstances. (d) Acceptable visual and manual tests. — (1) Visual tests. Visual analysis is conducted to determine qualitative information regard- ing the excavation site in general, the soil adjacent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated mate- rial. (i) Observe samples of soil that are exca- vated and soil in the sides of the excavation. Estimate the range of particle sizes and the relative amounts of the particle sizes. Soil that is primarily composed of fine-grained material is cohesive material Soil composed primarily of coarse -grained sand or gravel is granular material. (ii) Observe soil as it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay, in clumps is granular. (Iii) Observe the side of the opened exca- vation and the surface area adjacent to the excavation. Crack -like openings such as ten- sion cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spalls are evi- dence of moving ground and are indications of potentially hazardous situations. (iv) Observe the area adjacent to the exca- vation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously dis- turbed soil. (v) Observe the opened side of the excava- tion to identify layered systems. Examine layered systems to identify if the layers slope toward the excavation. Estimate the degree of slope of the layers. (vi) Observe the area adjacent to the exca- vation and the sides of the opened excava- tion for evidence of surface water, water seeping from the sides of the excavation, or the location of the level of the water table. (vii) Observe the area adjacent to the ex- cavation and the area within the excavation for sources of vibration that may affect the stability of the excavation face. (2) Manual tests. Manual analysis of soil samples is conducted to determine quantita- tive as well as qualitative properties of soil and to provide more information in order to classify soil properly. (i) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as Va-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 i -inch thread can be held on one end without tear- ing, the soil is cohesive. (ii) Dry strength. If the soil is dry and crumbles on its own or with moderate pres- sure into individual grains or fine powder, it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up into smaller clumps, but the smaller clumps can only be broken up. with difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unfissured. (iii) Thumb penetration. The thumb pene- tration test can be used to estimate the un- confined compressive strength of cohesive soils. (This test is based on the thumb pene- tration test described in American Society for Testing and Materials (ASTM) Standard designation D2488 —"Standard Recommend- ed Practice for Description of Soils (Visual - I 227 Subpt. P, App." B 29 CFR Ch. XV11 (7-1-92 Edition)` Manual Procedure).") Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb; how- ever, they can be penetrated by the thumb only with very great effort. Type C soils with an unconfined compressive strength of 0.5 tsf can be easily penetrated several inches by the thumb, and can be molded by light finger pressure. This test should be conducted on an undisturbed soil sample, such as a large clump of spoil, as soon as practicable after excavation to keep to a ml - minim the effects of exposure to drying in- fluences: If the. excavation -is later exposed to wetting influences (rain, flooding), the classification of the soil must be changed ac- cordingly. (iv) Other strength tests. Estimates of un- confined compressive strength of soils can also be obtained by use of a pocket pene- trometer or by using a hand -operated shear - vane. (v) Drying test The basic purpose of the drying test is to differentiate between cohe- sive material with fissures, unfissured cohe- sive material, and granular material. The procedure ,for the drying test involves drying a sample of soil that is approximate- ly one inch thick (2.54 cm) and six inches (15.24. cm) in diameter until it is thoroughly dry: (A) If the sample develops cracks as it dries, significant fissures are indicated. (B) Samples that dry without cracking are to be broken by hand. If considerable force is necessary to break a sample, the soil has significant cohesive material content. The soil can be classified as a unfissured cohe- sive material and the unconfined compres- sive strength should be determined. (C) If a sample breaks easily by hand, it is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the ma- terial is cohesive with fissures. If they pul- verize easily into very small fragments, the material is granular. APPENDIX B TO SUBPART P -SLOPING AND BENCHING (a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protect- ing employees working in excavations from cave-ins. The requirements of this appendix apply when the design of sloping and bench. ing protective systems is to be performed in accordance with the requirements set forth in ¢ 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 (54H: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(i). (4) Configurations. Configurations of slop- ing and benching systems shall be in accord- ance with Figure B-1. 228 I I I Occupational Safety and Health Admin., Labor TABLE B-1 MAXIMUM ALLOWABLE SLOPES I. Subpt. P, App. B SOIL OR ROCK TYPE FAA'+IMUM ALLOWABLE SLOPES(H:V){11 FOR EXCAVATIONS LESS THAN 20 FEET STABLE ROCK TYPE A [2] TYPE B TYPE C VERTICAL (9f) 3/4:1 (53° 1:1 (459 1h: 1 (34°) NOTES: 1. Numbers shbwn in parentheses next to -maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off. 2. A short-term maximum allowable slope of 1/2H:IV (63°) is allowed in excavations in Type A soil that are 12 feet (3.67 m) or less in depth. Short-term maximum allowable slopes for excavations greater than 12 feet (3.67 m) in depth shall be 3/4H:1V (53'). 3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. Figure B-1 Slope Configurations (All slopes stated below are in the horizontal to vertical ratio) B-1.1 Excavations made in Type A soil. 1. All simple slope excavation 20 feet or less in depth shall have a maximum allowable slope of %:1. 229 Subpt. P, App. B .20' Max. 29 CFR Ch. XVII (7-1-92 Edition) SIMPLE SLOPE -GENERAL Exception: Simple slope excavations which are open 24 hours or less (short term) and which are 12 feet or less in depth shall have a maximum allowable slope of 54:1. t 12' Max. 1/2 SIMPLE SLOPE -,SHORT TERM 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 3/4 to 1 and maximum bench dimensions as follows: 230 Occupational Safety and Health Admin., Labor Subpt. P, App: B SIMPLE BENCH 20' Max. ' 1 Max. _ 3/4 4' Max. // MULTIPLE BENCH 3. All excavations 8 feet or less in depth which have unsupported vertically sided lower portions shall have aTmaximum vertical -side of 344 feet. C. I \ / NH A 1 8' Max. 3/4 3A' Max. UNSUPPORTED VERTICALLY SIDED LOWER PORTION -MAXIMUM 8 FEET IN DEPTH All excavations more than 8 feet but not more than 12 feet in depth which unsupported vertically sided lower portions shall have a maximum allowable slope of 1:1 and a maximum vertical side of 3½ feet. 231 Subpt. P, App. B 29 CFR Ch. XVII (7-142 Edition) UNSUPPORTED VERTICALLY SIDED LOWER'PORTION-MAXIMUM 12 FEET IN DEPTH All excavations 20 feet or less in depth which have vertically sided lower portions that are supported or shielded shall have a maximum allowable slope of %:1. The support or shield system must extend at least 18 inches above the top of the vertical side. 20' Max. — 3/4 18" 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). e 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. V I 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 aI Occupational Safety and Health Admin., Labor Subpt. P, App. B This bench allowed in cohesive soil only. I 20' Max Max. S SINGLE BENCH A. This bench allowed in cohesive soil only i i i 20' Max. A i 4 1 Max. 1 4' Max. i MULTIPLE BENCH 3. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1:1. Support. or shield system Is�-1 20' Max. �1 l 8" Min. Total height of vertical side 233 Subpt. P, App. B 29 CFR Ch. XVI1 (7-1-92 Edition) VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shall be in accordance with the other options permitted in ¢ 1926.652(b). B-1.3 Excavations Made in Type C Soil. 1. All simple: slope excavations 20 feet or less in depth shall have a maximum allowable slope of 154:1. 20' Max. - .^ � � 1 � 1§ SIMPLE SLOPE 2. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 154:1. Support or shield system 20' Max., 1' 18" Min. Total height of vertical side 234 Occupational Safety and Health Admin., Labor Subpt. P, App. B VERTICAL SIDED LOWER PORTION 3. All other sloped excavations shall be in accordance with the other options permitted in § 1926.652(b). B-1.4 Excavations Made in Layered Soils 1. All excavations 20 feet or less in depth made in layered soils shall have a maximum allowable slope for each layer as set forth below. B OVER A C OVER A / 1 p. B /Ii 1 C OVER d 235 Subpt. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) A OVER B A OVER C B Al 1 C A , B 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 TRENCHES . 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 of ' Occupa$onalSafety-and°Health Admin., Labor Subpt.t, App. C I I I I I I I I I I' I C LI I 1J paragraph (g)'of the appendix. Each table presents'the minimum sizes of timber lnem- 'bers to use in a shoring system, :and each table.contains data.only for the particular soil.type In which the .excavation or portion of the excavation is made. The data are ar- ranged to allow the user -the flexibility do .select from among several acceptable con- figurations 'of members 'based on varying the horizontal spacing of the crossbraces. Stable rock is exempt from shoring'require- ments and therefore, no data arepresented for this condition. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appendix, and on the tables themselves. (3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented in paragraph (f) of this appendix. (5) Miscellaneous notations regarding Tables C-1.1 through C-1.3 and Tables C- 2.1 through C-2.3 are presented in para- graph (g) of this Appendix. (d) Basis and limitations of the data. —(1) Dimensions of timber members. (i) The sizes of the timber members listed in Tables C- 1.1 through C-1.3 are taken from the Na- tional Bureau of Standards (NBS) report, Recommended Technical Provisions for Construction Practice in Shoring and Slop- ing of Trenches and Excavations." In addi- tion, where NBS did not recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by existing codes and on empirical practice. (ii) The required dimensions of the mem- bers listed in Tables C-1.1 through C-1.3 refer to actual dimensions and not nominal dimensions of the timber. Employers want- ing to use nominal size shoring are directed to Tables C-2.1 through C-2.3, or have this choice under 11926.652(c)(3),- and are re- ferred to The Corps of Engineers, The Bureau of Reclamation or data from other acceptable sources. (2) Limitation of application. (i) It is not intended that the timber shoring specifica- tion apply to every situation that may be experienced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be designed as specified in 11926.652(c). (ii) When any of the following conditions are present, the members specified in the tables are not considered adequate. Either an alternate timber shoring system must be designed or another type of protective system designed in accordance with 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 ins the area within a .horizontal distance from the 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 20,000 - pounds. (D) When only the lower portion of a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables. The members of the shoring system that are to be selected using this information are the cross braces, the uprights, and the wales, where wales are re- quired. Minimum sizes of members are spec- ified for use in different types of soil. There are six tables of information, two for each soil type. The soil type must first be deter- mined in accordance with the soil classifica- tion system described in appendix A to sub- part P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is then made. The selection is based on the depth and width of the trench where the members are to be in- stalled and, in most instances, the selection is also based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spacing of crossbracing is avail- able, the horizontal spacing of the cross - braces must be chosen by the user before the size of any member can be determined. When the soil type, the width and depth of the trench, and the horizontal spacing of the crossbraces are known, the size and ver- tical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and horizontal spacing of the uprights can be read from the appropriate table. (f) Examples to Illustrate the Use of Tables C-1.1 through C-1.3. (1) Example 1. A trench dug in Type A soil is 13 feet deep and five feet wide. From Table C-1.1,for acceptable arrange- ments of timber can be used. Arrangement #1 Space 4x4 crossbraces at six feet horizon- tally and four feet vertically. Wales are not required. L 237 Subpt. P, App. C Space 3x8 uprights at six feet horizontal- ly. This arrangement is commonly called "skip shoring." Arrangement #2 Space 4x6 crossbraces at eight feet hori- zontally and four feet vertically. Space 8x8 wales at four feet vertically. Space 2x6 uprights at four feet horizon- tally. Arrangement #3 Space 6x6 crossbraces at 10 feet horizon- tally and four feet vertically. Space 8x 10 wales at four feet vertically. Space 2x6 uprights at five feet horizontal- ly. Arrangement#4 1 Space 6x6 crossbraces at 12 feet horizon- tally and four feet vertically. Space 10 x 10 wales at four feet vertically. Spaces 3x8 uprights at six feet horizon- tally. - (2) Example 2. A trench dug in Type B soil in 13 feet deep and five feet wide. From Table C-1.2 three acceptable arrangements of members are listed. Arrangement #1 Space 6x6 crossbraces at six feet horizon- tally and five feet vertically. Space 8x8 wales at five feet vertically. Space 2x6 uprights at two feet horizontal- ly. Arrangement #2 Space 6x8 crossbraces at eight feet hori- zontally and five feet vertically. Space 10 x 10 wales at five feet vertically. Space 2 x 6 uprights at two feet horizontal- ly. Arrangement #3 Space 8x8 crossbraces at 10 feet horizon- tally and five feet vertically. Space lOx 12 wales at five feet vertically. Space 2x6 uprights at two feet vertically. (3) Example 3. A trench dug in Type C soil is 13 feet deep and five feet wide. From Table C-1.3 two acceptable arrange- ments of members can be used. Arrangement #1 Space 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. 29 CFR Ch. XVI1 (7-1-92 Edition) 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 wide. The size and spacing of members for the section of trench that is over 15 feet in depth is determined using Table C-1.3. Only one arrangement of mem- bers is provided. Space 8x 10 crossbraces at six feet hori- zontally and five feet vertically. Space 12 x 12 wales at five feet vertically:' Use 3x6 tight sheeting. Use of Tables C-2.1 through C-2.3 would follow the same procedures. (g) Notes for all Tables. - 1. Member sizes at spacings other than in- dicated are to be determined as specified in § 1926.652(c), "Design of Protective Sys- tems." 2. When conditions are saturated or sub- merged use Tight Sheeting. Tight Sheeting refers to the•use of specially -edged timber planks (e.g., tongue and groove) at least three inches thick, steel sheet piling, or similar construction that when driven or placed in position provide a tight wall to resist the lateral pressure of_ water and to prevent the loss of backfill material. Close Sheeting refers to the placement of planks side -by -side allowing as little space as possi- ble between them. 3. All spacing indicated is measured center to center. 4. Wales to be installed with greater di- mension horizontal. 5. If the• vertical distance from the center of the lowest crossbrace to the bottom of the trench exceeds two and one-half feet, uprights shall be firmly embedded or a mudsill shall be used. Where uprights are embedded, the vertical distance from• the center of the lowest crossbrace to the bottom of the trench shall not exceed 36 inches. When mudsills are used; the vertical distance shall not exceed 42 inches. Mudsills are wales that are installed at the toe of the trench side. 6. Trench jacks may be -used in lieu of or in combination with timber crossbraces. 7. Placement cf crossbraces. When the ver- tical spacing of crossbraces is four feet, place the top crossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbraces is five feet, place the top crossbrace no more than 2.5 feet below the top of the trench. !I I I fly I 0 j 11 7 0 I 0 U 0 0 0 0 238 i I, 1.'- Occupational Safety and Health Admin., Labor Subpt. P, App. C 1, Z m -. X N 6 VI J Q b In 1- x Z N N O N r m O F In S W X CS W e.. N W Il J 0.0 - Q O In J Cu N Q £ # F O # C X X X C. Z 7 L W V £ Co 0= W m U U • V r _Zt > OW 1 1 1 q y a N W a LL 1 1 p 1 Q p Q Q Q L O ] d v 1 1 1 y y 4-; oUJ ui N y W N N 0.0 m _ Or Or ^N £ Nz 4-'. +'9 m y- m m m r4. C rr 0000 'COO x X x x X I- N Nv a y 0m Z m O In m 0 O O T .-, o. s z z r r c .o - = N L U 1 N- C •Z . y q 1'.1 y r CE Z + C U W C W r W Q W C C C- C C C C C G I -C £ S .O._ 5-..-' m N y O Q 1 X N G 1- y In O O O rn L CJ N N IO b ID to Inm m m 2 C N X X 3< X X X X X X X X X T N r n d In IO C %C In Ip IC In In to m = C-. S O.q N C O H y F a d W N In IO In In tn Ip q> S W 6_ X x X X X X X X X X W In '0 In ID ID In In Inm L Z Q W W W 2 0 Y- 0. U H t0 IC In W In t0 ID b t0 m 3 3 d y Z a X X 3< X X x X X X X X 1- W 0. ? C .O C In InIO In m COC O La W d n m J F r N £ r _ CL. H H O I• CICIO. C to U' In In In m > N -fl Io x x 3< x x x x x x x 3< x S S C C C C IC b b b 0 m 0_a) • W E O 3 O L C 1-- C IO C In 10 1Ob '0m O C X X >c X X X X X x X 3< X Y J - G C C C C b b b b 0 m r C4- = 01_I W U..-, 1-- .D•.- w O O O O O O O O O 0 .z-. H H 1- H H - O H O H Z 'CC .- 0: U W 10 m C N 10 m O N I CLU N-. q £ £ Q. 1 0. .--� 1_ L_ 1_ 1_ rr 6_ O.m G_ C W $6U- _G N # # N =— H U- l) - W O N O O O O in N O O y N W W L — F N O O I- L • I---- 239 Subpt. P, App. C .29 CFR Ch. XVII (7-1-92 Edition) C m In 4 F m Ca U U, H o m 'a o N . Z U - S N 1 F v -I m N G. V Z L1 F d ev -1 F y Z N U • U, F1 F . Z m O. s 0 HC • ZF .1 vi X U 41 N -fV N - N 4 k •-- b V - aN N F. N O .O � � # ¢x U £ fx 1`x'1 V •Z FO F v1 v1 u1 h h h N v1 v1 1q< 4w] O O -o N_ O 3 NZ m _ x m O m y m O O m O N PC Ui . Z F F 41 1' U Ca N V1 V1 N fl v1 V1 N UI < L > d v - 17 O F C m m m m O 'x O N x x x x x x x a „, b .o .o m m m 0 F .G m m m m O 1F % Z� •o .xc m axD axo m N F.c— < O F 'o 0 'D .D m C 0 m z a • c m r. .o .% '0 .o '0 C '0-0 m C � :/1 F U, .O .< .O m m m O C O D x x U L .T b '0b '0� a0 m o -o .G .G .G .O m m m 0 •'C '.0 'O '0• m m ti NZ E 0 O 0 O O 0 .0 O O '.� Fm F F F F F F F F ..C 0 m .G m m .O m O N Va_i O C. G. N v I., > > M d O O nCa m > N > > > m Z > > O m z m0 m O w.1w vt 0 O - O 0 fl N O O O F -+ r 0 ... ... E.. N O N o: 240 s a i Occupational Safety and Health Admin., Labor Subpt. P. App. C ' V N d U m L O 'C HO O IO 'CflXr HCH V H W 4. 3 a 6 d E W M 0 m X ma 3 F x O W L 'C V N N N N In 0 z U W xCt m W h HP4H W 0 X KV W 6 D] N vl Jl N v1 Jl LJ W L >L k u Oi W m v f0 'r1 N dim mW W O N N N N - N H 'J F m m O N O N N G m en Cf • L E N V Z ♦ C V 'ECE ' m W H W 6 L vt v1 N N N Y L N L U m _ m a C F I X F a O a a O C M cc, 1! r - r - - 4 U Z m y- X X X X X X '.4 m m O m O O m U o L C C Is] F O O O it - A. W N m m r r Z W y X X X X X X L> Ca'- m m m m m m L M Z V W H V W 1 V W <00 O O O m F A. L' Z H m m o.X r '+0' L W m WX X X X X X CO m x e m m m m m v H m w O 0 O F o O O >4) F Ca V 'G H O m m m 0 m uE C H Y 9 H OO O O v _ v X X X X X X Y J v7 m m m m m r CU Cu W N H 0 CJ LsI— O F0 O O ••0 Z X C C V W C m O O- m W II D m O ti m P.. L 0 0 L L m 0 0 0 LL a m O 00 W m Ot O m Z > > m Z N Z O m m Z m Z Ca C 0. O Ut F+l r ^` �' N 410 .n a O a a �^ ''ii 'F OCSJ' O O C W F r F . N r v O 241 Subpt. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) N 1 FF O m Ii W U u M M U 0.' w or'. S.. v -N H F w z a N N N- U •H Z H I X • Z N p Co m _ G U Z Q C W ' F G s F E .a I F N I V N• o v G N O O = a d o v . v N r - N X U= k n H W .T v 0. G C 0< O N N N N N' d b N t x x x. x it U n n n Zr't V S Ia E- -4 Y. Y sU O¢ 0.c OP W 6 Z N Z N V .r Z m v o .2 a .1 - > 0. 0. 0. C - W C V 9 • NIZ Y I Y O N 00 0 OP C N OS m m 0 N Z GI ZO X X ZW X X x % CD C '0 m C V x m X m X m • a 0 F X014 114 W W 6 W v V v J .1 .: .T .T .t .T .T > G G N F N N V '0 c N N N x X x x x x x x x Es N W F >O >C .o .o .O .O ..D '0 31 �G x >4 x > x x x ' x x x >4 x x x x w v v .c '0 .o .o .o .o '0 a e a N � _ O dP V F v Q N .D O .D .o 'D v .D .o V v v v v v >4 D 4Z1 G b 'C � ya N N K O F v. C N v .o N N U .p x X x x X' X X x XX. x x x x X v^ X Q .T V .T O v '.p . '.O v7 '.D 'p '.O G 3° C v O k X C X X x- k X X X X x- X • v v- v v v v '.c .c .c .c .o .c -. O F O' O F F w w F F. F F ' F F F F F Z U W O a W b N N '.O N O N �O [O O N !J - ...1 .1 .4 0 0. G G P. G G VW] _ _ _ 0 - x F. U F in O O O O N in CI O s 4. F - _.: F - - F NO > N F v O S F E .242 I Occupational Safety and Health Admin., Labor Subpt. P, App. C m YI 100 z I-. S W U U o m W u W W N H W F N 6 N N I � N U I -1 Z a. W r+ 6 I X F I U v C 0 m 9 z m a W m .] � H �+ O F m U Z l0 r U x v J F X 2 Q N h OF E S W M rm W xx x WI.. rlv v O a O O N m r r r - a x X x x •6 rl v v v x M V n v v v $6 en e e U m (Y a OC in Vl In Vl in Vi in in Vl W 6 ott. >d'-. Co W W N 5 O O N a N N O 1-1 M m m r m •^ r r r x x x x x x x x >4 U '0 m m m O O m O z r r r 6 Z L m S] O V1 vl vl l/1 in vl V1 v1 u•1 O > d y O FN n y r O •0 '0 l0 '0 m '0 m '0 m 0 m m% m m m m m m HO N ..I W W F N 1p '0 'a m m m m m m m tr Y— X •O X '0 X '0 X '0 X m X m % '0 X m X m s O Fal Z W d '0 •O '0 '0 m m m m m x X x x x % x % x F v •O '0 '.0 '.0 m la '0 m L O O F 'O >O >0 '0 •0 m m m m m S x x x x x x x x X FO .r v v '0 •0 b .O a m 3 O � .1 a v �O 0 •O �0 �D m • U N O F O F O F - O F O F O F - O F O F O F - F Z .�. (•+ m U W �a m O 0 V m O a l0 m O d OQW yL r yL r WU W Nv yZ Mz NZ a1 d r Z W W O W O W W vl O O O O in vl O O > N O m l.. F r — F r — F N O 243 29 CFR Ch. XVII (7-1-92 Edition) Subpt. P, App. C 4 Sc y W H Co W m L U -Ij N i Gi Y w pp v Y N W H m 0 - en N N I- Z + U • . I x 0 H U m • z • - II o y U Z U a , rr H H x H m I o - z -4 U N G z Z 0 1-I HOH x cm IUD a a L O O s �•+ N 0 '0x N .D n •n n • r E U IC- U xOIu It, O N O N N N m - r r.• r m O O O N O r r " U • Z F C U L.1 = < W U, N v1 . Jl U, It, > 1 •N O U, m m m m m O r m m m m m m N O - N m m m m •G m' m m m m H N d 0C m X x x X .o m 'c m m N 0_0 5 0 O a x .o .o .o .o m m o c 3 O v e m m 0x - - x x x x • N N '0 '0m m O OH •H OH• OH r F r -H r r - Z •D m Or m W W 'C W W U 41 O G W x G v d y W Y W Y Wu W Y N Y 4l 6 d W: O 0. G O N J J J N Z O -VIZ NZ J mz N y C N H OH LL: O el k, N O O co N U, O O' W O ❑ Xi- H r — H r r H N >N O I 244 I Occupational. Safety .and :Hearth Admin., Labor :Subpt.°P,:App. D I I I I 11 I I [l I I I I I H APPENnIx'D TO SUBPART P -ALUMINUM • .HYDRAULIC SHORING FOR TRENCH£5 ta) Scope This appendix contains• -Infor- mation that -can be used when aluminum -hydraulic shoring is provided as a method of . protection against cave-ins in ;trenches -that,do not exceed 20 feet (6.1m) In adepth.- This appendix must be used when design of the aluminum hydraulic protective system cannot be performed in accordance with 11926.652(c)(2). - (b) Soil Classification. In order to use data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in.appen- dix A of subpart P of part 1926. (c) -Presentation of Information. Informa- tion is presented in several forms as follows: (1) Information is presented in tabular form in Tables D-1.1, D-1.2, D-1.3 and E- 1.4. Each table presents the maximum verti- cal and horizontal spacings that may be used with various aluminum member sizes and various hydraulic cylinder sizes. Each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. Tables D-1.1 and D-1.2 are for vertical shores in Types A and B soil. Tables D-1.3 and D1.4 are for hori- zontal waler systems in Types B and C soil. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appendix. (3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented in paragraph (f) of this appendix. (5) Miscellaneous notations (footnotes) re- garding Table D-1.1 through D-1.4 are pre- sented in paragraph (g) of this appendix. (6) Figures, illustrating typical- installa- tions of hydraulic shoring, are included just prior to the Tables. The illustrations page is entitled "Aluminum Hydraulic Shoring: Typical Installations." (d) Basis and limitations of the data. (1) Vertical shore rails and horizontal wales are those that meet the Section Mod- ulus requirements in the D-1 Tables. Alumi- num material is 6061-T6 or material of equivalent strength and properties. (2) Hydraulic cylinders specifications. (i) 2 -inch cylinders shall be a minimum 2 -inch inside diameter with a minimum safe work- ing capacity of no less than 18,000 pounds axial compressive load at maximum exten- sion. Maximum extension is to include full range of cylinder extensions as recommend- ed by product manufaturer. (U) 3 -inch cylinders shall be a minimum 3 - inch inside diameter with a safe working ca- •parity of not less than 30,000 tpounds axial _compressive load at -'extensions as recom- mended by product manufacturer. (3) Limitation of application. (1) It is not intended that the aluminum hydraulic specificationapply to every situa- tiQn that may be experienced in the field. These data were. developed -to. apply:.to the situations that are most commonly experi- .enced in current trenchingpractice. Shoring systems for use in situations that are not covered by the data in this appendix must be otherwise designed as specified in § 1926.652(c). (ii). When any of the following conditions are -present, the members specified .in the. Tables are not considered adequate. In this case, an alternative aluminum hydraulic shoring system or other type of protective system must be designed in accordance with 4 1926.652. (A) When vertical loads imposed on cross braces exceed a 100 Pound gravity load dis- tributed on a one foot section of the center of the hydraulic cylinder. (B) When surcharge loads are present from equipment weighing in excess of 20,000 pounds. (C) When only the lower portion or a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical: or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables D-1.1, 13-1.2, 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. 245 Subpt. P, App. D 29 CFR Ch. XVII (7-1-92 Edition) 0 (f) Example. to Illustrate the Use of the Tables: (1) Example '1: A trench dug in Type A soil is 6 feet deep and 3 feet wide. From Table D-1.1: Find ver- tical shores and 2 inch diameter cylinders spaced 8 feet on center (o.c.) horizontally and 4 feet on center (o.c.) vertically. (See Figures 1 & 3 for typical installations.) (2) Example 2: A trench is dug in Type B soil that does not require sheeting, 13 feet deep and 5 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinders spaced 6.5 feet o.c. horizontally and 4 feet o.c. vertical- ly. (See Figures 1 & 3 for typical installa- tions.) (3) A trench is dug in Type B soil that does not require sheeting, but does experi- ence some minor raveling of the trench face. The trench is 16 feet deep and 9 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinder (with special overs- leeves as designated by footnote #2) spaced 5.5 feet o.c. horizontally and'4 feet o.c. verti- cally, plywood (per footnote (g)(7) to the D- 1 Table) should be used behind the shores. (See Figures 2 & 3 for typical installations.) (4) Example 4: A trench is dug in previous= ly disturbed Type B soil, with characteris- tics of a Type C soil, and will require sheet- ing. The trench is 18 feet deep and 12 feet wide. 8 foot horizontal spacing between cyl- inders is desired for working space. From Table D-1.3: Find horizontal wale with a section modulus of 14.0 spaced at 4 feet o.c. vertically and' 3 inch diameter cylinder spaced at 9 feet maximum o.c. horizontally. 3 x 12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (5) Example 5: A trench is dug in Type C soil, 9 feet deep and 4 feet wide. Horizontal cylinder spacing in excess of 6 feet is desired for working space. From Table D-1.4: Find horizontal wale with a section modulus of 7.0 and 2 inch diameter cylinders spaced at 6.5 feet o.c. horizontally. Or, find horizontal wale with a 14.0 section modulus and 3 inch diameter cylinder spaced at 10 feet o.c. hori- zontally. Both .wales are spaced 4 feet o.c. vertically. 3 x 12 timber sheeting is required at close spacing vertically. (See Figure 4 for .typical installation.) (g) Footnotes, and general notes, for Tables D-1.1, D-1.2, D-1.3, and D-1.4. (1) For applications other than those listed in the tables, refer to § 1926.652(c)(2) for use of manufacturer's tabulated data. For trench depths in excess of 20 feet, refer to § 1926.652(c)(2) and § 1926.652(c)(3). (2) 2 inch diameter cylinders, at this width, shall have structural steel tube (3.5x3.5x0.1875) oversleeves, or structural oversleeves of manufacturer's specification, extending the full, collapsed length. • (3) Hydraulic cylinders capacities. (i) 2 inch cylinders shall be a minimum 2 -inch inside diameter with a safe working.capacity of not less than 18,000 pounds axial com- pressive load at maximum extension. Maxi- mum extension is to include full range of cylinder extensions as recommended by product manufacturer. (ii) 3 -inch cylinders shall be a minimum 3. inch inside diameter with a safe work capac- ity of not less than 30,000 pounds axial com- pressive load at maximum extension. Maxi- mum extension is to include full range of cylinder extensions as recommended by product manufacturer. (4) All spacing indicated is measured center to center. (5) Vertical shoring rails shall have a min- imum section modulus of 0.40 inch. (6) When vertical shores are used, there must be a minimum of three shores spaced equally, horizontally, in a group. (7) Plywood shall be 1.125 in. thick softwood or 0.75 inch. thick, 14 ply, arctic white birch (Finland form). Please note that plywood is not intended as a structural member, but only for prevention of local raveling (sloughing of the trench face) be- tween shores. (8) See appendix C for timber specifica- tions. (9) Wales are calculated for simple span conditions. (10) See appendix D. item (d), for basis and limitations of the data. 0 flT 0 JJ 0 [1 0 LU l� U HI [Ti C C 246 a Occupational Safety and Health Admin., Labor Subpt. P, App. D ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS FIGURE NO. 1 FIGURE NO. 2 VFATCM. SLYIFy MYMALLK YRMM VERTCLL LLWMY 1\TOT YIACJC) MYOR1{AC 4NJRM (wrtN RTwOOO) NOR! HORIZONTAL SPACINGSPACING NTA G VERTICAL RAIL HYDRAULIC CYLINDER 19" MAX. VERTICAL SPACING A' MAX. a l•I II 2' MAX. FIGURE NO. 3 VERTCAL LLUMMUY MYORAUIC t$OAtC IJTACFEOI 'y e oa VERTICAL SPACING A' MAX. 2 MAX. ERTICAL RAIL TDRAULIC CYLINDER 1E" VERTICAL -" SPACING921max.. A' MAX FIGURE NO. 4 ALUMALUM4.4 MTORALLC ,MOUND wµRR ALJ RER IYS HORIZONTAL SPACING 'ERTICAL RAIL 2' MAX. HYDRAULIC i/ CYLINDER VERTICAL SPACING tv 4 PLYWOOD UPRIGHT SHEETING HYDRAULIC CYLINDER 311-112 O-92-9 247 Subpt. P, App. D 29 CPR Ch. XVII (7-1-92 Edition) z �UCG� O. -• < F�ao z>" zW W FO M Q > O A U W N Wa �O zF F- > E <O • N z O O q C 00 O U W F z z N Q Ca U U N ' Uz U c } -U _ W v LL W ; � O z ' j F " zZ.F ><_< - 00• ¢ a a - T U F O o O a: O oN N y V Q i1 I\ O E E V -. ocnfK .D K_ K g O V G G -VU d G � Q ¢ u u o N cn u u R o 0 a zz IOccupational Safety and Health Admin., Labor Subpt. P, App. D CNV 1 a a w� z� M ¢ O Ca •1 U 1 n ar z oo� U F N ¢ O _ 1 E u 1 z a x x z x �v S U W c 1 z c NU0Lw z a N¢ 4 - . C CJ < V c 1 C .� .7 c ,w.lQ<^ U u i FOW= q UZ FS.1 z> — Pr F U W <c�x7 a s ' a z z C — N V / — SOU w " „' ` E E O� - •% K c •o 1 m c c u u h d d u a n t ¢ ¢ wz w W o woFv, wv I -o O > a^ >—c.— >^ c.r w u s a O O O F O u 1 856 1 1 ' 249 Subpt. P, App. D 29 CFR Ch: XVII (7-1-92 Edition) Ci (r N 'Ox s I I U a aVz N I - x N lr� o z��c] z z z z z z z z z r F : Q !n n en M n en en en r. a _ j UC N S Z C z a� o o c c v c Q< 0 O. eV 'C. eG O vi O. U V W h 3 z u z W N _ L zz�ZNZL" Z Z.L; z z zf'� z z - C.' Q2 } UJ N N (^. N Q (+`� en N l" r: [�`, �ry o UQ 'vo z z z z• F m U - J C tz7 o c .. c c°zo` x Q = z _ z _ _z _ z_ z _ f., c S ._1 N N r. N N r. en • - __ I - c L y I • - r N ? Y U C C c C r: a C W %=. < = < x• •� x. C r. .G a = u Z v Z - r C -. V v L V W •r W _ y c4 c c a uz c c c c c c c E n c _ O Ca s Q Q { LL z u nci J^O C O C , W r, F C ? C. L J > 'r — > NLu •p - O O O-= > V= N J • C U U O O U L Z Z 250 ' Occupational Safety and Health Admin., Labor Subpt. P, App. D yz U y 1 0z O _ Q N N UT X X X L L 9z z z z z z z z z - - - - - - Q M M M M M M M M ' a Un _ U - O Vl O O V1 O N O � U O wj K C V h aC t+i r. 'G u v1 W > 2 a - v1 i w ❑ N K 6 n Z x O � Z 4Lj Z Z z Z Z u] Z z O •; C i` I" J NANO M N FQ M M NQ M M x R z a uc z z z z V o ' C y U v) to :.% v— (- oo U 6 V V C N Z O Vf O O vt l C O c '_ <x,,,� Z — — [ Q , N N N M N M K1 n p z3o pp UG c ' - a v ? O 0� o Vi c o w O ,n c O c Z u 7 - ' O J Vi O C H O C h C G c^ Q p Z ri m O - - _ N o u m m < U c . 3 u? u u -- F-LU v c G G u c n E n c o O cc O O N h g _ I r. ❑ w O G O O > > c— F O c C U ' g Z Z 1 ' 251 Subpt. P, App.E 29 CFR Ch. XVII (7-1-92 Edition) • APPENDIX E TO SUBPART P -ALTERNATIVES TO TIMBER SHORING • H:i •'J>' =y1p ! 2il IY Ja1 ' YI W Un 'y# " fig" MAX Li VERTICAL RAIL HYDRAULIC CYLINDER VERT SPAC 4' 2' MAX. Figure 1. Aluminum Hydraulic Shoring O O O O Figure 2. Pneumatic/hydraulic Shoring 252 Occupational Safety and Health Admin., Labor Subpt. P, App. E Figure 3. Trench Jacks (Screw Jacks) Figure 4. Trench Shields 253 Subpt. P, App. F 29 CFR Ch. XVI1 (7-1-92 Edition) APPENDIX 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 4 1926.652(b) and (c). Is the excavation more than 5 feet in depth? } .Is there;potential NO YES for cave-in? • NO Excavation may be made with • vertical sides. Sloping selected Co to Figure 2 a .Excavation must be sloped, shored, or shielded. Is the excavation entirely in stable rock? Shorin or shielding selected. Go to Figure 3 FIGURE 1 -PRELIMINARY DECISIONS c 2 254 Occupational Safety and Health Admin., Labor Subpt. P, App. F Excavation must comply with one of the following three options: Option 1: , 1926.652 (b)(2) which requires Appendices A and B to be followed Option 2: 51926.652 (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. - Sloping selected as the method of protection Will soil classification be made in accordance with 31926.652 (b)? Excavations must comply withf1926.652 (b)(1) which requires a slope of 1�H:1V (34'n FIGURE 2. - SLOPING OPTIONS 255 Subpt. P, App. F { 29 CFR Ch. XVII (7-1-92 Edition) Shoring or shielding selected as the method of protection. Soil classification is required when shoring or shielding is used. The excavation must comply with one of the. following'four options:' Option 1 51926.652 (c)(1) which requires Appendices A and C to be followed (e.g. timber shoring). Option 2 §1926.652 (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). 4 Option 4 51926.652 (c)(4) which requires the excavation to be designed by a registered professional, engineer (e.g. any designed system). FIGURE 3 - SHORING AND SHIELDING OPTIONS 256 ge5 STAFF REVIEW FORM AGENDA REQUEST _____ CONTRACT REVIEW (Change -order) GRANT REVIEW MICROFILMED £ vti,rezn, �t For the Fayetteville City Council meeting of N.A. For Mayor's signature Jim Beavers Engineering Public Works Name Division Department ACTION REQUIRED: Approval of change order one to the construction contract with Fayette Tree and Trench to reconcile the final unit quantities, add bid items 42-46 to reflect field changes and to provide a time extension. COST TO CITY: -S12.409.20 cost of this Request 5400-5600-5808.00 Account Number 97021-0010 Project Number tor $135,489.50 Category/Project Budget $115.489.59 Funds Used To Date $20.000.00 Remaining Balance Water/sewer Category/Project Name Capital mains Program Name Sales Tax Fund x Budgeted Item Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: Administrative Services Direc GRANTING AGENCY: Date AD Coordinator Date �z3-s fls ew Date In e nal Auditor Date a4gg Purchasing Officer Date STAFF RECOMMENDATION: Approval Date Cross Reference _e,ca New Item: NO Department Director Date `• cfru Prev Ord/Res # 6 - 98 Admini tra ive Services Director a e Orig Contract Date: Jan 6'98 May r Date FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDEN To: Fred Hanna, Mayor Thru: Kevin Crosson, PW Director *V Charles Venable, Asst. PW D' ctor Don Bunn, City Engineer t From: Jim Beavers, Engineering Date: 18 September 98 Re: Water and Sanitary Sewer Improvements, Sherman Avenue and Fifth Streets, Bid no. 97-35. Proposed change order no. one (and final) to add new unit items, to reconcile the final unit quantities, to add time to the contact time for completion. The contract for construction of water and sanitary sewer improvements for Sherman Avenue and Fifth Street, City Bid no. 97-35, was entered into contract on January 6, 1998. The estimated contract price was $115,489.50 based upon the 41 items in the unit bid schedule with a specified contract time of 60 calendar days. Due to unforseen, and unknown subsurface conditions some of the units were changed in the field to accommodate utility and field conditions. Due to changes in the construction, the weather and the contractor's commitments the time for completion ran in excess of the contract time of 60 days. Specifics of Change Specifics Order no. One: 1. Unit quantities and new unit items: A. Variation in final unit quantities. Refer to the attached copy of the final pay estimate. B. New/additional items 42-46: Item 42 - New sanitary sewer tap for future Habitat House at $255.00. Item 43 - Concrete encasement to replace the special construction detail item 12. Delete item 12 <$2,400.00> and add item 43 at $1,500.00. Item 44 - 6 x 6 Tapping Sleeve and valve - $1045.00. Item 6 contained two 8 x 6 tapping sleeves and valves at $1,070.00 each. One 8x6 and one 6x6 were used. Delete $1,070.00 and add $1,045.00. Item 45 - Bore under existing aggregate drive in lieu of aggregate drive replacement. Delete item 35, aggregate drive repair at <$1,870.00> and replace with new item 45 - bore at $1,870.00. Item 46 - extra deep water line. The water line at Huntsville was deeper than planned and he special thrust detail, bid item 21 was not required. However, extra trenching and work was required to the deeper than designed water line depth. Delete item 21, special thrust blocking at <$1,750.00> and add item 46, extra deep water line at #1,033.00. Summary of additions: $5,703.00. Summary of deletions:<$7,090.00>. Net effect of bid items 42-46 decrease in contract price of $1,387.00. Summary of variations in unit quantities:<$11,022.20>. Estimated contract price prior to change order no. One = $115,489.50. Final contract price including change order no. One = $103,080.30. 2. Time: The contract time for completion is 60 days. The notice to proceed was effective on March 2, 1998. The work for the Habitat for Humanity water and sewer mains north of Fifth Street were competed approximately April 15, 1998. The total project was substantially completed on July 15 (all services tied over) Clean-up continued until August 26, 1998. Neither water or sanitary sewer service was disrupted, no party, including the City suffered any damages due to the time of completion. Recommendation - extend the contract time from 60 days to 143 days (March 2 to July 15) and do not assess any penalties or damages. After the Mayor has signed the three enclosed copies of change -order no. one, please return two to Engineering. Thank you. Change order number one. Change order number one (and final) to add new unit items, to reconcile the final unit quantities, to add time to the contact time for completion. Water and Sanitary Sewer Improvements, Sherman Avenue and Fifth Streets, Bid no. 97-35. Contract approved by Resolution no. 6-98 on January 6, 1998. Project no. 97021-0010, P.O. no. 980654. Summary: The contract for construction of water and sanitary sewer improvements for Sherman Avenue and Fifth Street, City Bid no. 97-35, was entered into contract on January 6, 1998. The estimated contract price was $115,489.50 based upon the 41 items in the unit bid schedule with a specified contract time of 60 calendar days. Due to unforseen, and unknown subsurface conditions some of the units were changed in the field to accommodate utility and field conditions. Due to changes in the construction, the weather and the contractor's commitments the time for completion ran in excess of the contract time of 60 days. Specifics of Change Specifics Order no. One: 1. Unit quantities and new unit items: A. Variation in final unit quantities. Refer to the attached copy of the final pay estimate. B. New/additional items 42-46: Item 42 - New sanitary sewer tap for future Habitat House at $255.00. Item 43 - Concrete encasement to replace the special construction detail item 12. Delete item 12 <$2,400.00> and add item 43 at $1,500.00. Item 44 - 6 x 6 Tapping Sleeve and valve - $1045.00. Item 6 contained two 8 x 6 tapping sleeves and valves at $1,070.00 each. One 8x6 and one 6x6 were used. Delete $1,070.00 and add $1,045.00. Item 45 - Bore under existing aggregate drive in lieu of aggregate drive replacement. Delete item 35, aggregate drive repair at <$1,870.00> and replace with new item 45 - bore at $1,870.00. Item 46 - extra deep water line. The water line at Huntsville was deeper than planned and he special thrust detail, bid item 21 was not required. However, extra trenching and work was required to the deeper than designed water line depth. Delete item 21, special thrust blocking at <$1,750.00> and add item 46, extra deep water line at #1,033.00. Summary of additions: $5,703.00. Summary of deletions:<$7,090.00> Net effect of bid items 42-46 decrease in contract price of $1,387.00. Summary of variations in unit quantities:<$11,022.20> Estimated contract price prior to change order no. One = $115,489.50. Final contract price including change order no. One = $103,080.30. 2. Time: The contract time for completion is 60 days. The notice to proceed was effective on March 2, 1998. The work for the Habitat for Humanity water and sewer mains north of Fifth Street were competed approximately April 15, 1998. The total project was substantially completed on July 15 (all services tied over) Clean-up continued until August 26, 1998. Neither water or sanitary sewer service was disrupted, no party, including the City suffered any damages due to the time of completion. Recommendation - extend the contract time from 60 days to 143 days (March 2 to July 15) and do not assess any penalties or damages. Approval: Change order number one, to add items 42-46, to adjust the final unit quantities and to extend the contract time as detailed above is accepted and approved. /7- 9Y Date Fred anna, Mayor bate City of Fayetteville 2\ 4% EC /) \00 \ . // \\ § r on / 0 / \fen ~ N §_ ` } \f - _ - \/ \ w) ° k \ $ _ \ / f o 0 - $ f u @2 @ m \ O 00 r Ln \ - C \ \ 3 \ } \ _ > )04) 0 ; , \Un C / \ \ - \j km - _ = u .E \ / \ / a /j �\ 5 )« / { 3 - ,» 4_4 /d /01 /\ /\ / O. \ 060 4 = . § g } ] # % \ \ - G / 2 ° § G 3 2 a \o % 7 / E k \ // k Q\ k - a s 00 en 0 0 rn 00tn \0 o — N o — — N N N 00 — en — — 0 rn 1 7 00 N O 0 —� N C.'00 v 0 en --— 0 C.' 0 — o 0 0 0 0 0 0 0 ('1 Q) t0 Ct a _ It, 00 OV R 00 n 0 � � N — N — N N Rt N U) O O V1 O n O O O N C .^. en C — M N 0 N N y L mo c C v a y co _ 'O Vr Ji r ..C) \? d N y O C) H > —u o c a� c no 3 C o k d w ca y. H O N� a 00 .E0 L .C L O x L vi p O C Q 'a CtC > •�� ^ cho i ^P» G co m x p U U v, eo'O F3- a 5 H O -cc, H.cpGw0 Cl)Oa 4) Ct IA . Ca O 0 .0 O O y y N N Nen Cl N cd U in 7 N M — ' -. — — 0 — M - O O C% N N V v1 en ip N C4 v en N o o N O O N N — vl N — ^ a V1 ^ [- ^ .r N .-. C- 0 O O O O O O O O M 4) O O o N O In N to O O'. O V• O'. — \O v1 v) o.' v1 N — N N 7 In M '.o O O 'C, O In In 'C, O o.' O N N M V In ^ c 'D C o y C E N • 0 Vi .t 4-a Q) N h X 4) _ 4) c °) 44) E 4) o " ' - A 3i 5 c g one VCfl O t v Ct o N y Ra p d v c o ° n ° 4) 3 °-) a Q V O. _> rnC7wQ cn0 a0'(' C) 1O 10 CC 4) Y 4) Ct W Co o a Ca Ct Ca a) 4) 4) 0) 0) m C) N M R 'n 'O 00 I - I. N � 1 � O O N O 'O O O 7 - O - O - ('1 O 'O O '.0 O O N --O - O - N .-. In N O O M -- O O N 0 O In H M O O O O N O O O O - O 4) I to Ct ❑r O O V - O In In N O - O N � O M - 'O O 7 N 7 00 N O O I O In vi N '.O O — ^ N O 7 N R -c V V L 3 Z c N =-0... t N ,-, ./) Q nl oj .� ; y E .+ to :n N C C V V V V U D c_ Q `� ' °' o 4) t c o It c o . 3 OC) ac �� d s • o ti x .� yp c C� c H aci E II v o ctU Se H w s o a p C N y 0 0 •'�D 0OO0 0^ m UO V O •5 V rn L:. 1) G+7 �-.H W QUO JSo . ,Q Cl) NL4 C) 4) d c R G T E E v 4 al ,C Id O Cl .- v - -• N N N N N N N N 'N N N N o o N v - O d' o a61 vii ri N O M ^ 'V• II 00 I J \ V 00 M yv O N OM N ^ N — O ^ O ^ ^ 00 C 00 M 0 O N en N ^ N 0 O ^ ^ C- C o 0 o In 0 0 0 0 0 0 0 0 In h o In 00 R 0 In 0 0 0 0 0 O M 00 In OIn N O O Vl In N •-^ 'D ^ — M N ^ N 0 0 • In 0 0 o O en O\ In In In In N In In In Ifl — N V Q to In Cl M, — ^ oi.. 4-RCR C,, L 3 ao D. R N T C r R > 3 � 00 a D R VCi 0 w i L R V x R y 0 Ca V V C C U R V V U R O O F y O w R L L 00. U O Ct C '� y '9 O vi .+ L .� L Q .C .� •L C C c °' c 0 - E c C) E c� E •o It L y T•R C O R Ct 7 L1 7 •> 7 a _ ct OR b O O p L O .C S O V O O V 3 V v�aA UHw L wa wA wCC H;oG Urn-, 4 I 4- 4- V R IL. C- 0 T T 6Ifl L1 d ti 0 N ^ O E E Ca ol U Q N In N — M N O tV0 y r-i ti O N cn V \O h 00 T a M M M M M en C1 r1 J r1 en ei A P. o o InIn 0 t� rMi N In o 00 o - o o - o 0 C- a O o O O O O U 00 o In Vl V In O — N .-. ON 0 In h O R On M n In O 00 O Ct U ^ Ca, y N U CJ y C) ' C N �y N 00 ` > C) CC)) N d y C) C U+ - 2 F 'a, uXi 'C A 3 N .f°+ N O W �.. 'O a 3t a. U y U :� y 0 t�3 Ca 0. - vt 00 C) 4-, 4-. 0) r' Q C1. E E O. C. 0. _ E E E E E E E E * v) * f)1 * N * N * fit N M V I s o 0 7 00 O a� N \9 N 0 c 0 a C C O s y S N C . O nw C . O (p c U .y E S 11 1 7 O E CtEO r n V vl y L ` 5, T 'O U 'O C - I \. O O C U O --c 04 o 3 x v `° N ° C ° O C C T t U W w to L. U. „! O T ° y O C C N 2 o .G 0. s - o s 4 o 5" :(1 d Ip •« v y ld ty 11 �1 In 0OO0 O r L • + �. p b0 O tC V U L C " °.has 1 �^ € L In I o" nv C ti 'n "S7 R L W O N Z 3 - O O 3 x R ee ` - O C J+ U eUR c2 Vcc I) 0.i �' L E `t O U `. d. V O w E tlq O V O L C V •C O C �. Y y co c�i p y O y ;7 W O P» im• « w y t ,L. C 'b > U > C 3 O o E o o o C O p U O E V a l C « U - V V y ° tYC tCd �" L T C U V V U« 'O C N y tE . r Ilr 4+ . t' U N o - O C T+ OD E.r F 00 H U d E ° o ca J U W