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HomeMy WebLinkAbout72-98 RESOLUTIONRESOLUTION NO 7 2 - 9 8 A RESOLUTION ACCEPTING THE RECOMMENDATION OF RJN GROUP, INC. AND AWARDING BID NO. 98-34, UNIT 1, CIPP, CONTRACT ENGINEERING DESIGN IN THE AMOUNT OF $645,080.85, PLUS A CONTINGENCY AMOUNT OF $64,508, TO JONES BROTHERS, INC. FOR SEWER LINING FOR THE WHITE RIVER MINISYSTEM 15 SEWER REHABILITATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby accepts the recommendation of RJN Group, Inc. and awards Bid No. 98-34, Umt 1, CIPP, contract engineering design in the amount of $645,080.85, plus a contingency amount of $64,508, to Jones Brothers, Inc., for sewer lining for the White River Minisystem 15 sewer rehabilitation; and authorizes the Mayor and City Clerk to execute a construction agreement for said amount. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this day of June , 1998. . • • . a By. 4. ,d ATTEST: Heather Woodruff, C Clerk APPROVED: By: red Hanna, Mayor 13 Cin CCE&x eapy • April 1998 iVi1C1WWtr1Y. MED EXHIBIT A CONTRACT DOCUMENTS Sanitary Sewer Main Rehabilitation White River Watershed and Illinois River Watershed Contract II Minisystems 13B, 15, & 18B/C Rasins10,12,20,&21 Prepared for the City of Fayetteville Fayetteville, Arkansas prepared by RJN Group, Inc. Consulting Engineers Dallas, Texas in association with FINAL McClelland Consulting Engineers, Inc. Fayetteville, Arkansas City of Fayetteville, Arkansas White River Watershed and Illinois River Watershed Mini Systems 13B, 15, 18 B/C, Basins 10, 12, 20, & 21 Sanitary Sewer Main Rehabilitation Contract II ADDENDUM NO. 1 Release Date: April 27, 1998 Information to Bidders: The Contract Documents for the above titled project are revised and amended as follows: 1. Instruction to Bidders, Paragraph G - Revise the second sentence to read as follows: "Prequalification statements must be submitted to the Water and Sewer Superintendent no later than seven (7) days prior to the bid opening". 2. Instruction to Bidders, Paragraph EE - Revise the first sentence to read as follows: "Arkansas Prevailing Wage Determination Number 97-363 establishes the minimum wage rates to be paid on this project." Substitute the Prevailing Wage Determination No. 96-262, and Statement of Intent to Pay Prevailing Wages in the Contract Documents with the Prevailing Wage Determination No. 97-363, and Statement of Intent to Pay Prevailing Wages attached to this addendum. 3. Replace Bid Schedule for Unit 3 with the revised Bid Schedule for Unit 3 attached to this addendum. The changes are summarized as follows: a. Add Item No. 3D1 - Standard Mobilization b. Add Item No. 3D2 - Emergency Mobilization 4. Special Conditions, Paragraph SC.05 - Revise the paragraph to read as follows: "...such decisions begin within the sole discretion of the City. It is the intent of this Contract to supply the Contractor with work orders constituting the majority of the plan quantity upon issuance of the Notice to Proceed. In the work order the City will specify whether the Contractor will mobilize in accordance to standard conditions or emergency conditions. Standard Mobilization will require the Contractor to begin work within fifteen (15) working days from the issuance of the work order or orders. Emergency Mobilization will require the Contractor to begin work within three (3) working days from the issuance of the work order or orders. Payment shall be made at the Contract Unit Price indicated on the Bid Schedule. Quantities stipulated in the Bid.. Schedule are approximate. The basis of payment for Mobilization will be the actual number of Emergency and Regular Mobilizations performed. The Contractor agrees that he will make no claim for damages, or anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and the estimated amounts therefore." A-1 Addendum No. 1 Wlute River Watershed and Illinois River Watershed Mini Systems 13B, 15, 18 B/C, Basins 10, 12, 20, & 21 Sanitary Sewer Main Rehabilitation Contract II 5. Section D2-12. Subsection A.2 - Revise the second sentence to read as follows: "Approved methods include: TTS Northwest, the PIM Corporation (PIM System), Poscata Way, New Jersey, ..." 6. Section D2-13. Subsection B.2.c - Revise the first sentence to read as follows: "The cured pipe thickness shall be 3.5 mm thickness for pipe 6 inches in diameter, ..." Bidders shall acknowledge receipt of this addendum on the Bid (page 1) and on the outside of the sealed bid envelope. Ken Matthews, P E Project Manager RJN Group, Inc. A-2 SANITARY SEWER MAIN REHABILITATION UNIT 3 LINING - TERM CONTRACT PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 3A1 2,000 LF Lining of 6" Dia. Sewer Dollars & Cents per LF $ $ 3A2 2,000 LF Lining of 8" Dia. Sewer Dollars & Cents per LE $ $ 3A3 500 LF Lining of 12" Dia. Sewer Dollars & Cents per LE $ $ 3B1 15 EA Service Connection, Internal, per Section D2-13 Dollars & Cents per EA $ $ 3C1 1,125 LF Cleaning and Pre -TV Inspection Addendum No. 1 Dollars & Cents per LE $ $ 14 Bid City of Fayetteville Sanitary Sewer Improvements UNIT 3 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM OUANTITY BID PRICES WRITTEN TN WORDS PRICE BID 3C2 4,500 LF Post -Construction TV Inspection Dollars & Cents per LE $ $ 3D1 3 EA Standard Mobilization Dollars & Cents per EA $ $ 3D2 1 EA Emergency Mobilization Dollars & Cents per EA $ $ TOTAL, UNIT 3 SANITARY SEWER REHABILITATION LINING - TERM CONTRACT (in writing) CONTRACTORS MAY BID ON UNIT 1, UNIT 2, UNIT 3, OR ALL UNITS. RECAPITULATION TOTAL, UNIT 1 TOTAL, UNIT 2 TOTAL, UNIT 3 GRAND TOTAL Addendum No. 1 15 Bid City of Fayetteville Sanitary Sewer Improvements MON 14:49 RJR GROUP Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: April 21, 1998 PROJECT: Sanitary Sewer Rehabilitation White & Illinois River Watersheds, Contract II Fayetteville, Arkansas CLASSIFICATION Bricklayer/Pointer, Cleaner, Caulker Carpenter Concrete Finisher/Cement Mason Electrician/Alarm Installer Ironworker Laborer Pipelayer Truck Driver DETERMINATION N: 97-363 COUNTY: Washington EXPIRATION DATE: 10-21-98 SURVEY #: 797-AH05 BASIC HOURLY RATE 7.75 FRINGE BENEFITS 10.35 1.90 9.40 .72 12.00 .46 15.50 5.87 7.75 8.90 9.20 Power Equipment Operators: Bulldozer 12.55 Backhoe, Rubber tired 1 yd. or less 9.70 Crane, Derrick, Dragline, 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 11.65 Mechanic 14.70 Motor Patrol, Finish 13.05 Motor Patrol, Rough 9.00 Roller 8.05 Scraper, Rough 11.25 1.65 .17 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 PROTECT, 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 BZD PROCESS. Addendum No. 1 P.04 PIUrl ;4:51i kJi4 GROUP Contractor Street Address City & State Telephone CONTRACT DOCUMENTS SANITARY SEWER MAIN REHABILITATION WHITE RIVER WATERSHED AND ILLINOIS RIVER WATERSHED CONTRACT II MINISYSTEMS 13B, 15 & 18B/C BASINS 10, 12, 20, & 21 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS PREPARED BY RJN GROUP INC. CONSULTING ENGINEERS DALLAS, TEXAS IN ASSOCIATION WITH McCLELLAND CONSULTING ENGINEERS, INC. FAYETTEVILLE, ARKANSAS APRIL 1998 1 1 1 1 1 1 1 1 1 1 1� 1 1 1 1 1 1 1 CONTRACT DOCUMENTS SANITARY SEWER MAIN REHABILITATION WHITE RIVER WATERSHED AND ILLINOIS RIVER WATERSHED CONTRACT II MINISYSTEMS 13B, 15 & 18B/C BASINS 10, 12, 20, & 21 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS APRIL 1998 I hereby state that these Contract Documents were prepared under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Arkansas. Name P E No. Date tO,11 opt 5TaTE �OF'''.• ARIiA SAS • • REGISTERED �% PROFESSIONAL cot tttn ENGINEER S�� .2 * * * /4' TITL CONTRACT DOCUMENTS FOR THE CITY OF FAYETTEVILLE SEWER SYSTEM IMPROVEMENTS TABLE OF CONTENTS VOLUME I SECTION Pages BIDDING DOCUMENTS A INVITATION TO BID 1-3 INSTRUCTIONS TO BIDDERS* 1-13 BID 1-19 BID BOND 1-2 SUBCONTRACTORS 1 STATEMENT OF EXPERIENCE OF BIDDER 1 STATEMENT OF COMMITMENT 1 CONTRACTUAL DOCUMENTS• B AGREEMENT 1-T ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND 1-2 MAINTENANCE BOND 1 CONDITIONS OF THE CONTRACT GENERAL CONDITIONS* C 1-89 SUPPLEMENTARY CONDITIONS C1 1-3 SPECIAL CONDITIONS C2 1-2 CONSTRUCTION FORMS D SUBMITTAL RECORD 1 PERIODIC PAYMENT FORMS 1-4 CHANGE ORDER 1-3 * Section has individual Table of Contents TABLE OF CONTENTS (Cont.) TITLE SECTION Pages SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS* D1 1 DIVISION 2 - SITE WORK* D2 INSURANCE FORMS E CONSTRUCTION EASEMENTS AND CONDITIONS F 1 1 1 1 1 1 1 1 1 * Section has individual Table of Contents 1 1 i 1 CITY OF FAYETTEVILLE TNVTTATION TO STD SANITARY SEWER MAIN REHABILITATION WHITE RIVER WATERSHED AND ILLINOIS RIVER WATERSHED CONTRACT II RA=PT OF Willa Separate sealed bids for Sanitary Sewer Main Rehabilitation, White River Watershed Minisystems 13B, 15 & 18B/C and Illinois River Watershed, Basins 10, 12, 20 & 21, Contract II, in Fayetteville, Arkansas are invited and will be received at the office of the Purchasing Officer located at 113 W. Mountain, Room 326, Fayetteville, Arkansas, 72701 on or before, but no later than 2:00 PM, Local Time, on Tuesday, May 5, 1998 and immediately thereafter or as soon thereafter as is practicable all bids received from prequalified contractors will be publicly opened and the bid prices read aloud. The proposed work is divided into three units. Unit 1 consists of the construction of approximately 9,236 linear feet of sanitary sewer lining. Unit 2 consists of the construction of approximately 1,674 linear feet of sanitary sewer pipe bursting, 545 linear feet of open cut construction, and replacement of 12 manholes. Unit 3 consists of approximately 4,500 linear feet of sanitary sewer lining. Unit 3 will be a term contract. Actual locations of the construction will be made known to the Contractor on an as needed basis by the City of Fayetteville throughout a six-month period. Sealed envelopes or packages containing bids shall be marked or endorsed "Sanitary Sewer Main Rehabilitation, White River Watershed, and Illinois River Watershed, Contract II, in Fayetteville, Arkansas." Bidders shall affix a copy of their letter of prequalification to the outside of the sealed envelope. Bidders shall mark or endorse the sealed envelope with their Arkansas State Contractor's Licence Number. CONTRACT DOCUMENTS Copies of the Contract Documents are on file and are available for inspection at the offices of McClelland Consulting Engineers, Inc. 1810 N. College Avenue, Fayetteville, Arkansas. A pre-bid meeting shall be held at 113 W. Mountain, Fayetteville, Arkansas, on Thursday, April 23, 1998 at 1:30 p.m. Said Contract Documents are by this reference incorporated into and made a part of this Invitation to Bid and should be consulted for full particulars. 1 Invitation to Bid City of Fayetteville Sanitary Sewer Improvements Copies of the Contract Documents required for review or bidding purposes may be obtained only from the Office of McClelland Consulting Engineers, Inc., 1810 N. College Avenue, Fayetteville, Arkansas, upon payment to McClelland Consulting Engineers, Inc., 1810 N. College, Fayetteville, Arkansas, of $70.00 in check or money order for each set of documents obtained. The Contract Document fee is non-refundable. BID SECURITY Each bid shall be accompanied by a certified check or a cashier's check or bid bond payable to the order of the City of Fayetteville, Arkansas in an amount not less than five percent of the bid as a guarantee that the bidder will, within ten (10) days after the date of the award of contract, execute an agreement and file bonds and insurance as required by the Contract Documents if his bid is accepted. RIGHT TO REJECT BTPS The Owner reserves the right to reject all bids for failure to comply with all requirements of this notice or any of the Contract Documents; however, the Owner may waive any minor defects or informalities at its discretion. The Owner reserves the right to defer the acceptance of any bid and the execution of a contract for a period not exceeding ninety (90) days after the date of opening of bids. Extension of time beyond the ninety (90) day period after the date of opening of bids may be made only by mutual agreement between the Owner, the successful bidder and the Surety for the successful bidder. AWARD OF CONTRACT This document is designed to include three separate bid proposals and shall not be construed as being a package. The proposals are arranged in Units to allow the Contractor to submit a bid on each, or all Units. Unless all bids are rejected the contract award will be made to the lowest responsible, prequalified, responsive Bidder for each Unit. If a Bidder only submits a bid on one Unit, and it is the lowest proposed price total, the Bidder will be the apparent successful bidder for the individual Unit. Any bid may be modified or withdrawn prior to the above scheduled time for the opening of bids. No bidder may withdraw a bid within 90 days after the actual date of the opening thereof. The successful bidder or bidders shall furnish a performance bond, labor and material bond, and a maintenance bond each for one hundred (100%) percent of the Contract amount and shall file certificates with the Owner that he has obtained and will continue to carry Workmen's Compensation Insurance, Owner's and Engineer's Protective Insurance, public and private liability and property damage insurance of an adequate amount and for the life of the Contract. Invitation to Bid City of Fayetteville Sanitary Sewer Improvements 2 All questions or correspondence concerning the plans and specifications shall be directed to the Engineer, RJN Group, Inc., 12160 Abrams Road, Suite 206, Dallas, Texas 75243, phone no. (972)437-4300. City of Fayetteville, Arkansas Peggy Vice Purchasing Officer Publication: April 12 ,1998 April 19 ,1998 P. O. # 3 Invitation to Bid City of Fayetteville Sanitary Sewer Improvements 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TABLE OF CONTENTS FOR INSTRUCTIONS TO BIDDERS SUBJECT PAGE A EXAMINATION OF SITE 1 B EASEMENTS 1 C EXAMINATION OF BIDDING DOCUMENTS 1 D INTERPRETATION OF CONTRACT DOCUMENTS 1 E MATERIAL SUBSTITUTION 2 F APPROXIMATE QUANTITIES 2 G PREPARATION OF BID 2 H SIGNING OF BID 3 I BID SECURITY 3 J RETURN OF BID SECURITIES 3 K AGREEMENT, BONDS, INSURANCE 4 L DESIGNATION OF SUBCONTRACTORS 4 M BID SUBMITTAL 4 N WITHDRAWAL OF BID 4 O QUALIFICATION OF BIDDERS 5 P DISQUALIFICATION OF BIDDERS 5 Q PENALTY FOR COLLUSION 6 R LICENSE 6 S PRECONSTRUCTION CONFERENCE 6 T BID OPENING 6 U AWARD OF CONTRACT 6 ✓ EFFECTIVE DATE OF AWARD 7 W EXECUTION OF AGREEMENT 8 X FAILURE TO EXECUTE AGREEMENT AND FILE BONDS AND INSURANCE 8 y PAYMENT FOR EXCESS COSTS AND LIQUIDATED DAMAGES 8 Z COMMENCEMENT AND COMPLETION OF WORK 8 AA INFORMATION NOT GUARANTEED 9 BB COVENANT AGAINST CONTINGENT FEES 9 CC GRATUITIES 10 DD SUBCONTRACTS UNDER CONSTRUCTION CONTRACTS. . . • 10 EE PREVAILING WAGE DETERMINATION 11 FF STATEMENT OF INTENT TO PAY PREVAILING WAGES . 13 INSTRUCTIONS TO BIDDERS A. Examination of Site Before submitting his Bid, each prospective Bidder shall familiarize himself with the Work, the site where the Work is to be performed, local labor conditions and all laws, regulations, and other factors affecting performance of the Work. He shall carefully correlate his observations with the requirements of the Contract Documents and otherwise satisfy himself of the expense and difficulties attending performance of the Work. The submission of a Bid will constitute a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of familiarization. B. Easements Portions of the improvements under this project may involve construction on private property for which easements have been secured by the Owner. Work performed on, or use of such easements, shall be subject to the provisions of the easement agreements on file and open to inspection in the office of the Owner. C. Examination of Bidding Documents Each Bidder by making his Bid represents that he has read and understands the Bidding Documents. The Bidder shall include in his bid prices any and all costs that may be necessary to complete the work in accordance with the requirements of the Contract Documents. D. Interpretation of Contract Documents Questions regarding documents, discrepancies, omissions, or intent of the Specifications or drawings shall be submitted in writing to the Owner through the Engineer, at least ten days prior to opening of bids to provide time for issuing and forwarding an addendum. Any interpretation of the Contract Documents will be made only by addendum duly issued or delivered by the Owner to each person receiving a set of documents. The Owner will not be responsible for any other explanations or interpretations of the Contract Documents. 1 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements Material Substitution Each Bidder shall base his Bid upon the materials and equipment as described in the Bidding Documents. The successful Contractor will not be allowed to make any substitutions on his own initiative, but in each instance will be required to obtain authorization from the Owner before installing any work in variance with requirements of the Contract Documents. F. Approximate Quantities On all items on which Bids are to be received on a unit price basis the quantities stated in the Bid will not be used in establishing final payment due the Contractor. The quantities stated, on which unit prices are invited, are approximate only. Bids will be compared on the basis of number of units stated in the Bidding Schedule. Payment on the Contract on unit price items will be based on the actual number of units installed in the completed work. G. preparation of Bid All prospective bidders and proposed subcontractors on this contract must be prequalified before they will be allowed to bid or to be accepted as subcontractors. Prequalification -: statements must be submitted to the Water and Sewer - Superintendent no later than 14 days p for to the bid opening. These forms are available from the Water and Sewer Operations Division, 1475 Cato Springs Road, Fayetteville, AR 72701, requested by mail from the Water and Sewer Maintenance Superintendent at 113 West Mountain Street, Fayetteville, AR 72701 or requested by phone from the Water and Sewer Operations Center at (501)575-8386. Bids submitted by prospective bidders who have not prequalified will be retained by the City, but not opened. Only bids which are made out on the Bid Form included in this document will be considered. The Bid Form must not be removed from this document. Amounts are to be shown in both words and figures where indicated. In case of discrepancy between words and figures the words shall prevail, unless it clearly appears in Owner's opinion that the words rather than the figures are in error. If any portion of the Bid is required to be given in unit prices and totals and a discrepancy exists between the unit price and totals, the unit prices shall prevail, unless it clearly appears in Owner's opinion that the unit prices rather than the total Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 2 1 ' are in error. If a discrepancy exists between the total base Bid and the true sum of the individual Bid items, the true sum shall prevail. A Bid will be rejected if it does ' not contain a price for each and every item named in the bidding schedule. Bidders are warned against making any erasures or alterations of any kind, and Bids which contain omissions, erasures, conditions, alterations, or additions ' not called for may be rejected. If a deficiently prepared bid is not rejected, the Owner may demand correction of any deficiency and award the contract to the bidder upon satisfactory compliance with the Instructions. H. Signing of Bid 1 1 1 1 I Bid Security If the Bidder is a corporation, the legal name of the corporation shall be set forth together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a co -partnership, the true name of the firm shall be set forth together with the signatures of all the partners. If Bidder is an individual, his signature shall be inscribed. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a power of attorney must be on file with the Owner prior to opening Bids or submitting Bids; otherwise, the Bid may be regarded as irregular. 1 1 1 1 No Bid will be considered unless accompanied by a Bid security as defined in the Invitation to Bid, as a guarantee that if the Bid is accepted the Bidder will execute the Agreement and file bonds and insurance as required by the Contract Documents within 10 days from the date of the award of the Contract. For the bid bond to be acceptable, the name of the surety company issuing said bond shall be licensed to do business in the State of Arkansas and shall be included on the current U.S. Treasury list of acceptable sureties, and the amount of the bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. 1 J. RP*nrn of Bid Securities 1 1 1 1 The security of the two lowest Bidders will be returned after the execution of the agreement with the successful Bidder and the approval of his bonds and insurance. The -.. security of all other Bidders will be returned promptly after the Bids have been opened and reviewed by the Owner. If all Bids are rejected the securities will be returned at the time of rejection. 3 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements Agreement, Bonds Insurance The attention of Bidders is specifically directed to the• forms of agreement and bonds to be executed and types of insurance to be taken out in the event a contract award is made. L. Designation of Subcontractors Each bidder shall list on the form included in these documents the names and addresses of all subcontractors who will perform work or labor or render service to the Bidder on or about the construction site in an amount in excess of five percent of the Bidder's total base Bid. Each Bidder shall show on the form the portion of the work to be done by each subcontractor. The Contractor shall be required to perform a minimum of thirty (30) percent of the contract amount with his own crews. M. Bid Submittal 1. Each Bid, properly signed, together with the Bid security and• all documents bound herewith, shall be enclosed in a sealed envelope addressed and entitled as specified in the Invitation to Bid and delivered to the-_ office designated in the Invitation to Bid. 2. Each Bidder shall submit with his Bid one copy of Volume I of the Contract Documents with all Addenda and the "Subcontractors" form contained in this document. All Subcontractors listed on this form who will perform more than 30 percent of the work must be prequalified. Withdrawal of Risi Any Bid may be withdrawn at any time prior to the hour fixed in the Invitation to Bid for the opening of Bids, provided that a request in writing, executed by the Bidder, or his duly authorized representative, for the withdrawal of such Bid is filed with the Owner prior to the time specified for opening of Bids. The withdrawal of a Bid will not prejudice the right of a Bidder to file a new Bid. Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 4 I O. Qualification of Bidders 1. It is the intention of the Owner to award a Contract only to a Bidder who furnishes satisfactory evidence that he has the requisite experience and ability and that he has sufficient capital, facilities, and plant to ' enable him to prosecute the work successfully and promptly, and to complete the work within the time specified in the Contract Documents. Bidders shall be prequalified and shall affix a copy of their Letter of Prequalification to the outside of the sealed envelope. 2. Each Bidder shall submit with his Bid the executed Bidder's "Statement of Experience" form and "Statement of Commitment" form contained in this document. 3. The Owner reserves the right to require the three lowest ' Bidders to file proof within seven (7) calendar days of the Bid opening of their ability to finance and execute the project. This proof shall include, but not be ' limited to, a financial statement certified by a CPA for the last three years, a list of equipment owned by Bidder, a backlog of jobs under contract and amounts, and a record of successful completion of similar projects. 4. The successful bidder shall conform to the Rules and Regulations of Arkansas Department of Finance and Administration concerning nonresident contractor's notice and bond requirements. 5. The prospective bidders must meet the statutorily prescribed requirements before Award of Contract by the Owner. ' 6. In order to perform public work, the successful Bidder shall, as applicable, hold or obtain such Contractor's and Business Licenses as required by State statutes and ' the Rules and Regulations of the Arkansas Contractor's Licensing Board. p, Disqualification of Bidders ' More than one Bid for the same work described in this document from an individual, firm or partnership, a corporation or an association under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is interested in more than one Bid for the work contemplated will cause the rejection of all Bids in which such Bidder is interested. If there is reasonable grounds for believing that collusion exists among the Bidders, the Bids of the participants in such collusion will not be considered. 5 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements i If at any time it shall be found that the person, firm, or corporation to whom the contract has been awarded has, in presenting any Bid or Bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and the Contractor and his sureties. shall be liable to the Owner for all loss or damage which the Owner may suffer thereby, and the Owner may advertise for new Bids for said work. I I I R. License Each Bidder shall possess state and local licenses as are required by law, and shall furnish satisfactory proof to the Owner upon request that the licenses are in effect during the entire period of the Contract. S. Preconstruction Conference A preconstruction conference shall be held after the time of the Contract award and before the Notice to Proceed to discuss the responsibility of each party in the project and to clarify any questions. Representatives of the Contractor shall be required to attend the conference. T. Bid Opening Bids will be opened and the prices bid will be read aloud t publicly at the time and place indicated in the Invitation to Bid. Bidders or their agents are invited to be present. U. Award of Contract 1. This Proposal section is designed as three (3) separate proposals and are arranged in Units to allow the Contractor to submit a bid for each, or all Units. 2. The Owner shall award a contract to the Bidder or Bidders whom, in the Owner's judgement, is the lowest responsive, responsible Bidder. The Owner reserves the right to reject all Bids, to waive informalities, and to reject nonconforming, nonresponsive, or conditional Bids. , Instructions to Bidders City of Fayetteville ' Sanitary Sewer Improvements 6 I ' 3. In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and ' alternatives and unit prices if requested in the Bid Form. Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the ' principal items of material or equipment), and may reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. 4. A responsive Bidder shall be one who has responded accurately to all requirements of these Contract ' Documents and the preparation and submission of his Bid. If any alterations, erasures or changes are made to the printed Bid Form, the Bid shall be considered nonresponsive. 5. The Owner reserves the right to accept and incorporate corrections, clarifications or modifications following 'bid opening when to do so would not, in the Owner's opinion, prejudice the bidding process or create any improper advantage to any bidder; and to waive irregularities and informalities in any proposal ' submitted or in the bidding process; provided, however, that the waiver of any prior defect or informality shall not be considered a waiver of any future or similar defects or informalities and bidders should not rely upon, or anticipate, such waivers in submitting their proposals. 6. If the Contract is awarded, Owner shall give the apparent successful Bidder or Bidders a Notice of Award ' within 90 days after date of the Bid Opening. 7. Time on all Units will run concurrently. If the Contractor is low bidder on more than one Unit, his time for all Units awarded to him will be the longest time period allowed on any of the Units for which the Contractor is the low bidder. V. Effective Date of Award If a Contract is awarded by the Owner, such award shall be effective when formal notice of such award, signed by the authorized representative of the Owner, has been delivered to the intended awardee, by some officer or agent of the Owner duly authorized to give such notice or received by mail at the main business address shown on his Bid. 1 7 Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements L L Copies of the Agreement in the number stated in the form of Agreement, shall be executed by the successful Bidder, and returned, together with the required bonds and insurance, within ten days from and after the date of the award of the Contract. Effective date of bonds shall be the same or later than the date of the Agreement. The Owner has ten days from receipt of acceptable performance bonds and Agreement (signed by the Contractor) to sign the Agreement and return to the Contractor an executed duplicate of the Agreement. Failure of a successful Bidder to execute the Agreement and file required bonds and insurance within the required time shall be just cause for the annulment of the awards. On failure of a successful Bidder to execute the Agreement and file the required bonds and insurance within the required time, he shall forfeit his Bid security as agreed hereinbefore. Upon annulment of an award as aforesaid, the Owner may then award a Contract to the next lowest responsible Bidder. IL ViI!t)fl p4.) W3Xflfejj*I,t.flt!flhti,fl44!UIj)I;t4(4 The successful Contractor will be required to pay for excess cost of field engineering and inspection and liquidated damages as defined in the General Conditions of the Contract, if extensions of time are granted by Owner because of avoidable delays or if the Contractor elects to work overtime hours as defined in the General Conditions of the Contract. The Notice to Proceed shall be issued within ten days of the execution of the Agreement by the owner. The successful Bidder or Bidders on Unit 1, Unit 2, Unit 3, or all; shall commence work within ten calendar days from and after the issuance by the Owner of a written Notice to Proceed, shall substantially complete all work in accordance with the terms and conditions of the Contract Documents in 160 working days for Unit 1, 190 working days for Unit 2, and in 150 working days for. Unit 3 All work shall be complete to the point of final acceptance in 190 working days for Unit 1, Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 8 1 1 1 I 1 I in 220 working days for Unit 2, and in 180 working days for Unit 3. The Notice to Proceed will.be issued after receipt of acceptable insurance, bonds, and other required items. ' Time on all units will run concurrently. If a Contractor is low bidder on two or all units, his time will be the longest time period allowed on all units for which the Contractor is low bidder. AA. Information Not Guaranteed Ii. All information given on the Drawings or in the other Contract Documents relating to subsurface and other conditions, natural phenomena, existing pipes, and other ' structures is from the best sources at present available to the Owner. All such information is furnished only for the convenience of bidders and is not guaranteed. ' 2. It is agreed and understood that the owner does not warrant or guarantee that the subsurface or other conditions, natural phenomena, existing pipes or other ' structures encountered during construction will be the same as those indicated on the Drawings or in the other Contract Documents. ' 3. It is agreed further and understood that no bidders or contractor shall use or be entitled to use any of the information made available to him or obtained in any examination made by him in any manner as a basis of or ground for any claim or demand against the Owner or the Engineer, arising from or by reason of any variance which may exist between the information made available and the ' actual subsurface or other conditions, natural phenomena, existing pipes or other structures actually encountered during the construction work, except as may otherwise be expressly provided for in the Contract Documents. BB. Covenant Against Contingent Fees The contractor warrants that no person or selling agency has ' been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or ' violation of this warranty the owner shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. I Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements G CC DD Gratuities 1. The owner may, by written notice to the contractor, terminate the right of the contractor to proceed under this contract if it is found, after notice and hearing, by the owner that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the contractor or any agent or representative of contractor, to any official or employee of the Owner with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performance of this contract: Provided, that if the existence of the facts upon which the Owner makes such findings are in issue, they may be reviewed in proceedings pursuant to Article 30 (Arbitration) of the General Conditions of this contract. 2. In the event this contract is terminated as provided in the paragraph (1) above, the owner shall be entitled: a) to pursue the same remedies against the contractor as it could pursue in the event of a breach of the contract by the contractor, and b) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Owner) which. shall be not less than three nor more than ten times the costs incurred by the contractor of providing any such gratuities to any such officer or employee. 3. The rights and remedies of the owner provided in this clause shall not be exclusive and are in additions to any rights and remedies provided by law or under this contract, The award or execution of all subcontracts by a prime contractor and the procurement and negotiation procedures used by such prime contractor in awarding or executing such subcontracts shall comply with: 1. All provisions of State 2. All provisions of these to fraud and other unla 3. All provisions of these to access to facilities records. and local law; General Conditions with respect wful or corrupt practices; and - General Conditions with respect and records and audit of C I I 1 C I 11 7 I 11 I. II C I P Instructions to Bidders City of Fayetteville Sanitary Sewer Improvements 10 I Arkansas Prevailing Wage Determination Number 96-262 establishes the minimum wage rates to be paid on this project. This Determination is included in these Contract Documents and is a part thereof. These rates were established pursuant to the Arkansas Prevailing Wage Law, Arkansas Code Ann. SS22-9-301 to 22-9-313 (1987) and the administrative regulations promulgated thereunder. The Contractor shall post this Determination at the job site in a prominent and easily accessible place. The "Statement of Intent to Pay Prevailing Wages" shall be completed by the Contractor and returned to the Arkansas Department of Labor within 30 days of the Notice to Proceed. J I I I I I H I it Instructions to Bidders City of Fayetteville sanitary sewer Improvements Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR ' PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: March 11, 1997 DETERMINATION #: 96-262 PROJECT: Sanitary Sewer Rehabilitation COUNTY: Washington White & Illinois River EXPIRATION DATE: 9-11-97 Watersheds SURVEY #: 696-AH05 Fayetteville, Arkansas BASIC I HOURLY FRINGE CLASSIFICATION RATE BENEFITS Bricklayer/Pointer, Cleaner, Caulker 7.70 Carpenter 9.05 1.35 Concrete Finisher/Cement Mason 10.05 Electrician/Alarm Installer 12.00 .46 Laborer 7.70 Pipelayer 8.05 Truck Driver 8.55 Power Equipment Operators.: Bulldozer 11.95 Backhoe-Rubber tired(i yd. or less) 10.10 1.15 Crane, Derrick, Dragline, Shovel & Backhoe, 1-1/2 yds. or less 11.55 Crane, Derrick, Dragline, Shovel & Backhoe, over 1-1/2 yds. 9.90 Front End Loader 11.15 Mechanic 7.70 Roller 9.75 Scraper 11.20 Welders --receive rate prescribed for craft performing operation t to which welding is incidental. Certified July 1, 1996 I. • : • • :: • : • • • YOU • tl: :I• • • ' : 1•:4I • • • •' I• •� • :: I/' :/: •1 S...': Instructions to, Bidders City of Fayetteville Sanitary Sewer Improvements 11 11 11 11 I I I I 12 L I ' roORtn �+ 04 iq H 0 +N 4.4 uwQQ) m mI-JNa04 WO ' U- k0 Zvi 4d I J1 a a Omoa1 Rq1 O0+0 01 ' u q) t"A FEIN 414J 0 ,0 oati OmZ•cmu U 3R gt�yq 'mq"s�vro a w 3 3"u0a c H 2 vo maa, a mmgyq"� ' U1 v v U y U C7 F -1 F W bl 0rim0 ti o {�F ro��tisN,�aroi ^' mmy03ti w O H W 0 W 2F2 ' W En N Wa FrO 3tQ) iOAQCtCiON C ti �n W RC q u1 OtnR0O3 W qUI F H "u� aro ro VI) -W '3 u r"6 ro •U H H O UI " Q) r l W U1 pG M G1r'ik0 Q):iNaNq ai DN flL"L1 W•" ara o o°a 43 o� 4JC:V�iouw 2Fa ' GJ q �O SrS O g 71 U FOH l" UUOO Q � H -1 Ho ou�a�a 2 aqw i.1q N41 4) .a q 1.1 Q) 11 •.•I 0 W •C . • is W bC •.y ri q tJ O a� u G7 m f W U1 Gm.3 •H y m O•H yQ.7 q.C .0 - rxr.�$F ..ci C b\ W4UW F cvmCm W• N O~ v1 ~ ti Fx rl 3tr ~ to to O O 4)G10)4 W a Fa� I UNIT 1 BID PROPOSAL JONES BROS., INC. I I I I CITY OF FAYETTEVILLE, AR e SANITARY SEWER MAIN REHABILITATION WHITE RIVER WATERSHED AND ILLINOIS RIVER WATERSHED CONTRACT II MINISYSTEMS 13B, 15 & 18B/C I BASINS 10,12, 20, & 21 I I t1 I I I I I I I I1 Business Address 5760 Old Lebanon Dirt Road Mt. Juliet, TN 37122 Date To: The City of Fayetteville, AR The undersigned, as Bidder, declares that the only person or parties interested in this Bid as principals are those named herein; that this Bid is made without collusion with any person, firm or corporation; that he has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications for the above designated work, all other documents referred to or mentioned in the Contract Documents, the Contract Drawings and Specifications, including Addenda Nos. 1 , , and issued thereto; and he proposes and agrees if this bid is accepted that he will contract with the City of Fayetteville, AR, in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus, and other means of construction, including utility and transportation services necessary to do all the work and furnish all materials and equipment specified or referred to in the Contract Documents, in the manner and time therein prescribed and according to the requirements of the City of Fayetteville, AR as therein set forth to furnish the Contractor's Bonds and Insurance, and to do all other things required of the Contractor by the Contract Documents, and that he will take in full payment therefor the sums set forth in the following Bid Schedule. Bidder agrees to perform all the work described in the Contract Document for the following unit prices. Note: Bids shall include sales tax and all other applicable taxes. 1 City of II Sanitary Sewer Bid Fayetteville Improvements SANITARY SEWER MAIN REHABILITATION ' UNIT 1 LINING PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID ' 1A1 100 LF Lining of 4" Dia. Sewer Fifty ' Dollars & no Cents per LF $ 50.00 $ 5,000.00 1 1A2 2,175 LF Lining of 6" Dia. Sewer ' Thirty-nine Dollars & Fifty Cents per LF $ 39.50 $_85.912.50 1A3 2,193 LF Lining of 8" Dia. Sewer ' Forty-one ' Dollars & Thirty-five cents per LF $ 41.35 $ 90,680.55* 1A4 163 LF Lining of 10" Dia. Sewer ' Forty-four Dollars & Thirty-five Cents per LF $ 44.35 $_7.229.05 ' lA5 1,010 LF Lining of 12" Dia. Sewer Forty -Eight Dollars & ' Thirty -Five Cents per LF $ 48.35 $ 48,833.50 ' *corrected amount 2 Bid City of Fayetteville ' Sanitary Sewer Improvements UNIT 1 'PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID ' 1A6 1,165 LF Lining of 10" Dia. Sewer Job No. 1019 ' Forty -Four Dollars & Thirty -Five Cents per LF $ 44.35 $ 51,667375 1A7 2,430 LF Lining of 12" Dia. Sewer Job No. 1018 ' Forty -Eight Dollars & Thirty -Five Cents per LF $ 48.35 $ 117,490.50 1B1 1 EA Construct Shallow Manhole ' Five Thousand Five Hundred Dollars & No Cents per EA $ 5,500.00 $ 5,500,00 1C1 2 EA Install Cleanout, as Directed by Engineer ' Two Thousand Two Hundred Dollars & ' No Cents per FA $ 2,200.00 $ 4.400.00 I. 1D1 50 EA 4" Service Connection (Lining), External, per Section D2-13 One Thousand Eight Hundred Dollars & No Cents per EA $ 1,870.00 $93,500.00 1 3 Bid City of Fayetteville ' Sanitary Sewer Improvements UNIT 1 'PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 1D2 18 EA 4" Service Connection (Lining), Internal, per Section D2-13 One Hundred Dollars & ' No Cents per EA $_100.00 $_1.800.00 1E1 4 EA 6" Service Connection (Lining), External ' One Thousand Nine Hundred ' Eighty Dollars & No Cents per EA $_11980.00 $_7,920.00 1F1 604 LF 4" Service Line Fifty -Five Dollars & No Cents per LF $ 55.00 $ 33.220.00 1 1F2 36 LF 6" Service Line sixty -Six Dollars & No Cents per LE $ 66.00 $_2.376.00 1G1 3 EA Clay Dams ' One Hundred Sixty -Five Dollars & ' No Cents per EA $_165.00 $_495.00 4 Bid City of Fayetteville Sanitary Sewer Improvements UNIT 1 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 1H1 9 EA Obstruction Removal Three Thousand Five ' Hundred Dollars & No Cents per EA $_3.500.00 $31,500.00 ' 1I1 190 LF Asphalt Pavement Repair One Hundred ' Ten Dollars & No Cents per LF $_110.00 $ 20.900.00 •1 1I2 50 LF Concrete Street Repair ' one Hundred ' Ten Dollars & No Cents per LF $ 110.00 $ 5.500.00 1 1I3 75 LF Concrete Curb and Gutter Replacement Thirty -Nine Dollars & No Cents per LF $ 39.00 $_2.925.00 ' 1I4 65 LF Concrete Sidewalk Repair Forty -Five ' Dollars & No Cents per LF $ 45.00 $ 2,925.00 ' 5 Bid City of Fayetteville ' Sanitary Sewer Improvements UNIT 1 'PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM O ANTITY BID PRICES WRITTEN IN WORDS PRICE BID ' 1J1 2 CI Concrete Encasement, as Directed by Engineer One Hundred Sixty -Five Dollars & No Cents per CI $_165.00 $_330.00 ' 1K1 55 LF Trench Safety Eleven ' Dollars & No Cents per LE $ 11.00 $ 605.00 ' 1L1 9,236 LF Cleaning and Pre -TV Inspection One Dollars & Twenty -Five Cents per LE $ 1.25 $ 11.545.00 ' 1L2 9,236 LF Post -Construction TV Inspection One ' Dollars & No Cents per LF $ 1.00 $ 9,236.00 1M1 565 LF Hydromulch Seeding Six Dollars & No Cents per LE $ 6.00 $ 3,390.00 ' 6 Bid City of Fayetteville ' Sanitary Sewer Improvements UNIT 1 'PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM OUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 1N1 1 CY Rock Excavation Two Hundred ' Dollars & No Cents per CY $ 200.00 $ 200.00 'TOTAL, UNIT 1, $ 545,080.85* SANITARY SEWER REHABILITATION - LINING Six Hundred Forty -Five Thousand IEighty _Dollars ars and Eighty -Five Cents (in writing) * Corrected amount due to extension error on Bid Item 1A3. CONTRACTORS MAY BID ON UNIT 1, UNIT 2, UNIT 3, OR ALL UNITS. 1 ' 7 Bid City of Fayetteville Sanitary Sewer Improvements It is understood and agreed by the undersigned that the Owner reserves the unrestricted privilege to reject any or all the '• foregoing unit prices in this paragraph which it may consider excessive or unreasonable, or to accept any or all of them as unit prices applicable in the event additions to or deduction ' from the work to be performed on this project are ordered by the Owner. Rejection at any time of such Unit Prices for Construction changes shall not otherwise affect the balance of the Bid or Construction Contract. The selection of the lowest 'bid for each unit shall be based on the total amount bid for that unit. II. BID CONDITIONS It is expressly understood and agreed that the preceding total Bid is the basis for establishing the amount of the Bid security on this Bid for Sanitary Sewer Main Rehabilitation for the City of Fayetteville, AR, and that this total Bid is not to be construed to be a Lump Sum Bid. ' It is further understood that quantities in the bidding schedule for unit price items are approximate only, and that payment of a Contract will be made only on the actual quantities of work ' completed in place, measured on the basis defined in the General Conditions, Specifications, or other Contract Documents. There shall be no measurement or separate payment for any items ' not listed and all costs pertaining thereto shall be included in the unit prices for other items listed in the Proposal. ' The undersigned has carefully checked the above bidding schedule against the Contract Drawings, Specifications, and other Contract Documents before preparing this Bid and accepts the said quantities to be substantially correct, both as to classification ' and amount, and as correctly listing the complete work to be done in accordance with the Contract Drawings, Specifications, and other Contract Documents. If this Bid is accepted and the undersigned shall fail to contract as aforesaid and to give the Performance Bond, Labor and Material Bond, and Maintenance Bond required by the Conditions of ' Contract or by law, and to provide all insurance as required by the Contract Documents within ten (10) days after the date of the notice of award of the Contract, the Owner may, at his option, ' determine that the Bidder has abandoned his Contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the ' Owner as liquidated damages. The undersigned agrees to fully complete all work covered by this ' Bid to the point of substantial completion in 160 working days for Unit 1, 190 working days for Unit 2, and in 150 working days for Unit 3. The undersigned further agrees to fully complete all work covered by this Bid to the point of final acceptance by the Owner in 190 working days for Unit 1, in 220 working days for Unit 2, and in 180 working days for Unit 3. The contract times referenced to above shall commence on the issuance by the Owner of Notices to Proceed. If the undersigned fails to complete the 16 Bid City of Fayetteville ' Sanitary Sewer Improvements work within the contract time, or extension of time granted by the Owner for unavoidable delays, then the undersigned shall pay Ito the Owner liquidated damages for each calendar day beyond the day stipulated in the Contract Documents. By submission of this Bid, the undersigned certifies, and in the case of a joint bid, each party thereto certifies as to his own organization, that in connection with the proposal: A. The prices in the proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to ' any matter relating to such prices with any other bidder or with any competitor; B. Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; and, ' C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not submit a 'bid for the purpose of restricting competition. D. He is the person in the Bidder's organization responsible within that organization for the decision as to the prices being bid and shall also certify that he has not participated, and will not participate in any action contrary to Paragraphs A through C above. E. He is not the person in the Bidder's organization responsible within that organization for the decision as to the prices being bid but that he has been authorized to act ' as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to Paragraphs A ' through C above, and as their agent shall so certify; and shall also certify that he has not participated, and will not participate in any action contrary to Paragraphs A ' through C above. III. BID SECURITY ' Accompanying this Bid is a in the amount of Dollars. �$ ) ' Note: The total amount of Bid security shall be based on the Total Bid of this Contract. L J I 17 City of Sanitary Sewer Bid Fayetteville Improvements IV. BIDDER'S SIGNATURE A. An Individual By (SEAL) (Individuals Name) doing business as Business address: Phone No.: B. A Partnership By (Firm Name) (SEAL) (General Partner) Business address: Phone No.: C. A Corporation By (Corporation Name) (State of Incorporation) LLl (Name of Person Authorized to Sign) (Title) (Corporate Seal) Attest (Secretary) Business address: Phone No.: 18 Bid City of Fayetteville Sanitary Sewer Improvements BY I(Name) ' (Address) By (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). Subscribed and sworn to before me this day of , 199 Notary Public 19 Bid City of Fayetteville Sanitary Sewer Improvements I BID BOND ' KNOW ALL MEN BY THESE PRESENTS, That we (hereinafter called the Principal) and (hereinafter called the Surety), a corporation chartered and existing.under the laws of the State of with its principal office in City of and authorized to do business in the State of Arkansas are held and firmly bound unto the City of Fayetteville, AR (hereinafter called the Owner), in the full and just sum of ' Dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, and assigns, jointly and severally and firmly by the presents. ' WHEREAS, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to perform Sanitary Sewer Main Rehabilitation, White River Watershed, and Illinois River Watershed, Contract II, as described in these Contract Documents, WHEREAS, the Contractor desires to file this bond in accordance ' with law, in lieu of a certified bidder's check otherwise required to accompany this Bid. •' NOW, THEREFORE: The conditions of this obligation are such that if the Bid is accepted, the Principal shall, within ten (10) days after the date of receipt of a written notice of award of contract, execute a contract in accordance with the Bid and upon the terms, conditions and price(s) set forth therein, of form and manner required by the Owner, and execute a sufficient and satisfactory contract Performance Bond, Labor and Material Bond, ' and Maintenance Bond, each payable to the Owner, in an amount of One Hundred Percent (100%) of the total Contract price in form and with security satisfactory to said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid ' owner, upon demand, the amount hereof in good and lawful money of the United States of America not as a penalty but as liquidated damages. 1 Bid Bond City of Fayetteville 1 Sanitary Sewer Improvements II surety companies executing Bonds must hold Certificates of Authority as Acceptable Sureties, must appear on the Treasury Department's most current list (Circular 570 as amended), and be authorized to transact business in the State where the Project is located. IN TESTIMONY THEREOF, the Principal and Surety have caused these ' presents to be duly signed and sealed this day of 1998. Principal By (Seal) I ' (Seal) ICountersigned Local Resident Producing Agent for I Bid Bond City of Fayetteville Sanitary Sewer Improvements 2 List of Major Subcontractors The Bidder expressly agrees that: 1. If awarded a Contract as a result of this Bid, the major subcontractors used in the prosecution of the work will be those listed below, and 2. The following list includes all subcontractors who will perform work representing approximately five percent or more of the Total Bid. 3. The Bidder represents that the subcontractors listed below are financially responsible and are qualified to perform the work required. Category Name ofSubcontractor Address Pregualified I I I I i II Subcontractors City of Fayetteville 1 Sanitary Sewer Improvements II STATEMENT OF EXPERIENCE OF BIDDER ' The Bidder shall state below the work of similar magnitude or character which he has done, and shall give reference to his experience, skill and business standing and of his ability to conduct the work as completely and as rapidly as required under the terms of the contract. References shall include the name and telephone number of the project representative to be contacted. ' Project and Location Reference (1) (2) � (3) (5) (6) (7) Statement of Experience City of Fayetteville 1 Sanitary Sewer Improvements The Bidder shall state below the current projects which he is currently under contract, dollar value of contracts, and estimated time of completion. Estimated Percent Date of Currently (1) (2) (3) (4) (5) (6) (7) (8) (9) Statement of Commitment City of Fayetteville 1 Sanitary Sewer Improvements UNIT 2 BID PROPOSAL T -G EXCAVATING., INC. I I I I CITY OF FAYETTEVILLE, AR BID SANITARY SEWER MAIN REHABILITATION WHITE RIVER WATERSHED AND ILLINOIS RIVER CONTRACT II MINISYSTEMS 13B, 15 & 18B/C I BASINS 10,12, 20, & 21 I I 'J I Date May 5. 1998 To: The City of Fayetteville, AR The undersigned, as Bidder, declares that the only person or parties interested in this Bid as principals are those named herein; that this Bid is made without collusion with any person, firm or corporation; that he has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications for the above designated work, all other documents referred to or mentioned in the Contract Documents, the Contract Drawings and Specifications, including Addenda Nos., , and issued thereto; and he proposes and agrees if this bid is accepted that he will contract with the City of Fayetteville, AR, in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus, and other means of construction, including utility and transportation services necessary to do all the work and furnish all materials and equipment specified or referred to in the Contract Documents, in the manner and time therein prescribed and according to the requirements of the City of Fayetteville, AR as therein set forth to furnish the Contractor's Bonds and Insurance, and to do all other things required of the Contractor by the Contract Documents, and that he will take in full payment therefor the sums set forth in the following Bid Schedule. Bidder agrees to perform all th Document for the following unit Note: Bids shall include applicable taxes. Addendum No. 1 9 work described in the Contract prices. sales tax and all other 1 Bid City of Fayetteville Sanitary Sewer Improvements SANITARY SEWER MAIN REHABILITATION UNIT 2 PIPE BURSTING/OPEN CUT PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 2A1 1,674 LF Pipe Bursting, 6"-8" Dia. Pipe Forty -Seven Dollars & No Cents per LF $ 47.00 $ 78,678.00 2B1 35 LF 8" DIP Sewer Pipe, Open Cut Sixty Dollars & No Cents per LF $ 60.00 $_2,100.00 2B2 510 LF 8" PVC Sewer Pipe, 6'-10' Deep, Open Cut Fifty Dollars & No Cents per LF $ 50.00 $ 25.500.00 2C1 10 EA 48" Standard Manhole, 0'-6' Thousand Deep Two Three Hundred Dollars & No Cents per EA $ 2.300.00 $23,000.00 2C2 14 VF 48" Standard Manhole, Extra Depth over 6' Two Hundred Twenty Dollars & No Cents per VF $ 220.00 $_3,080.00 8 Bid City of Fayetteville Sanitary Sewer Improvements UNIT 2 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM OUANTTTY BID PRICES WRITTEN IN.WORDS PRICE BID 2C3 2 EA Shallow Manhole Two Thousand Five Hundred Dollars & No Cents per EA $ 2,500.00 $5,000.00 2D1 1 EA Install Cleanout, As Directed by Engineer Eight Hundred Dollars & No Cents per EA $_800.00 $_800.00 2E1 10 EA Watertight Manhole Inserts One Hundred Dollars & No Cents per EA $ 100.00 $ 1,000.00 2F1 18 EA 4" Service Connection, (Pipe Bursting), External Nine Hundred Dollars & No Cents per EA $ 900.00 $ 16 200.00 2F2 7 EA 4" Service Connection (Open Three Cut) Hundred Dollars & No Cents per EA $ 300.00 $_2,100.00 9 Bid City of Fayetteville Sanitary Sewer Improvements UNIT 2 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 2G1 1 EA 6" Service Connection, (Pipe Bursting), External Nine Hundred Fifty -One Dollars & No - Cents per EA $_951.00 $ 951.00 2H1 200 LF 4" Service Line Fifteeen Dollars & No _ Cents per LF $ 15.00 $_3.000.00 2H2 4 LF 6" Service Line Thirty Dollars & No _ Cents per LF $ 30.00 $ 120.00 2I1 4 EA Clay Dams One Hundred Dollars & No- Cents per EA $ 100.00 $ 400.00 2J1 2 EA Obstruction Removal, 6" Diameter Sewer Pipe, 0' - 10' Deep One Thousand Five Hundred _ Dollars & No . Cents per EA $1,500.00 $ 3,000,00 10 Bid City of Fayetteville Sanitary Sewer Improvements UNIT 2 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 2K1 55 LF Asphalt Pavement Repair Eighty -Five Dollars & No _ Cents per LF $ 85.00 $ 4,675.00 2L1 25 LF Concrete. Curb and Gutter Replacement Thirty _ Dollars & No _ Cents per LE $ 30.00 $ 750.00 2M1 15 LF Concrete Sidewalk Repair Thirty -Five Dollars & No _ Cents per LE $ 35.00 $ 525.00 2N1 2 CY Concrete Encasement, As Directed by Engineer One Hundred Fifty Dollars & No - Cents per LE $ 150.00 $ 300.00 2O1 585 LF Trench Safety One _ Dollars & No Cents per LE $ 1.00 $ 585.00 11 Bid City of Fayetteville Sanitary Sewer Improvements UNIT 2 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM OT NTTTY BID PRICES WRITTEN IN WORDS PRICE BID 2P1 1,674 LF Cleaning and Pre -TV Inspection Two Dollars & Fifty _ Cents per LF $ 2.50 $ 4,185.00 2P2 2,429 LF Post -Construction TV Inspection One Dollars & No _ Cents per LF $ 1.00 $_2.219.00 2Q1 575 LF Hydromulch Seeding Three _ Dollars & No _ Cents per LF $ 3.00 $ 1,725.00 2R1 10 EA Pit Compaction Tests Seventy --Five Dollars & No Cents per EA $ 75.00 $ 750.00 2S1 20 LF Sag Adjustment for Sewer Pipe Installed by Pipe Enlargement one _Hundred Fifty _ Dollars & No - Cents per LE $ 150.00 $ 3.000.00 12 Bid City of Fayetteville Sanitary Sewer Improvements UNIT 2 PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 2T1 2 CY Rock Excavation Two Hundred Dollars & No Cents per CI $_200.00 $_400.00 2U1 50 TON Rip Rap Fifty Dollars & TOTAL, UNIT 2, SANITARY SEWER REHABILITATION - PIPE BURSTING ,n. �• II CONTRACTORS MAY BID ON UNIT 1, UNIT 2, UNIT 3, OR ALL UNITS. 13 Bid City of Fayetteville Sanitary Sewer Improvements It is understood and agreed by the undersigned that the Owner reserves the unrestricted privilege to reject any or all the ' foregoing unit prices in this paragraph which it may consider excessive or unreasonable, or to accept any or all of them as unit prices applicable in the event additions to or deduction from the work to be performed on this project are ordered by the ' Owner. Rejection at any time of such Unit Prices for Construction changes shall not otherwise affect the balance of the Bid or Construction Contract. The selection of the lowest bid for each unit shall be based on the total amount bid for 'that unit. II, BID CONDITIONS IIt is expressly understood and agreed that the preceding total Bid is the basis for establishing the amount of the Bid security on this Bid for Sanitary Sewer Main Rehabilitation for the City of Fayetteville, AR, and that this total Bid is not to be construed to be a Lump Sum Bid. ' It is further understood that quantities in the bidding schedule for unit price items are approximate only, and that payment of a Contract will be made only on the actual quantities of work ' completed in place, measured on the basis defined in the General Conditions, Specifications, or other Contract Documents. There shall be no measurement or separate payment for any items ' not listed and all costs pertaining thereto shall be included in the unit prices for other items listed in the Proposal. The undersigned has carefully checked the above bidding schedule against the Contract Drawings, Specifications, and other Contract Documents before preparing this Bid and accepts the said quantities to be substantially correct, both as to classification and amount, and as correctly listing the complete work to be done in accordance with the Contract Drawings, Specifications, and other Contract Documents. If this Bid is accepted and the undersigned shall fail to contract as aforesaid and to give the Performance Bond, Labor and Material Bond, and Maintenance Bond required by the Conditions of Contract or by law, and to provide all insurance as required by the Contract Documents within ten (10) days after the date of the notice of award of the Contract, the Owner may, at his option, determine that the Bidder has abandoned his Contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the ' Owner as liquidated damages. The undersigned agrees to fully complete all work covered by this Bid to the point of substantial completion in 160 working days for Unit 1, 190 working days for Unit 2, and in 150 working days for Unit 3. The undersigned further agrees to fully complete all work covered by this Bid to the point of final acceptance by the ' Owner in 190 working days for Unit 1, in 220 working days for Unit 2, and in 180 working days for Unit 3. The contract times referenced to above shall commence on the issuance by the Owner of Notices to Proceed. If the undersigned fails to complete the 16 Bid City of Fayetteville ' Sanitary Sewer Improvements ' work within the contract time, or extension of time granted by the Owner for unavoidable delays, then the undersigned shall pay Ito the Owner liquidated damages for each calendar day beyond the day stipulated in the Contract Documents. By submission of this Bid, the undersigned certifies, and in the case of a joint bid, each party thereto certifies as to his own organization, that in connection with the proposal: IA. The prices in the proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; B. Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly been disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; and, C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not submit a bid for the purpose of restricting competition. D. He is the person in the Bidder's organization responsible within that organization for the decision as to the prices being bid and shall also certify that he has not participated, and will not participate in any action contrary to Paragraphs A through C above. E. He is not the person in the Bidder's organization responsible within that organization for the decision as to the prices being bid but that he has been authorized to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to Paragraphs A through C above, and as their agent shall so certify; and shall also certify that he has not participated, and will not participate in any action contrary to Paragraphs A through C above. Accompanying this Bid is a- in the amount of Dollars. (S ) Note: The total amount of Bid security shall be based on the Total Bid of this Contract. 17 Bid City of Fayetteville Sanitary Sewer Improvements IV. BIDDER'S SIGNATURE A. An Individual By (SEAL) Individual's Name doing business as Business address: Phone No.: B. A Partnership By (Firm Name) (SEAL) (General Partner) Business address: Phone No.: C. A corporation By (Corporation Name) (State of Incorporation) By (Name of Person Authorized to Sign) (Title) (Corporate Seal) Attest (Secretary) Business address: Phone No.: 18 Bid City of Fayetteville Sanitary Sewer Improvements By (Name) (Address) By (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). Subscribed and sworn to before me this , 199_. day of _Notary Public 19 Bid City of Fayetteville Sanitary Sewer Improvements ' BID BOND ' KNOW ALL MEN BY THESE PRESENTS, That we (hereinafter called the Principal) and (hereinafter called the Surety), a corporation chartered and existing under the laws of the State of with its principal office in City of ' and authorized to do business in the State of Arkansas are held and firmly bound unto the City of Fayetteville, AR (hereinafter called the Owner), in the full and just sum of Dollars ($ ) good and I lawful money of the United States of America, to be paid upon demand of the Owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, executors, administrators, and assigns, jointly and severally and firmly by the presents. I I WHEREAS, the Contractor desires Iwith law, in lieu of a certifie required to accompany this Bid. WHEREAS, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to perform Sanitary Sewer Main Rehabilitation, White River Watershed, and Illinois River Watershed, Contract II, as described in these Contract Documents, d to file this bond in accordance bidder's check otherwise ' NOW, THEREFORE: The conditions of this obligation are such that if the Bid is accepted, the Principal shall, within ten (10) days after the date of receipt of a written notice of award of contract, execute a contract in accordance with the Bid and upon the terms, conditions and price(s) set forth therein, of form and manner required by the Owner, and execute a sufficient and satisfactory contract Performance Bond, Labor and Material Bond, ' and Maintenance Bond, each payable to the Owner, in an amount of One Hundred Percent (100%) of the total Contract price in form and with security satisfactory to said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America not as a penalty but as liquidated damages. I [1 ' Bid Bond 1 City of Fayetteville 1 Sanitary Sewer Improvements Surety companies executing Bonds must hold Certificates of Authority as Acceptable Sureties, must, appear on the Treasury Department's most current list (Circular 570 as amended), and be authorized to transact business in the State where the Project is located. IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this day of , 1998. Principal I FY1 Surety (Seal) Countersigned Local Resident Producing Agent for I Bid Bond City of Fayetteville Sanitary Sewer Improvements 2 SUBCONTRACTORS List of Major Subcontractors The Bidder expressly agrees that: 1. If awarded a Contract as a result of this Bid, the major subcontractors used in the prosecution of the work will be those listed below, and 2. The following list includes all subcontractors who will perform work representing approximately five percent or more of the Total Bid. 3. The Bidder represents that the subcontractors listed below are financially responsible and are qualified to perform the work required. Category Name of Subcontractor Address Preaualified Subcontractors City of Fayetteville 1 Sanitary Sewer Improvements The Bidder shall state below the work of similar magnitude or character which he has done, and shall give reference to his experience, skill and business standing and of his ability to conduct the work as completely and as rapidly as required under the terms of the contract. References shall include the name and telephone number of the project representative to be contacted. (1) (2) (3) I 1 (4) (5) (6) (7) Statement of Experience City of Fayetteville 1 Sanitary Sewer Improvements The Bidder shall state below the current projects which he is currently under contract, dollar value of contracts, and estimated time of completion. Estimated Percent Date of Currently (1) (2) (3) (4) (5) (6) (7) (8) (9) Statement of Commitment City of Fayetteville 1 Sanitary Sewer Improvements UNIT 3 BID PROPOSAL INSITUFORM. INC. [1 I I I CITY OF FAYETTEVILLE, AR i4 SANITARY SEWER MAIN REHABILITATION WHITE RIVER WATERSHED AND ILLINOIS RIVER WATERSHED CONTRACT II MINISYSTEMS 13B, I 15 & 18B/C BASINS 10,12, 20, & 21 I I I I I I I I I I I I I .- - - t.. —uaSilliJe Date May 5. 1998 To: The City of Fayetteville, AR The undersigned, as Bidder, declares that the only person or parties interested in this Bid as principals are those named herein; that this Bid is made without collusion with any person, firm or corporation; that he has carefully examined the location of the proposed work, the proposed forms of Agreement and Bonds, and the Contract Drawings and Specifications for the above designated work, all other documents referred to or mentioned in the Contract Documents, the Contract Drawings and Specifications, including Addenda Nos., , and issued thereto; and he proposes and agrees if this bid is accepted that he will contract with the City of Fayetteville, AR, in the form of the copy of the Agreement included in these Contract Documents, to provide all necessary machinery, tools, apparatus, and other means of construction, including utility and transportation services necessary to do all the work and furnish all materials and equipment specified or referred to in the Contract Documents, in the manner and time therein prescribed and according to the requirements of the City of Fayetteville, AR as therein set forth to furnish the Contractor's Bonds and Insurance, and to do all other things required of the Contractor by the Contract Documents, and that he will take in full payment therefor the sums set forth in the following Bid Schedule. Bidder agrees to perform all the work described in the Contract Document for the following unit prices. Note: Bids shall include sales tax and all other applicable taxes. Addendum No. 1 1 Bid City of Fayetteville Sanitary Sewer Improvements PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM QUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 3A1 2,000 LF Lining of 6" Dia. Sewer Forty -Six Dollars & No Cents per LF $ 46.00 $ 92,000.00 3A2 2,000 LF Lining of Forty -Four 8" Dia. Sewer Dollars & No Cents per LE $ 44.00 $_88,000.00 3A3 500 LF Lining of 12" Dia. Sewer Sixty -One Dollars & No Cents per LF $ 61.00 $ 30.500.00 3B1 15 EA Service Connection, Internal, per Section D2-13 Four Hundred Dollars & No Cents per EA $ 400.00 $ 6.000.00 3C1 1,125 LF Cleaning Three and Pre -TV Inspection Dollars & Fifty Cents per LF $ 3.50 $_3,937.50 Addendum No. 1 14 Bid City of Fayetteville Sanitary Sewer Improvements UNIT 3 'PAY APPROXIMATE DESCRIPTION OF ITEMS WITH UNIT AMOUNT ITEM OUANTITY BID PRICES WRITTEN IN WORDS PRICE BID 3C2 4,500 LF Post -Construction TV Inspection One ' Dollars & No Cents per LF $ 1.00 $ 4,500.00 1 ' 3D1 3 EA Standard Mobilization One Thousand ' Dollars & No Cents per EA $ 1,000.00 $ 3.000.00 ' 3D2 1 EA Emergency Mobilization One Thousand Dollars & No Cents per EA $ 1.00 $_1,000.00 TOTAL, UNIT 3 $_228,937.50 SANITARY SEWER REHABILITATION - LINING - TERM CONTRACT Two Hundred Twenty -Eight Thousand Nine Hundred Thirty -Seven Dollars and Fifty Cents (in writing) CONTRACTORS MAY BID ON UNIT 1, UNIT 2, UNIT 3, OR ALL UNITS. Addendum No. 1 15 Bid City of Fayetteville ' Sanitary Sewer Improvements It is understood and agreed by the undersigned that the Owner reserves the unrestricted privilege to reject any or all the '• foregoing unit prices in this paragraph which it may consider excessive or unreasonable, or to accept any or all of them as unit prices applicable in the event additions to or deduction from the work to be performed on this project are ordered by the ' Owner. Rejection at any time of such Unit Prices for Construction changes shall not otherwise affect the balance of the Bid or Construction Contract. The selection of the lowest ' bid for each unit shall be based on the total amount bid for that unit. II. BID CONDITIONS It is expressly understood and agreed that the preceding total Bid is the basis for establishing the amount of the Bid security on this Bid for Sanitary Sewer Main Rehabilitation for the City of .Fayetteville, AR, and that this total Bid is not to be construed to be a Lump Sum Bid. ' It is further understood that quantities in the bidding schedule for unit price items are approximate only, and that payment of a Contract will be made only on the actual quantities of work ' completed in place, measured on the basis defined in the General Conditions, Specifications, or other Contract Documents. There shall be no measurement or separate payment for any items ' not listed and all costs pertaining thereto shall be included in the unit prices for other items listed in the Proposal. ' The undersigned has carefully checked the above bidding schedule against the Contract Drawings, Specifications, and other Contract Documents before preparing this Bid and accepts the said quantities to be substantially correct, both as to classification ' and amount, and as correctly listing the complete work to be done in accordance with the Contract Drawings, Specifications, and other Contract Documents. ' If this Bid is accepted and the undersigned shall fail to contract as aforesaid and to give the Performance Bond, Labor and Material Bond, and Maintenance Bond required by the Conditions of ' Contract or by law, and to provide all insurance as required by the Contract Documents within ten (10) days after the date of the notice of award of the Contract, the Owner may, at his option, determine that the Bidder has abandoned his Contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Owner as liquidated damages. .The undersigned agrees to fully complete all work covered by this ' Bid to the point of substantial completion in 160 working days for Unit 1, 190 working days for Unit 2, and in 150 working days for Unit 3. The undersigned further agrees to fully complete all work covered by this Bid to the point of final acceptance by the ' Owner in 190 working days for Unit 1, in 220 working days for Unit 2, and in 180 working days for Unit 3. The contract times referenced to above shall commence on the issuance by the Owner ' of Notices to proceed. If the undersigned fails to complete the 16 Bid City of Fayetteville Sanitary Sewer Improvements work within the contract time, or extension of time granted by the Owner for unavoidable delays, then the undersigned shall pay Ito the Owner liquidated damages for each calendar day beyond the day stipulated in the Contract Documents. By submission of this Bid, the undersigned certifies, and in the ' case of a joint bid, each party thereto certifies as to his own organization, that in connection with the proposal: IA. The prices in the proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to ' any matter relating to such prices with any other bidder or with any competitor; B. Unless otherwise required by law, the prices which have been ' quoted in the bid have not knowingly been disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; and, ' C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not submit a 'bid for the purpose of restricting competition. D. He is the person in the Bidder's organization responsible within that organization for the decision as to the prices ' being bid and shall also certify that he has not participated, and will not participate in any action contrary to Paragraphs A through C above. ' E. He is not the person in the Bidder's organization responsible within that organization for the decision as to the prices being bid but that he has been authorized to act ' as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to Paragraphs A ' through C above, and as their agent shall so certify; and shall also certify that he has not participated, and will not participate in any action contrary to Paragraphs A ' through C above. III. BID SECURITY ' Accompanying this Bid is a- in the amount of Dollars. cs ) Note: The total amount of Bid security shall be based on the Total Bid of this Contract. I H 17 I City of Sanitary Sewer Bid Fayetteville Improvements IV. BIDDER'S SIGNATURE A. An Individual By (SEAL) (Individual's Name) doing business as Business address: Phone No.: B. A Partnership By (Firm Name) (SEAL) (General Partner) Business address: Phone No.: C. A Corporation By (Corporation Name) (State of Incorporation) LO (Name of Person Authorized to Sign) (Title) (Corporate Seal) Attest (Secretary) Business address: Phone No.: 18 Bid City of Fayetteville Sanitary Sewer Improvements (Address) By (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). Subscribed and sworn to before me this - day of 1199. Notary Public 19 Bid City of Fayetteville Sanitary Sewer Improvements I BID BOND KNOW ALL MEN BY THESE PRESENTS, That we (hereinafter called the Principal) and (hereinafter called the Surety), a corporation chartered and existing under the laws of the State of with its principal office in City of and authorized to do business in the State of Arkansas are held and firmly bound unto the City of Fayetteville, AR (hereinafter called the Owner), in the full and just sum of ' Dollars ($ ) good and lawful money of the United States of America, to be paid upon demand of the owner, to which payment well and truly to be made, the Principal and the Surety bind themselves, their heirs, 1 executors, administrators, and assigns, jointly and severally and firmly by the presents. WHEREAS, the Principal is about to submit, or has submitted to the Owner, a Bid for furnishing all labor, materials, equipment and incidentals necessary to perform Sanitary Sewer Main Rehabilitation, White River Watershed, and Illinois River Watershed, Contract II, as described in these Contract Documents, WHEREAS, the Contractor desires to file this bond in accordance • with law, in lieu of a certified bidder's check otherwise • required to accompany this Bid. NOW, THEREFORE: The conditions of this obligation are such that if the Bid is accepted, the Principal shall, within ten (10) days after the date of receipt of a written notice of award of ' contract, execute a contract in accordance with the Bid and upon the terms, conditions and price(s) set forth therein, of form and manner required by the Owner, and execute a sufficient and satisfactory contract Performance Bond, Labor and Material Bond, and Maintenance Bond, each payable to the owner, in an amount of One Hundred Percent (100%) of the total Contract price in form and with security satisfactory to said Owner, then this obligation to be void; otherwise to be and remain in full force and virtue in law; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid 1. Owner, upon demand, the amount hereof in good and lawful money of the United States of America not as a penalty but as liquidated damages. L Bid Bond 1 City of Fayetteville 1 Sanitary Sewer Improvements El Surety companies executing Bonds must hold Certificates of Authority as Acceptable Sureties, must appear on the Treasury Department's most current list (Circular 570 as amended), and be authorized to transact business in the State where the Project is located. IN TESTIMONY THEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this day of 1998. ' Principal • By • (Seal) ISurety (Seal) ' Countersigned Local Resident Producing Agent for i I I I I I I I Bid Bond City of Fayetteville Sanitary Sewer Improvements 2 List of Major Subcontractors The Bidder expressly agrees that: 1. If awarded a Contract as a result of this Bid, the major subcontractors used in the prosecution of the work will be those listed below, and 2. The following list includes all subcontractors who will perform work representing approximately five percent or more of the Total Bid. 3. The Bidder represents that the subcontractors listed below are financially responsible and are qualified to perform the. work required. Category Name of Subcontractor Address Preoualified I ii Subcontractors City of Fayetteville 1 Sanitary Sewer Improvements I STATEMENT OF EXPERIENCE OF BIDDER The Bidder shall state below the work of similar magnitude or character which he has done, and shall give reference to his experience, skill and business standing and of his ability to conduct the work as completely and as rapidly as required under the terms of the contract. References shall include the name and telephone number of the project representative to be contacted. Project and Location Reference (1) (2) I 1 (4) 1 (5) (6) (7) I I I I 1 Statement of Experience City of Fayetteville 1 Sanitary Sewer Improvements The Bidder shall state below the current projects which he is currently under contract, dollar value of contracts, and estimated time of completion. Estimated Percent Date of Currently Project and Location Dollar Value Completion Complete (1) (2) (3) (4) (5) (6) (7) (8) (9) Statement of commitment City of Fayetteville 1 Sanitary Sewer Improvements UNIT 1 AGREEMENT JONES BROS. , INC. CITY OF FAYETTEVILLE, ARKANSAS AGREEMENT SANITARY SEWER MAIN REHABILITATION WHITE RIVER WATERSHED AND ILLINOIS RIVER WATERSHED MINISYSTEMS 13B, 15 & 18B/C AND BASINS 10, 12, 20, & 21 CONTRACT II UNIT 1 THIS AGREEMENT, made this _____ day of�, 1998, by and between the City of Fayetteville, Arka as, a municipal corporation, hereinafter called the Owner, and Jones Bros. Inc. hereinafter called the Contractor. WITNESSETH: WHEREAS, the Owner has heretofore solicited Bids for all the work and improvements for the doing of all things included within the hereinafter specified Sanitary Sewer Main Rehabilitation, White River Watershed, Minisystems 13B, 15 & 18B/C and Illinois River Watershed, Basins 10, 12, 20, & 21, Contract II. WHEREAS, the Owner did on the day of , 1998 find that the Contractor was the lowest responsive, responsible Bidder for the hereinafter specified work and did award the Contractor a Contract for said work. NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertaking and agreements, the parties hereto do hereby agree as follows: The Contractor agrees, at his own cost and expense, to do all the work and to furnish all the labor, materials, equipment and other property necessary to do, construct, install and complete all the works and improvements included in Sanitary Sewer Main Rehabilitation, White River Watershed Minisystems 13B, 15 & 18B/C and Illinois River Watershed, Basins 10, 12, 20, & 21, Contract II. All in full accordance with and in compliance with and as required by the hereinafter specified Contract Documents and any addenda for said work, and to do, at his own cost and expense, all other things required of the Contractor by said Contract Documents for said work. The Contract Documents are defined in the General Conditions. 1 Agreement City of Fayetteville Sewer System Improvements 11 The Contractor agrees to receive and accept the attached contract unit prices and/or lump sum prices as full compensation for furnishing all materials and equipment for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the Owner, and for all risks of every description connected with the work; also for well and faithfully completing the work, and the whole thereof, in the manner and according to and in compliance with the Contract Documents and the requirements of the Engineer under them, also for any and all things required by the Contract Documents. The Contractor shall, and agrees to, pay exc as described in the General Conditions. The Contractor shall, and agrees to, pay for or actual damages if the Contractor fails to within the specified time in accordance with Conditions. :ss engineering costs liquidated damages complete the project the General I The Contractor agrees to commence work under this Agreement within ten calendar days of receipt of written Notice to Proceed and to complete all work included in this Contract to the point of substantial completion in 160 working days. The contractor further agrees to complete all work to the point of final acceptance by the Owner in 190 working days. 2 R The Contractor shall, and agrees to, furnish and deliver to the Owner, the Faithful Performance Bond, the Contractor's Labor and Material Borid, the Maintenance Bond and the insurance certificates and policies of insurance required of him by provisions of the Contract Documents, and to do, prior to starting work., all other things which are required of him by the Contract ;Documents as a prerequisite of starting work. 1 I I Agreement 2 City of Fayetteville Sewer System Improvements I I I I I The Owner agrees with said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and do all the work, and do all other things hereinabove contained or referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth or referred to in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. There shall be no measurement or separate payment for any items not listed and all costs pertaining thereto shall be included in the Contract unit prices for other items listed. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed in three original counterparts the day ;and year first above written. 1 ' "Attest: b1?LL (Contractor) By �� v Name Wm. R. Slinkard Name M F Huhhard (please type) (please type) Title Vice President Title V;ra Dr ' - r aE k (SEAL) 4::.. .;i t• $ CITY OF FAYETTEVILLE, AR l ''yr'af.' • Attest: BY Name #e/7,v&,& spaop wP c Name 10EgW HAt IA (please type) (please type) Title (dry CGneAC Title /71A✓oQ 3 Agreement City of Fayetteville Sewer System Improvements ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND If as Principal, hereinafter called Principal, and a corporation organized and existing under the laws of the State of Arkansas and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by. written agreement dated entered into a contract with Owner for Sanitary Sewer Main Rehabilitation, White River Watershed Minisystems 13B, 15 & 18B/C and Illinois River Watershed, Basins 10, 12, 20, & 21, Contract II, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure to do so and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six ' months from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. ' Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being ' hereby waived. 1 Performance Bond ' City of Fayetteville Sanitary Sewer Improvements In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on. this day of , 1998. Principal 0 Surety By Attorney -in -fact Performance Bond 2 City of Fayetteville Sanitary Sewer Improvements MAINTENANCE BOND BOND NUMBER KNOW ALL MEN BY THESE PRESENTS, That we, (hereinafter called the Principal), and a corporation (hereinafter called the Surety), are held and firmly bound unto hereinafter called the Obligee), in the full and just sum of I lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain contract with the Obligee dated which contract has been or is about to be accepted. AND WHEREAS, specifications and contract provided that should guarantee the project free from defects caused by faulty workmanship and materials for a period of two years after substantial completion, general wear and tear excepted. NOW, THEREFORE, if the said project shall be free from defects of workmanship and materials, general wear and tear excepted, for a period of two years after substantial completion, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered Witness as to (Seal) Maintenance Bond City of Fayetteville Sanitary Sewer Improvements I I I I L I I I I I I El I I I I I I UNIT 2 AGREEMENT T -G EXCAVATING., INC. I I I L I I I I n I I I C H C H I CITY OF FAYETTEVILLE, ARKANSAS AGREEMENT SANITARY SEWER MAIN REHABILITATION WHITE RIVER WATERSHED AND ILLINOIS RIVER WATERSHED MINISYSTEMS 13B, 15 & 18B/C AND BASINS 10, 12, 20, & 21 CONTRACT II UNIT 2 THIS AGREEMENT, made this 2 day of a , 1998, by and between the City of Fayetteville, Ark say, a municipal corporation, hereinafter called the Owner, and T -G Excavatinu. Inc hereinafter called the Contractor. WITNESSETH: WHEREAS, the Owner has heretofore solicited Bids for all the work and improvements for the doing of all things included within the hereinafter specified Sanitary Sewer Main Rehabilitation, White River Watershed, Minisystems 13B, 15 & 18B/C and Illinois River Watershed, Basins 10, 12, 20, & 21, Contract II. WHEREAS, the Owner did on the 5 day of M____� __-, 1998 find that the Contractor was the lowest responsive, responsible Bidder for the hereinafter specified work and did award the Contractor a Contract for said work. NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertaking and agreements, the parties hereto do hereby agree as follows: ] �.• � �\mil I„'l�.ai\�4� � _� _� � \ i • L� • y The Contractor agrees, at his own cost and expense, to do all the work and to furnish all the labor, materials, equipment and other property necessary to do, construct, install and complete all the works and improvements included in Sanitary Sewer Main Rehabilitation, White River Watershed Minisystems 13B, 15 & 18B/C and Illinois River Watershed, Basins 10, 12, 20, & 21, Contract II. All in full accordance with and in compliance with and as required by the hereinafter specified Contract Documents and any addenda for said work, and to do, at his own cost and expense, all other things required of the Contractor by said Contract Documents for said work. The Contract Documents are defined in the General Conditions. Agreement City of Fayetteville Sewer System Improvements I The Contractor agrees to receive and accept the attached contract unit prices and/or lump sum prices as full compensation for furnishing all materials and equipment for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the Owner, and for all risks of every description connected with the work; also for well and faithfully completing the work, and the whole thereof, in the manner and according to and in compliance with the Contract Documents and the requirements of the Engineer under them, also for any and all things required by the Contract Documents. ARTICLE TV LIQUIDATED DAMAGES OR ACTUAL DAMAGES AND EXCESS ENGINEERING COSTS The Contractor shall, and agrees to, pay excess engineering costs as described in the General Conditions. The Contractor shall, and agrees to, pay for liquidated damages or actual damages if the Contractor fails to complete the project within the specified time in accordance with the General Conditions. The Contractor agrees to commence work under this Agreement within ten calendar days of receipt of written Notice to Proceed and to complete all work included in this Contract to the point of substantial completion in 190 working days. The contractor further agrees to complete all work to the point of final acceptance by the owner in 220 working days. The,Contractor shall, and agrees to, furnish and deliver to Owner, the .Faithful Performance Bond, the Contractor's Labor Material Bond; the Maintenance Bond and the insurance certificates;cand policies of insurance required of him by provisions of the Contract Documents, and to do, prior to starting work, all other things which are required of him b Contract Documents as a prerequisite of starting work. I I I I I 1J I L L y the and ' the •, 1 I 1 Agreement 2 City of Fayetteville Sewer System Improvements F II II I I I II I 71 I I L1 C I LJ H I The owner agrees with said Contractor to employ, and does hereby employ, the said Contractor to provide the materials and do all the work, and do all other things hereinabove contained or referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth or referred to in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. There shall be no measurement or separate payment for any items not listed and all costs pertaining thereto shall be included in the contract unit prices for other items listed. IN WITNESS WHEREOF, the parties hereto have caused this Flnstrument to be executed in three original -counterparts the day and 'year. first above written. (Contractor) Attest: By Name Lf) RRy II. /'/At/6 y Name SRi✓nie n K. h'eaR n v&, (please type) (please type) Title _EGReTA__ Title ieEsIoEflr `. :}: . It 1i �yR>i•�J JUµ C,� •..� t � .� ty j f: (SEAL) 41i, vt�.jt.°fyT!' CITY OF FAYETTEVILLE, AR aw � .. Attest: XAI By Name tin 2Name FZt?7 d.gu/.0 (please type) (please type) Title CIYr CLeAK Title ____ __ City of Sewer System Agreement Fayetteville Improvements I ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND ' We as Principal, hereinafter called Principal, and a corporation organized and existing under the laws of the State ' of Arkansas and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated entered into a contract with owner for Sanitary Sewer Main Rehabilitation, White River Watershed Minisystems 13B, 15 & 18B/C and Illinois River Watershed, Basins 10, 12, 20, & 21, Contract II, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure to do so and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and further, that if the principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's I priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six ' months from the date final payment is made on the contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the contract falls due. ' Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. 1 Performance Bond ' city of Fayetteville Sanitary Sewer Improvements In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this day of , 1998. Principal By. Surety By Attorney -in -fact Performance Bond 2 City of Fayetteville Sanitary Sewer Improvements r:`* i''i s .1i KNOW T.T.AHEN BY THESE PRESENTS, That we, (hereinafter called the Principal), and , a corporation (hereinafter called the Surety), are held and firmly bound unto hereinafter called the Obligee), in the full and just sum of lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain contract with the Obligee dated which contract has been or is about to be accepted. AND WHEREAS, specifications and contract provided that should guarantee the project free from defects caused by faulty workmanship and materials for a period of two years after substantial completion, general wear and tear excepted. NOW, THEREFORE, if the said project shall be free from defects of workmanship and materials, general wear and tear excepted, for a period of two years after substantial completion, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered Witness as to (Seal) 1 Maintenance Bond City of Fayetteville Sanitary Sewer Improvements UNIT 3 AGREEMENT INSITUFORM, INC. I I I I I I I I I I I II Li C 1 II CITY OF FAYETTEVILLE, ARKANSAS SANITARY SEWER MAIN REHABILITATION WHITE RIVER WATERSHED AND ILLINOIS RIVER WATERSHED 1ISYSTEMS 13B, 15 & 18B/C AND BASINS 10, 12, 20, & 21 CONTRACT II UNIT 3 THIS AGREEMENT, made this 2x day of Lt- , 1998, by and between the City of Fayetteville, Arka sas, a municipal corporation, hereinafter called the Owner, and Insituform Texark, Inc. hereinafter called the Contractor. WITNESSETH: WHEREAS, the Owner has heretofore solicited Bids for all the work and improvements for the doing of all things included within the hereinafter specified Sanitary Sewer Main Rehabilitation, White River Watershed, Minisystems 13B, 15 & 18B/C and Illinois River Watershed, Basins 10, 12, 20, & 21, contract II. WHEREAS, the Owner did on the day of , 1998 find that the Contractor was the lowest responsive, responsible Bidder for the hereinafter specified work and did award the Contractor a Contract for said work. NOW, THEREFORE, for and in consideration of their mutual promises, covenants, undertaking and agreements, the parties hereto do hereby agree as follows: The Contractor agrees, at his own cost and expense, to do all the work and to furnish all the labor, materials, equipment and other property necessary to do, construct, install and complete all the works and improvements included in Sanitary Sewer Main Rehabilitation, White River Watershed Minisystems 13B, 15 & 18B/C and Illinois River Watershed, Basins 10, 12, 20, & 21, Contract II. All in full accordance with and in compliance with and as required by the hereinafter specified Contract Documents and any addenda for said work, and to do, at his own cost and expense, all other things required of the Contractor by said Contract Documents for said work. The Contract Documents are defined in the General Conditions. • City of • Sewer System Agreement Fayetteville Improvements pssoieass— •� :V• A The Contractor agrees to receive and accept the attached contract unit prices and/or lump sum prices as full compensation for furnishing all materials and equipment for doing all the work contemplated and embraced in this Agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the owner, and for all risks of every description connected with the work; also for well and faithfully completing the work, and the whole thereof, in the manner and according to and in compliance with the Contract Documents and the requirements of the Engineer under them, also for any and all things required by the Contract Documents. The Contractor shall, and agrees to, pay excess engineering costs as described in the General Conditions. ' The Contractor shall, and agrees to, pay for liquidated damages or actual damages if the Contractor fails to complete the project within the specified time in accordance with the General ' Conditions. ARTICLE. V - STARTING AND COMPLETION ' The Contractor agrees to commence work under this Agreement within ten calendar days of receipt of written Notice to Proceed and to complete all work included in this Contract to the point ' of substantial completion in 150 working days. The contractor further agrees to complete all work to the point of final acceptance by the Owner in 180 working days. I The Contractor shall, and agrees to, furnish and deliver to the Owner, the Faithful Performance Bond, the Contractor's Labor and Material Bond, the Maintenance Bond and the insurance ' certificates and policies of insurance required of him by provisions of the Contract Documents, and to do, prior to starting work, all other things which are required of him by the Contract Documents as a prerequisite of starting work. I I I Agreement City of Fayetteville Sewer System Improvements I ARTICLE VI - PAYMENTS TO CONTRACTOR The Owner agrees with said Contractor to employ, and does hereby ' employ, the said Contractor to provide the materials and do all the work, and do all other things hereinabove contained or referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions set forth or referred to in the Contract Documents; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. There shall be no measurement or separate payment for any items ' not listed and all costs pertaining thereto shall be included in the Contract unit prices for other items listed. ' IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed in three original counterparts the day and year first above written. '(SEAL') 1NSYTUF0RN TEXARK, INC. Contractor) Attes o Name oann Smith (please type) (please type) ' Title Assistant Secretary I I C I I (SEAL) CITY OF FAYETTEVILLE, AR Title President r Z) '�( �1 A' I f I , Attest: 1 By L=�`l�'� 3 �i Name A/p797,q&p tooe,&P.� FGOL Name Fp..j /��yWIAOg (please type) (please type) 3 •' City of Sewer System Agreement Fayetteville Improvements ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND We as Principal, hereinafter called Principal, and a corporation organized and existing under the laws of the State of Arkansas and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Li I II I I Principal has by written agreement dated entered into a contract with owner for Sanitary Sewer Main Rehabilitation, White River Watershed Minisystems 13B, 15 & 18B/C and Illinois River Watershed, Basins 10, 12, 20, & 21, Contract II, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure to do so and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and further, that if the principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and. effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. ' Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by ' the Owner of any extension of time for the performance of the contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. 1 Performance Bond City of Fayetteville Sanitary Sewer Improvements In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this day of , 1998. Principal By Surety By Attorney -in -fact Performance Bond 2 City of Fayetteville Sanitary Sewer Improvements II I I MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we ' (hereinafter called the Principal), and a corporation (hereinafter called the Surety), are held and firmly bound unto I hereinafter called the Obligee), in the full and just sum of lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has entered into a certain contract with the Obligee which contract has been or is about to be accepted. AND WHEREAS, specifications and contract provided that should guarantee the project free 'from defects caused by faulty workmanship and materials for a period of two years after substantial completion, general wear and tear excepted. NOW, THEREFORE, if the said project shall be free from defects of workmanship and materials, general wear and tear excepted, for a period of two years after substantial completion, then this obligation shall be null and void; otherwise to remain in full force and effect. Signed, sealed and delivered (Seal) Witness as to 1 Maintenance Bond City of Fayetteville Sanitary Sewer Improvements TABLE OF CONTENTS FOR GENERAL CONDITIONS SUBJECT PAGE A DEFINITIONS ••1 B CONTRACT DOCUMENTS: DEFINITIONS. . . . . . . 6 C PRELIMINARY MATTERS . . . . . . . . . . . . . 8 D CONTRACT DOCUMENTS: INTENT AND REUSE . . . . 11 E AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS . 14 F BONDS AND INSURANCE 18 G CONTRACTOR'S RESPONSIBILITIES . . . . . . . . 29 H OTHER WORK. 43 I OWNER'S RESPONSIBILITIES. . . . . . . . . . . 45 J ENGINEER'S STATUS DURING CONSTRUCTION . . . . 46 K CHANGES IN WORK 50 L CHANGES IN CONTRACT PRICE . •a . . . . . a. 52 M CHANGES IN CONTRACT TIME. . . . . . . . . . . 60 N WARRANTY AND GUARANTEE; TESTS AND OBSERVATIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK . . . . . . . . . . . . . . . . 63 O PAYMENTS TO CONTRACTOR AND COMPLETION . . . . 68 P SUSPENSION OF WORK AND TERMINATION. . . . . . 79 Q ARBITRATION . . . . . . . . . . . . . . . . . 83 R LIQUIDATED DAMAGES OR ACTUAL DAMAGES FOR DELAY . . . . . . . . . . . . . . . . . . 85 S EXCESS ENGINEERING COSTS. . . . . . . . . a 87 T MISCELLANEOUS 88 i INDEX TO GENERAL CONDITIONS Page Paragraph Number Number Acceptance 0.12 76 Access to the Work N.2 63 Addenda, definition of A.1 1 Agreement, definition of A.2, B.3.a 1,6 All Risk Insurance F.2.a 19 Amendment, Written A.41, D.2 5,12 Application for Progress Payment Request 0.2 68 Arbitration Q 83 As Directed, definition of A.3 1 As Shown, definition of A.4 1 Availability of Lands E.1 14 Avoidable Delays M.2.a 61 Award, Notice of, definition of A.23 3 Before Starting Construction C.5 8 Bid, definition of A.5 1 Bidder, definition A.6 1 Bidding Documents B.2 6 Bonds and Insurance F.1, F.2 18,19 Bonds, definition of A.7 1 Bonds, delivery of C.1, F.1 1 8,18 Bonds, Performance and Other B.3.b, F.1 7,18 Cash Allowances L.6 58 Certificate of Insurance F.2.c 22 Changes in Contract Price L 47 Changes in Contract Time M 60 Change Order, definition of A.8 1 Change Orders, Engineer's Responsibility 3.5 47 Change Orders, to be Executed K.4 45 Changes in Work K 45. Claims, Waiver of, on Final Payment 0.14 78 Clarifications and interpretations. 3.4 46 Cleaning G.10.b 36 Completion 0 68 Completion, Substantial 0.8 73 Commencement of Contract Time C.3 8 Conditions of Contract 8.4 7 Conference, Pre -Construction C.6 9 Conflict, Error, Discrepancy - Contractor to Report C.5.a, D.l.c 8,11 Construction Machinery, Equipment, etc. G.2.b 30 ii I II I I I I I I I I Continuing the Work Contract Documents - Amending and Supplementing Contract Documents, definition of Contract Documents, Discrepancies and Omissions Contract Documents: Intent and Reuse Contract Documents: Titles and Headings Contract Price, Change of Contract price, definition of Contract Time, Change of Contract Time, Commencement of Contract Time, definition of Contractor, definition of Contractor May Stop Work or Terminate Contractor's Continuing Obligation Contractor's Duty to Report Discrepancy in Documents Contractor's Fee, Costs Plus Contractor's Liability Insurance Contractor's Responsibilities - in General Contractor's Warranty of Title Contractor's - Other Contractual Documents Contractual Liability Insurance Coordinating Contractor, definition of Coordination Copies of Documents Correction or Removal 'of Defective Work Correction Period, One Year Correction, Removal or Acceptance of Defective Work - in General Cost, Net Decrease Cost of Work Costs, Supplemental G. 15 D.2 A.9, B D.4 D.1 D.5 L A. 10 M C.3 A.11 A.12 P.3 O.13 C.5.a,D.l.b L.5.a F.2.a G O.6 H B.3 F.2.a 11.2 11.2 C.2 N.6 N.7 N.6 thru N.9 L.5.a. (2) L.4,O.4 L.4,a,(5) Day, definition of A.13 Defective, definition of A.14 Defective Work, Acceptance of N.8 Defective Work, Correction or Removal of N.6 ' Defective Work, Rejecting J.6 Definitions A Delays 11.2, M.3 ' Delivery of Bonds C.1 Determination for Unit Prices J.8 Disputes, Decisions by Engineer J.9 Documents, Copies of C.2 Documents, Record G.11 • Documents, Reuse of D.3 Drawings and/or Plans, definition of A.15 I I 40 12 2,6 12 11 13 52 60 8 2 82 77 8,11 57 19 29 71 43 6 19 44 44 8 60 60 65,66 57 53,70 54 2 2 66 65 41 61,62 8 47 48 8 37 12 2 Easements E.1 14 Effective Date of Agreement, definition of A.16 2 Emergencies G.13 38 Engineer, definition of - A.17 2 Engineering Cost, Excess S 82 Engineer's Decisions 3.8, 3.9 47,48 Engineer's, Notice Work is Acceptable 0.12 76 Engineer's Responsibilities, Limitations on 3.10 49 Engineer's Recommendation of Payment 0.7, 0.11 71,76 Engineer's Status During Construction J 46 Equipment, Labor, Materials G.2 30 Equivalent Materials and Equipment G.4 31 Excess Engineering Costs S 87 Extension of Time M.3 62 Explorations of Physical Conditions E.2.a 14 Fee, Contractor's Costs Plus L.5 57 Field Order - definition of A.18 3 Field Order - issued by Engineer K.2 50 Final Acceptance, definition of A.19 3 Final Application for Payment 0.11 76 Final Observation 0.10 76 Final Payment and Acceptance 0.12 76 Final Payment, Recommendation of 0.12 76 General Requirements, definition of A.20 3 General Provisions T.3 88 Giving Notice T.1 88 Guarantee of Work, by Contractor N.1 63 Headings, Titles and D.5 13 Hold Harmless Agreement F.3 24 Indemnification G.16 41 Observation, Final 0.10 76 Observation Tests and N.3 58 Insurance, Amount of Coverage F.2.a.(4) 19 Insurance, Bonds and F.2 19 Insurance, Certificates of C.5.c, F.2.c 9,22 Insurance, Completed Operations F.2.a. 19 Insurance, Contractor's Liability F.2.a. 19 Insurance, Contractual Liability F.2.a 19 Insurance Companies, Notification of F.5 28 Insurance, Owner's Liability F.3 24 Insurance, Property F.2,F.3,F.4. 19.,24 Insurance, Waiver of Rights F.6 25 Insurance, Workmen's Compensation F.2 19 Insurance, Workmen's Occupational Diseases F.2.b.(1) 20 Interpretations and Clarifications J.4 46 Investigations of Physical Conditions E.2 14 iv ' Labor and Material Bond F.1.b 18 Labor, Materials and Equipment G.2 30 Laws and Regulations A.22,G.8 3,31 Liability Insurance, Contractor's F.2.a. 19 Liability Insurance, Owner's and Engineer's F.2.a. 19 Limitations on Engineer's ' Responsibilities J.10 49 Liquidated Damages R 85 ' Materials and Equipment, furnished by Contractor G.2.a, G.2.c 30 Materials and Equipment, not incorporated in work 0.2.b 68 ' Materials or Equipment, Equivalent G.4 31 Miscellaneous, Provisions T 88 '• Notice, Giving T.1 88 Notice of Award, definition of A.23 3 Notice of Acceptability of Project 0.12.a 71 ' Notice to Proceed, definition of A.24 3 Notice to Proceed C.3 8 "Or -Equal" items G.4.a 31 ' Other Contractors, Work by Others H 43 Other Work H 43 Overtime Work, Prohibition of G.2.a 30 Owner, definition of A.25 3 Owner May Correct Defective Work N.9 66 Owner May Stop Work N.5 65 Owner May Suspend Work, Terminate P.1, P.2 79,80 ' Owner's Duty to Execute Change Orders I.6 45 Owner's Liability Insurance F.2.a. 19 ' Owner's Representative J.1 46 Owner's Responsibilities I 45 Partial Utilization, definition of A.26 3 'Partial Utilization 0.9 69 Partial Utilization, Property Insurance F.4.b 25 '• Partial Waiver of Liens 0.5 66 Patent Fees and Royalties G.6 34 Payment Request, definition of A.27 3 ' Payment Request, Final 0.1 68 Payment Request, Progress 0.2 68 Payments to Contractor and Completion 0 68 Payments, Recommendation of 0.7 71 Payments to Contractor 0 68 I I I L Payments to Contractor, when due Payments to contractor, withholding Payments, Reporting and Invoicing Cost -of -Work Payments, Unit Prices Performance, Bonds Permits Physical Conditions Physical Conditions, Engineer's Review Physical Conditions, Existing Structures Physical Conditions, Exploration and Reports Physical Conditions, Possible Document Change Physical Conditions, Price and Time Adjustment Physical Conditions, Report to Differing Conditions Physical Conditions, Underground Facilities E.3 16 Pre -Construction Conference C.6 9 Preliminary Matters C 8 Premises, Use of G.10 36 Price, Change in Contract L 52 Price, contract, definition of A.10 2 Progress Payment, Applications for O.2 68 Progress Payment, Review of Applications O.7 71 Progress Schedule C.5.b(1), O.1 9,68 Project, definition of A.28 3 Project Representative J.3 46 Project Starting C.4 8 Property Insurance F.2.a,F.2.a.(5) 19,20 Property Insurance - Partial Utilization F.4.b. 25 Protection, Safety and G.12 37 Provide A.29 4 Recommendation of Payment O.7.a, O.11 71,76 Record Documents G.11 37 Reference Points E.4 17 Regulations, Laws and G.8 35 Rejecting Defective Work J.6 47 Related Work at Site H.1 43 Remedies Not Exclusive T.3.b 88 Removal or Correction of Defective Work N.6 .65 Resident Engineer A.31 4 Resident Project Representative, definition of A.30 4 Resident Project Representative J.3 46 O.7.b, O.12.a 71,76 O.7.d 72 O.4 O.3 F.1.a G.7 E.2 E.2.d E.2.b E.2.a E.2.e E.2.f E.2.c 70 70 18 35 14 15 14 14 15 15 15 L L L L I I C vi I I Responsibilities, Contractor's G 29 • Responsibilities, Engineer's J 41 • Responsibilities, Owner's I 45 Retainage O.2.d 69 Reuse of Documents 0.3 12 Rights of Way E.1 14 Royalties, Patent Fees and G.6 34 I I I I I I I I II I Safety and Protection Samples, and Drawings Schedule of Shop Drawing Submissions Schedule of Values Schedule of Progress C.5,C.6,C.7,G.3,G Schedules, Finalizing Shop Drawings and Samples Shop Drawings, definition of Shop Drawings, Use for Substitutions Site, Visits to by Engineer Specifications, definition of Specifications and Drawings Starting Construction, Before Starting the Project Stopping Work, by Contractor Stopping Work, by Owner Subcontractor, definition of Subcontractors - in General Subcontractors, Required Provisions Substitute or "Or -Equal" Items Substantial Completion, Statement of Substantial Completion, definition of Subsurface Conditions Supplemental Costs Supplementary Conditions, definition of Supplementing Contract Documents Suppliers, definition of Surety, consent to payment Surety, Engineer's Duties Surety, Notice of changes Surety, Qualification of Suspending Work, by Owner Suspension of work and Termination Superintendent, Contractor's Supervision and Superintendent G. 12 G. 14 C.5.b, 0.1 C.5.b.(3),O.1 14,P.2.a.(6) C.7 G.11, G.14 A.32 G.4.a 3.2 A.33 B.5 C.5, C.6 C.4 P.3 N.5 A.34 G.5.a F.6., G.5.a G.4 0.8 A.35 E.2.a, E.3 L.4.a.(5) A.36 D.2 A.37 0.11 J.10.a K.5 F.1 P.l.a P G.l.b G.1 37 39 9,68 9,68 8,9,10,31,39,81 10 37,39 4 31 46 4 8,9 8 82 65 4 33 28,33 31 74 14,16 54 4 12 4 76 49 51 18 79 79 29 29 Taxes G.9 36 ' Termination, by Contractor P.3 82 Termination, by Owner P.2 80 Termination, Suspension of Work P 79 Tests and Observations N.3 63 Time, Change of Contract M 60 Time, Computation of T.2 88 ' Time, Contract, definition of A.11 2 Titles and Headings D.5 123 I I vii I Unavoidable Delays M.2.b 61 Uncovering Work N.4 64 Underground Facilities, definition of A.38 5 Underground Facilities, Not Indicated E.3.b 16 Underground Facilities, Protection of E.3.a.(2),G.12. 16,37. Underground Facilities, Indicated E.3.a 16 Unforseen Physical Conditions E.3 16 Unit Price Work, definition of A.39 5 Unit Price Work, general L.7 O.1 O.3 O.7.c 581 63 65 67 Unit Prices L.3.a, O.3 52,65 Unit Prices, Adjustment of L.5.b 57 Use of Premises G.10 36 Utility. Owners G.7,G.12.a.(3),H.1 35,37,43' Values, Schedule of O.1 Variations in Work, Authorized G.14.b,G.13,J.5 Visits to Site - by Engineer J.2 Waiver of Claims, on Final Payment Waiver of Rights Warranty and Guarantee Warranty of Title, Contractor's Work, Access to Work by Others Work, Cost -of - Work, Continuing During Disputes Work, definition of Work Directive Change, definition of Work Directive Change Work, Neglected by Contractor Work, Stopping by Contractor Work, Stopping by Owner Written Amendment, -definition of Written Amendment D.2,K O.14 F.6 N.1 O.6 N.2 H L.4 G.15 A.40 A.41 D.2.a.(3) N.9 P.3 P.1, P.2 A.42 1,L.1,M.1 68 39,38,42 46 78 28 63 66 63 43 53 45 5 12 66 82 79,80 5 12,50,52,60 I I I I rI I I I C I viii H J I A. I I I I GENERAL CONDITIONS Definitions Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1. Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Documents or the Contract Documents. 2. Agreement - The written agreement between Owner and Contractor covering the work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. ' 3. "As directed", "as permitted", "reviewed", or words of similar import mean the direction, requirements, or permission of the Engineer, unless stated otherwise. 4. "As shown", "as indicated", "as detailed", or words of similar import refer to the Contract Drawings unless ' stated otherwise. 5. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work ' to be performed. 6. Bidder - Any person, partnership, corporation, ' association, or affiliation submitting a bid for the work. 7. Bonds - Bid, performance, and labor and material bonds and other instruments of security. 8. Change Order - A document recommended by Engineer, which ' is signed by the Contractor and the Owner authorizing an addition, deletion or revision in the work, or an adjustment in the contract price or the contract time, issued on or after the effective date of the Agreement. 11 1 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph A continued 9. Contract Documents - The Agreement, Addenda (which pertain to the Contract Documents), Contractor's Bid (including documentation accompanying the Bid and any post -Bid documentation submitted prior to.the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, Conditions of Contract, the Specifications, the Plans and/or Drawings as the same are more specifically identified in the Agreement, together with all amendments, modifications, and supplements issued on or after the execution of the Agreement. 10. Contract Price - Contractor under Agreement. I I L L The moneys payable by Owner to the Contract Documents as stated in the 11. Contract Time - The number of days (computed as provided in paragraph T.2) or the date stated in the Agreement for the completion of the work. 12. Contractor - The person, firm or corporation with whom Owner has entered into the Agreement. 13. Day - A calendar day of twenty-four hours measured from midnight to the next midnight. 14. Defective - An adjective which when modifying the word work refers to work that is faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any observation, reference standards test or review referred to in the Contract Documents, or has been damaged prior to Engineer's recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion). 15. Drawings and/or Plans - The drawings and/or plans which show the character and scope of the work to be performed and which have been prepared or reviewed by the Engineer and are referred to in the Contract Documents. 16. Effective date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 17. Engineer - The firm of RJN Group, Inc., Consulting Engineers, Dallas, Texas, acting through its authorized representatives. General Conditions 2 City of Fayetteville Sanitary Sewer Improvements I I I I I I I I .' H H I H IH L Paragraph A continued 18. Field Order - A written order issued by the Engineer which orders minor changes in the work in accordance with paragraph 3.5 but which does not involve a change in the contract price or the contract time. 19. Final Acceptance - The date when the construction of the project is complete in accordance with the Contract Documents so that the entire project can be utilized for purposes for which it is intended and all monies due the Contractor have been paid him in the final payment estimate. 20. General Requirements - Sections of the Specifications. 21. Construction Observer - The authorized representative of the Engineer who is assigned to the site or any part thereof. 22. Laws and Regulations; Laws or Regulations - Laws, rules, regulations, ordinances, codes and/or orders. 23. Notice of Award - The written notice by the Owner to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, owner will sign and deliver the Agreement. 24. Notice to Proceed - A written notice given by the Owner to the Contractor (with a copy to Engineer) fixing the date on which the Contract Time will commence to run and on which contractor shall start to perform his obligation under the Contract Documents. 25. Owner - The public body or authority, corporation, association, partnership, or individual with whom the Contractor has entered into the Agreement and for whom the work is to be provided. 26. Partial Utilization - Placing a portion of the Work to be provided under the Contract Documents into the service for which it was intended, for the benefit of the Owner. 27. Payment Reque is to be used final payment documentation st - The form reviewed by the Engineer which by the contractor in requesting progress or and which is to include such supporting as is required by the Contract Documents. 28. Project - The total construction of which the work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 3 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph A continued 29. Provide - means "furnish and install". 30. Resident Project Representative - the authorized ' representative of the Engineer who is assigned to the. site or any part thereof. 31. Resident Engineer --The authorized representative of the ' Engineer who is assigned to the overall project and may have engineering personnel responsibility. 32. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by the Contractor, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by Contractor to illustrate material or equipment for some portion of the work. 33. Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the work and certain administrative details applicable thereto. 34. 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. 35. Substantial Completion - A time at which the work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer as evidenced by his definitive Statement of Substantial Completion, is sufficiently complete, in accordance with the Contract Documents, so that the work (or specified part) can be utilized for the ,purposes for which it was intended; or if there be no such statement issued, when final payment is due in accordance with paragraph O.8. The terms "substantially complete" and "substantially completed" as applied to any work refer to Substantial Completion , thereof. 36. Supplementary Conditions - The part of the Contract Documents which amends or supplements these General Conditions. 37. Supplier - A manufacturer, fabricator, supplier, distributor, materialman or vendor. General Conditions 4 City of Fayetteville Sanitary Sewer Improvements 1 I I I I I I [1 I I I LI I 11 I [:1 I Paragraph A continued 38. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials; electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. 39. Unit Price Work - Work to be paid for on the basis of unit prices. 40. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the. Contract Documents. 41. Work Directive Change - A written directive to Contractor, issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer, ordering an addition, deletion or revision in the work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph E.2 or E.3 or to emergencies under paragraph G.13. A Work Directive Change may not change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph L and M. 42. Written Amendment - A written amendment of the Contract Documents, signed by Owner and Contractor on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly Work -related aspects of the Contract Documents. 5 General Conditions City of Fayetteville Sanitary Sewer Improvements I B. Contract Documents: Definitions 1. General The Contract Documents comprise the following general classifications of documents, including all additions, deletions, and modifications incorporated therein before the execution of the Agreement: Bidding Documents Contractual Documents Conditions of the Contract Specifications Drawings and/or Plans 2. Bidding Documents The Bidding Documents issued by the Owner to assist Bidders in preparing their Bids include: a. Invitation to Bid bound herewith. b. Instructions to Bidders bound herewith. C. The Bid which is the offer of a Bidder to perform the work described in the Contract Documents, made out and submitted on the prescribed Bid form bound herewith, properly signed and guaranteed. d. Any Addenda issued during the time of Bidding, or forming a part of the Contract Documents used by the Bidder for the preparation of his Bid, shall be covered in the Bid, and shall be made a part of the contract. Receipt of each Addendum shall be acknowledged in the Bid. I N I I I I I 11 I I 3. Contractual Documents a. Agreement The Agreement covers the performance described in the Contract Documents, supplemental Addenda thereto and all special provisions pertaining to the materials therefor. The Agreement f herewith. General Conditions 6 City of Fayetteville Sanitary Sewer Improvements of the work including all general and work or orm is bound 11 I Paragraph B continued b. Bonds (1). Arkansas Statutory Performance and Payment Bond. (2) Maintenance Bond. 4. Conditions of the Contract a. General Conditions of the Contract bound herewith and of which this paragraph is a part. b. Supplementary Conditions of this Contract bound herewith. c. Federal/State laws and regulations applicable to this Contract and bound herewith. d. Wage requirements applicable to this Contract and bound herewith. 5. Specifications and Drawings a. Contract Specifications bound herewith, which are listed in the table of contents for these Contract Documents. b. Contract Drawings including but not limited to those listed in the drawing index of the Contract Drawings. 7 General Conditions City of Fayetteville Sanitary Sewer Improvements I C. Preliminary Matters t 1. Delivery of Bonds When Contractor delivers the executed Agreements to Owner, Contractor shall also deliver to Owner such Bonds as Contractor may be required to furnish in accordance with paragraph F.1. 2. Copies of Documents Owner shall furnish to Contractor up to five copies (unless otherwise specified) of the Contract Documents. Additional copies will be furnished, upon request, at the , cost of reproduction. 3. Commencement of Contract Time; Notice to Proceed I The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty (30) days after the Effective Date of the Agreement. , 4. Starting the Project a. Contractor shall start to perform the work within ten (10) calendar days from the date when the Contract Time commences to run, but nothing shall be done at the site prior to the date on which the Contract Time ' commences to run. b. The Contractor shall notify the Owner in writing 48 hours before starting at the site or his intentions to do so. In case of a temporary suspension of work, he shall give reasonable notice before resuming work. 5. Before Starting Construction a. Before undertaking each part of the work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer before proceeding with any Work affected thereby; however, Contractor shall not be liable to Owner or Engineer General Conditions 8 City of Fayetteville Sanitary Sewer Improvements I I I I I I I I I I I I I I Paragraph C.5.a continued for failure to report any conflict, error or discrepancy in the Contract Documents, unless the Contractor had actual knowledge thereof or should reasonably have known thereof. b. Within ten (10) days after the effective date of the Agreement (unless otherwise specified), Contractor shall submit to Engineer for review: (1) An estimated progress schedule indicating the starting and completion dates of the various stages of the Work. (2) A preliminary schedule of Shop Drawing submissions. (3) A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of work which will be confirmed in writing by Contractor at the time of submission. c. Before a Notice to Proceed will be issued, the Contractor shall deliver to the Owner, with a copy to the Engineer, certificates (and other evidence of insurance requested by Owner) of insurance which the Contractor is required to purchase and maintain. 6. Pre -Construction Conference Within ten (10) days after the effective date of the Agreement, but before Contractor starts at the site, a conference will be held for review of the schedules referred to in paragraph C.5.b, to establish procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the work. ' 9 General Conditions ' City of Fayetteville Sanitary Sewer Improvements I Paragraph C continued 7. Finalizing Schedules I a. At least ten (10) days before submission of the first Application for Payment a conference attended by Contractor, Engineer and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph C.5.b. The finalized progress schedule will provide an orderly progression of the work to completion within the Contract Time, but review by the Engineer will neither impose on Engineer responsibility for the progress or scheduling of the work nor relieve Contractor from full responsibility therefore. The finalized schedule of Shop Drawing submissions will provide a workable arrangement for processing the submissions. The finalized schedule of values will be reviewed by the Engineer as to form and substance. I I I I I I I I I I I I I I I General Conditions 10 , City of Fayetteville Sanitary Sewer Improvements D. Contract Documents: Intent and Reuse 1. Intent a. The Contract Documents comprise the entire Agreement between Owner and Contractor concerning the work. The Contract Documents will be construed in accordance with the law of the place of the Project. ' b. It is the intent of the Specifications and Drawings to describe a complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe work, materials or equipment such words shall be interpreted in ' accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference ' be specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of opening of Bids (or, on the effective date of the Agreement if there were no Bids), except as may be, otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically ' incorporated by reference in the Contract Documents) shall change the duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Engineer, or any of Engineer's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the provisions of paragraph J.10.c or J.lO.d. Clarifications and interpretations of the Contract Documents shall be issued by Engineer. IC. If, during the performance of the work, Contractor finds a conflict, error or discrepancy in the Contract Documents, Contractor shall so report to Engineer in writing at once and before proceeding with the work affected thereby shall obtain a written interpretation or clarification from Engineer; however, Contractor shall not be liable to Owner or ' Engineer for failure to report any conflict, error or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof or should I reasonably have known thereof. 11 General Conditions City of Fayetteville Sanitary Sewer Improvements L Paragraph D continued ' 2. Amending and Supplementing Contract Documents a. The Contract Documents may be amended to provide for additions, deletions and revisions in the work or to modify the terms and conditions thereof in one or more of the following ways: (1) A formal written amendment. (2) A Change Order (pursuant to paragraph K.4). I (3) A work directive change (pursuant to paragraph Contract Price and Contract Time may only be changed by a Change Order or a written amendment as indicated in paragraphs L.2 and M.1. b. In addition, the requirements of the Contract ' Documents may be supplemented, and minor variations and deviations in the work may be authorized by: (1) Field Order (pursuant to paragraph J.5). ' (2) Engineer's review of a Shop Drawing or sample (pursuant to paragraphs G.14.b.(l) or G.14.d). (3) or Engineer's written interpretation or clarification (pursuant to paragraph J.4). 3. Reuse of Documents Neither Contractor nor any Subcontractor, or Supplier or other person or organization performing or furnishing any of the work under a direct or indirect contract with Owner shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer; and they shall not reuse any of them on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaptation by Engineer. 4. Discrepancies and Omissions ' a. Should anything which is necessary for a clear , understanding of the work be omitted from the Contract Documents, or should it appear that various instructions are in conflict, the Contractor shall secure written instructions from the Engineer before proceeding with the work affected by such omissions or discrepancies. General Conditions 12 City of Fayetteville ' Sanitary Sewer Improvements El El 5. II I Paragraph D.4 continued b. In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order: First Agreement Second Laws and Regulations Third Supplementary Conditions Fourth General Conditions Fifth Specifications Sixth Contract Drawings C. Figured dimensions on Plans shall take precedence over scale dimensions. Detailed Plans in the Documents shall take precedence over general Plans. Titles and Headings a. The titles and headings printed on the Contract Drawings, in the General Conditions,. in the Contract Specifications, and elsewhere in the Contract Documents are inserted for convenience and reference only, and shall not be taken or considered as having any bearing on the interpretation thereof. b. Separation of the Contract Specifications into Divisions and Sections shall not operate to make the Engineer an arbiter to establish limits of work between the Contractor and Subcontractors, or between trades. 13 General Conditions City of Fayetteville Sanitary Sewer Improvements I E. Availability of Lands; Physical Conditions; Reference Points ' 1. Availability of Lands Owner shall furnish, as indicated in the Contract Documents, the lands upon which the work is to be performed, rights -of -way for access thereto, and such other lands which are designated for the use of Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. If Contractor believes that any delay in Owner's furnishing these lands, rights -of -way or easements entitles Contractor to an extension of the Contract Time, Contractor may make a claim thereof as provided in Paragraph M. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. U I I I [.] 2. Physical Conditions I a. Explorations and Reports Reference is made to the Instructions to Bidders for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by Engineer in preparation of the Contract Documents. Contractor may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data, interpretations or opinions contained therein or for the completeness thereof for Contractor's purposes. Except as indicated in the immediately preceding sentence and in paragraph E.2.f, Contractor shall have full responsibility with respect to subsurface conditions at the site. b. Existing Structures Reference is made to the Instructions to Bidders for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph E.3) which are at or contiguous to the site that have been utilized by Engineer in preparation of the Contract Documents. Contractor may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for Contractor's purposes. Except as indicated in the immediately General Conditions 14 City of Fayetteville Sanitary Sewer Improvements I I 1] I I II [_] I I ' Paragraph E.2.b continued preceding sentence and in paragraph E.2.f, Contractor shall have full responsibility with respect to physical conditions in or relating to such structures. ' c. Report of Differing Conditions If Contractor believes that any technical data on ' which Contractor is entitled to rely as provided in paragraphs E.2.a and E.2.b is inaccurate, or any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or ' referred to in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before performing any work in connection therewith (except in an emergency as permitted by paragraph G.13), notify. Owner and Engineer in writing about the inaccuracy or difference. ' d. Engineer's Review Engineer will promptly review the pertinent ' conditions, determine the necessity of obtaining additional explorations or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer's findings and conclusions. e. Possible Document Change Ill Engineer concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract ' Documents is required, a Work Directive Change or a Change Order will be issued as provided in Paragraph K to reflect and document the consequences of the inaccuracy or difference. f. Possible Price and Time Adjustments ' In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be ' allowable to the extent that they are attributable to any such inaccuracy or difference. If Owner and Contractor are unable to agree as to the amount or ' length thereof, a claim may be made therefore as provided in Paragraph L and M. I 15 General Conditions City of Fayetteville ' Sanitary Sewer Improvements I Paragraph E continued 3. Physical Conditions - Underground Facilities Shown or Indicated The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: (1) Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or. data; and, (2) Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all underground facilities shown or indicated in the Contract Documents, for coordination of the work with the owners of such underground facilities during construction, for safety and protection thereof and repairing any damage thereto resulting from the work, the cost of all of which will be considered as having been included in the contract price. b.. Not Shown or Indicated If an underground facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which Contractor could not reasonably have been expected to be aware of, Contractor shall, promptly after becoming aware thereof and before performing any work affected thereby (except in an emergency as permitted by paragraph G.13), identify the owner of such underground facility and give written notice thereof to that owner and to Owner and Engineer. Engineer will promptly review the underground facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the underground facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, Contractor shall be responsible for the safety and protection of such underground facility as provided in paragraphs G.12.a and G.12.b. Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of General Conditions 16 City of Fayetteville Sanitary Sewer Improvements I I I I I I I I I I I L] I I I I ' Paragraph E.3.b continued any underground facility that was not shown or indicated in the Contract Documents and which ' Contractor could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, Contractor may make a claim therefore as provided in Paragraphs L and M. 4. Reference Points ' Owner shall provide engineering surveys for construction to establish reference points which in his judgment are necessary to enable Contractor to proceed with the work (unless otherwise specified), Contractor shall be responsible for laying out the work and shall protect and preserve the established reference points, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Engineer whenever any reference point is lost, destroyed, or requires relocation because of necessary changes in ' grades or locations, and shall be responsible for replacement or relocation of such reference points by professionally qualified personnel. I ET I I I I 17 General Conditions City of Fayetteville Sanitary Sewer Improvements I 1. Performance and Other Bonds The Contractor shall, at the time he executes the Agreement, furnish bonds payable to the Owner in the form set forth herein, secured by a surety company acceptable to the Owner, as follows: a. Arkansas Statutory Performance and Payment Bond in an amount equal to 100 percent of the total contract price conditioned upon the faithful performance of all covenants and stipulations under the contract and holding good for a period of two years after the date when final payment becomes due, except as otherwise provided by law or regulation or by the Contract Documents to protect the Owner against the results of defective materials, workmanship, and equipment during that time. b. It is the responsibility of the Contractor to notify all surety companies and other signers of any of the bonds listed above to familiarize themselves with all of the conditions and provisions of this Contract. All surety companies and other signers shall waive their right of notification by the owner of any change or modification of this Contract, or of decreased or increased work, or of the cancellation of this Contract, or of any other acts by the Owner or its authorized employees or agents under the terms of this Contract. The waiver by the surety companies and other signers shall in no way relieve the surety companies and other signers of their obligations under this Contract. c. If the Surety on any Bond furnished by Contractor is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the Project is located, or it ceases to meet the requirements herein, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be.acceptable to Owner. d. All Bonds shall be in the forms prescribed by law or regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. General Conditions 18 City of Fayetteville Sanitary Sewer Improvements I I I I I I I I I I El I I J I I I I I I I El I I I I [1 I I Paragraph F.1 continued 2. Contractor's Liability Insurance a. The Contractor shall obtain, purchase, and maintain throughout the duration of the contract, including all excepted time extensions, all insurance coverages described below. The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, such insurance as will protect the contractor from claims set forth below which may arise out of or result from the Contractor's operations under the Contract, and for which the Contractor may be legally liable, whether such operations be by the Contractor or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (1) claims under workers' disability benefit and benefit acts which are be performed; or workmens' compensation, other similar employee applicable to the Work tc (2) claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; (4) claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offense directly or indirectly related to employment of such person by the Contractor, or (2) by another person; (5) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; 19 General Conditions City of Fayetteville Sanitary Sewer Improvements C. Paragraph F.2 continued (6) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of any motor vehicle; and (7) claims involving contractual liability insurance 1 applicable to the Contractor's obligations under Paragraph G.16. b. The insurance required by Subparagraph F.2.a shall be written for not less than limits of liability specified in the Contract Documents, Supplemental Conditions, or required by law, whichever coverage is greater. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption from date of commencement of the work until date of final payment and termination of any coverage required to be maintained after final payment. Notwithstanding the above, the insurance required by paragraph F.2 shall be on an occurrence basis. Such insurance shall be written to include the ' following coverages and for not less than the following minimum limits or greater if required by law: (1) Worker's Compensation, Occupational Disease and Employer's I Liability Insurance: (a) State: (in which this contract is performed) - Statutory limits. (b) Applicable Federal (if any) - Statutory limits. (c) Employer's Liability - if applicable in state Bodily Injury by Accident - $500,000 each accident Bodily Injury by Disease - $500,000 each employee Bodily Injury by Disease - $500,000 each policy limit General Conditions 20 City of Fayetteville Sanitary Sewer Improvements I I I I I I Paragraph F.2.b continued (2) Commercial General Liability Insurance including as minimum coverages: Premises - Operations Liability Independent Contractor's Protective Liability • - Products and Completed Operations Liability Broad Form Property Damage Endorsement I- Blanket Contractual Personal Injury, with Employment Exclusion deleted ' (a) Special Requirements: i. Property Damage Liability Insurance will '• provide "X, C, and U" (Explosion; collapse and underground hazard) coverage as applicable. I. ii. Products and Completed. Operations to be • maintained for (2)two years after final payment. iii. The Owner, Engineer, their consultants, agents, and employees shall be named as ' "additional insureds" on the commercial general liability policy of the general contractor and/or subcontractor of any tier. ' (b) Limits of Liability: $1,000,000 Each occurrence as respects Bodily Injury Liability or Property Damage, Liability, or both combined. $2,000,000 General Aggregate $1,000,000 Products/Completed Operations Aggregate ' $1,000,000 Personal and Advertising Injury ' (3) Automobile Liability Insurance: (a) Special Requirements: ' i. All owned, hired, and nonowned vehicles including the loading or unloading ' thereof. 21 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph F.2.b continued ii. The Owner, Engineer, their consultants, agents and employees,. shall be named as "additional insureds" on the commercial automobile liability policy of the general contractor and/or subcontractor of any tier. (b) Limits of Liability: $1,000,000 Each occurrence as respects Bodily Injury Liability or Property Damage Liability, or both combined. (4) Owner's and Contractor's Protective Liability Insurance: The Contractor will furnish and maintain this separate policy during the entire period of construction, an Owner's Protective Liability Policy written in the name of the owner, engineer, and engineer's consultants, with the following limits of liability: Limits of Liability $1,000,000 Each occurrence as respects Bodily Injury Liability or Property Damage Liability, or both combined. $2,000,000 General Aggregate (5) Umbrella/Excess Liability Insurance: Limits of Liability I I I I I I Li I Li $3,000,000 Each Occurrence (minimum) $3,000,000 Aggregate (minimum) c. Certificates of Insurance for the above coverages and the Owner's Protective Policy shall be submitted to the Engineer for transmittal to the Owner for his approval prior to the start of construction. The Contractor shall certify to the Owner that he has obtained or will obtain similar certificates of insurance from each of his Subcontractors before their work commences. Each Subcontractor must be covered by insurance of the same character and in the same amounts as the Contractor unless the Contractor and Owner agree that a reduced coverage is adequate. General Conditions 22 City of Fayetteville Sanitary Sewer Improvements n -I I I I Paragraph F.2.c continued Each subcontractor's insurance shall cover the Owner, ' Engineer, their agents and employees. The Contractor shall submit a statement with each monthly affidavit stating that he has obtained certificates of insurance, or other satisfactory evidence, that all required insurance is in force for each of the Subcontractors listed on his affidavit. If the "additional insureds" have other insurance which is ' applicable to the loss, it shall be on an excess or contingent basis. The amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. Contractors ' certificates shall be in duplicate on standard Acord forms. Certificate of insurance shall contain a statement therein or a rider attached thereto incorporating the indemnity clause stated in Paragraph G.16 ' (Indemnification) of the General Conditions, and including the changes and additions made in those subparagraphs or within the Supplemental General Conditions. ' These Certificates and the insurance policies required by this Paragraph F.2 shall contain a ' provision that coverages afforded under the policies will not •be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner and Engineer. If any of the foregoing insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing ' continuation of such coverage shall be submitted with the final Application for Payment. Information concerning reduction of coverage shall be furnished ' by the Contractor with reasonable promptness in accordance with the Contractor's information and belief. ' The obligations of the Contractor under the provisions of this article shall not extend to the liability of the Engineer, his agents or employees arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications, or (2) the giving ' of or the failure to give directions or instructions by the Engineer, his agents or employees to the extent that such giving or failure to give is the cause of the injury or damage. 1 23 General Conditions ' City of Fayetteville Sanitary Sewer Improvements I Paragraph F continued Owner's Liability Insurance a. The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self-protection against claims which may arise from operations under the Contract. The -Contractor shall not be responsible for purchasing and maintaining this optional owner's liability insurance unless specifically required by the Contract Documents. Property Insurance a. Unless otherwise provided, the Contractor shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis. without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 0.12 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph F.3 to be covered, whichever is earlier. This insurance shall include interests of the Owner, Engineer, the Contractor, Subcontractors and Sub -subcontractors in the Work. Property insurance shall be on all-risk policy form and shall insure against the perils of fire and flood and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, false -work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for Engineer's services and expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents. General Conditions 24 City of Fayetteville Sanitary Sewer Improvements L I L1 I I J J I I J I J J I I L. 1 I I I H I I I I III I I U_1 I Li I Li Paragraph F.4.a continued Property Insurance provided by Contractor shall not cover any tools, apparatus, machinery, scaffolding, hoists, forms, staging, shoring and other similar items commonly referred to as construction equipment, which may be on the site and the capital value of which is not included in the Work. The Contractor shall make his own arrangements for any insurance he may require on such construction equipment. If the Contractor does not intend to purchase such property insurance required by the Contract and with all of the coverages in the amount described above, the Contractor shall so inform the owner in writing prior to commencement of the Work. The Owner may then effect insurance which will protect the interests of the Owner, Contractor, Subcontractors and Sub -subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to the Contractor. If the Owner is damaged by the failure or neglect of the Contractor to purchase or maintain insurance as described above, without so notifying the Owner, the Contractor shall bear all reasonable costs properly attributable thereto. If the property insurance requires minimum deductibles and such deductibles are identified in the Contract Documents, the Contractor shall pay costs not covered because of such deductibles. If the Owner or insurer increases the required minimum deductibles above the amounts so identified or if the Owner elects to purchase this insurance with voluntary deductible amounts, the owner shall be responsible for payment of the additional costs not covered because of such increased or voluntary deductibles. If deductibles are not identified in the Contract Documents, the Contractor shall pay costs not covered because of deductibles. The property insurance for the Work requires a maximum deductible of: $10,000 per claim. b. Partial Utilization - Property Insurance If Owner finds it necessary to occupy or use a portion or portions of the work prior to substantial completion of all the work, such use or occupancy may be accomplished in accordance with the provision for partial utilization; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged 25 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph F.4.b continued notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. C. Boiler and Machinery Insurance The Contractor shall purchase and maintain boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance or unless agreed otherwise by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors. and Sub -subcontractors in the Work, and the Owner and Contractor shall be named insureds. d. Loss of Use Insurance The Owner, at the Owner's option, may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. e. If the Owner requests. in writing that insurance for risks other than those described herein or for other special hazards be included in the property insurance policy, the Contractor shall, if possible, include such insurance, and the cost thereof shall be charged to the Owner by appropriate Change Order. f. If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adjacent to the site by property insurance under policies separate form those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all right in accordance with the terms of Subparagraph F.4.h for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. General Conditions 26 City of Fayetteville Sanitary Sewer .Improvenients I L I I- I I I I I I I I I I C Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each policy that includes insurance coverages required by the Paragraph F.4. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days prior written notice has been given to Subrogation If permitted by the Owner's and Contractor's insurance companies, without penalties, the Owner and Contractor waive all rights against (1) each other and any of their Subcontractor, Sub -subcontractors, agents and employees, each of the other, and (2) the Engineer, Engineer's consultants, separate contractors if any, and any of their Subcontractors, Sub -subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph F.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary The Owner or Contractor, as appropriate, shall require of the Engineer, Engineer's consultants, separate contractors if any, and the Subcontractors, Sub -subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 1 Conditions Fayetteville Improvements .1 Paragraph F continued 5. Miscellaneous Requirements a. All insurance coverage shall be provided by insurance companies having policy holder ratings no lower than "A" and financial ratings not lower than "XII" in the Best's Insurance Guide, latest edition in effect as of the date of the Contract. b. The Contractor is responsible for determining that Subcontractors are adequately insured against claims arising out of or relating to the Work. The premium cost and charges for such insurance shall be paid by each Subcontractor. c. The limits of liability as stated, may be arrived at using a Split -Limit or a Combined Single Limit basis However, the total limit of lability shall not be less than that stated in the requirements. 6. Notification of Insurance Companies It is the responsibility of the Contractor to notify all insurance companies to familiarize themselves with all of the conditions and provisions of this Contract. The insurance companies shall waive their right of notification by the Owner of any change or modification of this Contract, or of decreased or increased work, or of the cancellation of this Contract, or of any other acts by the Owner or its authorized employees or agents under the terms of this Contract. The waiver by the insurance companies shall in no way relieve the insurance companies of their obligations under this Contract. " 7. Subcontractor Bond The Contractor must secure from listed subcontractors a payment and performance bond if subcontractor bid is in excess of fifty thousand dollars ($50,000); and for other purposes as prescribed in Arkansas Senate Bill, Act 190 as engrossed 1/28/93. General Conditions 28 City of Fayetteville Sanitary Sewer Improvements I El 1 I C I I 1 I I I I I L G. Contractor's Responsibilities 1. Supervision and Superintendent a. Contractor shall supervise and direct the work competently and efficiently, devoting such attention ' thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. Contractor shall be solely 1 responsible for the means, methods, techniques, sequences and procedures of construction, but Contractor shall not be solely responsible for the negligence of others in the design or selection of a ' specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. Contractor shall ' be responsible to see that the finished work complies accurately with the Contract Documents. b. Contractor shall keep on the work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances. The superintendent will be Contractor's representative at the site and shall have authority to act on behalf of Contractor. All communications given to the superintendent shall be as binding as if given to Contractor. c. During the performance of this Contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of the foreman or superintendent authorized to receive ' drawings, instructions, or other communications, articles, or things from the Owner or its agents; and any such thing given to the said foreman or superintendent or delivered to the Contractor's office at the site of the work in his absence shall be deemed to have been given to the Contractor. The Contractor shall have a telephone installed in this office. L] I I 29 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph G continued 2. Labor, Materials and Equipment a. Contractor shall provide competent, suitably I qualified personnel to survey and lay out the work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons, or the work, or property at the site or adjacent thereto, all work at the site shall be performed during regular working hours, and Contractor will not permit overtime work or the performance of work on Saturday, Sunday or any legal holiday without Owner's written consent given after prior written notice to Engineer. Regular working hours shall be a consecutive eight hour period between the hours of seven o'clock A.M. and six o'clock P.M., Monday through Friday. Special attention shall be given to Chapter 96 Noise Control of the City of Fayetteville ordinance. b. Unless otherwise specified in the General Requirements, Contractor shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the work. c. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by Engineer, Contractor shall furnish evidence (including reports or required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in.the Contract Documents; but no provision of any instructions will be.effective to assign to Engineer, or any of Engineer's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility contrary to the provisions of paragraph J.10.c or ' J.l0.d. I General Conditions 30 City of Fayetteville Sanitary Sewer Improvements I I I I I I I I I [I L I I Paragraph G continued 3. Adjusting Progress Schedule Contractor shall submit to Engineer for review (to the extent indicated in paragraph C.7) adjustments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitute or "Or -Equal" Items a. Whenever materials or equipment are specified or described in the Drawings or Specifications by using the name or a proprietary item of the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be reviewed by Engineer if sufficient information is submitted by Contractor to allow Engineer to determine that the material or equipment proposed is equivalent to that named. The procedure for review by Engineer will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be reviewed by Engineer from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item of material or equipment, Contractor shall make written application to Engineer for review thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to. the same use and capable of performing the same function as that specified. The application will state that the evaluation and review of the proposed substitute will not prejudice Contractor's achievement of Substantial Completion on time, whether or, not review of the substitute for use in the work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain 31 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph G.4 continued an itemized estimate of all costs that will result directly or indirectly for use of such substitute, including costs or redesign and claims of other contractors affected by the resulting change, all of which shall be considered by Engineer in evaluating the proposed substitute. Engineer may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. Engineer will be the sole reviewer, and no substitute will be ordered or installed unless Engineer has agreed to the use of the substitute in writing. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. Contractor will not be entitled to a change in Contract Time and/or Contract Price for any additional expenses associated with providing substitutions or "or -equal" items. b. If a specific means, method, technique, sequence or I procedure of construction, is indicated in or required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, sequence, technique or procedure of construction to be reviewed by the Engineer, if Contractor submits sufficient information to allow Engineer to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by Engineer will be similar to that provided in paragraph G.4.a as applied by Engineer and as may be supplemented in the General Requirements. C. Engineer will be allowed a reasonable time within 1 which to evaluate each proposed substitute. Engineer will be the sole reviewer, and no substitute will be ordered, as evidenced by either a Change Order or an approved Shop Drawing. Owner may require Contractor - to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. Engineer will record time required by Engineer and Engineer's consultants in evaluating substitutions proposed by Contractor and in making changes in the Contract Documents occasioned thereby. Whether or not Engineer reviews a proposed substitute, Contractor shall reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating each proposed substitute. General Conditions 32 City of Fayetteville Sanitary Sewer Improvements I 11 I I I I I_] I I I I I I I I I Paragraph G continued Concerning Subcontractors, Suppliers and Others a. Contractor shall not employ any Subcontractor, Supplier or other person, or organization (including those reviewed by the Owner and Engineer as indicated in paragraph G.5.b), whether initially or as a substitute, against whom Owner or Engineer may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the work against whom Contractor has reasonable objection. b. If the Specifications require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipment) to be submitted to Owner in advance of the specified date prior to the Effective Date of the Agreement for review by Owner and Engineer and if Contractor has submitted a list thereof in accordance with the Specifications, Owner's or Engineer's review (either in writing or by failing to make written objection thereto by the date indicated for review or objection in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case contractor shall submit a substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No review by Owner or Engineer of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of Owner or Engineer to reject defective work. c. If the Bid requires the listing of Suppliers for certain equipment items, the contractor will be required to provide a Supplier that conforms to the Specifications and performs adequately the functions and achieve the results called for by the general design. The Contractor will not be entitled to an increase in Contract Price or Contract Time if the listed Supplier does not conform to the Specifications. The Engineer and Owner will not accept or approve the listed Suppliers prior to the Effective Date of the Agreement. The Engineer's review of Suppliers shop drawings will determine general conformance to the Specifications and shall 33 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph G.5 continued not constitute a waiver of any right of owner or Engineer to reject defective work. This paragraph waives the requirements in paragraph G.5.b. d. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractor, Suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between Owner or Engineer and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. e. The divisions and sections of the Specifications. and the identifications of any Drawings shall not control Contractor in dividing the work among Subcontractors. or Suppliers or delineating the work to be performed by any specific trade. f. All work performed for Contractor by a Subcontractor will be pursuant to an appropriate agreement between Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer and contains waiver provisions as required by paragraph F.6. Contractor shall pay each Subcontractor a just share of any insurance moneys received by Contractor on account of losses under policies issued pursuant to paragraph F.2.d. Patent Fees and Royalties Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the work or the incorporation in the work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the work, and if to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others. The existence of such rights shall be disclosed by Owner in the Contract General Conditions 34 City of Fayetteville Sanitary Sewer Improvements I [_1 I I I P1 I I I I I I I Li I i I 'I I I I L I I I I I I Paragraph G.6 continued Documents. Contractor shall indemnify and hold harmless the Owner, Engineer, and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work or resulting from the incorporation in the work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits Contractor shall obtain and pay for all construction permits and licenses unless otherwise stated. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and construction observation fees necessary for the prosecution of the work, which are applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. Contractor shall pay all charges of utility service companies for connections to the work, and Owner shall pay all charges of such companies for capital costs related thereto such as plant investment fees. Laws and Regulations a. Contractor shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. b. If Contractor observes that the Specifications or Drawings are at variance with any Laws or Regulations, Contractor shall give Engineer prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph D.2. If Contractor performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to Engineer, Contractor shall bear all costs arising therefrom; however, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. 35 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph G continued 9. Taxes Contractor shall pay all sales, consumer, use and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 1O. Use of Premises a. Contractor shall confine construction equipment, the storage of materials, and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations; rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment, or other materials, or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against Owner or Engineer by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold Owner and Engineer harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against Owner or Engineer to the extent based on a claim arising out of Contractor's performance of the Work. b. During the progress of the work, Contractor shall ' keep the work site free from accumulations of waste materials, rubbish, and other debris resulting. from the work. At the completion of the work Contractor shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, appliances, construction equipment, and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by Owner. Contractor shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. General Conditions 36 City of Fayetteville Sanitary Sewer Improvements I U I I 1 I I I I I I 1] I I I I I Paragraph G.10 continued c. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the work or adjacent property to stresses or pressures that will endanger it. 11. Record Documents Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph J.4) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, samples and Shop Drawings will be delivered to Engineer for Owner. 12. Safety and Protection a. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: (1) All employees on the work site and other persons who may be affected thereby. (2) All the work and all materials or equipment to be incorporated therein, whether in storage on or off the site. (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation, or replacement in the course of construction. b. Contractor shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property, Underground Facilities, and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, 37 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph G.12.b continued removal, relocation and replacement of their property. All damage, injury or loss.to any property referred to in paragraph .G.12.a. (1) or G.12.a.(3) caused, directly or indirectly, in whole or in part, by Contractor, any Supplier or any other person or organization directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor). Contractor's duties and responsibilities for the safety and protection of the work shall continue until such time as all the work is completed and Engineer has issued a notice to Owner and Contractor in accordance with paragraph 0.12 that the work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). c. Contractor shall designate a; responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. 13. Emergencies In emergencies affecting the safety or protection of persons, the work, or property at the site or adjacent thereto, Contractor, without special instruction or authorization from Engineer or Owner, is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby. If Engineer determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations: General Conditions 38 City of Fayetteville Sanitary Sewer Improvements I I J I I I I I I 1 I I 1 1 I I I I I 1 I 1 I I I I Paragraph G continued 14. Shop Drawings and Samples a. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, Contractor shall submit to Engineer for review, in accordance with the Schedule of Shop Drawings, submissions which will bear a stamp or specific written indication that Contractor has performed Contractor's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as Engineer may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and like information to enable Engineer to review thefl information as required. b. Contractor shall also submit to Engineer for review with such promptness as to cause no delay in work, all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that Contractor has performed Contractor's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material,. supplier, pertinent data such as catalog numbers and the use for which intended. (1) Before submission of each Shop Drawing or sample the contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. (2) At the time of each submission the Contractor shall, in writing, call Engineer's attention to any deviations that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to Engineer for review and approval of each such variation. 39 General Conditions City of Fayetteville Sanitary Sewer Improvements Li Paragraph G.14 continued C. Engineer will review with reasonable promptness Shop Drawings and samples, but Engineer's review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, sequences, techniques or procedures of construction (except where a specific means, method., technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate compliance of the assembly in which the item functions. Contractor shall make any corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and resubmit new samples for review. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. d. Engineer's review of Shop Drawings or. samples shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has in writing called Engineer's attention to each such variation at the time of submission as required by paragraph G.14.b.(2), and Engineer has given written review of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any review by Engineer relieve Contractor from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph G.14,b.(1). e. .Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to Engineer's review of the pertinent submission will be the sole expense and responsibility of Contractor. 15. Continuing the Work Contractor shall carry on the work and maintain the progress schedule during all disputes or disagreements with Owner. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph P.3 or as Contractor and Owner may otherwise agree in writing. General Conditions 40 City of Fayetteville Sanitary Sewer Improvements Li .1 1 I I I 1 Ii I I I I I I I I I H I 1 L I I I I II 1 I 11 LI Paragraph G continued 16. Indemnification (Hold Harmless Agreement) a. To the fullest extent permitted by Laws and Regulations Contractor shall indemnify and hold harmless Owner and Engineer and their consultants, agents and employees from and against all claims, damages, losses and expenses direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of Contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. b. The foregoing Subparagraph shall, but not by way of limitation, specifically include all claims and judgements which may be made against the Owner, Engineer, Engineer's consultants, and agents and employees of any of them under the Illinois Structural Work Law, and similar laws of other state or governmental body having jurisdiction; and further, against claims and judgements arising from violations of public ordinances and requirements of governing authorities due to the Contractor's or Subcontractor's method of execution of the work. c. In any and all claims against Owner or Engineer or any of their consultants, agents or employees by any employee of Contractor, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation described hereinbefore shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any Subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. 41 General Conditions City of Fayetteville Sanitary Sewer Improvements C Paragraph G.16 continued d. The obligations of Contractor under paragraph G.16 shall not extend to the liability of Engineer, Engineer's consultants, agents or employees arising out of the preparation or review of maps, drawings, opinions, reports, surveys, Change Orders, designs, or Specifications. General Conditions 42 City of Fayetteville Sanitary Sewer Improvements 1I H. Other Work 1. Related Work at Site a. Owner may perform other work related to the Project at the site by Owner's own forces, have other work performed by utility owners or let other direct contracts therefore which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to Contractor prior to starting any such other work; and, if Contractor believes that such performance will involve additional expense to Contractor or requires additional time and the parties are unable to agree as to the extent thereof, Contractor may make a claim therefore as provided in paragraphs L and M. b. Contractor shall afford each utility owner and other contractor who is a party to such a direct contract (or Owner, if Owner is performing the additional work with Owner's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. Contractor shall do all cutting; fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected. The duties and responsibilities of Contractor under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors. C. If any part of Contractor's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or Owner) , Contractor 43 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph H.l.c continued shall inspect and promptly report to Engineer in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. Contractor's failure so to report will constitute an acceptance of the other work as fit and proper for integration with Contractor's Work except for latent or nonapparent defects and deficiencies in the other work. 2. coordination If Owner contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither Owner nor Engineer shall have any authority or responsibility in respect of such coordination. Li L I I I General Conditions 44 City of Fayetteville Sanitary Sewer Improvements 1 II I. Owner's Responsibilities 1. Owner shall issue all communications to Contractor through Engineer. 2. In case of termination of the employment of Engineer, ' Owner shall appoint an Engineer against whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Engineer. ' Any dispute in connection with such appointment may be subject to arbitration. 3. Owner shall furnish the data required of Owner under the ' Contract Documents promptly and shall make payments to Contractor promptly after they are due as provided in paragraphs 0.2 and O.7. 4. Owner will provide lands and easements and provide engineering surveys to establish reference points as set forth in paragraphs E.1 and E.4. Paragraph E.2 refers to Owner's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by Engineer in preparing the Drawings and Specifications. 5. Owner's responsibilities in respect of purchasing property insurance is set forth in paragraph F.7. 6. Owner is obligated to execute Change Orders as indicated in paragraph K.4. 7. Owner's responsibility in respect of certain observations, tests, and reviews is set forth in paragraph N.3.b. 8. In connection with Owner's right to stop Work or suspend Work, see paragraphs N.5 and P.1. Paragraph P.2 deals with Owner's right to terminate services of Contractor under certain circumstances. 45 General Conditions City of Fayetteville Sanitary Sewer Improvements I J. Engineer's Status During Construction 1 2. Owners Representative Engineer will be Owner's representative during the construction period the limitations of representative duri Contract Documents written consent of Visits to Site The duties, responsibilities and authority of Engineer as Owner's ng construction are set forth in the and shall not be extended without Owner and Engineer. Engineer will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous on -site observations to check the quality or quantity of the Work. Engineer's efforts will be directed toward providing for Owner .a greater degree of confidence that the completed work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experienced and qualified design professional, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defects and deficiencies in the Work. Project Representation Engineer will furnish a Resident Project Representative to assist Engineer in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be the same as the Engineer unless otherwise designated. in the Supplementary Conditions. Clarifications and Interpretations Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as Engineer may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If Contractor believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, Contractor may make a claim therefor as provided in paragraphs L or M. General Conditions 46 City of Fayetteville Sanitary Sewer Improvements I I I I I II I L l I C I ' Paragraph J continued 5. Authorized Variations in Work ' Engineer may authorize minor variations in the work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the ' Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner, and also on ' Contractor who shall perform the Work involved promptly. If Contractor believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to ' the amount or extent thereof, Contractor may make a claim therefor as provided in paragraphs L or M. 6. Rejecting Defective Work Engineer will have authority to reject Work which Engineer believes to be defective, and will also have authority to require special review, observation, or testing of the Work as provided in paragraph N.4.b, whether or not the Work is fabricated, installed or completed. 7. Shop Drawings, Change Orders, and Payments a. In connection with Engineer's responsibility for Shop Drawings and samples, see paragraphs G.14. b. In connection with Engineer's responsibilities as to Change Orders, see paragraphs K, L, and M. • c. In connection with Engineer's responsibilities in respect of Applications for Payment, etc., see paragraph O. 8. Determinations for Unit Prices Engineer will have authority to determine the actual quantities and classifications of items of Unit Price Work performed by contractor, and the written decisions of Engineer on such matters will be final, binding on I Owner and Contractor and not subject to appeal (except as modified by Engineer to reflect changed factual conditions). I Li 47 General Conditions City of Fayetteville ' Sanitary Sewer Improvements I Paragraph J continued 9. Decisions on Disputes a. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge of the work thereunder. Claims, disputes and other matters relating to the work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under paragraphs L and M in respect of changes in the Contract Price or Contract Time will be referred initially to Engineer in writing with a request for a formal decision in accordance with this paragraph, which Engineer will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to Engineer and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to Engineer and the other party within sixty (60) days after such occurrence unless Engineer allows an additional period of time to ascertain more accurate data in support of the claim. b. When functioning as interpreter and judge under paragraphs,J.4 and J.9, Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by Engineer pursuant to paragraphs J.4 and J.9 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 0.14) will be a condition precedent to any exercise by Owner or Contractor of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. General Conditions 48 City of Fayetteville Sanitary Sewer Improvements I Paragraph J continued 10. Limitations on Engineer's Responsibilities ' a. Neither Engineer's authority to act under this paragraph or elsewhere in the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Engineer to Contractor, any Subcontractor. Supplier, or any of their agents or employees or any other person performing any of the Work, or to any surety for any of them. b. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "proper" or • adjectives of like effect or import are used to describe requirement, direction, review or judgment of Engineer as to the work, it is intended that such requirement, direction, review or judgment will be used solely to evaluate the work for compliance with 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 Engineer any duty to authority, to perform ' construction observation ordirect performance of the Work or authority to undertake responsibility contrary to the provisions of paragraph J.lo.c or ' J.10.d. c. Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures ' of construction, or the safety precautions and programs incident thereto, and Engineer will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. d. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractors, or ' of the agents or employees of any Contractor or Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. I 49 General Conditions City of Fayetteville ' Sanitary Sewer Improvements K. Changes in work 1. Without invalidating the Agreement and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 2. If Owner and Contractor are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in paragraph L or M. 3. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraph D.2 except in the case of an emergency as provided in paragraph G.13 and except in the case of uncovering Work as provided in paragraph N.4.b. 4. Owner and Contractor shall execute appropriate Change Orders (or Written Amendments) covering: a. Changes in the Work which are ordered by Owner pursuant to paragraph K.1, are required because of defective Work under paragraph N.8 or correcting defective Work under paragraph N.9, or are agreed to by the parties; b. Changes in the Contract Price or Contract Time which are agreed to by the parties; and c. Changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by Engineer pursuant to paragraph 3.9. provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the progress schedule as provided in paragraph G.15. General Conditions 50 City of Fayetteville Sanitary Sewer Improvements Paragraph K continued 5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be Contractor's responsibility; and the amount of each applicable Bond will be adjusted accordingly. 51 General Conditions City of Fayetteville Sanitary Sewer Improvements L. Changes in Contract Price 1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by Contractor shall be at his expense without change in the Contract Price. 2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to Engineer promptly (but in no event later than thirty (30) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days after such occurrence (unless Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for. adjustment in the Contract Price shall be determined by Engineer in accordance with paragraph J.9.a if Owner and Contractor cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph L.2. 3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: , a. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraph L.7). b. By a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph L.5.a.(2)(a). c. On the basis of the Cost of the Work (determined as provided in paragraphs L.4.a and L.5.b) plus a Contractor's Fee for overhead and profit (determined as provided in paragraphs L.5.a and L.5.b. General Conditions 52 City of Fayetteville Sanitary Sewer Improvements 11 11 11 11 I I I L El El J El Paragraph L continued 4. Cost -of -Work a. The term Cost -of -Work means the sum of all costs necessarily incurred and paid by Contractor in the proper performance of the Work. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph L.4.b: (1) Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays, shall be included in the above to the extent authorized by owner. (2) Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Supplier's field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to Owner and contractor shall make provisions so that they may be obtained. 53 General Conditions City of Fayetteville Sanitary Sewer Improvements Li Paragraph L.4.a continued (3) Payments made by Contractor to the Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from Subcontractors acceptable to Contractor and shall deliver such bids to Owner who will then determine, with the advice of Engineer, which bids may be accepted. If a Subcontract provided that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as Contractor's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. (4) Costs of special consultants (including, but not limited to, engineer, architects, testing laboratories, surveyors, lawyers and accountants) employed for services specifically related to the Work. (5) Supplemental costs including the following: (a) The proportion of necessary transportation, travel and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. (b) Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the work, and cost less market value of such items used but not consumed which remain the property of Contractor. (c) Rentals of all construction equipment and machinery and the parts thereof whether rented from Contractor or others in accordance with rental agreements reviewed by Owner with the advice of Engineer, and the cost of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. General Conditions 54 City of Fayetteville Sanitary Sewer Improvements Paragraph L.4.a.(5) continued (d) Sales, consumer, use or similar taxes related to the work, and for which ' Contractor is liable, imposed by Laws and Regulations. ' (e) Deposits lost for causes other than negligence of Contractor, any Subcontractor or anyone directly or indirectly employed by I. any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. ' (f) Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by ' Contractor in connection with the execution of the work, provided they have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone ' directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and review of Owner. No such losses, damages and expenses shall be included in ' the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and Contractor is placed in ' charge thereof, Contractor shall be paid for services a proportionate fee to that stated in paragraph L.5.a.(2). ' (g) The cost of utilities, fuel and sanitary facilities at the site. (h) Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty ' cash items in connection with the Work. (i) Cost of premiums for additional Bonds and ' insurance required because of changes. in the Work. b. The term Cost -of -Work shall not include any of the following: I 55 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph L.4.a. continued , (1) Payroll costs and other compensation of Contractor's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by Contractor whether at the site or in Contractor's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in ' paragraph L.4.a.(l) or specifically covered by paragraph L.4.a.(4) - all of which are to be considered administrative costs covered by the Contractor's Fee. (2) Expenses of Contractor's principal and branch offices other than Contractor's office at the ' site. (3) Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. (4) Cost•of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by paragraph L.4.a.(5)(i)). (5) Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. (6) Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph L.4.a. General Conditions 56 City of Fayetteville Sanitary Sewer Improvements ' Paragraph L continued 5. Contractor's Fee ' a. The Contractor's Fee allowed to Contractor for overhead and profit shall be determined as follows: I(1) A mutually agreed fixed fee; or if none can be agreed upon, (2) A fee based on the following percentages of the 'various portions of the Cost of the Work: (a) The Contractor's Fee shall be fifteen (15) ' percent for payroll costs and the cost of materials and equipment as defined in paragraphs L.4.a.(1) and L.4.a.(2); (b) The Contractor's Fee shall be five (5) percent on the work performed by Subcontractors as defined in paragraph L.4.a.(3); and if a Subcontract is on the • basis of Cost -of -Work plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be fifteen (15) percent; ' (c) No fee shall be payable on costs defined in paragraphs L.4.a.(4), L.4.a.(5), and L.5 (costs associated with supplemental costs or special consultants); ' (d) The amount of credit to be allowed by Contractor to Owner for any such change ' which results in a net decrease in cost, will be the amount of the actual net decrease plus a deduction in Contractor's Fee by an amount equal to ten (10) percent 'of the net decrease; and (e) When both additions and credits are involved ' in any one change, the adjustment in Contractor's Fee shall be computed on the basis of the net change in accordance with ' paragraphs L.5.a.(2)(a) through L.5.a.(2)(d), inclusive. b. Whenever the cost of any Work is to be determined pursuant to paragraph L.4, Contractor will submit an itemized cost breakdown together with supporting data. 57 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph L continued , 6. Cash Allowances: a. It is understood that Contractor has included in the ' Contract Price all allowances so named in the Contract Documents and shall cause the Work so , covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be reviewed by the Engineer. Contractor agrees that: (1) The allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered to the site, and all applicable taxes; and (2) Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof ' will be valid. b. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 7. Unit Price Work: a. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Engineer in accordance with Paragraph J.B. b. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. General Conditions 58 City of Fayetteville Sanitary Sewer Improvements. I Paragraph L.7 continued C. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: (1) If the total cost of a particular item of Unit Price Work amounts to 115 percent or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 15 percent from the estimated quantity of such item indicated in the Agreement; and (2) If there is no corresponding adjustment with respect to any other item of Work; and (3) If Contractor believes that it has incurred additional expense as a result thereof; or (4) If Owner believes that the quantity variation entitles it to an adjustment in the unit price, either Owner or Contractor may make a claim for a adjustment in the Contract Price in accordance with Paragraph L if the parties are unable to agree as to effect of any such variations in the quantity of Unit Price Work performed. 8. Limits of Authority: a. The Contractor shall note and abide by the following Owner's and Engineer's limits of authority for changes in the Work which require a change in the Contract Price and Contract Time. Except in the case of extreme emergency to protect the public safety, public welfare or substantial Work, the following limits of authority to the Owner and Engineer shall apply: Engineer's Representative - No authority Water/Sewer Maintenance Superintendent - $5,000.00 Public Works Director - $10,000.00 Mayor - $20,000.00 or any City Council pre -approved contingency. All accumulative changes which result in Contract Price changes in excess of $20,000.00 or any City Council pre -approved contingency shall require the formal approval of the Fayetteville City Council. 59 General Conditions City of Fayetteville Sanitary Sewer Improvements M. Changes in Contract Time 1. General a. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to Engineer promptly (but in no event later than thirty (30) days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty (60) days after such occurrence (unless Engineer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by Engineer in accordance with paragraph J.8 if Owner and Contractor cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph M.l.a. b. The Contract Time may be extended in an amount equal to time lost due to delays (unavoidable delays) beyond the control of Contractor if a claim is made as provided in paragraph M.l.a. Such delays shall include, but not be limited to, acts or neglect by Owner or others performing additional work as contemplated by paragraph H, or to fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God. c. All time limits stated in the Contract Documents are of the essence of the Agreement. Provisions of this paragraph M.1 shall not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) for delay by. either party. General Conditions 60 City of Fayetteville Sanitary Sewer Improvements Paragraph M continued 2. Delays a. Avoidable Delays (1) Avoidable delays in the prosecution or completion of the Work shall include all delays which might have been avoided by the exercise of care, prudence, foresight, or diligence on the part of the Contractor. (2) Delays in the prosecution of parts of the Work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified; reasonable loss of time resulting from the necessity of submitting drawings to the Engineer for approval and from the making of surveys, measurements, and observations; and such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other Contractors employed by the Owner, which do not necessarily prevent the completion of the whole work within the time herein specified, will be deemed avoidable delays within the meaning of this Contract. b. Unavoidable Delays Unavoidable delays in the prosecution or completion of the Work under this Contract shall include all delays which may result through causes beyond the control of the Contractor and which he could not have provided against by the exercise of care, prudence, foresight, or diligence. Such delays shall include, but not be limited to, acts or neglect by Owner or others performing additional work as contemplated by paragraph H or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. Orders issued by the Owner changing the amount of Work to be done, the quantity of material to be furnished, or the manner in which the Work is to be prosecuted; failure of the Owner to provide rights- of- way; and unforeseen delays in the completion of the Work of other contractors under contract with the Owner will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the Work. Delays due to 61 General Conditions City of Fayetteville Sanitary Sewer Improvements i Paragraph M.2.b continued adverse weather conditions will not be regarded as unavoidable delays as the Contractor should understand that such conditions are to be expected and plan his Work accordingly. 3. Extension of Time a. For Unavoidable Delays For delays which are unavoidable as provided in paragraph M.2.b, as determined by the Owner, the Contractor will be allowed, if he applies for the same, an extension of time beyond the time specified for completion, proportionate to such unavoidable delay or delays, within which to complete the Contract. The Contractor will not be charged, because of any extension of time for such unavoidable delay, any liquidated damage and/or actual damages as provided in paragraph R. _ b. For Avoidable Delay. (1) Extensions of time will not be granted because of avoidable delays. (2) Contractor will be charged liquidated damages or actual damages as provided in paragraph R for avoidable delays. General Conditions 62 City of Fayetteville Sanitary Sewer Improvements I 1. Warranty and Guarantee Contractor warranties and guarantees to Owner and Engineer that all work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All ' defective Work, whether or not in place, may be rejected, corrected or agreed to as provided in this paragraph N. ' 2. Access to Work Engineer and Engineer's representatives, other representatives of Owner, testing agencies and '• governmental agencies with jurisdictional interests will have access to the work at reasonable times for observation and testing. Contractor shall provide proper and safe conditions for such access. 3. Tests and Observations a. Contractor shall give Engineer; timely notice of readiness of the Work for all required observations, tests, or reviews. ' b. If Laws or Regulations of any public body having jurisdiction requires any Work (or part thereof) to specifically be observed or tested, Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish Engineer with the required certificates of inspection, testing, or ' approval. Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with ' Owner's or Engineer's agreed to. Supplier of materials or equipment proposed to be incorporated in the work, or of materials or equipment submitted for approval t prior to Contractor's purchase thereof for incorporation in the Work. The cost of all observations, tests, and approvals in addition to the above which are required by the Contract Documents ' shall be paid by Owner (unless otherwise specified). c. All observations, tests, or reviews other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations agreed to by Owner and Contractor (or by Engineer if so specified). 63 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph N.3 continued d. If any Work (including the work of others) that is to be observed or tested is covered without written concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice of Contractor's intention to cover such work and Engineer has- not acted with reasonable promptness in response to such notice. e. Neither observations by Engineer nor observations, tests, or reviews by others shall relieve Contractor from his obligations to perform the work in accordance with the Contract Documents. 4. Uncovering work a. If any work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. b. If Engineer considers it necessary or advisable that covered work be observed by Engineer or tested by others, Contractor, at Engineer's request, shall uncover, expose or otherwise make available for observation or testing as Engineer may require, that portion of the work in question, furnishing all necessary labor, material and equipment. If it is found that such work is defective, Contractor shall bear all the expenses of such uncovering, exposure-, observation, testing and reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and Owner shall be entitled to an appropriated decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in paragraph L. If, however, such work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, testing -and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, Contractor may make a claim therefor as provided in paragraphs L and M. I General Conditions 64 t City of Fayetteville Sanitary Sewer Improvements IT Paragraph N continued 5. Owner May Stop the Work If the work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment,or fails to furnish or perform the Work in such ' a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the work, or any portion thereof, until the cause for ' such order has been eliminated; however, this right of Owner to stop the work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of Contractor or any other party. 6. Correction or Removal of Defective Work a. If required by Engineer, Contractor shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer, remove it from the site and replace it with suitable Work. Contractor shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys, and other professionals) made necessary thereby. ' b. If the contractor fails to remove defective work within ten days after receipt of written notice, the rejected material or work may be removed by the Owner ' and the cost of such removal shall be taken out of the fees that may be due or may become due the Contractor on account of or by virtue of this ' Contract. No such rejected material shall again be offered for use by the Contractor under this Contract. ' 7. One Year Correction Period If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations by the terms of any applicable special guarantee required by the Contract ' Documents or by any specific provision of the Contract Documents, any work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance ' with Owner's written instructions, either correct such defective work, or, if it has been rejected by Owner, remove it from the site and replace it with nondefective work. If Contractor does not promptly comply with the I. 65 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph N.7 continued terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. ' 8. Acceptance of Defective Work If,. instead of requiring correction or removal and i replacement of defective work, Owner (and, prior to Engineer's recommendation of final payment, also Engineer) prefers to accept it, Owner may do so. Contractor shall bear all direct, indirect and consequential costs attributable to Owner's evaluation of and determination to accept such defective Work (such costs to be reviewed by Engineer as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to Engineer's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a claim therefor as provided in paragraph L. If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner. _ 9. Owner May Correct Defective Work If Contractor fails within a reasonable time after written notice of Engineer to proceed to correct defective work or to remove and replace rejected work as required by Engineer or if Contractor fails to perform the work in accordance with the Contract Documents or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct and remedy any such deficiency. In exercising his right under this paragraph Owner shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, Owner may exclude Contractor from all or part of the General Conditions 66 City of Fayetteville Sanitary Sewer Improvements I I I I I I I I I I I I I Lii I I I H Paragraph N.9 continued site, take possession of all or part of the work, and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees such access to the site as may be necessary to enable Owner to exercise his rights under this paragraph. All direct, indirect and consequential costs of Owner in exercising such rights and remedies will be charged against Contractor in an amount reviewed by Engineer, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price, and if the parties are unable to agree as to the amount thereof, owner may make a claim therefor as provided in paragraph L. Such direct, indirect and consequential costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time because of any delay in performance of the work attributable to the exercise by Owner of Owner's rights hereunder. 67 General Conditions City of Fayetteville Sanitary Sewer Improvements I i. Schedules The schedule of values established as provided in paragraph C.7 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment. Progress payments on account of Unit Price Work will be based on the number of units completed. 2. Application for Progress Payments a. The contractor shall, on the 25th day of each calendar month, together with a representative of the Engineer, make an estimate of the value of the work performed as of the 15th day of the month in accordance with this Contract since the last preceding estimate was made. The Contractor shall then prepare and submit the estimate to the Engineer on the periodical estimate for partial payment forms, copies of which are bound with these Contract Documents. The number of copies to be submitted will be determined by the Engineer after construction has started. b. Upon presentation of certified copies of purchase bills and freight bills, the Owner will permit inclusion in such monthly estimates payment for materials that will eventually be incorporated in the project, providing that such material is suitably stored on the site at the time of submission of the estimate for payment. At the time the next following monthly estimate is submitted, certified copies of receipted purchase and freight bills for the stored materials included in the monthly payment estimate submitted two months previously shall be submitted. If the Contractor fails to submit proof of payment with the monthly payment estimate, those items of stored materials for which no proof of payment has been submitted will be deleted from the current payment estimate. Such materials when so paid for by the Owner will become the property of the Owner and, in case of default on the part of the Contractor, the Owner may use or cause to be used by others these materials in construction of the project. However, the Contractor shall be responsible for safe guarding such materials against loss or damage of any nature whatsoever, and in case of any loss or damage the Contractor shall replace such lost or damaged materials at no cost to the owner. General Conditions 68 City of Fayetteville Sanitary Sewer Improvements I El I 11 1l LU I I El Paragraph O.2.b continued (1) Except as provided in paragraph O.2.b, the first application for payment shall be of the value of ' the work done and of materials proposed and suitable for permanent incorporation in the work, delivered, and suitably and safely stored ' at the site of the work since the Contractor shall have begun the performance of this Contract; and every subsequent estimate, except 1 the final estimate, shall be of value of the work done and materials delivered and suitably stored at the site of the work since the last preceding estimate was made. c. No application for partial payment shall be made when, in the judgement of the Engineer, the total value of the Work done and materials incorporated into the Work under this Contract since the last preceding estimate amount is less than $10,000. d. Applications for payment shall be signed by the Engineer and approved by the Owner, and after such approval, the Owner, subject to the foregoing provisions, will pay or cause to be paid an amount equal to the estimated value of the work performed less a retained amount in accordance with the following schedule: (1) Ten (10) percent until construction is 50 percent complete. (2) Five (5) percent after construction is 50 percent complete, provided that the ' Contractor is making adequate progress and there is no specific cause for greater withholding. 1 (3) When the project is substantially complete (operational or beneficial use as determined by the Engineer) the retained amount will be reduced to two (2) percent of the value of work ' which is substantially complete, or two hundred (200) percent of the value of each item as determined by the Engineer to complete said item or items of work, whichever is greater. e. Contractor shall furnish with each application for payment a Contractor's sworn affidavit listing all parties to receive payments on that request. 69 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph O.2 continued f. If required by the regulatory agencies, the Contractor and his subcontractor shall prepare weekly sworn affidavits with respect to the payment of wages in accordance with the provisions as set forth in the "Anti -Kickback" Act, and submit affidavits with the progress payment requests. Unit Price Items a. Unit price items listed in the Bid form and in the Agreement form may be of two types, "unit price construction items", and "unit price work items ordered by the Engineer during construction". For all unit price items, quantities as set forth are the best estimates which can be made during design, since actual quantities cannot be determined until construction is underway. b. The Contractor shall study carefully the Specifications to determine the extent and scope of the work included under lump sum items in the Contract. It may be that work under some unit price items is in addition to similar work to be performed under lump sum items and paid for thereunder. c. Unit Price Construction Items Unit price construction items will be used to pay for work not included under a lump sum item but required by the Contract. d. Unit Price Work Items Order by the Engineer During Construction These unit price items will be used to pay for designated work, not shown on the Contract Drawings, when ordered by the Engineer in writing during construction. Reporting and Invoicing Cost -of -Work All cost -of -work items shall be reported daily and signed by the Contractor and the Engineer, which daily reports shall thereafter be considered the true record of cost- of- work done. Completely detailed invoices covering the cost -of -work shall be submitted for payment not later than 15 days after the completion of the work. The charges for work performed by the Contractor, by a Subcontractor, and by an employee of a Subcontractor shall be reported separately. Substantiating invoices from suppliers, vendors and Subcontractors shall be included with the Contractor's invoices. The Contractor General Conditions 70 City of Fayetteville Sanitary Sewer Improvements 1 I Paragraph O.4 continued shall permit examination of accounts, bills, and vouchers ' relating to the cost -of -work when requested by the Engineer. 5. Partial Waiver of Liens Partial waiver of liens shall accompany each payment request to cover the full amount of the previous payment request. The Contractor shall procure from each and every Subcontractor and suppliers of material or labor a partial waiver of lien to release the Owner of any claim to a mechanics lien, which they or any of them may have under the mechanics lien laws of the State in which the project is located. Any payments made by the Owner without requiring strict compliance to the terms of this paragraph shall not be construed as a waiver by the owner of the right to insist upon strict compliance with the terms of this approach as a condition of later payments. 6. Contractor's Warranty of Title ' Contractor warrants and guarantees that title to all work, materials and equipment covered by any Application for Payment, whether incorporated in the project or not, will pass to Owner no later than the time of payment free and clear of all Liens. 7. Review of Progress Payment Requests 1 a. Engineer will, within fifteen (15) days after receipt of each payment request, either indicate in writing a recommendation of payment and present the request to ' Owner, or return the payment request to contractor indicating in writing Engineer's reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the request. Thirty (30) days after presentation of the Application for Payment with Engineer's recommendation, the amount recommended will (subject to the provisions of paragraph O.7.f) become due and when due will be paid by Owner to Contractor. b. Paragraph deleted. I C 71 General Conditions 1 City of Fayetteville Sanitary Sewer Improvements I Paragraph 0.7 continued I c. Engineer's recommendation of any payment requested in a payment request will constitute a representation by Engineer to Owner, based on Engineer's on -site observations of the work in progress as an experienced and qualified design professional and on Engineer's review of the payment request and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of the Engineer's knowledge, information and belief, the quality of the work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon substantial completion, to the results of any ft subsequent tests called for in the Contract Documents to a final determination of quantities and classifications for Unit Price Work under paragraph 3.8 and to any other qualifications stated in the recommendation); and that Contractor is entitled to payment of the amount recommended. However, by recommending any such payment, Engineer will not thereby be deemed to have represented that exhaustive or continuous on -site observations have been made to check the quality or the quantity of the work, or that the means, methods, techniques, sequences, and procedures of construction have been reviewed or that any examination has been made to ascertain how or for what purpose Contractor has used the moneys paid or to be paid to Contractor on account of the Contract Price, or that title to any work, materials or equipment has passed to Owner free and clear of any Liens. d. Engineer's recommendation of final payment will constitute an additional representation by Engineer to Owner that the conditions precedent to Contractor's being entitled to final payment as set forth in paragraph O.8.a have been fulfilled. e. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's opinion, it would be incorrect to make such representations to Owner. Engineer may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent observations or tests, nullify any such payment previously recommended; to such extent as may be necessary to Engineer's opinion to protect Owner from loss because: (1) The Work is defective, or completed work has been damaged requiring correction or replacement. General Conditions 72 City of Fayetteville Sanitary Sewer Improvements !I F I I Paragraph O.7.d continued (2) The Contract Price has been reduced by Written ' Amendment or Change Order. (3) Owner has been required to correct defective Work or complete the Work in accordance with Iparagraph N.6.b. (4) Engineer's actual knowledge of the occurrence of ' any of the events enumerated in paragraphs P.2.a.(1) through P.2.a.(9) inclusive. If. Owner may refuse to make payment of the full amount recommended by Engineer because claims have been made against Owner on account of Contractor's performance or furnishing of the Work or Liens have been filed in ' connection with the Work or there are other items entitling Owner to a set-off against the amount recommended, but Owner must give Contractor immediate written notice (with a copy to Engineer) stating the reasons for such action. 8. Substantial Completion a. When Contractor considers the entire work ready for its intended use and all final restoration and testing is complete, Contractor shall notify Owner and Engineer in writing that the entire Work is Substantially Complete and request that Engineer issue a Statement of Substantial Completion. Within a reasonable time thereafter, Owner, Contractor and Engineer shall make an observation of the Work to determine the status of completion. if Engineer does not consider the work Substantially Complete, Engineer will notify Contractor in writing, giving his reasons therefore. If Engineer considers the 1 work substantially complete, Engineer will prepare and deliver to Owner a tentative Statement of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. This list shall be called a punch list. Owner shall have fourteen (14) days after receipt of the tentative certificate during which he may make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not Substantially Complete, Engineer will within fourteen days after submission of the tentative certificate to Owner notify Contractor in writing, stating his reasons therefore. If, after consideration of Owner's objections, Engineer 73 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph O.8.a continued considers the Work Substantially Complete, Engineer will within said fourteen (14) days execute and deliver to Owner and Contractor a definitive Statement of Substantial Completion (with a revised tentative list of items to be completed or 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 Statement of Substantial Completion Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner, and Contractor with respect to security, operation, safety, maintenance, heat, utilities and insurance and warranties. Unless Owner and Contractor agree otherwise in writing and so inform Engineer prior to Engineer's issuing the definitive Statement of Substantial Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. b. Owner shall have the right to exclude Contractor from the work after the date of Substantial Completion, but Owner shall allow Contractor reasonable access to complete or correct items on the punch list. I I I I I I 9. Partial Utilization I a. Use by Owner of any finished part of the Work, which has specifically been identified in the Contract Documents, or which Owner, Engineer and Contractor agree constitutes a separately functioning and useable part of the Work that can be used by Owner' without significant interference with Contractor's performance of the remainder of the Work, may be . accomplished prior to Substantial Completion of all the Work subject to the following: (1) Owner at any time may request Contractor in writing to permit Owner to use any part of the work which Owner believes to be ready for its intended use and substantially complete. If Contractor agrees, Contractor will certify to Owner and Engineer that said part of the Work is substantially complete and request Engineer to issue a Statement 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 General Conditions 74 City of Fayetteville Sanitary Sewer Improvements I I P. Paragraph O.9.a continued ' Statement of Substantial Completion for that part of the Work. Within a reasonable time after either such request, Owner and Contractor shall observe that part of the Work to determine its status of completion. If Engineer does not ' consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving the reasons therefore. If Engineer considers that part of•the Work to be substantially complete, the provisions of paragraph 0.8 will apply with respect to Statement of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. (2) Owner may at any time request Contractor in writing to permit Owner to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to Engineer and within a reasonable time thereafter Owner, Contractor, and Engineer ' shall observe that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If ' Contractor does not object in writing to Owner and Engineer that such part of the Work is not ready for separate operation by Owner, Engineer I will finalize the list of items to completed or corrected and will deliver such list to Owner and Contractor together with a written ' recommendation as to the division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon Owner and Contractor at the time when Owner takes over such operation (unless they shall have otherwise agreed in writing and so informed Engineer). During such operation and prior to Substantial Completion of such part of the Work, owner shall allow Contractor reasonable access to complete or correct items on said list and to complete other related Work. (3) No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph F.7 in respect of property insurance. 75 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph O continued 10. Final Observation Upon written notice from Contractor that Work or an agreed portion thereof is complete, Engineer will make a final observation with Owner and Contractor and will notify Contractor in writing of all particulars in which this observation reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 11. Final Application For Payment After Contractor has completed all such corrections and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked -up record documents as provided in paragraph G.11 and other documents - all as required by the Contract Documents, and after Engineer has indicated that the Work is acceptable, subject to the provisions of paragraph O.16 Contractor may make application for final payment request following the procedure for progress payment requests. The final payment request shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as.approved by Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the work for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, and/or Supplier fails to furnish a release or receipt in full, Contractor may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien. 12. Final Payment and Acceptance a. If, on the basis of Engineer's observation of the Work during construction and final observation, and Engineer's review of the final payment request and accompanying documentation - all as required by the Contract Documents, Engineer has been shown that the work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled, Engineer will, within ten (10) days after receipt of final payment request, indicate in General Conditions 76 City of Fayetteville Sanitary Sewer Improvements • Engineer's recommendation of payment and the request to Owner. Thereupon Engineer ve written notice to Owner and Contractor that k is acceptable subject to the provisions of ph O.14. Otherwise, Engineer will return the payment request to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the payment request. Thirty (30) days after presentation to Owner of the Application and accompanying documentation, in appropriate form and substance, and with Engineer's recommendation and notice of acceptability, the amount recommended by Engineer will become due and will be paid by Owner to Contractor. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt of Contractor's final payment request and recommendation of Engineer, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph F.1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer with the request for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Continuing Obligation Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by Engineer, nor the issuance of a certificate of substantial completion, nor any payment of Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by Owner, nor any act of acceptance by Owner nor any failure to do so, nor the issuance of a notice of acceptability by Engineer pursuant to paragraph O.12, nor any correction of defective work by Owner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of contractor's obligation to 1 conditions Fayetteville Improvements Paragraph O.13 continued perform the Work in accordance with the Contract Documents (except as provided in paragraph O.14). 14. Waiver of Claims The making and acceptance of final payment shall constitute: a. A waiver of all claims by Owner against Contractor, except claims arising from unsettled Liens, from defective Work appearing after final observation pursuant to paragraph O.10 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it will not constitute a waiver by Owner of any rights in respect of Contractor's continuing obligations under the Contract Documents. b. A waiver of all other than those unsettled. claims by Contractor against Owner previously made in writing and still General Conditions City of .Fayetteville Sanitary Sewer Improvements FZ? I ' P. Suspension of Work and Termination Ii: Owner May Suspend Work a. Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more ' than ninety (90) days by notice in writing to Contractor and Engineer which shall fix the date on which work shall be resumed. Contractor shall resume ' the work on the date so fixed. Contractor may be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefor as provided in paragraphs L and M. b. Owner may suspend work upon occurrence of any one or more of the following events: (1) If Contractor fails to supply a qualified ' superintendent, sufficient skilled workmen, subcontractors, or suitable materials or equipment. ' (2) If Contractor repeatedly fails to make prompt payments to subcontractors or for labor, materials, or equipment. ' (3) If Contractor disregards Laws and Regulations, of any public body having jurisdiction. (4) If Contractor otherwise violates in any substantial way any provisions of the Contract Documents, the Owner shall have authority to suspend the Work wholly or in part, for such period of time as he may deem necessary, because of conditions unfavorable for the prosecution of the Work, or to conditions which in his opinion warrant such action, or for such time as is necessary by reason of failure on the part of the Contractor to carry out orders given, or to perform any or all provisions of the Contract. No additional compensation will be paid the Contractor because of any costs caused by such I. suspension, except when the suspension is ordered for reasons not resulting from any act or omission on the part of the Contractor. I ' 79 General Conditions City of Fayetteville Sanitary Sewer Improvements I Paragraph P.1 continued c. If it becomes necessary to suspend work for an indefinite period of time, the Contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily or become damaged in any way, take every precaution to prevent damage or deterioration of the Work performed, provide suitable drainage of roadways, and erect temporary structures where necessary. The Contractor shall not suspend work without written authority from the Owner. Owner May Terminate a. Upon the occurrence of any one or more of the following events: (1) If Contractor commences a voluntary case under any chapter of the Bankruptcy United States Code), as effect, or if Contractor similar action by filing under any other federal at such time relating to insolvency; now or Code (Title 11, hereafter in takes any equivalent or a petition or otherwise or state law in effect the bankruptcy or (2) If a petition is filed against Contractor under any chapter of .the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against Contractor under any other federal or. state law in effect at the time relating to bankruptcy or insolvency; (3) If Contractor makes a general assignment for the benefit of creditors; II I I I I I L (4) If a trustee, receiver, custodian or agent of I Contractor is appointed under applicable law or under contract, whose appointment or authority to take charge of property of Contractor is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of Contractor's creditors; (5) If Contractor admits in writing an inability to ' pay its debts generally as they become due; fl General Conditions 80 City of Fayetteville Sanitary Sewer Improvements I I I I I I I I I I I J IH L.] I I I I Paragraph P.2.a continued (6) If Contractor persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph C.7 as revised from time to time); (7) If Contractor disregards Laws or Regulations of any public body having jurisdiction; (8) If Contractor disregards the authority of Engineer; or (9) If Contractor otherwise violated in any substantial way any provisions of the Contract Documents. b. Owner may after giving Contractor (and the surety, if there be one) fourteen (14) days written notice, and to the extent permitted by Laws and Regulations, terminate the services of Contractor, exclude Contractor from the site and take possession of the work and of all Contractor's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor (without liability to Contractor for trespass or conversion), incorporate in the work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the work as Owner may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work, (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) such excess will be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the difference to Owner. Such costs incurred by Owner will be reviewed by Engineer and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest figure for the work performed. 81 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph P.2 continued c. Where Contractor's services have been so terminated by Owner, the termination shall not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability. d. Upon fourteen (14)days written notice to Contractor and Engineer, Owner may, -without cause and without prejudice to any other right or remedy, elect to abandon the work and terminate the Agreement. In such case, Contractor shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and consequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). Contractor May Stop Work or Terminate If, through no act or fault of Contractor, the work is suspended for a period of more than ninety (90) days by Owner or under an order of court or other public authority, or Engineer fails to act on any payment request within thirty (30) days after it is submitted, or owner fails for thirty (30) days to pay Contractor any sum finally determined to be due, then Contractor may, upon fourteen (14) days written notice to Owner and Engineer, terminate the Agreement and recover from owner payment for all work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer has failed to act on an Application for Payment or Owner has failed to make any payment as aforesaid, Contractor may upon fourteen (14) days notice to Owner and Engineer stop the work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of his obligations under paragraph G.15 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with Owner. General Conditions 82 City of Fayetteville Sanitary Sewer Improvements I I L I I I I I I L I ' Q. Arbitration 1. Claims, disputes and other matters in question between Owner and Contractor arising out of or relating to the Contract Documents or the breach thereof (except for ' claims which have been waived by the making or acceptance of final payment as provided by paragraph O.14) may be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association subject to the limitations of this Paragraph Q. The Owner and Contractor must jointly agree to have specific claims, disputes and other matters in question settled by arbitration. Arbitration entered into in accordance herewith as provided in this Paragraph Q will be specifically enforceable under the prevailing arbitration law of any court having jurisdiction. 2. No request for arbitration of any claim, dispute or other matter that is required to be referred to Engineer • initially for decision in accordance with paragraph J.9 will be made until the earlier of (a) the date on which Engineer has rendered a decision or (b) the tenth (10th) day after the parties have presented their evidence in writing to Engineer if a written decision has not been rendered by Engineer before that date. No request for arbitration of any such claim, dispute, or other matter shall be made later than thirty (30) days after the date on which Engineer has rendered a written decision in respect thereof in accordance with paragraph J.9; and the •' failure to request arbitration within said thirty (30) days period shall result in Engineer's decision being final and binding upon Owner and Contractor. If Engineer renders a decision after arbitration proceedings have ' been initiated, such decision may be entered as evidence but shall not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No request for arbitration of any written decision of Engineer rendered in accordance with paragraph J.9 will be made later than ten (10) days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph J.9. 3. Notice of the request for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy shall be sent to Engineer. The request for arbitration will be made within the 30 day or 10 day period specified in paragraph Q.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or I ' 83 General Conditions City of Fayetteville Sanitary Sewer Improvements Paragraph Q.3 continued other matter in question has arisen, and in no event shall any such request be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 4. No arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including Engineer, Engineer's agents, employees or consultants) who is not a party to this Contract unless: a. The inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration. b. Such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings. c. The written consent of the other person or entity sought to be included and of Owner and Contractor has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 5. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. Sections 10, 11). General Conditions 84 City of Fayetteville Sanitary Sewer Improvements I ' R. Liquidated Damages or Actual Damages for Delay 1. General Time is of the essence of this Contract, liquidated damages or actual damages for delay will be assessed against the Contractor for failure to complete the work within the tine(s) specified in these Contract Documents. I2. Liquidated Damages Should the Contractor fail to complete the work, or any ' part thereof, in the time stipulated in the Contract or within such extra time as may have been allowed for unavoidable delays by extensions granted as provided in Paragraph M, the Contractor shall reimburse the Owner for the additional expense and damage for each calendar day, Sundays and legal holidays included, that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the work is the per -diem rate stipulated in the Bid. The said amounts are hereby agreed upon as liquidated damages ' for the loss to the Owner on account of expense due to the employment of Engineers, inspectors, construction reviewers, and other employees after the expiration of ' the time of completion, and if applicable, expenses incurred by the Owner as a result of the impact of the Contractor on other contractors under this project or ' other contracts, and on account of the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is not to be considered in the nature of a penalty, but as ' liquidated damages, which have accrued against the Contractor. The Owner shall have the right to deduct such damages from any amount due, or that may become due ' the Contractor, or the amount of such damages shall be due and collectible from the Contractor or his Surety. 3. Actual Damages for Delay Failure to meet the Contract Completion Date(s) by the Contractor will subject the Contractor to liability for all damages suffered by the Owner. Damages that might accrue to the Owner include, but are not limited to, the additional costs for project inspection by others, construction review by RJN Group, Inc., the Owner's project administration and overhead, the Engineer's project administration and overhead, loss of revenue from the completed facility, delay or impact damages from other Contractors on this Contract or other Contractors on other Contracts resulting from the delay, rental costs incurred by the Owner as a result of delay in completion 85 General Conditions 1City of Fayetteville Sanitary Sewer Improvements I Paragraph R.3 continued ' of this Contract, value and use loss arising from this delay, and all legal costs associated with administration of this General Condition or with any litigation arising out of this General Condition. The Owner may, without prejudice to any other remedies that may be available, withhold from any monies due, or which may become due the Contractor, all damages sustained or which may be sustained in accordance with this paragraph R.3. The rights and remedies of the owner provided in this paragraph R.3 are in addition to any other remedies provided by law or under this Contract. 4. Liquidate Damages will be assessed in accordance with Paragraph R.5 for each calendar day beyond the dates stipulated below: a. For each calendar day beyond the Contractual Date of Substantial Completion until the date when. Substantial Completion is achieved. b. For each calendar day beyond the Contractual Date of Final Completion or 30 calendar days after the actual date of Substantial Completion, whichever is later, until the date when Final Completion is achieved. 5. Liquidate damages will be assessed as follows: Less than $1,000,000 1,000,000 and less than 3,000,000 3,000,000 and less than 5,000,000 5,000,000 and less than 10,000,000 10,000,000 and over General Conditions 86 City of Fayetteville Sanitary Sewer Improvements Liquidated Damages Per Day $1,000 2,000 3,000 4,000 5,000 11 11 I I I I I I. I sht!sI.tja Slit, - 1. General Excess engineering costs shall be applicable only during the Contract Time provided in the Agreement. 2. Overtime a. The Owner shall charge to Contractor all engineering and construction observation expenses incurred by Owner in connection with any overtime work. For any such overtime during the regular specified Contract Time beyond the regular eight hour day and for any time worked on Saturday, Sunday, or holidays, the charges for such personnel will be as provided in the Schedule of Charges below. b. These charges for excess engineering will be deducted from the Contractor's monthly payment request. c. Schedule of Charges to be as follows for all engineering and construction observation expenses incurred by the Owner in connection with any overtime work. Personnel Hourly Rate Project Manager $ 92.00 Resident Engineer 60.00 Resident Project Representative 45.00 Clerical/Office Technician 25.00 I I [_I I I I 1-1 d. The Contractor shall not work over a 10 -hour day without written permission from the Owner. e. The Engineer shall determine when observation of construction activities beyond the regular eight -hour day is required. 87 General Conditions City of Fayetteville Sanitary Sewer Improvements T. Miscellaneous , 1. Giving Notice Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 2. Computation of Time ' a. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day .shall be omitted from the computation. b. A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. 3. General , a. Should Owner or Contractor suffer injury or damage to his person or property because of any error, omission or act of the other party of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph T.3.a shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. b. The duties and obligations imposed by these General ' Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by paragraph G.16.a, N.1, N.7, N.9, 0.6, P.2.a and all of the rights and remedies available to Owner and Engineer thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available to any or all of General Conditions 88 City of Fayetteville Sanitary Sewer Improvements I I ' Paragraph T continued them by Laws or Regulations, by special warranty or ' guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement. I I END OF THIS SECTION I I I I I II I I 89 General Conditions City of Fayetteville Sanitary Sewer Improvements LII SUPPLEMENTARY CONDITIONS I I I I [1 II I I I I These Supplementary Conditions amend or supplement the General Conditions of the Contract and other provisions of the Contract Documents as indicated below. Provisions which are not so amended or supplemented remain in full force and effect. Add the following sentence to the end of paragraph E.1: Contractor shall confine all construction activities within the easements indicated on the plans. • . .. _ . - - • fill - 1 - 1 ! • ! - : • 1 Add the following new paragraphs as part of paragraph F.1: e. Bonds meeting the requirements of Arkansas Highway and Transportation Department are required for all work performed within their right of ways. Add the following paragraph to Paragraph F: 7. Insurance Rating All insurance contracts must maintain a Best's Rating of A: Class VI or better. Modify the heading and first sentence of Paragraph N.7. as follows: Two Year Correction Period If within two years after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either correct such defective work, or, if it has been rejected by Owner, remove it from the site and replace it with nondefective work. cl-1 supplementary Conditions City of Fayetteville Sanitary Sewer Improvements affilt.nt(.).S4. • . - ' - III ' / - Delete paragraph 0.2.a and substitute the following new paragraph: a. The Contractor, together with a representative of the Engineer, shall make an estimate of the value of the work performed ten days prior to a specified date each month in accordance with this Contract. The payment due date shall be determined at the preconstruction meeting. ta ..P ca, 1!bista.ts tl_,L,)I tiffi - • , Add the following new paragraph as part of paragraph 0.8: 0.8.c. Substantial completion is defined as all excavation, material, labor, bedding, backfill, final restoration, and testing required to complete the work as defined in the Contract documents. Individual job numbers will be considered for substantial completion. Delete paragraph A.17 and substitute the following new paragraph: 17. Engineer - The firms of RAIN Group Inc., Consulting Engineers, Dallas, Texas and McClelland Consulting Engineers, Inc., Fayetteville, Arkansas,.acting through their authorized representatives. Delete paragraph E.2.a and substitute the following new paragraph: a. No reports of explorations and tests of subsurface conditions at the site are available. Delete paragraph 0.9 of the General Conditions. I Supplementary Conditions C1-2 City of Fayetteville Sewer System Improvements LJ II K. jaErnda!Jp.wp,! II I I El I I [I I I II Delete paragraph 0.2.d. and substitute the following new paragraph: d. Applications for payment shall be signed by the Engineer and approved by the Owner, and after such approval, the Owner, subject to the foregoing provisions, will pay or cause to be paid an amount equal to the estimated value of the work performed less a retained amount of ten (10) percent until Final Acceptance by the owner. The City of Fayetteville has Tort Immunity under Arkansas Law. Nothing in these contract documents shall be construed or interpreted as the City waiving that Tort Immunity. END OF SUPPLEMENTARY CONDITIONS C1-3 Supplementary Conditions city of Fayetteville Sanitary Sewer Improvements ' SPECIAL CONDITIONS UNIT 3 ' TERM CONTRACT FOR THE REHABILITATION OF SANITARY SEWER LINES ISC.01 GENERAL The work shall be performed in accordance with the terms and conditions of these contract documents, except as described herein. ' SC.02 LOCATION Work under UNIT 3 will be at locations specified in work orders, for any area within the City of Fayetteville sewer service area. The City invites prospective bidders to contact Mr. Dave Jurgens, Water/Sewer Maintenance Superintendent at 113 W. Mountain, Fayetteville, Arkansas 72701, (501)575-8387, to view site locations and TV inspection video tapes of some of the prospective work. These sites will not constitute the entire scope of UNIT 3, and the City reserves the right to add and remove sites as is deemed necessary. SC.03 SCOPE OF WORK This contract will be for sanitary sewer line rehabilitation by lining in the City of Fayetteville, Arkansas. The lining will be installed according to specification section D2-13, and other related or referred specification sections. The quantities shown on the bid form are only estimated t amounts. Actual numbers may vary. While there are items in the Unit 3 Proposal to cover cleaning and pre -TV Inspection, and internal service lateral reconnection, the intent of this contract is for the cleaning, pre -TV inspection, obstruction removal, and external service lateral ' reconnection to be performed by City of Fayetteville personnel. The lining work orders will be issued on an as needed basis upon the discretion of the City of Fayetteville. At the time the work order is issued for one or more fine segment, the City will indicate whether or not pre -TV ' inspection and/or internal service lateral reconnection will be required. The City is neither obligated to order nor accept more or less than the quantity shown in the bid proposal. The actual quantity ordered or accepted will be based upon actual needs as determined at the sole discretion of the City, and availability of funds. ' SC.04 PERIOD OF CONTRACT The initial term of this Contract shall be a period commencing upon the effective date hereof and expiring in 150 working days, unless City decides and Contractor agrees to extend the Contract. ' Should the parties agree to extend this Contract, it may be renewed for up to an additional year one (1) term at the City's discretion upon the giving of not more than ninety (90) nor fewer than ' thirty (30) days notice by City prior to the expiration of the contract . The parties further agree that City may cancel and terminate this Contract, without cause, upon thirty (30) written notice to Contractor. ' C2-1 Special Conditions City of Fayetteville Sanitary Sewer Improvements I SC.05 WORK ORDERS, PROSECUTION AND PROGRESS Contractor shall provide all supervision, labor, materials and equipment necessary for sanitary sewer lining services upon request of City as such services are required by the City. The City plans to issue work orders for the lining of sanitary sewers in amounts as required, such decisions begin within the sole discretion of the City. The Contractor shall begin work within fifteen (15) working days from the issuance of the City's Notice to Proceed. It is the intent of this Contract to supply the Contractor with work orders constituting the majority of the plan quantity upon issuance of the Notice to Proceed. The Contractor shall also satisfy commencement of work within fifteen (15) working days upon the issuance of subsequent work orders. I I I I I I I I 7 Special Conditions C2-2 City of Fayetteville Sewer System Improvements I 1 SUBMITTAL RECORD ' SUBMIT TO RJN GROUP, INC. ' SUBMITTED BY • ACTION TAKEN W H m W • V m W > 0 IS mm h o z W » W W W I' O ; m O 1 Z W_ W W W h �e Q 7 O a wO W a i Is II • m < VJ O O¢ > O 2 • e W u W m I ¢ W C 40 ` Q W — O ~ W e w2 H a O W m ' O J Jw W W J I` c = e OVG. NO. • a DISTRIBUTION BY FILE COPY (I) SUBCONTRACTOR (1) i c e ► BY ' A C DISTRIBUTION BY RJN GROUP, INC. FILE COPY (I) RJN/FIELD (I) RJN/ (I) ' BY RE: n ._. JOB .::. CM s BM. NO. 0. 3M. FIv. NO. SPECIFICATION DInl� GUNTRACTOR PROJECT NO• FILE NO. RJN GROUP, INC. CONTRACT DRAWING NOS. TEL. QUANTITY ROUTING DATE SENT DATE RECEIVED SEPIA PRINT DATA MS EM ....... .. .......... .................. DATED I SUP►UER REMARKS DESCRti?I0N THESE ARE SUBMITTED AS CHECKED BELOW: ❑ FOR REVIEW Cl RETURN. 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OWNER: PROJECT NAME: 1 LOCATION: PROJECT NO. CONTRACTOR: DATE: I. DESCRIPTION OF CHANGES INVOLVED: IThe following changes are hereby made to the Contract Documents: 1 ***For each item, describe the change, the reason for the change, and indicate the adjustment to the Contract Price and the Contract Time.*** 1 1 1 1 I 1 I. 1 1 Change Order City of Fayetteville 1 Sanitary Sewer Improvements I SHEET OF. CHANGE ORDER NO. II. CHANGE ORDER CONDITIONS: 1. Any additional work to be.performed under this Change Order shall be carried out in compliance with the Specifications included in the preceding Description of Changes involved, with the Supplemental Contract Drawings designated as and under the provisions of the Original Contract, including compliance with applicable Equipment Specifications, General Specifications, and Project Specifications for the same type of work. 2. This Change Order unless otherwise provided herein does not relieve the Contractor from strict compliance with the guarantee provisions of the Original Contract, particularly with those pertaining to performance and operation of equipment. 3. Contractor agrees there will be no additional extensions of contract time and no additional increase in Contract Price granted for this Change Order or any previous Change Orders. 4. The Contractor, expressly agrees that he will place under coverage of his Performance, Labor and Material, and Maintenance Bonds and Contractor's Insurance all Work covered by this Change Order. The Contractor will furnish to the Owner evidence of increased coverage of his Performance, Labor and Material, and Maintenance Bonds for the accrued value of all Change Orders which exceeds the Original Contract Price by twenty percent (20%). III. ADJUSTMENTS IN CONTRACT TIME 1. Final Completion Date of Original Contract 2. Net, change due to all previous Change Order . . . . . . . Days 3. Final Completion Date not including this Change Order No. . . . . . . . . . 4. Addition to Contract Time due this Change Order No. a. Avoidable Delay Extension. . b. Unavoidable Delay Extension. 5. Final Completion Date including this Change Order No. _ . . . . . . Days Days I I I I I I Change Order 2 City of Fayetteville Sanitary Sewer Improvements SHEET OF CHANGE ORDER NO. IV. ADJUSTMENTS IN AMOUNT OF CONTRACT: 1. Amount of Original Contract $ 2. Net (Addition) (Reduction) due to all previous Change Orders Nos. to $ 3. Amount of Contract not including this Change Order $ 4. (Addition) (Reduction to Contract due to this Change Order 5. Amount of Contract including this Change Order RECOMMENDED FOR ACCEPTANCE: ( ) (For RAIN Group, Inc.) Date ACCEPTED: CONTRACTOR: By: ( ) Signature of Authorized Representative Date OWNER: By: ( ) Signature of Authorized Representative Date Change Order City of Fayetteville 3 Sanitary Sewer Improvements TABLE OF CONTENTS FOR PART D -SPECIAL CONDITIONS DIVISION 1 GENERAL REQUIREMENTS Section Subiect D1-1 SUMMARY OF WORK D1-2 CUTTING AND PATCHING D1-3 SUBMITTALS D1-4 MATERIAL AND PERFORMANCE TESTING D1-5 CONTROL OF CONSTRUCTION SITE D1-6 MEASUREMENT AND PAYMENT D1-7 MANHOLE TESTING D1-8 SANITARY SEWER REPAIR TESTING D1-9 SANITARY SEWER CONSTRUCTION TESTING D1-10 TRENCH SAFETY SYSTEM *This Section not included in this Contract. D1-1 SUMMARY OF WORK A. General Ii. The Plans, Special Conditions and Provisions Documents, and the rules, regulations, requirements, instructions, drawings or details referred to by manufacturer's name, ' number or identification included therein as specifying, referring or implying product control, performance, quality, or other shall be binding upon the Contractor. The specifications and drawings shall be considered cooperative; therefore, work or material called for by one and not shown or mentioned in the other shall be accomplished or furnished in a faithful manner as though required by all. The order of precedence in case of conflicts or ' discrepancies between various parts of the Contract Documents subject to the ruling of the Engineer shall generally, but not necessarily, follow the guidelines listed below: 1. Plans 2. Contract Documents ' 3. Arkansas State Highway and Transportation Department Specifications ' The following special conditions shall be applicable to this project and shall be given over any conflicts with the Contract Documents under the provisions stated above. 2. Work Covered By Contract The work to be performed is generally described in the Invitation to Bid and indicated in the Contract Documents. 3. Contractor's Duties a. Except as specifically noted, provide and pay for: ' 1) Labor, materials, and equipment. ' 2) Tools, construction equipment, and machinery. 3) Samples, shipping costs, and tests. 4) Necessary utilities; such as water supply, electrical power, telephones, roads, fences, and sanitary facilities, including maintenance thereof. D1 -1(l) City of Fayetteville Sewer System Improvements I 5) Other facilities and services necessary for proper execution and completion of work. b. Perform all the work described in these General Requirements except where specifically indicated to be done by others. c. Pay.legally required patent fees, sales, consumer, and use taxes. d. Secure and pay for legally required permits, ' licenses, and government fees. e. Give required notices. f. Employ workmen and foremen with sufficient - knowledge, skill, and experience to perform the work assigned to them. g. Comply with codes, laws, ordinances, rules, regulations, orders, and other legal requirements of public authorities bearing on the conduct of the work. h. Submit written notice to Owner's Representative of observed variance of Contract Documents from legal requirements. Any necessary changes will be adjusted as provided in the Contract for changes in the work. i. Enforce discipline and good order among Contractor and subcontractor employees. Any person employed by Contractor or subcontractors who does not perform his work in a skillful manner, is incompetent, or. acts in a disorderly or intemperate manner shall, at the written request of Owner, be removed from the project immediately and shall not be employed in any portion, of the work without the approval of Owner. j. Provide at all times facilities for access and inspection of the work by representatives of Owner and by official governmental agencies designated by Owner as having the right to inspect the work. k. Cooperate with other contractors who may be performing work of Owner, and with Owner's employees working in the vicinity of the work done under the Contract. 1. Submit shop drawings on all materials and equipment to be installed on the project. L I 11 City of Fayetteville D1-1(2) Sewer-Svstem Improvements I I J I I [1 4. 5. m. The labor classification and minimum wage rates herein were established pursuant to the Arkansas Prevailing Wage Law and shall govern on all work performed by the Contractor or any Sub -contractor on the site of the project covered by these contract documents. At a minimum, the prevailing hourly rate of wages included within these documents shall be paid to all workers performing work under the contract. The scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Contractor's Use of Premises a. Confine operations at site to areas permitted by law, ordinances, permits, and the Contract Documents. b. Do not load or permit any part of a structure to be subjected to any force that will endanger its safety. c. Comply with and enforce Owner's instructions regarding signs, advertisements, fires, and smoke. d. Assume responsibility for protection and safekeeping of products stored on premises. e. Do not discharge smoke, dust, or other contaminants into the atmosphere, or fluids or materials into any waterway as will violate regulations of any legally constituted authority. f. Move stored products which interfere with the operations of Owner or other Contractors. g. Obtain and pay for additional storage or work areas needed for operations. h. No alcohol shall be consumed on the site. i. Existing Manhole Steps The steps of the existing manholes can not be guaranteed for safety, therefore, Contractor shall provide all necessary equipment to assure safe access and a safe working environment inside the manhole. Existing Facilities a. The existing facilities will be in continuous operation during the construction period. I D1-1(3) City of Fayetteville Sewer System Improvements I b. Plan and conduct construction operations to avoid disturbing existing structures, piping, equipment, and services in any manner which will interrupt or impair operations, except as approved by Owners Representative. c. Submit for approval a construction sequence, and written explanations of the temporary facilities and appurtenances intended to be used in maintaining the uninterrupted operation of the existing sanitary sewer system and any other affected utilities. 6. Sequence of Construction a. The Contractor shall contact property owners 48 hours in advance describing the work to be performed on private property prior to any construction or. rehabilitation work on that property. b. The Contractor shall perform exploratory excavations as directed by the Engineer prior to replacement sewer construction. The purpose of the exploratory excavations is to allow the Contractor to verify the invert elevations of existing utilities which were calculated during design. Accordingly, elevations and locations will be verified by the Contractor prior to ordering any materials or performing any work. c. The Contractor shall schedule the work to start at the downstream end of new relief lines and work toward the upstream end. No work will be permitted • on the upstream end of relief lines until relief lines required downstream have been installed without written authorization from Owner's • Representative. d. Sanitary sewer line spot repairs and sanitary relief sewers or replacement sewers shall be scheduled together for construction when in the same immediate vicinity. e. Excavation work shall be performed in an orderly manner so that all excavation work is completed in an area before moving to another area unless authorization is given by the Engineer or Owner. f. Prior to final surface restoration, the Contractor shall insure that all testing has been completed and reviewed by the Engineer. g. The Contractor shall submit to the Engineer each night the next days proposed activities. h. The Contractor shall submit a weekly schedule on each Thursday for the next week's construction activities. City of Fayetteville D1-1(4) Sewer System Improvements I I I I I 1 k II F I Ii. A revised monthly progress schedule shall be submitted with each payment request. • j. The Contractor shall maintain flow in the existing sanitary sewer lines until all connections have been made to the proposed system. All connections to existing manholes shall be considered a non -pay 'item. k. The City shall not reimburse the Contractor for any ' water used to perform the work as required in the contract. 1. The Contractor shall provide all sanitary sewer bypasses as required to perform the work as specified in the Contract Documents as a non -pay item. m. The Contractor shall preserve all trees, shrubs, sprinkler systems, fences, and other property owner I improvements located within the limits of the construction. The removal and/or replacement of the said property owner improvements by the Contractor shall be considered as a non -pay item unless noted otherwise. n. All local residents who will be denied access to ' their driveways shall be notified by the Contractor two (2) working days prior to the closure of their access. ' o. All driveways which are open cut shall have at least a temporary riding surface at the end of each day and will be considered a non -pay item. p. Project signs shall be required in accordance with the Supplementary Conditions, and shall be ' considered a non -pay item. q. Clay dams or concrete dams (1500 psi minimum) (see detail sheet of the Drawings) shall be constructed at locations as noted on the drawings or as directed by the Engineer. Compensation for furnishing all material and installation and incidental and all appurtenant work shall be included in the Contract unit price for each dam constructed as indicated in the proposal. 1 I 1 D1-1(5) City of Fayetteville Sewer System Improvements 7. Abbreviations The following abbreviations as used in the Contract Documents have the listed meanings: A. . . . . . ampere AASHTO . . . . American Association of State Highway and Transportation Officials ACI . . . . . American Concrete Institute ANSI . . . . . American National Standards Institute AREA . . . . . American Railroad Engineers Association ASTM . . . . . American Society for Testing and Materials AWWA . . . . . American Water Works Association Bil . . . . . basic impulse insulation level SOD . . ... . biochemical oxygen demand btu . . . . . British Thermal Unit C . . . . . . degrees Celsius cc . . . . . . cubic centimeter cf . cubic foot cfm . . . . . cubic feet per minute CO . . . . . . Company conc . . . . . concrete Corp .. . . . Corporation CRSI . . . . . Concrete Reinforcing Steel Institute cu cubic cy. . . . . . . cubic yard F . .. . . . . degrees Fahrenheit FIA . . . . . Factory. Insurance Association FM . . . . . . Factory Mutual fpm . . . . . feet per minute fps . . . . . feet per second ft . . . . . .feet FS . . . . Federal Specifications g. . . . . . gram ga . . . . . . gauge gal . . . . . gallon gpd . . . . . gallons per day gpm . . . . . gallons per minute H -O -A . . . . Hand -off -automatic h hour HP . . . . . . horsepower hz . . . . . . hertz IEEE . . . . . Institute of Electrical and Electronic Engineers Inc. . . . . . Incorporated L . . . . . . Liter lb . . . . . . pound lbs . . . . . pounds City of Fayetteville D1-1(6) Sewer System Improvements max . . . . . maximum min . . . . . minimum mg/L . . . . . milligrams per liter mgd . . . . . million gallons per day mm . . . . . . millimeter MS . . . . . . Military Specifications NBBPVI . . . . National Board of Boiler and Pressure Vessel Inspectors NBS . . . . . National Bureau of Standards NEC . . . . . National Electrical Code NEMA . . . . . National Electrical Manufacturers Association NFPA . . . . . National Fire Protection Association no . . . . . . number OSHA . . . . . Occupational Safety and Health Administration ppm . . . . . parts per million psf . . . . . pounds per square foot psi . . . . . pounds per square inch gauge pvc . . . . . polyvinyl chloride SDHPT sf . . sq . . SSPC . . . . . sy . . . . . Arkansas State Department of Highways and Public Transportation square feet square Steel Structural Painting Counsel square yard V . . . . . . volt UL . . . . . . Underwriters Laboratory U.S. . . . . . United States END OF SECTION D1-1 D1-1(7) City of Fayetteville Sewer System Improvements Ii I A I I D1-2 CUTTING AND PATCHING General 1. Description a. Cutting and patching shall include the cutting (including excavation), fitting, or patching necessary to: 1) Remove and replace defective work. 2) Remove and replace work not conforming to the Contract Documents. 3) Remove samples of completed work for specified testing. 4) Install specified work in existing construction. 5) Inspection of covered work. 6) Obtaining samples of completed work for testing. 1 7) Alteration of completed work. b. Work performed by another Contractor shall not be cut or altered without written consent of Owner's ' Representative. 2. Submittals ' a. Before doing any cutting submit a written notice to Owner's Representative requesting consent, ' including: 1) Description of affected work. 2) Necessity for cutting. 3) Scope of cutting and patching. ' 4) Trades and products to be used and extent of refinishing. ' b. Prior to doing cutting and patching identified in writing by Owner's Representative as additional work, submit a cost estimate. c. Notify Owner's Representative when work is to be performed. D1-2(1) City of Fayetteville Sewer System Improvements B. Materials Materials used for replacement of work removed shall comply with the Specifications for the type of work to be done. C. Execution 1.Provide shoring, bracing, and support as necessary to maintain structural integrity of the project and to conform with all safety requirements established by law. 2. Protect adjacent portions of work and existing facilities from damage due to cutting and patching operations. 3. Execute excavating and backfilling as specified. 4. Restore work which has been cut or removed. Install new products to provide completed work meeting all requirements of the Contract Documents. 5. Refinish entire surfaces as necessary to provide an even and uniform finish. D. Measurement and Payment Cutting and patching required to perform the work will not be measured nor paid for separately. The cost shall be included in the Contract Price for the items of work that require cutting and patching. END OF SECTION D1-2 II City of Fayetteville D1-2(2) Sewer System Improvements I A. FP Li D1-3 SUBMITTALS 1. Prepare a detailed progress schedule in graphic form showing proposed dates of starting and completing each major division of the work, monthly completion percentages, and anticipated monthly payment requests. 2. The schedule shall be consistent with the time and order of work requirements of the Specifications, and shall be the basis of Contractor's operations. 3. A condensed critical path method schedule is preferred but another practicable form of presentation will be acceptable. 4. Submit three copies to Engineer within 10 days after the effective date of Award. 5. At the end of every pay request period, submit a revised schedule showing the current status of the work as compared to the projected status. The current application for a progress payment will not be processed until the revised schedule is delivered to Engineer. 1. Shop Drawings, Project Data, and Samples a. General Submit to Owner's Representative shop drawings, project data, and samples required by the Specifications. b. Shop Drawings 1) Shop drawings are original drawings prepared by the Contractor, subcontractors, suppliers, or distributors which illustrate some portion of the work and show fabrication, layout, setting, or erection details of equipment, materials, and components. 2) Unless otherwise instructed, submit to Owner's Representative for review and approval three prints of each plan or two prints and one reproducible sepia or reproducible on vellum. Owner Representative will return with review comments one print or one reproducible. I D1-3(1) City of Fayetteville Sewer System Improvements I C. d 3) Shop drawings shall be 8-1/2 by 11 inches, 8-1/2 by 14 inches or standard size plans, or as directed by Owner Representative, and shall be clearly identified as to location of the equipment, material, and apparatus in the work. 4) Fold drawings to an approximate size of 8-1/2 by 11 inches in such a manner that the title block will be located in the lower right hand corner of the exposed surface. Roll, do not fold, reproducible copies of drawings. 5) Furnish Owner Representative, as requested, without extra charge, the number of complete sets of prints of shop drawings as owner Representative shall request for office files and for use in the field. Project Data 1) Project data are manufacturers' standard schematic drawings, catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, parts lists and other standard descriptive data. 2) Modify drawings to delete information not applicable and to add information applicable to the project. 3) Mark copies of printed material to identify pertinent materials, products, or models. 4) Show dimensions and clearances required, performance characteristics and capacities, and wiring diagrams and controls. 5) Submittal procedures shall be the same as for shop drawings. Samples 1) Samples are examples to illustrate materials, equipment, or workmanship, and to establish standards by which completed work is judged. 2) Samples submitted shall be of sufficient size and quantity to illustrate functional characteristics of product or material and full range of colors available. 3) Field samples and mock-ups when required by the specifications shall be erected at the project site where directed. I I I I Li I El II I II Li TI City of Fayetteville D1-3(2) Sewer System Improvements I I e. Contractor Responsibilities 1) Review and approve shop drawings, project data, and samples before submitting them. 2) Verify field measurements, field construction criteria, catalog numbers, and similar data. 3) Coordinate each submittal with the requirements of the Contract Documents. 4) Submit shop drawings for major equipment items in one package to permit checking complete installation details. 5) In a clear space above the title block, or on the back, hand stamp the following, and enter the required information: Name of Owner - City of Fayetteville Project Name - Sanitary Sewer Main Rehabilitation White River Watershed and Illinois River Watershed Minisystems 13B 15 & 18B/C Basins 10,12, 20, & 21 Date Identification Contract Drawing No. Specification Section This document has been checked for accuracy of content and for compliance with the Contract Documents and is hereby approved. The information contained herein has been coordinated with all involved Contractors. Contractor ' Signed ' 6) Contractor's responsibility for errors, omissions,and deviations from requirements of the Contract Documents in submittals is not relieved by Owner's Representative's review. 7) Notify Owner's Representative, in writing at ' time of submittal, of deviations in submittals from requirements of the Contract Documents. D1-3(3) City of Fayetteville Sewer System Improvements I 8) Do not install materials or equipment which require submittals until the submittals are returned with Owner's Representative's stamp and initials or signature indicating review. 9) Revise returned shop drawings as required and resubmit until final approval is obtained. Indicate on the drawings any changes which have been made other than those requested by Owner's Representative. 10) Submit new project data and samples when the initial submittal is returned disapproved. 11) No claim will be allowed for damages or extension of time because of delays in the work resulting from rejection of material or from revision and resubmittal of shop drawings, project data, or samples. f. Owners Representative's Duties 1) Owner's Representative will review submittals for compliance with the Contract Documents and with the design concept of the project. 2) Review. of a separate item does not constitute acceptance of an assembly in which the item functions. 3) Owner's Representative will affix a stamp to the returned copy of each submittal.. The stamp will be marked to indicate "Furnish as Submitted", "Furnish as Corrected", "Rejected", or "No Review Required". The stamp will be initialed or signed certifying the submittal review. 2. Video Tape Recordings of Surface Conditions a. Video tape recordings of surface conditions shall be provided for all relief sewers,replacement sewers, and sewer point repairs. b. The following information shall be provided on color audio -video tape recording. 1) Audio: Each recording shall begin with a verbal description of the current date, project name and municipality and be followed by the general location, i.e., name of the street, viewing side and direction of progress. I I I I I H I II C II Li L L I I I City of Fayetteville D1-3(4) Sewer System Improvements I 1 I I I I I I I I I I I I I I 1 2) Video: Transparent information must appear on the viewing screen. This information will consist of the date and time of recording. The data information will contain the month, day and year. 3) Digital: To preclude the possibility of tampering or editing in any manner, all video recordings must, by electronic means, display continuously and simultaneously generated transparent digital information to include the date and time of recording. The date information will contain the month, day and year. c. The taped coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio description. Audio description shall be made simultaneously with video coverage. Such coverage shall include, but not be limited to, all existing driveways, sidewalks, fences, curbs, ditches, roadways, landscaping, trees, culverts, headwalls, retaining walls, or buildings located within such zone of influence. Particular and detailed attention shall be given to any defects noted, such as cracks, disturbed areas, damaged items, or as may be required by the Engineer. It is the intent of this coverage to accurately and clearly document pre-existing conditions and especially any items that could result in construction claims. The excavation areas shall be physically marked with high visibility fluorescent paint prior to video taping. The markings shall include the job number and stationing. d. The zone of influence shall be. defined as an area within 30 feet of the proposed work, and an additional 20 feet of supplemental coverage shall be provided in residential areas. e. The Contractor shall be able to televise and tape areas with paved roads, along co -owned easements through parks, lawns, and open fields. If video taping on private property, the Contractor shall give the Owner sufficient prior notice of such entry so that property owners may be advised of and their permission obtained for the work. f. To produce the proper detail and perspective, adequate lighting will be required to fill in the shadow area caused by trees, utility poles, road signs and other such objects in residential areas or as directed by the Engineer. I D1-3(5) City of Fayetteville Sewer System Improvements I g. Houses and buildings shall be identified visually by house number, when visible, in such a manner that structures of the proposed system, i.e., manholes on a sewer system and hydrants on a water system, can be located by reference. h. The rate of speed in the general direction of travel of the conveyance used during taping shall not exceed 48 feet per minute in residential areas, nor exceed 100 feet per minute in non-residential areas. Panning rates and zoom -in, zoom -out rates shall be controlled sufficiently such that during playback will produce clarity of the object viewed. The playback picture shall be in focus and be of extreme clarity at all times. i. All taping shall be done during times of good visibility. No taping shall be done during periods of visible precipitation, or when more than 10% of the ground, area is covered with snow, unless otherwise authorized by the Engineer. j. The Owner shall have the authority to designate what areas may be omitted or added for audio -video coverage. L I I I I I I I k. All tapes (cassettes and cases) shall be properly identified by tape number, location and project name and municipality in a manner acceptable to the Owner. 1. A record of the contents of each tape shall be supplied by a run sheet identifying each segment in the tape by location, i.e.,,roll number, street or road viewing, tape counter number, viewing side, point starting from, traveling direction and ending destination point. m. Conventional wheeled vehicles can not be used. n. Audio -video VHS tape, 3M T60 broadcast type or equivalent tapes shall be one-half inch (1/2") color video -cassette player/recorder. An effort should be made to utilize the same recorder that would be required for review of the sewer line televising. o. Video output from camera(s) used must be capable of producing NTSC-525 lines/60 fields. Resolution shall have a minimum 260 TV lines at center, for optimum color imagery and minimum lag through ten (10) foot candles, with Geometric Distortion not to exceed 1.5% of Picture Height at any point in picture area. I I I LI I I I City of Fayetteville D1-3(6) Sewer System Improvements p. The equipment shall be capable of a minimum of 240 lines horizontal resolution. Camera shall have character/time generators: VCR shall be General Mitsubishi Model CS -1903 recorder/tuner, with adapter, connecter plugs, and still frame capability. q. Any portion of the video tape recording not conforming to specifications shall be rejected. r. Any taped coverage not acceptable to the Owner shall be refilmed at no additional charge. The Contractor shall reschedule unacceptable coverage five (5) days after being notified. s. All taping shall be performed by Contractor and reviewed prior to construction. t. One original and two copies are to be provided. Original to Owner, one copy to Engineer, and one copy to Contractor. 3 12 Final Inspections a. Notify Owner in writing when project, or designated portion of project, is substantially complete. b. Owner's Representative will make an inspection of the substantially completed work, and prepare and submit to contractor a list of items to be completed or corrected. c. Take immediate steps to remedy the listed deficiencies, and notify Owner in writing that the project is complete and ready for final inspection. d. Owner's Representative will make a final inspection and, if he considers the work is complete, he will notify Owner that the work is ready for final acceptance. Closeout Submittals a. Special guarantees and bonds. b. Certificates of inspection required by laws and ordinances for mechanical and electrical work, and any other legally required inspections. c. Contractor's Waiver of Liens. d. Separate Waivers of Lien for subcontractors, suppliers, and others with lien rights against property of Owner. e. Final payment estimate. D1-3(7) City of Fayetteville Sewer System Improvements I 5. Work Schedule I a. Prepare a detailed weekly work schedule and submit the schedule to the Owner's Representative on the Thursday before the schedule is to take effect. b. Contractor shall update the weekly work schedule on a daily basis so to advise the Owner's Representative where and on what the Contractor will be working. c. Work schedule shall include,but not be limited to, a listing of' job numbers and manholes that will be worked on a daily basis and a brief description of the type of work to take place. 6. Safety Plan Contractor shall submit, before commencing work, his safety plan. This plan shall, at a minimum, address: General Job Safety, Confined Space Entry, and Trench Safety. C. Measurement and Payment Payment will be at the contract lump sum price for Documentation which price shall include all labor, and materials necessary to complete the work. No Contract Prices are established for Submittals. END OF SECTION D1-3 Video equipment, other 1I L C L I City of Fayetteville D1-3(8) Sewer System Improvements D1-4 MATERIAL AND PERFORMANCE TESTING A. General 1. Scope a. Perform the inspections and tests required by the Specifications. b. Provide product certification as required by the Specifications. c. Neither observations by Owner's Representative, nor inspections, tests, or approvals by other than Contractor, shall relieve Contractor from his obligation to perform the work in accordance with the requirements of the Contract Documents. 2. Testing Laboratory Services a. Employ the services of an independent testing laboratory to perform specified services. b. Obtain approval of Owner before employing laboratory. c. Laboratory shall meet "Recommended Requirements for Independent Laboratory Qualification" published by the American Council of Independent Laboratories. d. Laboratory shall meet basic requirements of ASTM E329, "Standards of Recommended Practice for Inspection and Testing Agencies for Concrete and Steel as Used in Construction". 3. Laboratory Duties a. Perform specified tests and services. b. Comply with specified standards, ASTM, other recognized authorities, and as specified. C. Ascertain compliance with requirements of Contract Documents and so note in writing on all reports. d. Promptly notify Contractor of i observed during e. Promptly submit inspections and Owner's Representative and rregularities or deficiencies of work performance of services. three copies of reports of tests to Owner's Representative. D1-4(1) City of Fayetteville Sewer System Improvements f. Include in the reports, the date, project title, number, name and signature of inspector, date of inspection or sample, record of temperature and weather, date of test, identification of product and Specification Section, location in project, type of test, and observations regarding compliance with requirements. 4. Contractor's Responsibilities a. Cooperate with laboratory personnel. b. Provide laboratory with samples of materials to be tested in required quantities. c. Furnish to the Owner's Representative three copies of test results. d. Provide facilities for storage and curing of test samples. e. Notify Owner's Representative sufficiently in advance of time and place of tests to be made at point of manufacture, assembly,, or fabrication to permit Owner's Representative to witness tests if he so desires. B. Measurement and Payment No Contract Prices are established for Material and Performance Testing with the exception of compaction test as set forth in Section D2-10. END OF SECTION D1-4 City of Fayetteville D1-4(2) Sewer System Improvements I D1-5 CONTROL OF CONSTRUCTION SITE ' A. General ' 1. Removal of Debris Keep the work sites free from accumulating waste ' materials and rubbish caused by his work or employees. All materials and equipment required on the site shall be kept in such a manner so as to cause a minimum of inconvenience and nuisance to other Contractors and the general public. The site shall be kept broom clean. 2. Traffic Control ' a. Contractor shall, at all times, conduct the work in such a manner as to insure least obstruction to ' vehicular and pedestrian traffic while paying particular attention to avoid inconvenience in hospital and school zones. Notify Owner's ' Representative at least three work days in advance of starting any construction work which might inconvenience or endanger traffic. A minimum of one lane shall be open to traffic at all times. Ib. Submit a traffic control plan to Owner, Owner's Representative, and appropriate highway official ' three days prior to closing any road. Contractor shall inform police, fire, public works, and bus service companies on the day of closure. ' c. When any section or portion of road is closed to traffic, provide, erect, and maintain barricades, red flags, detour signs, and torches or lights at ' each end of the closed section, at all intersecting roads, and at all locations shown on the plans, in accordance with the Arkansas Highway and ' Transportation Department Standards. d. Contractor shall provide a sequencing arrow panel when performing construction on heavily traveled ' roads and streets. The sign panel shall consist of a minimum of 22 amber lamps. The lamps shall be divided into two groups of three arrowheads each ' with arrowheads of each group aligned or behind the other laterally and the arrowheads of separate groups being opposed. C ' City of Fayetteville Sewer System Improvements r e. Replace any traffic sign or post which has been damaged or removed because of the contractor's operations. f. Contractor shall provide access to private property Driveways, sidewalks, and alleys shall not be blocked for periods greater than two hours. 3. Fencing shall be placed around open excavation or trenches at the.end of a day in a manner acceptable to the Owner's Representative and the Owner. Fencing and placement of same shall meet the approval of the Owner's Representative. 4. Equipment Operation a. Where the Contractor's equipment is operated on any portion of a traveled surface or structures used by traffic on or adjacent to the section under construction, the Contractor shall clean the traveled surface of all dirt and debris at the end of each days operations. The cost of this work shall be includedin the unit price bid and no additional compensation will be allowed. b. Protect traveled surfaces and structures on or adjacent to the work, in a manner satisfactory to the Owner's Representative, from damage by lugs or cleats or, equipment. Walking of tracked -rolled equipment directly on paved streets, driveways, curbs, or sidewalks shall not be allowed. c. Equipment used in the performance of the work shall comply with legal loading limits established by the statutes of State or local regulations when moved over or operated on any traveled surface or structure unless permission in writing has been issued by the Owner's Representative. Before using any equipment which may exceed the legal loading, the Contractor shall secure a permit, allowing ample time for an analysis of stresses to determine whether or not the proposed loading is within safe limits. The Owner will not be responsible for any delay in construction operations or for any costs incurred by the Contractor as a result of compliance with the above requirements. r I I J I I L r C L I [I 1I City of Fayetteville D1-5(2) Sewer System Improvements I 5. Utilities a. The Contractor shall notify public and private ' utility companies which may have overhead or underground facilities in the area at least 48 hours before construction begins. Contractor must call Arkansas One -Call at 1-800-482-8998 for locating • utilities. This is in accordance with State of • Arkansas Act 600 Chapter 271, Underground facilities Damage Prevention. The Contractor shall make ' necessary arrangements for having these companies to locate, protect, brace or move their facilities as may be necessary for construction of the improvements. Costs incurred due to the moving, bracing, or protection of utilities or in satisfying the requirements of the utility companies shall be incidental to the cost of the proposed improvement. b. The Contractor shall proceed with caution with excavation operations so that the exact location of underground utilities and structures, both known and unknown, may be determined. The Contractor shall take all reasonable precautions against damage to the utility or structure. However, in the event of ' a break in an existing utility, he shall immediately notify a responsible official from the organization operating the utility. The Contractor shall lend ' all possible assistance in restoring service, and shall assume all costs connected with the repair of any damaged utility. ' c. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or ' relocated positions and that no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any ' interference from the said utility appurtenances or the operation of moving them either by the utility companies or by him; or on account of any special construction methods required in prosecuting his work due to the existence of said appurtenances either in their present or relocated positions. ' 6. Accident Reporting a. Notification Accidents occurring on the job which damage public or private property, or result in injury to workers or other persons, shall be promptly reported to the Police Department. 1 D1-5(3) City of Fayetteville ' Sewer System Improvements B. Utilities Accidents involving utilities shall also be reported to the Police Department. This applies to all accidents,, including, but not, limited to, traffic accidents, broken pipe lines, power and telephone facilities and damage to adjacent properties. 7. Confined Space Entry The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CRF Part 1910, Permit -Required Confined Spaces for General Industry shall be the minimum governing requirements for confined space entry. Said standards are included at the end of this section. No Contract Prices are established for Control of Construction Site. END OF SECTION D1-5 City of Fayetteville D1-5(4) Sewer System Improvements Thursday January 14, 1993 Part II Department- of Labor Occupational Safety and Health Administration 29 CFA Parts 1910 Permit -Required Confined Spaces for General Industry; Final Rule Federal Register I Vol. 58, No. 9 / Tbunday, January 14, 1993 / Rules and Regulations 4549 I t J fl IJ I I II I I I I I I rJ I Found in Reports of OSHA Fa W Ityl Catasc-ophr tnsatigatfons", Wubington, D.G, JWy I9E5 ft,.. 13-15). 4. U.S. Depabent of Labor. O.'upatfonal Sa.4ty and Hralih Adnielsrntloo. Durcto+ele of Technical Support. "Selected Oavpetiooal Pnalities Related to Fie and/ or Exploiion In Confined Work Spaces as Found to Reports of OSHA Fatality/ Catastrophe Ltvestigaliont', Washington. D.G. April 1982 (Fs. 13-10). S. OSHA Integrated Managemeol Informatloo System, Fatellty/Catasnopbe Database. OSHA OILu of Management Data Systems. Vll. Federalism much safety as poulble using varying methods consonant with conditions In each state. In short, them Is a clew national problem related to oaupetJonal safety and health concerning entry into coo fined spaces. Those Rates which elect to participate under the statute would not be preempted by this regulation and would be able to address special. local conditions within the framework provided by this performance -oriented standard. OSHA notes that California, Kentucky, Maryland, Michigan. New This regulation bas been rev awed in Jersey, and Virginia currently have regulations dealing with confined space accordance with Executive Order 12612 entry. Of these six stale regulations, reoardicg Federalism. This order none would be preempted. New Jersey requires that agencies, to the extent Is not a state -plan state, but their possible, refrain from limiting state confined space standard applies only to policy options and consult with states public (state end local government) prior to taking any action. Agencies may employees. An analysis of scats act only when there Is clear confined space rules and procedures is constitutional authority and the contained in Section Vi, Summary of presence of a problem of national scope. the Final Regulatory impact Analysis The order provides for preemption of and Regulatory Fle�dbility Analysis, state law only if there is a dear earlier in this preamble. congressional intent for the Agency to do so. Any such preemption is to be limited to the extent possible. Section 18 of the Occupational Safety and Health Act of 1970 expresses Congress' dear intent to preempt state laws relating to Issues on which Federal OSHA has promulgated occupational safety and health standards. Under the OSH Ad, a state can avoid preemption only if ft submits, and obtains Federal approval of. a plan for the development of such standards and their enforcement.Occupational safety and health standards developed by such Plan -States must, among other things, be at least as effective in providing safe and healthful employment and places of employment as Federal Standards. Where such standards are applicable to products distributed or used in interstate commerce, they may not unduly burden commerce and must be Justified by compelling local conditions (See Section 16(cR2) of the OSH Act). This regulation Is drafted so that employees in every state would be protected by general. performance - oriented standards. To the extent that there are state or regional peculiarities caused by the terrain, the climate or other factors, states would be able, under the OSH Act, to develop their own state standards to deal with any special problems. And, under the Act, if a state develops an approved state program. It could make additional requirements in Its standards Moreover. the performance nature of this standard, of and by itself, allows for flexibility by states and employers to provide as VIII. State Plan States The 25 states and territories with their own OSHA -.approved occupational safety and health plans must adopt a comparable standard within six months of the publication date of this final standard. These 25 states are: Alaska, Arizona, California, Connecticut (for state and local government employees only). Hawaii, Indiana, Iowa, Kentucky, Maryland. Michigan, Minnesota. Nevada, New Mexico, New York (for stale and local government employees only), North Carolina, Oregon, Puerto Rico, South Carolina, Tennessee, Utah, Vermont, Virginia. Virgin Islands, Washington and Wyoming. Until such time ass state standard Is promulgated. Federal OSHA will provide Interim enforcement assistance, as appropriate. In these slates. Us! of Subjects In 29 CFR Part 1910 Attendant. Confined Spaces. Entry permit system. Hazardous atmo6pheres. Hazardous materials. incorporation by reference, Monitoring, Occupational safety and health, Permits, Personal protective equipment. Rescue equipment, Respiratory protedioa, Retrieval lines, Safely, Signs, Tegs, Tools, Welding. IX. Authority This document was prepared under the direction of Dorothy L Stnlnk, Acting Assistant Seat ary of Labor for Occupational Safety and Health, U.S. Department of labor, 200 Constitution Avenue. N.W., Washington. D.C. 20210. Accordingly, pursuant to sections 6(b) and a of the OccupaUonel Safety and Health Act of 1970 (29 U.S.C. 655, 657), Seoetary of Labor's Order No. 1-cO (55 FR 9033), and 29 CYR Part 1911, Title 29, mater XVD. of the Code of Federal Regulations Is amended as follows. Signed at WuhIAgloo, DG, this 6th day of January. 1993. Damthy L Strunk Acting As tistonf Secretaryof Labor PART 1910 —OCCUPATIONAL SAFETY AND HEALTH STANDARDS 1. The authority citation for Subpart J of Part 1910 is revised to read as follows: au o sir: Seca 1.6. and 8.OszuppUonal Safety and Health Act of 1970,29 USC 653, 655. 657; Secretary of Labor's Order No. 12- 71 (38 FR 8754), 8-76(41 FR 25059). 1-83 (48 FR 35736) or 2-40(55 FR 9033), as applicable. Sections 1910.141,1910.142,1910.145, 1910.146, and 191a147 also issued under 29 0R Part 1911. 2. Section 1910.146 is added to read as follows: §1910.146 PernJFcequbtd eonfned apaua. (a) Scope and application. This section contains requirements for practices and procedures to protect employees in general industry from the hazards of entry into permit -required confined spates. This section does not apply to agriculture, to construction, or to shipyard employment (Parts 1928, 1926, and 1915 of this chapter. respectively). (b) Definitions. Acceptable entry conditions means the conditions that must exist Ins permit space to allow entry and to ensure that employees involved with a permit -required confined space entry can safely enter Into and work within the space. Attendant means an individual stationed outside one or more permit spaces who monitors the authorized entrants and who performs all attendant's duties assigned in the employer's permit space program. Authorized entrant means an employee who is authorized by the employer to enter a permit space. Blanking or blinding means the absolute closure oft pipe, (One, or dud by the fastening oft solid plate (such as a spectacle blind or a skillet blind) that completely covers the bore and that is capable of withstanding the maldmum pressure of the pipe, line, or dud with no leakage beyond the plate. Confined space means a specs that D 4550 Federal Register / Vol. 58, No. 9 / Thursday, January 14, 1993 / Rules and Regulations ' (1) Is lair enough and so configured that en employee tan bodnter and perform assigned work: Alnd (2) Has limited or restricted means for entry or exit (for example, tanks, vessels. silos, storage bins. hoppers. vaults, and pits are spaces that may have limited means of entry.): and (3) is not designed for continuous employee occupancy. Double block and bleed means the closure of a line, duct, or pipe by dosing and locking or tagging two in - line valves and by opening and locking or tagging a drtin or vent valve in the line between the two closed valves. Emergency means any occurrence (including any failure of hazard control or monitoring equipment) or event internal or external to the permit space that could endanger entrants. Enftulfinent means the surrounding and effective capture of a person by a liquid or finely divided (flowable) solid substance that tin be aspirated to cause death by filling or plugging the respiratory system or that can exert enough force on the body to cause death by rtrmgulation, constriction. or crushing. Entry means the action by which a person passes through an opening into a permit -required confined space. Entry includes ensuing work activities in that • space and is considered to have occurred as soon as any part of the entrant's body breaks the plane of an opening into the space. Entry permit (permit) means the written or printssd document that is provided by the employer to allow And control entry into a permit space and that contains the information specified in paragraph (1) of this secion. Entry supervisor means the person (rush as the employer. foreman, or crew dilel) responsible for determining if earptahle entry conditions am present at a permit apace where entry is planned. for authorizing entry and ovarsaefag entry operations, and for terminating antry es required by this section. (1) Fla. -tunable gas, vapor, or ci; in excess of 10 percent of its lower flammable limit (lit); (2) Airborne combustible dust at a concentntlon that meets or exceeds Its LF NM. This c000eatration may be approtl.Tated us condition to which the dust obscures vtioo at a distance of 5 feet (1.52 m) a less (3) Atmospheric oxygen concentration below 19.5 percent or above 23.5 percent: (4) Atmospheric concentration of any substance for which a dote or a permissible exposure limit is published in Subpart C. Occupational Health and Enviror.menta/ Control, or in Sub2an Z, Toxic and Hazardous Substances, of this part and which could result in emplo)-n exposure in excess of its dose or permissible exposure limit; Note. An atmospberic concentration of my substaccx that is not capable of auuicg dee:b. incapacitation, impairment of ability to self•rescsue. injury, or acute Illness die to its health effects is not covered by this provision (5) Any other atmospheric condition that Is immediately dangerous to life or hNote.. Fa iii- contamiaaea for whirl OSHA .as not determined a dose or permissible exposure limit, other sources of Information. cud is Material Safety Div Sheets that comply with the Huard Cummuntmtion Standard. 51910.1200 of this part pubtlibed Irforcatioo; and internal document an provide guidance to establishing acceptable aturarphmie conditions. Note: An entry oupervisor also may serve As an anaoLint a Mm authorized entrant. u long u that person is trained and equipped is required by this section for each role he or she riiL. Mao. the duties of entry rupe-el.or ray be passed tom one individual to anotba during thhe run d an entry opradon Hazmdous atmosphemmeena an etmospbem that may expose employees to the risk of death. incapacitation. Impairment of ability to self -rescue (that It, escape unaided from a permit apece), in)ury. or acute Illness from one or coon of the following causes: Hot work pezri l means the employw's written authorization to perform operations (for example. riveting wslding cutting burning and beating) apable of providing a source of Ignition Immediately dangerous to fie or health (IDIJ4) means any coo 'lion that poses an Immediate or delayed threat to life or that would cause irreversible adverse health effects or that would Interfere with am Individual's ability to escape unaided from a permit space. No Some ms!er.als—hydrogen fluoride gu and cadml® vapor. for example—cty produce 1mmwlIa'. tanstelit affects that_ even if severe. may pest without medial attendon, but re followed by sudden ponibty htal collapse 12-72 hors after e:pruuti The victim "bets normal` barn reed+ry from trvsleot etfectpn01mtapse Such matr7th in hazadous quutlties ce cone ld end to be immediately' dugerour to It& a bean% Inertia ng mars the displacement of the atmosphere fn a pesaait space by a noncombustible gas truth u nitrogtn)- to such an extent that the resulting atmosphere is noomobustible. Note: This procedure produces en OtH orygeo-0eOcienl atmosphere. Isolation means the process by which a permit space is removed from service and completely protected against the release of energy and material into the space by such means as: blanking or blinding: misaligning or removing sections of lines, pipes, or ducts: a double block and bleed system; lockout or tagout of all sources of eaenv; or blocking or disconnecting all mechanical linkages. Line breaking means the trlcn:tczal opening of a pipe. lie. or duc: Ut is or has been canyir.g Ca- abka. corrosive, or toxic material, an tent gas, or any fluid at a vroicr..e, press_'e, or temperature capable ci causing injury. Xon-permit coifLe? :e? space nsans a confined space that c>es net contain ore with respect to atmospieric hazards. have the potential to mstain any hazard capable of causing death or serious physical harm. Oxygen deficient atmosphere means an atmosphere containing less than 19.5 percent oxygen by volume. Oxygen enriched atmosphere means an atmosphere containing more than 23.5 perceot oxygen by volume. Permit -required confined space (permit space) means a confined space that has one or more of the following chanctaristia: (1) Contains or has a potential to contain a hazardous atmosphere; (2) Contains a material that has the potential for engulfing an entrant; (3) Has an Internal Configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and spec to a smaller moss - section: or (4) Contains any otbe.' recognized serious safety or health hazard. Permit -required confined space program (permit spas program) means the employer's overall program for controlling and, where appropriate. for mit protecting employees from, per space hazards and for regulating try employee enInto permit spaces. Permit system means the employer's written procedure for preparing and issuing parmits for entry and for returning the permit spas to sea-via-viafollo ingtermfnadon of entry. Prohtitedea bondition mans any condition Ina permit space that is not allowed by the permit during the period when entry is authorized. Rescue "Mce moans the personal designated to rescue employees from permit spasm El I I I C I I I I 1 I I I El Federal Regisla / Vol 58, No. 9 / Thursday, Jffivary 14, 1997 / Rules and Regulations 4551 Rrtrin•cl s-ysfem mre-.s the equipment [B) The ecplovcr an demonstrate (]) The elr se, sly for the forced air (include g a rotrieval line, chest or full- thst motinuaus forced tlr ventilation ventilation be. Eon a clean source body harness, wristlets. If appropriate. alone is suf flout to maintain that and may not Loo-stse the hazards In the end a liPdng device m anchor) used for permit space tale for entry; space. non-€ntry rescue of persons !are permit (C) The employer denlops (F) The atere mosphwithin the space spaces. monitoring and icspection data that sbsll ba pericdictlly tested as necessary Testing means the process by which suppors the de onstratars required by to ersun that the continuous farted air the hazards that. may ccnfront eot-enta pangrephs (c)(5XiXA) and (c)(5)(J)(B) 1 ventilation is pnsentizg the of a permit space &-e 1Lnt15ed and this sectlom accumulation of a her:.-dotss evaluated. Testing Inchidas specifying (D] 11w initial entry of the permit atmosphere. the tests that are to be ptr nu..ed in the space is necessary to obtain the data (G) if banrdous aimacpbte Is permit space. ragaired by pa-'t�eph (c)(5)(i)(C) of this detected dnrnq entry- medico, the entry is performed in (r) EecE emp.oyee shall lea•.s the Nuts: Testing ena5lo er p at.r :s =l to .. devise and btplemerst adz air az,''°l e°epuanes with paragnphs (di hough spice immedi:tsly; measures for the protect:: of alrscr!zed (k) oc tests seet:oa; (2) The recce shall be arunissued to cotnwu and to dtlerm ae'1 eecrpi;isle entry (E) The determinations and de'e:mine how the baza.-do zs co_d� icn; rs rcunt i—edJaldy prig so, supporttig data required by c egsphs ats-_esphe.'-e develops.); and cd d.cnt. cosy. (c)(5)' (.1). (c)(S)(i)(EL end (c;i5.(i)(C) of (2) : lase ec shall be Implemented to (c) General reuiren, errs. (1) The this sactior. LS documented by the protect employeos Eon the hats dour emFFlcye- shall eve}uste the wcrkplsce emt!oysr and are made available to atmosphere b6:es any subsequent entry o Zatermine if any spaces are permit- ear employee who enters the permit takes place. trequired confined spaces. space under the terms of paragraph (Y.) The aeployar Shall verify that the (c)(5) of this section: and space is sale for entry and that the Note: Proper ■ppiicauoo of'de decision (F) Entry stn the permit space under neasu.'es rehired by pere�eph flow civet in Appendix A to S191&146 the terms of pangs b (c)(5)(i) of this-(c)(5)(ii) of Ihis section have been taken, would fatilttate c°rnpllena with this x, —ion is pert:.rned in I crdance with thnugb a written arjacation that t-q'irr�cot the requirements of paragaph (c)(5)([i) contains the dale, the location of the (2) I! the workplace contains permit of this section. space. and the signature of the parson spaces, the employer shall inform P: s, (cX7) of this sectio prosid!ng the certification. The exposed employees• by posting danger for reciasai5cetioa of a pll spa ce altar all eenificetion shall be made bete ® faby signs or by any other equally eLtadive La.•ards within tba space have been and shall be cede available to each means, of the esdstezce and location of el minuted employee a^.-szi € the space. and the danger posed by the permit (U) The P folo..ia requirements a (6) When there are changes in the use s aces. to entry into permit sps that meet the or con��°° Pe s of a ncn• -mil aceNote: A rip reading •-DANtM—PUMT- conditions set forth in paragraph eocfiaei space that might manse the REQL Lszu CO\ LSD SPACE. DO NOT (c)(SX[l of this section hazards to entrants, the employer shall E,Ni uc or using other simile, language (A) Any conditions making it unsafe reevaluate That space and, if necessary. would sat≤siythe requbc»eat Ex4 sign to mauve an entraaca ms m shaI be reclassify it as a permit-requirsd (3) If the employer dsddes that its eliminated before the cover is removed. conf7) A d paceelastified the am b er a. employees will not enter permit spaces. (B) When entrance ravttt are a rspia• mired fined p me the employer shall take effective renmved the opa sdng shaft be promptly Pe req s y measus o nt L's a to from guarded by a railing, temporary cover. be mr�ess fled es anon -permit confined entering the permit spy and sisal] or other temporary beater that will s f) ainrinU the pr e3following p�' p osea no em& m mr �p1y with paragraphs Icn1l. {e)(2) prevent and atal fell through the or potential atmospheric hazards and if (c)6), and (c)(8) of this section. opening ell baurds within the apnea an (t) !f the employer derides that its employee working is space from employees wi1J aster permit spa the fardgs objods caring the space eilminated without ace y be ystrer_!&%37 d as employer shall develo and Im lcl Before an employee ectan !ha permit P may Pl Ye. P P�D°°t ace, the interne] are abh tmosppheD be a non -permit confined spec for as long tha written permit space Autry Fogam tested, with a rahbreted direct -reeding as the non-atmospherichazards remain wet en program r h this mile tie a instrument, for the following condition eliminded. written shall be rseiMble for (ii) V tt Is necessayto enter the inspection by employees and their in the 0tMenL per911 space to eliminate hazards, such authorized reto vM. 11) �� shall be performed under (S) An am_ °:ray UM the altesas e (7) Flwtial t gesec and upon, and psuy ' (3) Potential tone air wntsrtmtavtt pan nphs (d) thzavd 0.) o! this Procedurec tpedd m pa- (D) There may be nobs rdoos secdon. if testing and Inspection during (c)(Sxii) cf thin section for amazing a a w1t ,tip the space wbrnuvm that entry demonstrate that the hazards permit apecre under the muditions set an e�y� mplc7ryyees is inside the space, within the permit spare have been sp fort] in paragraph (c)(S)(il of this (E) Continuous iosoed alt vean1atS>m eliminated, the permit space ma be section. shall be Used. es follows. redsssifled tsa non -permit confined (I) An employer vbcre empleyeesa (J) Mripoyeemay not enter the epees for As long as the hazards remain enter a permit spa= need r3drn.gacatil the !arced ak won atioo bas eyminetet with pereigsrphs dj thrmsgh (q end Wl eliminated any basardoas etnotpberq af & Ica"rs. throash1k) of this sec iaa• ] madded (2) The forted air veaailst �j( be gb air smtilanon doe, cot that: so directed as to runtlSat.e the fznmedicts nmta sttu.Ttminatlon of the buards. (Al The r® ay er tea damaa_ata areas wiser. am emplayee is or will be Pngn b [cfI roves perms tpacn Autry that sure an}y hasmd pma d 1+y the pemk present white 3e spa" and sbeB when the erpkp ® deaoeruae mat ' space is son Acted or f.d bcudons continue until aD asmployeas bass Mt fora1 ale .tflstioa time wMl clad eH atmoapberec the space. beards in the spec► I 4552 Federal Register I Vol. 58, No. 9 / Thursday. January 14. 1993 I Rues end Regulatioai I (iii) The employer shall document the (iii) Inform the host employer of the (ix) Any other equipment necessary basis for determining that all hazards in permit space program that the for safe entry into and rescue from a permit space have been eliminated. contractor will follow and of any permit spaces. through a certification that contains the hazards confronted or created in permit (51 Eveluete permit space conditions date, the location of the space, and the s erns, elther through a debriefing or as follows when entry operations are signature of the person making the during the entry operation. conducted: determination. The certification shall be (d) Permit -required confined spcce (i) Test conditions in the permit space made avai!abla to each employee pro groin. Under the permit•required to determine If acceptable entry entering the space. confined space program required by conditions exist before entry Is (iv) If hazards arise within a pemut paragraph (c)(1) of this section. the authorized to begin, except that, if space that has been declassified to a employer shall: isolation of the space is in feasible non -permit space under pangrspb (c)?) (1) Implement the measures necessary because the space is large or is part of of this section. each employee in the to prevent unauthorized entry; a continuous system (such as a sewer), space shall exit the space. The employer (2) Identify and evaluate the hazards pre -entry testing shall be performed to shall then reeval,;ate the space and of permit spaces before employees enter the extent feasible before entry is determine whether it must be them: authorized end, if entry is authorized. reclassified as a permit space. in (3) Develop end implement the entry conditions shall be continuously accordance with other applicable means, pocodures. and practices monitored in the areas wbere authorized provisions of Lhis section. necessary for safe permit space entry en cants are working: (8) %%'ben an employer (host operations, including, but not Limited (ii) Test or monitor the permit space employer) arranges to have employees to. the following: as necessary to determine if acceptable of another employer (contractor) (i) Specifying acceptable entry entry conditions ere being maintained perform work that involves permit space conditions; during the course of entry operations; entry. the host employer shall: (ii) Isolating the permit space: and (i) Inform the contractor that the (iii) Purging, inerting. flushing. or (iii) When testing for atmospheric workplace contains permit spaces and ventilating the permit space as hazards, test first for oxygen. then for that permit space entry is allowed only necessary to eliminate or control combustible gases and vapors, and then through compliance with an permit atmospheric hazards; for toxic gases and vapors. space program meeting the requirements (iv) Providing pedestrian, vehicle. or Note: Atmospheric testing conducted in of this section; other barriers as necessary to protect acoudanca with Appendix 9 to 51910.146 (ii) Apprise the contactor of the entrants from external hazards; and would be considered as satisfying the elements, including the hazards (v) Verifying that conditions in the requirements of this paragraph. For permit identified and the host employer's s crtable for en space operations in aewen. atmosphericpermit Pace are ae P taring conducted to acoordanca with experieoce with the space. that make throughout the duration of an Appendix B, u supplemeated by Appendix the space in question a permit space; authorized entry. E to 51910.146. would be aas:dered u (iii) Apprise the contractor of any (4) Provide the following equipment satstying the requuemeuls of this paragraph. precautions or procedures that the host (spedfied in paragraphs (d)(4)(i) (6) Provide at least one attendant employer has implemented for the through (d)(4)(ix) of this section) at no outside the permit space into which protection of employees in or near cost to employees, maintain that entry is authorized for the duration of permit spaces where contractor equipment properly, and ensure that entry operations; personnel will be working; employees use that equipment properly: (iv) Coordinate eotry.operations with (i) Testing and monitoring equipment Note: Attendants may be assigned to the contractor. when both host employer needed to comply with paragraph (d)(5) tonitor ton than one permit spec ersonnel and contractor personnel will of this section; provided the dutiea described in pparagraph p li) of this section can be e.'it,ctivaly be working in or near permit spaces, as (ii) Ventilating equipment needed to performed for each permit span that is required by paragraph (d)(]1) of this obtain acceptable entry conditions; monitored Likewise. attendants may be section; and (iii) Communications equipment stationed at any tocst:oo o_ side the permit (v) Debrief the contractor at the -necessary for compliance with specs to be monitored as lo _g as the duties conclusion of the entry operations paragraphs (b)(1) and (i)(5) of this described in paragraph (i) of this section can regarding the permit space program section; be effectively performed for each permit followed and.regarding any hazards (iv) Personal protective equipment space that is ooitoret confronted or coated in permit spaces Insofar as feasible engineering and work (7) If multiple spaces are to be during entry operations, practice controls do not adequately monitored by a single attendant, include (9) in addition to complying with the protect employees; in the permit program the means and permit space requirements that apply to (v) lighting equipment needed to procedures to eaable.the attendant to all employee. each contractor who Is enable employees to see well enough to respond to an emergency affecting one retained to perform permit space entry work safely and to exit the space or more of the permit spaces being operations shall: quickly In an emergency, monitored without distraction from the (i) Obtain any available information (vf) Barriers and shields as required attendant's responsibilities under regarding permit space hazards and by paragraph (d)(3)(Iv) of this section; paragraph (i) of this section; entry operations from the host (vii) Equipment, such asladders, (8) Designate the persons who am to employer, needed for safe ingress and egress by have active roles (as, for example, (ii) Coordinate entry operations with authorized entrants; authorized entrants. attendants, entry the host employer, when both host (viu) Rescue and emergency supervisors, or persons who lest or employer personnel and contractor equipment needed to comply with monitor the atmosphere in a permit personnel will be working in or near pangnpb (d)19) of this section. e. -pt space) in entry operations.1dentify the ppeermit .as required by paragraph to the extent that the equipment is duties of each such employee, andd (d)(11) of this section; and provided by rescue services; and provide each such employee with the I I I I I II I r I. Federal RegWer I VoL 58, No. 9 / Thursday, January 14, 1993 I Rules and RegulatJcaz 4353 I I I I I I I I I I I I 1 I I trcintng required by parngnpb (a) of this s?ct)on; (9) Develop and Implement prccadwes for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency sersitxs to rescued employees, and far preventing unauthorized performer from atte�ptiLit a rescue; (30) Develop and Implement a system for the prepntimn, issuance, use. and cancellation of entry pcmfts as required by this section; (11) Develop and implement procedures to coordinate entry operations when employees of more than one employer are working simultaneously as authorized entrants in a permit space. so that employees of cne employer do not endmger the employees of any other employer, (12) Develop and implement procedures (such artiosing otl'a permit space and canceling the permit) necessary for concludicg the entry alter entry oppeertations have beat completed; (13) Review entry operatioes when the employer has reason tobeteve that the measures taken under the permit space prvgr'am may not protect employees and revise the prvgramto correct drfderrdes tumid to eider before subsequent errtriec fl tsvthorixad: and — - NoteExamplesof irn. trnregtrirmg the review of the permit<rquired wn6nd space program err. any unrulborud entry of ■ permit span 1be de•,ectioa of s pertak space hazed nd cowered by the persmt, the detet�oo of a cam then, probTited bf rise permit. the as a—^--�a d as safio7 a aae- miss during any. a eh.zge m the etas a am8guarioo of a pe=als span . ad employee rx.npta:"tf shoat the aPSmvcaets of the prog n (14) Review the pmmil-regpised cootned space pic€na. usima the canceled perrmts retuned troche paragraph (eH6) of this m within I year aftm each rrtry ant aeries tine Program as nn-ntmy,4o Can that employees participatingin eIy operations are protxdad from p.n' •1' space hazards. Nero r 3oyai taay perform t sixtgJa "nasal review areag ''r'1''2 during; 12 -month pmod II so e�etryr� ri performed during a 12c w review is nreoas7. Appendix C to St41a.1i6 presents examples d permit entry peogems that am coosidezed to cotsrpiy witbtbe requirements of paragraph (d)oft ire section. (e) Verist systvc n.113 berries OLbT is a utborized. tSe eurpIcyer tall document the comptetion of messtaes r•sgv iced b7 persvgra ph fd)(3141 eAs section by prepaiag 0" entry permit. Note: Arpeodtz D to 11010.146 pnnnu ezar,pics otpermiu wbuo elcr,ettu we wnsldn 4 to wmrly with the requL-eranIo of this section. (2) Before entry begin, the entry supervisor Identi2ed on the permit shall sign the antsy parent to authorize entry. (3) The completed permit shall be made averlhle at the time of entry to dl authorized ant.-aal, by posting it at the entry portal or by any other equally effective means, so that the entrants can confirm that pre -entry preparations have been completed. (4) The duration of the permit may not exceed the time required to complete the assigned task or Job identi5ed on the permit In accordance with paragraph (f)(2) of this section. (5) The entry supervisor tball terminate entry and cancel the entry permit why (1) The entry operations covered by the entry permit Lave been completed; or (ii) A condition that is not allowed under the entry permit arises in or near the permit space (6) 7be employer shall retain each canceled entry permit for et least I yeti to fedDtmte the review of the pest - required confined specs yauxjasn required by pmagnpb rd 14) oftias section. Any pros lams encountered during an entry operation sballbe noted on the pertinent permit so That appropriate resigns to the permit space program con be made. (f) E4Rrypermit The entry permit that documents compliance with this section and authorizes entry to a permit spat e shall identify: (1) Ile permit specs to be eaiced: (2) The purpose of the entry. (3) The data and the authorized duration of the entry permit; (4) The autharfrad entrants within the permit sp+cm, by name or by such of ar means (for example. through the usa at rosten w trackin, systems) n will enable the attendant is determine quickly and amrntely, for the duration of the permit, whi� authorized enbt is am inside the permit space; Not a: This nqz. rnzct mfl be. text t7 imset�g a J.I4z tba entry pwmrt as to the. metro used von as a souse of tacking ryfl . to kip trick cf thf authn-feed entrtx la wcobra tits p®ir q.. '(5)The partoamel.byvtame,aarendy. sarvixsg as rand. -,h3 (6) The to dividtraL by acme, currently seining as errir7 stn ,n 1em, with Is ege—_e for the signature or tai 6 eh of the entry supervisor who orfgbrafy ecthosised 0"171 The 1 . n: As of {he permit sprat m be rzterred; (e) The measures used to facla!e the pernit s;.e.m and to eliminate or control permit space hazards before entry; Not+: now nxrum can Include tits loclouI or tarsi cf aqulptnt and procedure. for purging Learning ventltatlng, and Ousbinf pamh spaces. (9) The acceptable entry conditions: (10) The results of initial and periodic tests performed under pangnph (d)(5) of this section, accompanied by the names or initials of the testan end by an Indication of when the test were performed; (I) The rescue and emergency cervices that can be summoned and the means (such as the equipment to use and the n mbers to colp for saumordng these services; (12) The communication procedures used by authorized enLrenu and attendants to maintain contact during the entry; (13) Equipment, such as persooal protective equipment, tesling equipment, emmmunfcaUons equipment, alarm systems, and rescue eqt pmette to be provided [o compliance with this section; (14) Any ocher information whose inclusion is necessary, given the dreumstancu of the pariicularconflned space, in order to ensure employee safety; and - (15) Any edditiond permits, such as for hot work, that have been issued to authorize work in the permit space- (g) Training. (1) The euployer shalt provide training so that employees whose wort is regulated by this sedim acquire the understanding. knowledge. and &ills necessary for she safe perfarrnenra of the duties assigned under this seetix. (2) Training shall be provided to each affected employee (i) Before the employ ee ]s Est essig ed duties under this section: (ii) Sefore there is a change in - assigned duties; (iii) Wbcsever there is a change In permit space operations that presents t hazard about wt ch an enployee has not preriotrrly been trained; (iv) Wbeaever the errrployerbas reason tobebeve either that there to deviations from the permit spaa errtty procedues required by partgraph td)(3) of thf s section or that there ants inedequeties is the employee's b ow4edge or use of these ymcndmes. (3) The training shall establish empleyaa pre&riaacy In th4 a4tr i a required by this section end shall introduce sow or nvfsed procedams.es necessary, for emtptance with this. section. (4) The erp}oyer shall os ry that the mining required by par'cgraphs tgl(1) t ' 4554 Federal Register I Vol. 55, No: 9 / Thursday. ]anuary 14. 1993 1 Rules and Regulations through (g)(1) of this section has been accomplished. The certification shall eontcia each employee's name, the signatures or initials of the trainers, and the dates of training. The cartiEeation shall be available for Inspection by employees and their author.zed representatives. (b) Duties of authorized entrants. The employer shall ensure that all authorized eolrants: (1) Know the hazards that may be faced during entry. including information on the mode. signs or symptoms. and consequences of the exposure; 2) Properly use equipment as required by paragraph (d)(4) of this section; (3) Communicate with the attendant as necessary to enable the attendant to monitor entrant status and to enable the attendant to alert entrants of the need to evacuate the space as required by Paragraph (i)(6) of this section; (4) Alert the attendant whenever. (I) The entrant recognizes any warning sign or symptom of exposure to a dangerous situation. or (U) The entrant detects a prohibited condition; and (5) Et from the permit space as quickly as possible whenever. (1) An order to evacuate is given by the attendant or the entry supervisor. (U) The entrant recognizes any warning sign or symptom of exposure to' a dangerous situation. (iii) The entrant detects a prohibited condition, or (iv) An evacuation alarm Is activated. (1) Duties of attendants. The employer shall ensure that each attendant: (1) Knows the hazards that maybe faced during entry. including information on the mode. signs or symptoms, and consequences of the 2) Is aware of possible behavioral effect of hazard exposure in authorized entrants; (3) Continuously maintains an accurate count of authorized entrants In the permit space and ensures that the means used to Identify authorized entrants under paragraph (f)(4) of this section aocustaly Identifies who Is In the permit space; (4) Remains outside the permit space during entry operations until relieved by another attendant; Noes. When the employees permit "try program slows attnodml entry for venue, attendantr may eater 4 permit spec to artempt a rescue U they hsn been trained .ad equipped for rescue operations as by pengapb (k)[i) of this .action and U they hsn been relined u required panyapb (IX4) of ?hl. seWon. (5) Communicates with authorized entrants as necessary to monitor entrant status and to alert entrants of the need to evacuate the space under paragraph (i)(6) of this section: (6) Monitors activities inside and outside the space to determine if it is safe for entrants to remain In the space and orders the authorized entrants to evacuate the permit space Immediately under any of the following conditions; (i) lithe attendant detects a prohibited condition: (ii) U the attendant deteds the behavioral effects of hazard exposure in an authorized entrant: • (di) if the attendant detects a situation outside the space thatcould endanger the authorized entrants: or (iv) if the attendant mnnot effectively and safely perform all the duties required under paragraph (1) of this section; (7) Summon rescue and other emergency services as soon as the attendant determines that authorized entrants may need assistance to escape from permit space hazards; (H) Takes the following actions when unauthorized persons approach or enter a permit apace while entry is underway: Warn th (i) Warn unauthorized persons that they must stay away from the permit space; (u) Advise the unauthorized persons that they must exit Immediately if they have entered the permit space; and (iii) Inform the authorized entrants and the entry supervisor if unauthorized persons have entered the permit space; (9) Performs non -entry rescues as specified by the employer', rescue procedure; and (10) Performs no duties that might interfere with the attendant's primary duty to monitor and protect the authorized entrants. • Q) Duties of entry supezvisor= The employer shall ensure that each entry Sup rvisor. (1) Knows the hazards that may be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure: (2) Verifies, by sharking that the appropriate entries have been made on the permit, that all tests specified by the permit have been conducted and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin; (3) Terminates the entry end cancels the permit as required by paragraph (e)(5). of this sectitm: (4) Verifies that rescue services are available and that the means for summoning them an operable; by (5) Removes unsuthodzsd individual who entffi or who attempt to enter the permit space during entry operations; and (6) Determines. wbooever responsibility for a permit space entry operation Is transferred and at intervals dictated by the hazards and opentlous performed within the space. that entry operations remain consistent with terms of the entry permit and that acceptable entry conditions are maintained. (k) Rescue and emergency services. (1) The following requirements apply to employers who have employees enter permit spaces to porform rescue services. (i) The employer shall ensure that each member of the rescue service Is provided with, and is trained to use properly, the personal protective equipment and rescue equipment necessary for making rescues from permit spaces. (ii) Each member of the rescue service shell be trained to perform the assigned. rescue duties. Each member of the rescue service shall also receive the training required of authorized entrants under paragraph (g) of this section. (iii) Each member of the rescue service shall practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies. manikins, or actual persons from the actual permit spaces or from representative permit spaces. Representative permit spaces shall. with respell to opening size, configuration. and accessibility, simulate the types of permit spaces from which rescue Is to be performed. (iv) Each member of the rescue service shell be trained In basic first -aid and It cardiopulmonary resuscitation (CPR). At least one member of the rescue service holding current certification in first aid and in CPR shall be available. (2) When an employer (hod employer) arranges to have persons other than the host employer's employees perform permit space rescue. the host employer sill (1) inform the rescue service of the hazards they may confront when called on to perform rescue at the host employer's fadUty. and (ii) provide the rescue service with au to all permit spaces from which rescue may be neczssaJ7 so that the rescue service ran develop appropriate rescue plans and practice rescue operations. (3) To facilitate nooertry rescue, retrieval systems or methods .ball be used whenever an authorized entrant eaten a permit space, unless the retrieval equipment would Increase the overall risk of entry or would not contribute to the rescue of the entrant I I I 1 I 1 1 I I I I I 1 I I I I I I 1 1 I I i Federal Register I Vol. SB, No. 9 / Thursday, January 14, 1993 / Rules and Regulations 4555 Retrieval systems shall meet the (ii) The other end of the retrieval line written lnfo:matlon ahall be made follot.ttg rcquiremeots. &ball be attached to a mechanical device available to the medical facility treating (1) Each authorized entrant &bell use or fixed point outside the permit space the exposed entrant. e chest or full body harness, with a to such a manner that rescue can begin AFFDMICES TO l;satas4e--FUWr• retrieval line attached at the center of as soon tithe rescuserrrbecomes .win 4 'D4Dl O TO 1191 SPACES the entrant's bath near shoulder level, that dev&esu rescue i be labia ore e. A lm Note Appendices A through E serve to or above the entrant's heed. WristieU provide tnSmatioo and 000-mandat may be used In lieu of the chest or full personnel from vertleet type permit P body harness if the employer can spaces more than sleet deep. tuldeilnm to win smploym and amplotroea to mmplytos with the appropriate d hod a that the use sl l chest or (4) If an injured entrant Isat exposed to requirements of this section. full body harness Is infeasible or creates a substance for which a Material Safety a greater heard and that the use of Data Sheet (MSDS) or other simJlar wrisdets is the safest and most effective written information Is required to be alternative, kept at the worksite. that MSDS or • • 4556 Fedcn-1 Assist[} 1 Vol. 55, No. 0 1 Thursday. January 14, 1993 / Rules and R2gulat'Ons App.rytitAb11n0]tl FertnitreQul+ld Confined Spec Decisi on l'ie's marl Appendix A Pe.uit-required Confined Space Decision Flow Chart Ox+ the wits: l.ee contain hmt-rgnrad Conhntd Space u de hand q {If 10.11101) MJ•tt.,ivlt •t Mr FIL as 1icable YES OSYA staMuds S70P Ireton uployets as rg+lr•d by 11910.14[ (112) _____________ }[.vent eayloyt. entry a. re7+tred by will y.r-tt spaces be entered) No.010.344 Irll]1• oo task tree ove[id• of •pace. YLS I rt will contractor) •n[•r7 yts-.otsIk 1, by r.tt.c111, li�illa+d tlitl`c[ont raccor[oM•[na triton -at son rK ir•d by (1110.111 IcI lb)1£)• Ili) and Illfl fray host. loch contractors and book ftc;loyts will enter the space' W YES -j wit: nee[ t•yler•as ente. to Coordinate entry ep.T. tons as r unovth by od entr - prior+ entry Gsk97 tclltllty) and 1611311. h•ve.•.: wavtheissed entry. I Ls M.vent urrachor "' entry. S7oP Yet a p•ni[-raQ:ir•d [cent in+d span. 1910.14{ Doe[ space have Lnown or potential hatarda-' . ' snot ayp7Y. Consult other OSHA standard.. YES ttplq•r uy cMe+• to rat lassi.ty spats to non -pent[ Carthe hasards ba el unrested) YES—.—. rK+lrad eonttn•d sp•<e u+in: 17910.16[ /[1(71. i77D Ho I. I Ca. the space be •s tntatnad in • condition sate to YtS- " Sp.tt say be entered wider I1 •nt Y. q' contlnuou• forced air vncilstion only? ' fl!]0.36C 1[115). 110 I 1 I ►rep. r• for entry via prat procedurea.J peralt not valid until editions .«t ver..Iy acceptable entry eondtttons tint }+tents rteerd }spit. isolated ii ,}_+sP•c r... rinsed. l.severveeant to v ilable. D YES t1[•It issued' by authorltin9 signature. Y3'• —r condition). • Ent}.Hurevacuated bceet tole entry condition t u7ntalMd tMev9rout entryjentry aborts. (call r.acvets 1t ss needed). Pettit Ss void. Reevaluate pros}.. to correct/yrewnt prohibit miry task. co.p)•t.d. ►enta returned and canceled.- to"ILiCrl Ot Dtmtcot of eS !Q• ry procraa. Ito re-ntry with l progra• audit by ens ants.prograssanient d panit bs•d on wain.[ten elm laced e nit) ]a .•.dd• (hay try q entrants. s. atteMant_P tasters and prspann. Kt. r•Pairsl vM taa•1 ` Spaces uy Mn to be evacuated and re-evaluated it bararda arise dvriap entry • I .1 I 1 I I I .. I El i 1 •.1 1 I Permit - Required Confined Space Decision Flow Chart I I I II II II Does C» workptaco contain PRCS u defh•d YES Inform employees as required by §1910. Wln permit space be enteredi YES rii Mil contractors enter? NO E 10. Consult other apptkab4 OSHA standards. Prevent «nptoyee an as required by §1910.146(c)(3). Do task hvrm outside of space. Task will be done by contractorsemployees. Inform contractor as required by §1910.146(c)(BXI), (W) and (Ili). Contrador obtains Information required by §1910.146(c)(9)(I), (11) and (111) from host. Both contractors and host empbyses will enter the space. will host employees enter Coordinate entry operadons as requked by § 1910.146(cXBxh) to perform entry task-? and (dx11). Prevent unauthorized entry. YESNO Prevent unauthothed entry. STOP NO Not a PROS. 1910.148 does not apply. Consult Does space have knam or potentlal hazards? other OSHA standards. YES urn Space may be entered under §1910.148(c){5). CONTINUE I Federal Resister I Vol. 58, No. 9 / ThursdaY. January 14, 1993 I Rules and Regulations 4557 Appendta B to k191o.1ab—Psxedirn for Atmwpberic Terting Atmospheric reeling is required for two distinct purpo+': evgahsadon of the btuids of the permit Pau and nrifiation that sanptablc entry conditional for entry Into that rpace exist (1) Evaluation (rating. The atmocpbere of a confined spece should be analysed using equipment of Sufficient aemitivity end speufldry to Identify and esa)uate any bazardous aonospbees that may exist or arise, to that appropriate permit entry procedures an be dneloped and acceptable entry condltiona Stipulated for that specs. Evaluation end Interpretation of these de'a. and development of the entry procedure, should bra done by. or reviewed by, a technically qualified professional (e.g.. OSHA coosullation Service, or unified inJutrial bycieoist, registered Safety engine", cerifsed "rely professional, etc.) based on evaluation of all serious hazards. (2) Verification testing. The atmosphere of a permit space which mey con'ain a hazardous atmosphere should be tested for residues of ill contar ,rats identified by evaluatlon testing using permit Specified rmi equipment to determine that residual concentrations at the time of testing and entry are wilnln the range of acceptable entry conditions. Results of testing (i.e., actual concentration. etc.) should be recorded on the permit in the Space provided adjacent to the Stipulated sae ptable, entry condition. (3) Duration of stung. Messunmeal of values for each atmospheric me panlet should be made for at least the minimum response time of the test lnsaumeot specific by the manufacture. (4) Testing stratified atmospheres. Wheat monitoring for entries Involving a descent into stmospberes that may be stratified, the atmospheric envelope should be tested a distance of apprydmitely 4 fat (1.22 m) in the direction of travel and to each side. If a sampling probe is used, the entrant's rate of progress Should be slowed to towrnmodate the sampling speed and detector response. Appends( C to 51910.14&—Fssfpla of Permitrequired Confined Spa Pragrims malotilned the Safe coodiltoo far entry by mecbaalal venrlIallon alone. All s{.cas be shall coruldend permit-raqulrr'd mafined spec' until the preentry procedures demooatrste otherwise. Any employee required or permitted to precbeck or inlet an endored/coo8ned space shall ban successfully completed. tie minimum. the paining as required by the 1011owtcg sections of rhea procedures. A wrcopy 4 itten operating and rncue procedures as required by these procedures :hail be at the esrk site for the duration of the )ob. The Confined Spam Pre-Eotry Check List must be fR completed by e LEAD WORIbefore entry into a con5oed space. This list reifies completion of Items fisted below. This check list shall be kept at the job site for duration of the job. If circumstances dictate en interruption in the work, the permit space must be re-evaluated td e new check list must be completed. Control of otmosphuic and engul f_.ent hazards. Pumps and Lines. ll pumps and lines which may reasonably muse can.axinants to flow into the space :ball be disconnected. blinded and locked out, of effectisely isolated by other means to prevent development of dangerous Air con'.a'inetioa or engulfment Not all laterals to sawn or storm drains require blocking. Hawevc, where experience or knowledge of industrial use Indicates there is a reasonable potential for contamination of alt or engulfment Into an occupied sewn, then ill affected laterals shell be blocked. U blocking and/ isolation requires entry into the Spam the provisions d for entry Into a permitrequired conOned space must be implemented 'Sumillonce. The Surrounding eta shall be surveyed to avoid hazards Such as drifting neon from the tanks, piping. or sewn. Testing. The atmosphere within the space will be tested to determine whether dangerous sit contamination and/or oxygen deficiency exists. An slut only type gas monitor mey be used. Testing shall be performed by the LEAD WORKER who has succssrfully completed the Cu Detector training for the monitor be will maths £'scam le 1. minimum ern lobe monitored are P axygen de ciency, tit. and hydrogen Ii'oekploce. Sewer entry. sulfide eoncenbatloo. A written record of Potential hazards. The employees could be preeot y test results shall be made and kip exposed to the following: at the work site for the duration of the job. £ngu/Jmene The supetvlsat will unify to writing. Presence of toxic aces. Equal to or more than upon the results of the ppre entry tiling, rob 8all hazards have been elimineted. Affected 10 ppm hydrogen Sulfide. lithe presence of employees shell be able to review the tests other ionic contaminants Is ruspected, mulls. The most haardous conditions sh speci5e monitoring programs will be So area when work is being performed In developed. ■djotn(ng. connecting spa's. Presence of 'ban jiv ipamasoble gases. Equal Entry Procedures. If there an no non - to or greater than 10% of the Iowar atmospheric hoards pre"nrand if the Oam Omen D limit (y.A entry tests show there Is no dangerous am orygen Deficiency. A concentration of moteminatlon and/or oxygen deficiency oxygen in the ataocpber s equal toot lea within the specs and there Is on tuson to than 19.5% by sot""- believe that any Is likely to dove , entry A- Entry Without PermalAttendont into and work within may p Certification Confined s t maybe Continuous testing of the atmospban In entered without the need Wr a wrinea pees( - Immediate vicinity of the worse within ar attmdanl provided that 1J the span is - iw space ImMed4lely let" the permit space determined not to be a permit eean when an of the u monitor alarm sat po confined Space, or 2.) a "a an be any g U she are reached u defined. Workers will not Mum to Ibe tin until 4 SUPERVISOR who bas completed the go drtecta training bu used a direct reading gu detector to evaluate the situation and hu determined that It Is safe to enter. Rescue. Arrangements rot me a services in not required where them lion attendant. See the rescue portion of section B., below, for Instructions regardlog rescue planning when An entry permit is required. B. Entry Permit Required Permits. Confined Spam Entry Permit. All spaces shall be considered permlt-requind confined spaces until the pre -entry procedures demonstrate otherwise. Any employee requited or permitted to pre -deck or enter a permit -required confned Spam shall have sueaufully completed. as a minimum, the training as required by the following sectlors of these procedures. A written copy of operating and rescue procedures as required by these procedures shall be at the work site for the duration of the job. The Confined Space Entry Permit must be completed before approval can be given to enter a permitrequtn4 confined space. This permit verifin cnmpletlon of items listed below. This permit shall be kept at the job site for the duration or the job. If cirnunsunces cause an Interruption In the work or a change in the alarm conditions for which entry was approved. a new Confined Space Entry Permit must be completed Control of atmosphuic and engulfment hazards. Surveillance. The surrounding area shall be surveyed to avoid hazards such u drifting vapors from tanks, piping or sewn. Testing. The confined space atmosphere shall be tested to determine whether dangerous air contamination andlor oxygen deficiency exists. A direct reading Via monitor shall be used. Testing Shill be performed by the SUPERVISOR who has sumsssfully completed the gas detector training for the monitor be will use. The minimum parameters lobe monitored n en deficiency. lFL and hydrogen sulfide concentration. A written record of the prs- antry test results shall be made and kept at the work site for the duration of the job. Affected employees shall be able to review the testing result& The most banrdasa conditions shall govern wbem work Is being �� performed In two adjoining, connected at sPeces' Spam Ventilation. Mechanical ventilation og systems, where applicable, shall be edit 100% outside air. When possible. open two Additional manholes to Increase air circulation. Use ponable blowers to eugsoent natural circulation If needed After a suitable �, : ventilating period. repeat the testing Entry may not begin until testing hu demonstrated that the banrdous Atmosphn has been eliminated - £ntt+ryy Procedures. The following prncadme sball.be observed under any of the following the conditions: 1.) Testing demonstalet the the .existence of dangerous or &ficient conditions and additional van0lotlon cannot reduce wnceatratlons to Safe levelr, 2)The iMs . atmosphere to tz as safe but Imsah I I I I L I I I I I r 4558 Federsl Resister I Vol. 58. No. 9 1 Thursday. January 14, 1993 / Rules and Regulations t I I U 1 1 El 1 1 I I 1 I con�lit,cca can naaouabl )y be arp.cted to mote -, an oprmLsd In partial Wban on. dov.lop. 3.) h IS oa fe si4bia to ptm1da fw unit of; cul1ple eat la abut donut be ready .zit bum Spar.. equipped wi& npaln, nazi sn avall+2+l. to Ldals lbit aulamatic fin supp rewou oats-, and U L unit from the ol.`.en which &amain La not practical or sofa to deactints such openUa syste w: or 4.) An emergency exists and ii Is Cmksn and drys am borianntaL not feasible to wait for pneniry procedures cyltndrfnl vessels *quipped with t cols. to tale a ect rotating shag Lod agUst ps441nw disci All personal wt be mined. A self U the inner &ball Is tact It is aausfy mntemed brrelhitg appanrus sbaq be worn bested with stem as pmaruraa up to 130 pd by any person eotenr.gg the space. At frill (101415 kPak Tbs rourig .h.? assembly aL one worker shall stead by the outside of the the continuous mots or dryer Ia also Sitem space ready to give Lsais:ann Incex of heated ernerg* ocy. The standby worker shell haves self cnotsined breetbing appanPn asvisbi. for immediate use. Thee .shall a at least ace add itioaal worker witSio sight or aL' of the standby works. CooUw.raus powered ca muniatioos shall be maintaiud betweea the wcr%a within the cocfined space and standby personnel. If n t_y time then is any questionable action or boo- toove¢eot by the worker Inside. a verbal check will be made. U then Is no response. the wwkar will be snored immediaie�y. Exception: U the we:ksr is disabled due to falling w impact.Ls'sba shall not be remved from the rn.fi.•d space unless there is immediate danger to t.is/bar lift Local fin dcparunant rescue pesnntl shal be notified immeCiately. The standby wotkn may only enter the confined space in case alto amsrge ray (weari g the tell cot u'i led b.-ntb sag apparsntsl and lily after being alined by .ter wwk4z S 1 ybah or barters with attached lifeline shall be used by all workers entering the spec with the free and of the line secured outside the eob7 opewrrg. The standby workersbslt attempt to remove a disabled worker via hie lifeline before entering the specs. Whet premml. these spaces shell be entnced t utugh ride opmL:::;" sa withis 31/2 kart Dw ml d daebon:a N'4mency mast be tksor�h a top opening. the safety leek shall be of the buss type that sopen4tt person updgbt and a Ioist:ng devise W slmiiu apperatus sbe11 be euvla3da 6trUh workers our atthe Sara In any sitwhere thetrmt sly endanger toe wrakn. us. of a lxristing drain or s.e" b.3 tad etiacv' .d bMln. is ry h disco2 1n Whet chignons aft r 4fl fleinn ht etbibulehie to Rammabb tad/ac asptsSiee Bulbs an4±a Ughting and o actricel.Snlpmad shall be Casa 1. Dividm I rstad per Electrical mda m Ig" sex, ball be introduced into the Ina Cmtxauo a gas moadtotarg shalt let perfo®ed daring all ccnfned 7 opentsma. U alts cnndrtinas cbtaga sdvnely. .tarry perswre1 shat exit se 5555_ a na rp*ca and a ow coataed *pea . pacrs;I tsxaravi- Rerrae.Call the fin drpctmU¢t Semi—. S resat. Wl en imaadlana t-_.- ,jat I$n4. perso- .1 ace paemot. wvt_ at the Life shall Impleoent emerge nay proadsr es to Use si 17"U s, - 4•• •. •5 555..• • • • 5.555.. ._..I. . . .4. . .. . . .. 5555:. .. • ..• 5:555 5555 ••_- . • .. Ia.-- S. • . -. .... .. .•` ... .. ,... S 5.•• 0._a ._. 5555 S. -54 :. _ .• 5555 I. 5•• • . . . 4454•• •• • 5•• •• Y » ... .. .. . • .. .. ••. • •55.55 Y... ». S 1... . C. • Or . .. • .. .I• l.. 545.5 .. .. .. . •5• . .4. it ... •.. . .. . .. N. .. I. . •.I•. .. I..S 455 . .. S. -u .. -I.- ..: •t•. 5555 . ._... .. ..-_ 5555 5:555. . S. . _ 5555. .•S . -. . ... I a\ .5... .. . • ... »,.I 5555. - M a .5554 I n .. . .. ... 5555. .. .I ... .. u • ..... .. .. .'» •S .•.. .54... • .4 M 5555 Federal Register / Vol. Sg, No. 9 / Thursday, January 14, 1993 / Rules and Regulations 4559 , Entry Permit" will be Issued brat month period to cover those production areas where tack an fabricated w the point that entry and exit an made wing manholes. Authorirction Only the arse supervisor may suthoriza an employee to enter a tank within the permit area. The area euperAsar must determine that conditions to the tanktnllsr, dry bulk trailer or truck, sic- meet permit requirements before authorizing entry. AttendanLTbe area supervisor shill designate an employee to maintain communication by employer specified means with employees working In tanks to ensure their safety. The attendant may not enter any permit entry confined spec to rescue an entrant or for any other reason. unless authorirad by the rescue procedure and. and even then, only after ailing the rescue team end being relieved by as attendant by another worker. Communications and observation. Communications between attendant and eatrant(s) $ball be maintained throughout satry. Methods of communication that may be specified by the permit Include voice, voice powered radio, tapping or rapping codes on tank walls, signalling tugs on a rope, and the attendant, observation that work activities such as chipping, grinding. welding, spraying, etc., which require deirbante operator control continue normally. These activities often generate so much noise that the necessary bearing protection makes communication by voice difcult Rescue procedures. Anptable msaus procedures include entry by a team'of employwncven. use of public emergency Benton, and procedures for breaching the Tank. The area permit spedCes which procedures are inllable. but the area supervisor makes the Anal dedsion based on dreumstancn (Certato Injuries may make It aeauary to breach the tank to removes person other than risk additional injury by removal through an existing manhole. Noway, the supervisor must ensure that n0 breaching procedure used for rescue would violate coma of the entry permit- For tnstana. lithe irk must be breached by cutting with a ouch. the tank surfaces lobs cut must be free of volatile or combustible coating within 4 inches (10.16 cm) of the cutting line and the atmosphere within the ink must be below the 33L Aetrievnl line and harnesses. The retrieval Imes and harnesses generally required under this standard are usually Impractical for use in tanks beause the Internal canrguntloa of the tanks and their interior battles and other structures would prevent rescues from hauling out injured entrants. However, udess the rescue procedure calls for breaching the tank for rescue, the rescue team shall be trained In the use of retrieval lines and harnesses for removing Injured employees through manholes. R. Repoli or service of "Lead" faith and bulk Wlers. Soursss of hazards. In addition to faring the potential hands encountered in fabrication a manuhcturia& mnb a tzallen wbkh have been in service may contain residues of dangerous materials. whether left ova from the transportation of hazardous cargoes or generated by cbenstal a bacterial action on residues of hon•buudous carboet. Control of canosphsric hazards. A'tased" tank shall be brought into areas wbere tank entry Is authorized only after the tint has been emptied. cleansed (without employee entry) of any residues, and purged of any potential atmospheric hazards. Welding. In addition to tank cleaning for control of atmospheric hazards, coating and surface materials shall be removed 4 Inches (ilk 16 ®) or more from any surface area when welding or other torch work will be dote and an liken that the atmosphere within the lank remaine well below the I.PL (Follow the requirements of 29 tax 1910, Subpart Q, OSHA's welding standard, at all times.) Permits. An entry permit valid far up tot year shall be issued prior to authrrintioa of entry Into used tank trailers. dry bulk ireilen or trucks. In addition to the preeaty cleaning requiremeok this permit shall require the employee safeguards specified for new tank fabrication or construction permit areas. Authorization Only the area supervisor may authorize an employee to enter a tank trailer, dry bulk teildr or truck within the permit area. The area supesvksa must determine that the entry permit requirements have been met before authoridng entry. ,, I 1 I. Ii I I Li LI 1 4560 Federal Register 1 Vol. 58. No. g / Thursday. January 14, 1993 1 Rules and I C I I I if Appeodis D to It1110.14E-- Fle Permits Appendix D - IA Sewer Entry Permir Confined Space Pre -Entry Check List See Safety Procedure. A confined space either is entered through an opening other than a door (such as manhole or side port) or requires the use of a ladder or rungs to reach the working level and test results are satisfactory. This check list must be filled out whenever the job site meets this criteria. Yes No 1 be d your survey of free of hazards t such he ras drift rcutinarea show 1 ng vapors from ( ) ( ) tanks, piping or sewers? 2. Does your knowledge of industrial or other ( ) ( ) discharges indicate this area is likely to remain free of dangerous air contaminants while occupied? 3. Are you certified in operation of the gas monitor ( ) ( to be used? 4. Has a gas monitor functional test (Bump Test) been ( ) ( ) performed this shift on the gas monitor to be used?' 5. Did you test the atmosphere of the confined space ( ) ( prior to entry? 6. Did the atmosphere check as acceptable (no alarms ( ) ( given)? 7. Will the atmosphere be continuously monitored while ( ) ( the space is occupied? ire Contact County Centrex for personnel rescue u on -site al at fire department in the event of an emergency. Regional Treatment Plant, contact the Plant Control Center (PCC). Notice: if any of the above questions are answered -no enter. Contact your.irnediate supervisor. • Job Location LEAD MAN oat signature • not rederal Register I VOL .58. No. 8 / Thundap. January 14. 1991 I Rules and Regulstlons 4361 0- 0 Z V x V V V V V V V V V V-- V V �. -.. ... .. .. -... ... -- O '00 .0 V41 Cc C a° OIL. 1 —o C m 7 O 7 V L a 0 D V p O x L J - a L U .1 C C •.-1 > m C C A m C V I"1 O •O.O0 CC cc E z 'a C0 0LI 00 w O'0 •• O C -. m aJ 1J Y >1 Cl Nam 'P Cm uv4L,L :'-m•C E •0 mC E..,C LI >x Li >.>.0 M1 T 0c O.C a 0 ..Is C C-4 w .UOb r r W 0 A C +1 c D U V y >. 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C cO ~O Y ^ V p La p Y „ •m 4) a1 w U u pJa •o 0 0 • m 0 a 0 C Y a 4 M a C>> E o U +' c.o a yr V C Lr C O m 'i -C 0 DC> u •C .Lapp •C am0 O9 EOC L U O>pdaa0Cy V a>m O. .0 p"m CU 01' u c. -.o0 0- ^' D m c E L .0 C. A 0. n m C m V U C V d a' M L - N O 6 VC La w r,' .w V L J • V Y u L 0 1 V J 0 7 C Q O U V.a 00 `I V Y.ywc O' oz D0U U a9 VCE ° °a L>S a C L m 0 w•m a: u c"cc„I.,, umw ,mw"rci aw L -1x aQ.. .7 Yu C m C V 0a, C m CsCx x�C am q�6 rEE V> UV p k. Y?V C acne QmJC As y0M Cpm - C omx W t D e. u.yw `1' a C O U a �O s, >p C t.C•�Y• &U&a Eft •.4k0L3) Lost= 84C Y w 0 h 9 L a OR P I 1 I I 1 La I I I II I. 4562 Feder&] Rrg(ster / Vol- 58, No. 9 / Thursday. January 14, 199] / Rules mad I I I I I 1 1 I. 1 d Y 0 C, a p I' 14 Y U ZO o� o mcc 0 �u a Ov =a L m u ac> -c 2; .w a O W N <<00 U Ow- 41 6m W + � 7 C. N 1A C 0 •w U Y O Y a 0 0 J a Y a U, pl Y Iilillll Illlllll�06 Qii ii olll� 11111111a a� a F- 2 a 1111111/3 0Ya o"eU lllllillac X • O 0 .w Y C C, y p p a Y SJC 10 14W ..W' M 0. aJa z d d WTO > 0'I I I I'I'I I I— D= a 0 C, .1 t C V a 0 ZOO a LOu r •M t1I UL� .. �-3WXZ c0 i 111 111 Im O 1n as OxUV .a.Z Ja a H S w C d Y C G N G y O as�c0a0o IIIIIII14 1�� c 0 41 O C C xx cC sN o tTL =[Lm 0141-w V Y CJ H 7..1Y0a1 LJaCGF J1cjj0 IGkcWna O • sf0s ..ZO G aLaLa a w YOO^� Ina �'^�dV at- I I i 1. 07 U ^1 u el • • • • • `J. 0 47 J41,0> / y°L F ola0i0+96 >, mo I •I I I I I I^ m £� 9k clag. ,n 0- 6p �. etc•Yuaaaa ^ . H I/�O( a YJ~O✓1 ..YO ft . O OC p a •cP Orl N 41 r• J a am..D••—.. E. tm. I. o00 d a D 4 0 �> M c 7 O C r• 0 0 0 rz+ z Z H W N C CCq M 9 a 41 H a J =d ti I� Li 0L J 0> JLC Vs) 1Jx '� a d• m p O = OOVQ Op aH6c HF 0MVUV' 00 Imp V.O O C. � Q 1 y.Li OO "pH W C IdV pp p4)4Ca Sm0 MpQt a>...•-.414 Z Z p M O p O Y 0 pWl N O► OZ S V' 0 yluq.i •u111 CCaa+m.J.. 0FF0 Yucca �E.. .. b. a .1 .1 ... Q . !pQpl!'Q aJ ,NN(J J.- O C}J—t-4h a 7 d zf �pn+J yL�cLLGCF 7 p�p5 do40 mO t � o o Coca.' ONpp.5 Y >.>.p Y ` Uy Cu N O Cu W z z Z O ai a0 N cca OW Om a K H Of 'm N M's. Z< 0 N4. �O a r 4 a I2 N.V rr41 cm . .. N C' N>' In" v O •1 tic • ON J to Cu M 00% O Y a nOU BUY p: n C -C... (00. J C Y a a 0 0 O 000. cm P N d O J c s)-. WD lo It 00 II>hi h. �> y „z,1m N�H OF Z O u ¢< CC • 6.36 4 Federal Register I Vol. 58, No. 9 / Thundey, l�uY 1e• 'u" ' "'" 2" .. al b ad M and emergency amines In Appendix Eta lj1a 10.116—Saww SPtam Entry Sewer entry difleen in three vital respects from other permit entries; Ent. then rarely ealsu any way to Completely isolate the space (a section of; continuous gItem) to be catered: second. because l$olation Is not complete. the atmospbere may suddenly and unpredictably become lethally hamrdous (toxic, flammable or exploslve) born causes beyond the control of the .Chant or employer, and third. experienced sewer workers an especially knowledgeable In entry and work In their permit spices because otthetr frequent entries. Unlike other employments when permit space entry Is a rare and exceptional event, sewer workers'usual work envuoamcut is a permit space. (1) Adherence to procedure. The employer should designate as entrants only emp.oyees who a e thoroughly trained in the employers sewer entry procedures sad who demonstrate that they follow these entry procedures exactly as prescribed when performing sewer entries. (2) Atmospheric monitoring. £otrants should be trained in the use ot, and be equipped with. atmospheric monitoring equipment which rounds an auwbla um, to addition to its visual readout, wbenever one of the following Conditions Is encountered: oxygen concentration less than 19.5 pc�nt: flammable yea vapor it 10 peroent or mom of the lower flammable limit (lit): or hydrogen sulfide or arboo monoxide at or above their FE!. (10 ppm or So ppm, respectively); or. if a broad range sensor device Is used. at 1ppm La characterized by its response to toluene. Normally, the oxygen senaodbroed range sensor instrument Is best suited for sewer entry. However. jubilance specific devices should be used whenever actual eontamineou have been ldentihed. The instrument should be carried and used by the unbent in sewer line work to monitor the atmosphere In the entrant's environment. and in adaace or the entreats' direction of coo nman4 to w►m the entreat of any deterioration in atmospberie conditions. When several entrants an working together in the same immediate location. one Instrument used by the lead entrant. is acceptable. (3) Surge flow and flooding. Sawa crew$ should develop and maintain liaison, to the extett possible, with the loci weather ureau a -- theatre' so that Bawer work may be delayed or Interrupted and entrants withdrawn whenever sewer lines might be suddenly flooded by min a fin suppression activities, or whenever flammable or other hazardous materials are released into sewer dwicg emergencies by industrial or transportation accidents. N) Special Equipment Entry into large bore sewen may sequin the use of special equipment Such equipment might Include such items as atmosphere monitoring devices with automatic audible alarms. escape self- contained brath;ng apparatus (ES®A) with. at least 10 minute air supply (or other NIOSH approved self -rescuer), and waterproof flashlights, and may also Include boats and raps. radios tad rope stand-offs k at pulling around bends and amen as needed (FR Doc 93-516 Filed 1-11-1993: 9:15 amt Basic CODE its -s- 1 II I 1 .1 •1 I I U A General D1-6 MEASUREMENT AND PAYMENT The Contract price shall cover all Work required by the Contract Documents. All costs in connection with the proper and successful completion of the Work, including furnishing all materials, equipment, supplies, and appurtenances; providing all equipment and tools; and performing all necessary labor and supervision to fully complete the Work, shall be included in the unit and lump sum prices bid. All Work not specifically set forth as a pay item in the Agreement shall be considered a subsidiary obligation of Contractor and all costs in connection therewith shall be included in the Contract prices. 1. Estimated Quantities I L Quantities stipulated in the Bid Form or Contract Documents are approximate and are to be used only (a) as a basis for estimating the probable cost of the Work and (b) for the purpose of comparing the bids submitted for the Work. The actual amounts of work done and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for work and materials will be the actual amount of work done and materials furnished. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amounts of work actually performed and materials actually furnished and the estimated amounts therefore. 1 2. Measurements and Payments LI II I I I I Payments will be made in accordance with the General Conditions for actual quantities constructed or installed in accordance with the Contract Documents, be they more or less than the listed quantities; said quantities being measured as hereinafter specified. 3. Items Not Listed In Contract There shall be no measurement or separate payment for any items not listed in the Contract and all costs pertaining thereto shall be included in the contract unit prices for other items listed. END OF SECTION D1-6 I City of Fayetteville D1-6(1) Sewer System Improvements D1-7 MANHOLE TESTING 1. Scope This section describes manhole testing to effectively confirm the watertight integrity of new manholes. 2. Description a. Infiltration may be observed in manhole defects at manhole walls, pipe seals or bench/trough areas. Infiltration related repairs are intended to eliminate leakage of groundwater into manholes. b. Inflow may be observed in manhole defects at manhole frames, covers, frame seals, grade adjustments, grade adjustment seals, corbels, or walls. Inflow related repairs are intended to eliminate sources of surface water entry that become active during rainfall events. 3. Testing, Observations and Guarantee Period a. The testing required shall be performed by the Contractor at locations designated by the Engineer and documented to the satisfaction of the Engineer. b. Any new manholes that are observed to be leaking by the Engineer shall be repaired by the Contractor and retested. K... Not specified. C. Execution 1. Infiltration Testing ' a. All new manholes shall be vacuum tested by the contractor in the presence of the Engineer for sources of infiltration. Testing will be made during high groundwater conditions, wherever possible. I ' D1-7(1) City of Fayetteville Sewer System Improvements I b. Manholes shall be tested after installation with all connections (existing and/or proposed) in place. Drop -connections and gas sealing connections shall be installed prior to testing. The lines entering the manhole shall be temporally plugged with the plugs braced to prevent them from being drawn into the manhole. The plugs shall be installed in the lines beyond drop -connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations. A vacuum of 10 inches of mercury shall be drawn, and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. If the drop in the level is less than 1 -inch of mercury (final vacuum greater than 9 inches of mercury), the manhole will have passed the vacuum test. After a successful test, the temporary plugs will be removed. The required test time is determined from Table I. Table I MINIMUM TIME REQUIRED FOR A VACUUM DROP OF 1" H (10"H - 9"N) (MIN:SEC) HEIGHT OF M.N. (DEPTH IN FT.) 48" M.H. 60" M.H. T2" M.H. 0 - 20' :40 :50 - 1:00 22' :44 :55 1:06 24' :48 1:00 1:12 26' - :52 1:05 1:18 28' :56 1:10 1:24 30' 1:00 1:15 1:30 ADDITIONAL 2' DEPTHS -ADD FOR EACH 2' :04 :05 :06 c. Manhole vacuum levels observed to drop greater than 1 -inch of mercury (Final vacuum less than 9 inches of mercury) will have failed the test. The Contractor shall make the necessary repairs acceptable to the Engineer at no additional compensation. The manhole shall then be retested as described above until a successful test is made. I I I I I I I L I I Li City of Fayetteville D1-7(2) Sewer System Improvements I 2. Inflow Testing a. All new manholes and manholes where new pipe connections are made shall be dyed water tested. 1 Manholes shall be dye water tested in the presence of the Engineer. The dye test shall consist of applying a concentrated dye solution around the ' manhole frame. Dyed water shall be applied for at least ten minutes. b. Manholes observed to be actively leaking will have failed the test and will not be acceptable. Manholes failing the test will be repaired by the Contractor, as acceptable to the Engineer, at no additional compensation. The manhole shall then be retested as described above until a successful test is made. D. Measurement and Payment No contract unit prices are established for manhole testing. However, specific sections of the Contract Documents indicate that certain percentages of various contract prices will not be eligible for payment unless testing has been performed. 1 END OF SECTION D1-7 L I I I D1-7(3) City of Fayetteville 1 Sewer System Improvements I 1 I. A 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 D1-8 SANITARY SEWER REPAIR TESTING 1. Scope This section describes sewer repair testing required to effectively confirm the watertight integrity of sewer lines following sanitary sewer repairs. 2. Description All repaired sewers shall be tested by the Contractor to determine if infiltration and inflow have been eliminated through rehabilitation work. The testing required shall be as designated by the Engineer and documented to the satisfaction of the Engineer. Internal television inspection during high groundwater conditions shall be performed on all repaired sewer line segments, after backfilling has been completed, to verify the adequacy of the sewer pipe rehabilitation work. Cleaning and internal television inspection of sanitary sewers shall be performed in accordance with Section D2-15 of the Specifications. B. Materials Not specified. C. Execution 1. Sewers with selected sewer repairs shall be internally televised with a color camera while jetting the backfill to simulate high groundwater conditions to determine the adequacy of each repair. In areas where the repaired sanitary sewer section crosses an existing storm drain or ditch, dyed water flooding of the storm drain (using suitably sized pneumatic or mechanical pipeline plugs) or ditch section shall be required along with concurrent internal televising of the sanitary line segment. The downstream sanitary manhole shall be checked for evidence of dye in the sanitary manhole. If dye does not immediately appear, a period of one hour shall elapse before internal television inspection is performed. The test shall be performed in the presence of the Engineer. VHS video tapes of the entire sewer line segment shall be provided to the Engineer. D1-8(1) City of Fayetteville Sewer System Improvements 2. Acceptable Limitations for Acceptance The following observations shall be utilized to determine if repairs are inadequate or improper. 1) Leaking Joints greater than one (1) drip per five (5) seconds. 2) offset or misaligned joints greater than 1/4 -inch 3) Cracked or broken pipe 4) Poor grade 5) Any other defects determined unsafe or hazardous by the Engineer 4. VHS video tapes shall become the property of the Owner following completion of construction. If the repair of the defect is determined to be improper or inadequate by the Engineer the Contractor shall again repair the defect at no additional compensation. II.y -.. ,MsWice '. in-, No Contract Prices are established for Sanitary Sewer Repair Testing. However, specific sections of the Contract Documents indicate that certain percentages of various Contract prices will not be eligible for payment unless testing has been performed. END OF SECTION D1-8 City of Fayetteville D1-8(2) Sewer System Improvements I D1-9 SANITARY SEWER CONSTRUCTION TESTING A. General 1. scope This Section governs the furnishing of all labor, equipment, tools and materials, for the performance of acceptance tests. 2. Description The Contractor shall furnish all materials, water, equipment, labor and reports for the required tests. 1 All pipelines, including repaired building service lines shall undergo and pass tests to determine the soundness and workmanship regarding alignment, grade, ' infiltration, exfiltration and/or pressure. Pipelines which do not conform to the project requirements shall be repaired and/or replaced along with all appurtenant work necessary to complete the entire work according to the Contract Documents at no additional cost to the Owner and shall be retested until the pipeline is of a condition meeting the project requirements. Results of ' each test shall be recorded by the Contractor in a neat, professional,. manner and three (3) copies shall be submitted to the Engineer. Test shall be performed after backfill and compaction operation has been completed and in the presence of the Engineer. Testing for acceptability of the sanitary sewers shall be conducted by: a. Internal Inspection • b. Infiltration Test c. Low Pressure Air Test (Exfiltration) d. Deflection Test At a minimum either the low pressure air test or the infiltration test, in addition to internal inspection, shall be required for acceptance of the sanitary sewers. Deflection testing shall be required for polyvinylchloride pipe. Where the new sewer constructed replaces an existing sewer with active service connections, only internal inspection during high groundwater conditions shall be required. The Engineer may require individual joints to be pressure tested. If all joint test results conform to the specified leakage then the cost of the test will be paid for by the Owner. If any joint test results do not conform to specified leakage, then the cost of the test and repairs required to properly install the pipe will be paid for by the Contractor and at no additional cost to the Owner. D1-9(1) City of Fayetteville Sewer System Improvements I Replacement sewers and service laterals that parallel or cross storm drains or ditch sections shall also be tested in accordance with Section D1 -8.C.1 to determine that inflow has been eliminated from the sewer system. Materials Not specified. I C. Execution 1. Alignment and Grade , Check alignment, .grade and visible infiltration by methods of visual internal inspection; and by television inspection. Laser equipment is recommended to test the pipe grade and alignment. a. Visual Internal Inspection , 1) Clean pipe of excess mortar, joint sealant and other dirt and debris prior to -inspection. 2) Inspect sewer by flashing a light between manhole and/or by physical passage where space permits. Determine from illumination and/or physical inspection the presence of any misaligned, displaced, or broken pipe and the presence of visible infiltration or other defects. b. Internally inspect each line segment utilizing a closed circuit color television camera in the presence of the Engineer. In addition, provide a video tape of the sewer line to the Engineer with tapes to become the property of the Owner following completion -of testing. c. If pipe sags or uneven flowlines are observed, the Contractor shall repair or replace the defective segment and retest the segment. 2. Infiltration ' Conduct infiltration tests on sewers before acceptance by the Owner. For sewers with a diameter less than twenty-four (24) inches, the infiltration-exfiltration shall not exceed one hundred (100) gallons per day per inch of nominal diameter per mile of sewer line for any section of the system. For sewers with a diameter twenty-four (24) inches or greater, infiltration- exfiltration shall not exceed six thousand (6,000) gallons per day per mile of pipe. I] I I City of Fayetteville D1-9(2) Sewer System Improvements I I I I I Install weirs or other suitable flowrate measuring devices adequate to determine to the satisfaction of the Engineer that the specified infiltration limit is not exceeded for the reach of gravity sewer where evidence of infiltration is discovered. Where the specified infiltration limit is exceeded, repair or replace the defective reach of pipeline. Following repair of defective reaches of pipeline, remeasure infiltration flowrates and make additional repairs until an acceptable infiltration flowrate is achieved. 3. Low Pressure Air Testing of Gravity Systems (Exfiltration) Ia. Test manholes in accordance with Section Dl -7. I I b. Pipelines Test each section of gravity pipeline between manholes and/or structures after backfilling, separately with equipment and methods as outlined below. 1) Contractor shall perform air ' sizes unless the pipe is of construction. Concrete pipe test. C I I I I I [I I I tests for all pipe concrete must pass a weir 2) Furnish facilities required including necessary piping connections, test pumping equipment, pressure gauges, bulkheads, regulator to avoid overpressurization, and miscellaneous items required. a) The pipe plug for introducing air to the sewer line shall be equipped with two taps. One tap will be used to introduce air into the line being tested through suitable valves and fittings, so that the input air may be regulated. The second tap will be fitted with valves and fittings to accept a pressure test gauge indicating internal pressure in the sewer pipe. Additional valve and fitting will be incorporated on the tap used to check internal pressure so that a second test gauge may be attached to the internal pressure tap. The pressure test gauge will also be used to indicate loss of air pressure due to leaks in the sewer line. D1-9(3) City of Fayetteville Sewer System Improvements I b) The pressure test gauge shall meet the following minimum specifications: Size (diameter) Pressure Range Figure Intervals Minor Subdivisions Pressure Tube Accuracy Dial Pipe Connection 4-1/2 inches 0-15 psi 1 psi Increments 0.05 psi Bourdon Tube or diaphragm Plus or minus 0.25% of maximum scale reading White coated aluminum with black lettering, 270 degree arc and mirror edge Low male 1/2 inch N.P.T. Calibration data shall be supplied with all pressure test gauges. Certification of pressure test gauge will be required from the gauge manufacturer. This certification and calibration data shall be available to the Engineer whenever air tests are performed. 3) Test each reach of sewer pipe between manholes after completion of the installation of pipe and appurtenances and the backfill of sewer trench. 4) Plug ends of line and cap or plug all connections to withstand internal pressure. One of the plugs provided must have two taps for connecting equipment. After connecting air control equipment to the air hose, monitor air pressure so that internal pressure does not exceed 5.0 psig. After reaching 4.0 psig, throttle the air supply to maintain between 4.0 and 3.5 psig for at least two (2) minutes in order to allow equilibrium between air temperature and pipe walls. During this time, check plugs to detect any leakage. If plugs are found to leak, bleed off air, tighten plugs, and again begin supplying air. After temperature has stabilized, the pressure is allowed to decrease to 3.5 psig. At 3.5 psig, begin timing to determine the time required for pressure to drop to 3.0 psig. If the time, in seconds, for the air pressure to decrease from 3.5 psig to 3.0 psig is greater than that shown in the table below, the pipe shall be presumed free of defects. I I I I I I L C I II I [l I I I City of Fayetteville D1-9(4) Sewer System Improvements of the sanitary sewer. Allowances for pipe wall thickness, tolerances of ovality (from heat, shipping, poor production, etc.) shall not be deducted from the "D" dimension but shall be , counted as part of the 5 percent deflection allowance. As an example, the dimensions for the mandrel shown in Figure 1-9.3 for ASTM D-3034 PVC pipe shall be as listed in Table 1-9.2. Each pipe material/type required to be Mandrel tested shall be tested with a mandrel approved by the pipe manufacturer and meeting the requirements of this Section. The "D" mandrel dimension shall carry a tolerance of ±0.01 inches. The mandrel shall be hand pulled through all sewer lines. The contact length (L) shall be measured between points of contact on the mandrel arm. The length shall not be less than as shown in Table 1-9.2. The Contractor shall provide proving rings to check the mandrel. Drawings of mandrels with complete dimensions shall be furnished by the Contractor upon request for each diameter and specification of pipe. c. Individual lines to be tested shall be so tested no sooner than 30 days after they have been installed. d. Wherever possible and practical, testing shall ' initiate/at the downstream lines and proceed towards the upstream lines. e. No pipe shall exceed a deflection of 5 percent. , f. Where deflection is found to be in excess of 5 percent of the original pipe diameter, contractor shall excavate to the point of excess deflection and carefully compact around the point where excess deflection was found. The line shall then be retested for deflection. If the deflected pipe fails to return to the original size (inside diameter) the line shall be replaced. D. Measurement and Payment I No contract prices are established for Sanitary Sewer Construction Testing. ' END OF SECTION D1-9 1 1 City of Fayetteville Dl -9(6) Sewer System Improvements ' I I 1 1 1 Swi.si aa.. nary mmra top" 2 Scmbw cm Vv 36'tr iO amr 0*1111cmi psmoncs 4Q19 alms for small stars mM l-3o't dads �}1 r YNf • VI i1R Iar♦as b ' •Outs .Nam of _.1 C aryr man/rNl It2s 3/16' be' rtoct LOMMI)INAL SaTION OF MANDREL v2'rod rorasrs TRANSVERSE SECTION OF MANDREL ORrr ma l4,N fatricana it Dsrrnnb If i apsclpn Is of spnl aooaaq. Zr . 0.01 END VIEW OF PROVING RING EXAMPLE MANDREL AND PROVING RING (for PVC pipe meeting ASTMD— 3034 only ) FIGURE 1-9.3 TABLE 1-9.2 (9 Arm Mandrel) "D" DIMENSIONS FOR ASTM D3034 SDR 35 For Deflection of 3% 5% NOM. DIA. L (In.) (In.) 8 8 7.71 7.56 10 10 9.63 9.45 12 10 11.46 11.26 15 12 14.03 13.78 (10 Arm Mandrels) "D" DIMENSIONS FOR ASTM D3034 SDR 35 For Deflection of 3% 5% NOM. DIA. L (In•) (In.) 8 8 7.72 7.58 10 10 9.65 9.48 12 10 11.48 11.29 15 12 14.06 13.82 I A. I I I [I I I I I D1-10 TRENCH SAFETY SYSTEM 1. Scope This section describes the trench safety requirements for construction of sanitary sewers and appurtenances in accordance with the Contract Documents. 2. Description The latest version of the U.S. Department of Labor, Occupational Safety and Health Administration Standards, 29 CFR Part 1926, Subpart P -Excavations shall be the minimum governing requirements for trench safety. Trench Protection Protect open cut trenches against collapse as required by State or Federal Laws governing the protection of life or property. Minimum protection shall conform to the recommendations of the occupational Safety and Health Administration Standards (OSHA) for construction. B. Materials Not Specified. C. Execution The Contractor shall be required to submit a site specific trench safety plan prepared, sealed, signed, and dated by a professional engineer registered in the State of Arkansas. The trench safety plan shall specify the method or methods of trench safety to be used with specific. information given for each so that it is clear what is required to meet governing requirements for trench safety. The submittal of the trench safety plan to the Owner and Engineer is for information only. The submittal of the trench safety plan in no way relieves the contractor from his responsibility for trench safety. D1-10(1) City of Fayetteville Sewer System Improvements I D. Measurement and Payment ' Payment for the trench safety system shall be at the Contract Unit Price per linear foot of trench safety system installed in sewer line trenches exceeding five feet in depth. Trench depth is the vertical measurement from the top of the existing ground to the bottom of the pipe or structures. Payment will be made only when trench excavations exceed a depth of five (5) feet and shall be full compensation for any subsurface investigations necessary for design, safety system design, labor, tools, materials, equipment, and: incidentals necessary for the installation and removal of trench safety systems. END OF SECTION D1-10 ' C I C I I I City of Fayetteville D1-10(2) Sewer System Improvements • 29 CFR Ch, XVII (7-1-92 Edition) ' 1 I L I Subpart P —Excavations AUTHORITY: Sec. 107, Contract Worker Hours and Safety Standards Act (Construc- tion Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8; Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059). or 9-83 (48 FR 35736), as ap- plicable, and 29 CFR part 1911. SOURCE: 54 FR 45959, Oct. 31, 1989, unless otherwise noted. § 1926.650 Scope, application, and defini. Lions applicable to this subpart. (a) Scope and application. This sub- part applies to all open excavations made in the earth's surface. Excava- tions are defined to include trenches. (b) Definitions applicable to this subpart. Accepted engineering practices means those requirements which are compatible with standards of practice required by a registered professional engineer. Aluminum Hydraulic Shoring means a pre-engineered shoring system com- prised of aluminum hydraulic cylin- ders (crossbraces) used in conjunction with vertical rails (uprights) or hori- zontal rails (walers). Such system is designed, specifically to support the sidewalls of an excavation and prevent cave-ins. Bell-bottom pier hole means a type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape. 218 I I I I iI J I 17 I I I Occupational Safety and Health Admin., Labor lr, nrhrn� ill, nchnp: s)sifntI nx'ans a method of protccl ing 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. FailLre means the breakage, dis- placement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. Hazardous atmosphere means an at- mosphere which by reason of being ex- plosive, flammable, poisonous, corro- sive, oxidizing, irritating, oxygen defi- cient, toxic, or otherwise harmful, may cause death, illness, or injury. Kickout means the accidental re- lease or failure of a cross brace. Protective system means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an ex- cavation. or from the collapse of adja- cent structures. Protective systems in- clude support systems, sloping and benching systems, shield systems, and other systems that provide the neces, sary protection. § 1926.650 bump iu,:Its an imit:,,i1 sll.uu: ur working surface that is used to gain access to one point from another, and Is constructed from earth or from structural materials such as steel or wood. Registered Professional Engineer means a person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, reg- istered in any state Is deemed to be a "registered professional engineer" within the meaning of this standard when approving designs for "manufac- tured protective systems" or "tabulat- ed data" to be used in interstate com- merce. Sheeting means the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system. Shield (Shield system) means a structure that is able to withstand the forces imposed on It by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work pro- gresses. Additionally, shields can be either premanufactured or job -built in accordance with 41926.652 (c)(3) or (c)(4). Shields used in trenches are usually referred to as "trench boxes" or "trench shields." _ Shoring (Shoring system) means a structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excava- tion and which is designed to prevent cave-ins. Sides. See "Faces." Sloping (Sloping system) means a method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away from the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with differ- ences in such factors as the soil type, environmental conditions of exposure, and application of surcharge loads. Stable rock means natural solid min- eral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the ex - I 219 I § 1926.651 Ca' ti ion is >rrurrd 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 arc not considered structural ramps. Support system means a structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure, underground In- stallation, or the sides of an excava- tion. Tabulated data means tables and charts approved by a registered profes- sional engineer and used to design and construct a protective system. Trench (Trench excavation) means a narrow excavation (in relation to Its length) made below the surface of the ground. In general, the depth is great- er than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet (4.6 m). If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6 m) or less (measured at the bottom of the excavation), the excavation is also con- sidered to be a trench. Trench box. See "Shield." Trench shield. See "Shield." Uprights means the vertical mem- bers of a trench shoring system placed in contact with the earth and usually positioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called "sheeting." Wales means horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth. § 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 - 29 CFR Ch, XVII (7-1-92 Edition) stallxllulls. such as seacr. lcltphunr, 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 —U) 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 I L L L L L L I I L I C 7 I I I 220 F I J J J I I I I I I J I H I I I I Occupational Safety and Health Admin., Labor Iarlii d in a nnuun r 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) Afcans of egress from trench exca- rations. 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 —U) Testing and controls. In addition to the requirements set forth in subparts D and E of this part (29 CPR 1926.50- 1926.107) to prevent exposure to harmful levels of atmospheric con- taminants and to assure acceptable at- mospheric conditions, the following re- quirements shall apply: (1) Where oxygen deficiency (atmos- pheres containing less than 19.5 per- cent- oxygen) or a hazardous atmos- phere exists or could reasonably be ex- § 1926.651 pt -cud to exist. such as In excavations In landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before em- ployees enter excavations greater than 4 feet (1.22 m) In depth. (II) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions in- clude providing proper respiratory protection or ventilation in accordance with subparts D and E of this part re- spectively. (iii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an at- mosphere containing a concentration of a flammable gas in excess of 20 per- cent of the lower flammable limit of the gas. (iv) When controls are used that are intended to reduce the level of atmos- pheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe. (2) Emergency rescue equipment (I) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous at- mospheric conditions exist or may rea- sonably be expected to develop during work in an excavation. This equipment shall be attended when in use. (ii) Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations, shall wear a harness with a life -line securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall be individually at- tended at all times while the employee wearing the lifeline is in the excava- tion. (h) Protection from hazards associ- ated with water accumulation. (1) Em- ployees shall not work in excavations in which there is accumulated water, or in excavations in which water is ac- cumulating, unless adequate precau- tions have been taken to protect em- ployees against the hazards posed by water accumulation. The precautions necessary to protect employees ade- quately vary with each situation, but I 221 I § 1926.651 could include special support or shield systems to protect from cave-ins. water removal to control the level of accumulating water, or use of a safety harness and lifeline. (2) If water is controlled or prevent- ed from accumulating by the use of water removal equipment, the water removal equipment and operations shall be monitored by a competent person to ensure proper operation. (3) If excavation work interrupts the natural drainage of surface water (such as streams), diversion ditches, dikes, or other suitable means shall be used to prevent surface water from en- tering the excavation and to provide adequate drainage of the area adja- cent to the excavation. Excavations subject to runoff from heavy rains will require an inspection by a competent person and compliance with para- graphs (h)(1) and (h)(2) of this sec- tion. (1) Stability of adjacent structures. (1) Where the stability of adjoining buildings. walls, or other structures is endangered by excavation operations, support systems such as shoring, brac- ing, or underpinning shall be provided to ensure the stability of such struc- tures for the protection of employees. (2) Excavation below the level of the base or footing of any foundation or retaining wall that could be reason- ably expected to pose a hazard to em- ployees shall not be permitted except when: (i) A support system, such as under- pinning, is provided to ensure the safety of employees and the stability of the structure; or (ii) The excavation is in stable rock; or (iii) A registered professional engi- neer has approved the determination that the structure is sufficently re- moved from the excavation so as to be unaffected by the excavation activity; or (iv) A registered professional engi- neer has approved the determination that such excavation work will not pose a hazard to employees. (3) Sidewalks, pavements, and appur- tenant structure shall not be under- mined unless a support system or an- other method of protection is provided 29 CFR Ch. XVII (7-1-92 Edition) to protect employers front the puz,ible collapse of such structures. (j) Protection of employees from loose rock or soiL ( I) 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 ha;card 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..ha.z ardous atmospheres, or other hazard- ous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety. (1) Fall protection. (1) Where em- ployees or equipment are required or permitted to cross over excavations. walkways or bridges with standard guardrails shall be provided. P1 I Ti J 1 n .1 I I I J P 11 I J II I II I I I I I I.] I I I I I Li I I CI Occupational Safely and Health Admin., labor I J r Adtqualr b:u : it r ph)>ic:il pro(cc (ion shall be providid at all remotely locntrd excavations. All wells, pits. shafts. etc.. shall be barricaded or cov- ered. Upon completion of exploration and similar operations, temporary w'i'lls, pits. shafts, etc.. shall be back - filled. § 146.43^_ ltcyulrenu•nrs for prolecu\e scslems. (a) Pro(ectiort of employers in ezca- vattons. (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: (it Excavations are made entirely in stable rock: or (ii) Excavations are less than 5 feet (1.52m) in depth and examination of the ground by a competent person provides no indication of a potential cave-in. (2) Protective systems shall have the capacity to resist without failure all loads that are intended or could rea- sonably be expected to be applied or transmitted to the system. (b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the em- ployer or his designee and shall be in accordance with the requirements of paragraph (b)(1): or, in the alterna- tive, paragraph (b)(2): or, in the alter- native, paragraph (b)(3), or, in the al- ternative, paragraph (b)(4), as follows: (1) Option (1) —Allowable configura- tions and slopes. (i) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below. (ii) Slopes specified in paragraph (b)(1)(i) of this section, shall be exca- vated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix B to this subpart. (2) Option (2) —Determination of slopes and configurations using Ap- pendices A and B. Maximum allowable slopes, and allowable configurations for sloping and benching systems, shall be determined in accordance with the conditions and requirements 1926.652 Sit ft,i t h ;'; . aril, t -s A :uul IS to :!tl.• subpart. (3) Option t3)—Deszgn.t using other tabulated data. (I) Designs of sloping or benching systems shall be sclectcd 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 follow.nF: (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 conficura:ion 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. (e) Design of support systems, shield systems, and other protective systems. 223 I 1926.652 Dcsit:ns of support systems shield sys- (ems. and other protective systems shall be selected and constructed by the employer or his designee and shall be In accordance with the require- ments of paragraph (c)(1); or, in the alternative. paragraph (c)(2): or. in the alternative, paragraph (c)(3): or. In the alts rnative. paragraph (c)(4) as fol- lows: (1) Option (1) —Designs using appen- dices A. C and D. Designs for timber shoring in trenches shall be deter- mined in accordance with the condi- tions and requirements set forth in ap- pendices A and C to this subpart. De- signs for aluminum hydraulic shoring shall be in accordance with paragraph (c)(2) of this section, but if manufac- turer's tabulated data cannot be uti- lized. designs shall be in accordance with appendix D. (2) Option (2) —Designs Using Manu- facturer's Tabulated Data. (i) Design of support systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all specifications, recommendations, and limitations issued or made by the man- ufacturer. (ii) Deviation from the specifica- tions. recommendations, and limita- tions issued or made by the manufac- turer shall only be allowed after the manufacturer issues specific written approval. (iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommenda- tions, and limitations shall be in writ- ten form at the jobsite during con- struction of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available to the Secretary upon request. (3) Option (3) —Designs using other tabulated data (I) Designs of support systems, shield systems, or other pro- tective systems shall be selected from and be in accordance with tabulated data, such as tables and charts. (ii) The tabulated data shall be in written form and include all of the fol- lowing: 29 CFR Ch. XVII (7-1-92 Edition) (A) Identification of the parameters that affect the selection of a protec- tive system drawn from such data; (B) Identification of the limits of use of the data: . (C) Explanatory Information as may be necessary to aid the user in making a correct selection of a protective system from the data. (iii) At least one copy of the tabulat- ed data, which identifies the regis- tered professional engineer who ap- proved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made avalable 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 khe 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 I I I I I I U I I I I 224 I I I I i I I I I I I I I I I I Occupational Safety and Health Admin., Labor tun. 11 II t.unln Ient per:.un I:uluul 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) Backfiiling 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 Subpl. P. App. A A'\r:naIIris at lr%cls uUu<<' utlicr 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 11926.652(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 11926.652(c), and the use of the data is I 225 Subpt. P. App. A prrdtratrd on the use or the soil-cla<slfica- tion syslrm set forth in this appendix. (b) Dc/init(ons. The definitions and exam- ples given below are based on, in whole or in part, the following: American Society for Testing Materials (ASTM) Standards D653- 85 and D2488: The Unified Soils Classifica. tion System, The U.S. Department of Agri- culture (USDA) Textural ClacdflcatIon 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 tr 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. Scturated soil means a soil in which the voids are filled with water. Saturation does not require flow. Saturation, or near satura- tion. is necessafy 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- 29 CFR Ch. XVII (7-1-92 Edition) g or it's are drte rml fled 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. S' bmerged soil means soil which is under- water or is free seeping. Tape A means cohesive soils with an un. confined compressive strength of 1.5 ton per square foot (tsf) (144 kPa) or greater. Exam- ples of cohesive soils are: clay, silty clay, sandy clay, clay loam and. In some cases, silty clay loam and sandy clay loam. Ce- mented soils such as caliche and hardpan are also considered Type A. However, no soil Is Type A if: (1) The soil is fissured: or (ill 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:lV) 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. to some cases, silty clay loam and sandy clay loam. (iii) Previously disturbed soils except those which would otherwise be classed as Type C soil. (Iv) Soil that meets the unconfined com- pressive strength or cementation require- ments for Type A, but is fissured or subject to vibration; or (v) Dry rock that is not stable: or (vi) Material that is part of asloped, 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:1 V) or steeper. I Li I I I H L I L I 226 I I F I I I L' I I E k I I I I I I I I Occupational Safety and Health Admin., Labor ( p, V1,1:11,( „". J:: f -L3111' S.:,*1I t.'tti ❑l, all:. the load per unit. an'A at which a soil will fall in emnpression. 1t can be determined by laboratory test tug, or estimated in the field using a pocket penetrometer, by thumb pen- etrallon tests. and other methods. 14'rt soil means soil that contains slgnlil• eantly more moisture than moist soil, but In such a range of values that cohesive materi- al wilt slump or begin to fle•.v when vibrated. Granular material that would exhibit cohe- sive properties when moist will lose those cohesive properties when wet. (c) RrQuirrmcllts—(I) Clcssifiralion of soil and rock deposits. Each soli and rock deposit shall be classified by a competent person as St:.blc Rock. Type A. Type B, or Type C In accordance with the definitions set forth in paragraph (b) of this appendix. (2) Bcsis of classtfication. The cliuviflca- 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 ranuat 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 .'o 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 Iles under a less stable layer. (5) RecIasstficction. 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. Subpt. P, App. A iii l •t.,:%t Noli its 11 is 1'x, al;U vii `till that remains In clumps when cxrASall'd Is eohosivc. Soil that breaks up dully and does not stay in clumps is granular. (Iii) Observe the side of the opcnrd exca- vation and the surface area adjacent to the excavation. Cracklikeopenings such as ten- sion cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fi.. ured. Small spalls Are evl- dvnrc of moving ground and arc Indications of potentially hazardous situations. (h') 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 stabiiit:y of the excavation face. (2) Mant.al 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 Ye -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 Y. -Inch thread can be held on one end without tear- ing, the soil Is cohesive. (ii) Dry strength. If the soil is dry and crumbles on its own or with moderate pres- sure into individual grains or fine powder. it is granular (any combination of gravel, sand, or silt). If the soil is dry and falls into clumps which break up Into smaller clumps, but the smaller clumps can only be broken up with difficulty, It may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there Is no visual indication the soil is fissured, the soil may be considered unfissured. (iii) Thumb penetration. The thumb pene- tration test can be used to estimate the un- confined compressive strength of cohesive soils. (This test is based on the thumb pene- tration test described in American Society for Testing and Materials (ASTM) Standard designation D2488 —"Standard Recommend- ed Practice for Description of Soils (Visual - 227 I Subpt. P, App. B MRI1nRI Procedure).' ) Type. A salts wltlt 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 isf can be easily penetrated several inches by the thumb, and can be molded by light finger pressure: This test should be conducted on an undisturbed soil sample. such as a large clump of spoil. as soon as practicable after excavation to keep to a ml• minum the effects of exposure to drying in- fluences. If the excavation is later exposed to wetting influences (rain, flooding), the classification of the soil must be changed ac- cordingly. (Iv) Other strength tests. Estimates of un- confined compressive strength of soils can also be obtained by use of a pocket pene- trometer or by using a hand -operated shear - vane. (v) Drying tesL 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, pulv-erh.e 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 - 29 CFR Ch. XVII (7-1-92 (dillon) Ing prutrctflt- $) sirens Is to br prrfoI['wd Ill accordance with the requirements set forth In 11926.652(bu2). (b) Dc/lnitions. Actual slope means the slope to which an excavation face is excavated. Distress means that the soil is in a condl• Clan 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- tionand 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 allotrcbte 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 teen 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 b horizontal to one vertical (vxH: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 4 1926.651(1). (4) Cort'igurations. Configurations of slop- ing and benching systems shall be in accord- ance with Figure B-1. Li I I 1a I I I I LI 11 I 228 Occupational Safety and Health Admin., Labor I/III Y. i MAXIMUM ALLOWABLE Si UPtS Subpt. P, App. B MIL OR ROCK TYPE PA•IMoM ALLOWABLE SLOPES(H:V)tl] FOR LXCAYAlIONSLESSTHAN 20FE(1 r SIABLE ROCK VERTICAL L9) TYPE A 1: 1 3/4 : 1 (539 1YPE 6 1:1 (459 TYPE C 15:1 (340) NOTES: 1. Numbers shown in parentheses next to maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off. 2. A short-term maxittum allowable slope of I/2H:IV (63') is allowed in excavations in Type A soil that are 12 feet (3.67 n) or less in depth. short-term maximum allowable slopes for excavations greater than 12 feet (3.67 m) in depth shall be 3/4H:IV (53'). 3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. Figure B-1 Slope Configurations (All slopes stated below are in the horizontal to vertical ratio) B-1.1 Excavations made in Type A soiL 1. All simple slope excavation 20 feet or less In depth shall have a maximum allowable slope of i5:1. Subpl. P, App. 9 I 20' Max. 29 CFR Ch. XVII (7-1-92 Edlllon) 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 4c:1. SIMPLE SLOPE -SHORT TERM 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 3/. to 1 and maximum bench dimensions as follows: 230 Occupational Safety and Health Admin., Labor SIMPLE BENCH Subpt. P. App. S I / ,, Lu 20' Max. / 5' Max. / 3/4 / / 4' Max. // MULTIPLE BENCH 3. All excavations 8 feet or less in depth which have unsupported vertically sided lower portions shall have a maximum vertical side of 354 feet. 8' Max. 3=' 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 rm ,durum vertical side of 3V: feet. 231 Subpt. P, App. B 29 CFR Ch. XVII (T 1-92 Edition) UNSUPPORTED VERTICALLY SIDED LOWER PORTION —MAXIMUM 12 FEET IN DEPTH All excavations 20 fret 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 IS Inches above the top of the vertical side. 'jpport or shield •system 1 20' Max. `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). B-1.2 Excavations Made in Type B Soil 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1. SIMPLE SLOPE 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1 and maximum bench dimensions as follows: I Occupational Safety and Health Admin., Labor Svbpt. P, App. S This bench allowed in cohesive soil only. 20' Max 4' Max. 1 20' Max. SINGLE BENCH This bench allowed in cohesive soil only 4' Max.: Y Max. 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 N). II n I 20' Max. �, 1 8" Min. Total height of vertical side 233 II Subpt. P. App. B 29 CFR Ch. XV11 (7-1-92 Edition) VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shall be In accordance with the other options permitted In q 1926.652(b). B-1.3 Excavations Made In Type C Soil 1. All simple slope excavations 20 fret or less in depth shall have a maximum allowable slope of 114:1. 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 1%:l. PS 20' Max. Support or shield system l8" Min. iTotal height of vertical side 11 I 1 1 1 1 234 Occupational Safety and Health Admin., Labor Subpt. P. App. 5 VERTICAL SIDED LOWER PORTION 3. All other sloped excavations shall be In accordance with the other options permitted in 4 1926.652(b). B-1.4 Excavations Made in Layered Soils 1. Ail 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 OPERA C OV_R d I 235 Subpt. P, App. C A OVER B A OVER C B OVER C 29 CFR Ch. XVII (7-1-92 Edition) B �1 t4 C . i t4 2. All other sloped excavations shall be in accordance with the other options permitted in I; 1926.652(b). APPENDIX C TO SUBPART P -TIMBER SHORING FOR TRENCHES (a) Scope. This appendix contains infor- mation that can be used timber shoring is provided as a method of protection from cave-ins In trenches that do not exceed 20 feet (6.1 m) in depth. This appendix must be used when design of timber shoring protec- tive systems is to be performed in accord- ance with ; 1926.652(cX1). Other timber shoring configurations: other systems of support such as hydraulic and pneumatic systems: and other protective systems such as sloping, benching, shielding, and freezing systems must be designed in accordance with the requirements set forth in 4 1926.652(b) and 1 1926.652(c). (b) Soil Classification. In order to use the data presented in this appendix, the soil type or types in which the excavation Is made must first be determined using the soil classification method set forth In appen- dix A of subpart P of this part. (c) Presentation of Information. Informa- tion is presented In several forms as follows: (1) Information is presented in tabular form in Tables C-1.1. C-1.2, and C-1.3. and Tables C-2.1. C-2.2 and C-2.3 following A I I I I Li L I I I I I I I I [_J I I I Occupationol Softy and H•alth Admin., Labor It: t[i ,t)'I, "I of llit nppe n0t\. F.HI'It titblt• presents the n)Inbnum sizes of timber mem- bers to use in a Rltoring system. and each table contain data only for the particular soil type in which the excavation or portion of the cxcnvatlon Is made. The data are ar- ran€rd to allow' the user the flexibility to select from among several acceptable con. figuratbits of members based on varying the 11or17AlltAl sparing of the rrossbraces. Stablc rock Is exempt from shoring require- ments and therefore, no data are presented for this condition. 12) Information concerning the basis of the tabular data and the limitations of the dsta 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 hi'- 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.I through C-1.3 and Tables C- 2.1 through C-2.3 are presented in para- graph (g) of this Appendix. (d) Basis and limitations of the data. —(1) Dimensions of timber members. (I) The sizes of the timber members listed in Tables C- 1.1 through C-1.3 are taken from the Na- tional Bureau of Standards (NBS) report, "Recommended Technical Provisions for Construction Practice in Shoring and Slop- ing of Trenches and Excavations." In addi- tion. where NBS did not recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by existing codes and on empirical practice. (ii) The required dimensions of the mem- bers listed in Tables C-1.1 through C-1.3 refer to actual dimensions and not nominal dimensions of the timber. Employers want- ing to use nominal size shoring are directed to Tables C-2.1 through C-2.3. or have this choice under § 1926.652(c)(3). and are re- ferred to The Corps of Engineers. The Bureau of Reclamation or data from other acceptable sources. (2) Limitation of application. (i) It is not intended that the timber shoring specifica- tion apply to every situation that may be experienced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be designed as specified in §1926.652(C). (ii) When any of the following conditions are present. the members specified in the tables are not considered adequate. Either an alternate timber shoring system must be designed or another type of protective system designed In accordance with 1 1926.652. Subpt. P, App. C IAr When loads Imposed b} structure- or by stored material adjacent to the trench weigh In excess of the load imposed by a two foot soil surcharge. The term "adla. cent" as used here means the area within a horizontal distance from the edge of the Irench equal to the depth of the trench. iB) When vertical loads Imposed on cross braces exceed a 240 -pound gravity load dis- Irib, tt-d on A one - foot section of the center of the crus.'brace. CC) 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 arc 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) Ezemples to Illustrate the Use of Tables C-1.1 through C-1.3. (1) Example 1. A trench dug in Type A soil is 13 feet deep and five feet wide. From Table C-1.1, for acceptable arrange- ments of timber can be used. Arrangement #1 Space 4x4 crossbraces at six feet horizon- tally and four feet vertically. Wales are not required. I 237 L Subpt. P, App. C Tarr 3 - 8 ; II'14 hI> nl six (rrl !Irl: nil❑' Iv. 'tins arrnngruttnl Is colnn,nlc called skip shoring. A Ira Il Ve Jllr a f #2 Spare 4 • 6 rrossbrnres at right feet horl- y.ontatly and four hut vertically. Sparc B . 8'ales at four feel wtrucally. Shacr 2 - 6 uprights at four feet honzon- t stir Arro rlonnrnt n3 Space 6 - 6 crossbraces at 10 feet horizon- tally and four feet vertically. Spare 8 . 10 wales at four feet vertically. Space 2 • 6 uprights at five feet horizontal- ly. Arrangement p4 SI'ace 6 - 6 crossbraces at 12 feet hori: on - tally and four feet vertically. Space 10 - 10 wales at four feet vertically. Spaces 3 • 8 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 8.- 8 wales at five feet vertically. Space 2>:6 uprights at two feet horizontal- ly. Arrangement $2 Space 6>:8 crossbraces at eight feet hori- zontally and five feet vertically. Space 10,10 wales at five feet vertically. Space 2x6 uprights at two feet horizontal- ly Arrangement #3 Space 8x8 crossbraces at 10 feet horizon- tally and five feet vertically. Space 10x 12 wales at five feet vertically. Space 2 x6 uprights at two feet vertically. (3) Example 3. A trench dug in Type C soil is 13 feet deep and five feet wide. From Table C-1.3 two acceptable arrange ments of members can be used. Arrangement #1 Space 8x8 crossbraces at six feet horizon- tally and five feet vertically. Space 10x12 12 wales at five feet vertically. Position 2x6 uprights as closely together as possible. If water must be retained use specf tongue and groove uprights to form tigh sheeting. 29 CFR Ch. XVII (7-1-92 Edition) Spare B . 10 ern.. INrar rs at right frrl hori- zunta!Iy and (I%r r. %I % rrticall. Sparc 12 . 12 wairs n' five fret vertirally. Posit 2- 6 uprt�hts in a close sheeting ronflguratlnn units' walvr pressure must be rrsi- 'd. Tight , h'.:: a:4 mist be nsrd where vat r r mrta ust be rmed. 141 Escirlph- 4 A trench dug ;n T' ;'e C soil is 20 feet deep and 11 feel wide. The si,'.r and sparing of ntrn.bers for the section of trench that is over 15 feet in d•-pth is determined using Table C-1.3. Only' one arrangenunt of mem- bers is provided. Space B - 10 crossbraces a; six feet hori- zontally and five feet vertically. Spare 12 • 12 wa`.es at five fret vertically. Use 3 • 6 light r'. 1 e:ing. - Use of Tables C-2.1 through C-2.3 would follow the s:+me procedures. (g) Notes for c:1 Tcbics. 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. greater 4. Wales to be installed with 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 combina:ion 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 a] vertical spacing of crossbra ces is five feet, t place the top crossbrace no more than 2.5 feet below the top of the trench. L II LI El I I LI I Li I I I I 238 a Occupational Safety and Health Admin., Labor P W L L W 6 ] O N W C . v LU W H • .-. N 1 S n W J L 2 q C 1 H in N Z O C v 0- C W C N Subpf. P. App. C L V N G J Q \0 \0 N N O 1 .I a S S u - u J O I Q X C X C en L .J J r \ r v 1 < V a v e e < W C L CC O 0 O '-Jr .J . _s- q J. C C q ^ O O c 'COO x X X x C O \O 6 0 CC ¢ ¢ U'^ o Z r H - W C' U W O Oa < < O a a a a O a W Q 4 ?L N O O O - \0 \J C b \0 \0 q q q C \I'1 iC X X X X X X X X X 'C • 6 \0 0 \0 \C SC \0 \O \0 \0 0 f W N \D \C \O \O \O \O C q ¢ C C W 6 'C x X x X x x x x x x V 0 \O \O \C \O O 10 J \O \O \C C q LU U H \O \O \0 \c \a \0 \C \C .0 \C C ¢ X x X x x X x x x x - ... L c v C C 'C \o v .c 0 C ¢ o _ 1- O - ac 10 a d in \O \O \o C q \O X X aC X x X x 'C X L v a a a so \O \C \0 0 C H C O C - a a C .O a \o \o .0 \o \0 0 a x x X X x aC X x x X x - o < a < .0 \O . \C .C ¢ W O O O O O O O O O O O r W • . 1... .- r 1-. \- 1- I- - r r - ¢ V W q C N .C q O N \C C C N W CCL.. u L L L C. 6 L .� L L L u r L _ L_ _ C 0 = J _ _ _ in I - C r LU V H U O L O W \n O O O O .n O O J N W W W - .". ^ r -. H N J C .- - 239 Subpt. P. App. C 29 CFR Ch. XVII (7-1-92 Edition) f WI — • < r ¢ r Y. % Y. ry N r - C r D .e • x x x x • S< if N N N J` r<a >... IC a C C C N C N N z N z m X X X X % % X X X V. " .C C C m C C m O ry H W C in V < a J - v O O H C s m s m m in X X x X x X x X — .C .C J .G m m m C C F L• N .C m m m m C m m — X X % X X % X X .. .c .c .: ,c m C m m m -0 = C (- .C C r. .O s C m S — S Z C X % X X X X X x C C .= .c m s C m m — ¢ .C X X X X X IC % X X .D .O .D .D m m m C —c o 3 a .C .C m s m c % x x % % x X X .c .D .c .c C .c m m — O r<z H. C O a O O O —o O O — z __ H H H H H H H H H C<L.. — v u.. — =-'-- L L L JO L L L 6' L_ V: 0 VIZ _ _ N Z L Ir Z to — O O OO N N0 O > n C G. H _ H H N F-'— Occupational Safety and Health Admin., labor Svbpt. P, App. C �- G. Y N J � ♦- 4 O N = r 2 : 1- L J - L l < J J C Y -L. NI L • q ry Y h rf L - T _ 4 _ N, H _ sv :: n ✓' r ✓fl C. r M1 L L J iLL J • v W O ry fl N N N m- h- G tl O i- L V U - F� CE 'Z • L'V ✓: N J1 N N N N L L - 4:< V S >C. G _ N f. :L I• % O O C C C r COzi % X x X X x -: .c_- O m O O C C O J •O O O O N C i * N m m C - - - - L x x x % x X L m m C C G m -. V y T - L 4 ¢ m < V O O C C f L = Z H m m - r =- C ,C x x K X x -- _ - r x x s c m =1— == - O C C > 4 C m - C - - rIN U" — L x X X x x x - E C .e C C m m m —d u C E C O C O F, C — 6 — — V x % X X X X Y_ - C C C C C C — .. V H V i F- C C V — - -.. — —0 _ — Z 4 C p-..- s V ti 6 C ^ = r m '+ d L C<L — U� 4— Lu c. J.. O — LS L L — Y L Y Y^ L 4 0 4- .c l.L = = N Z N Z V. V: 2 N 2 'f. O O ^_ N C C O = 241 Subpl. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) I L1 .- x L 6 N J O C - ,� x C N: x r- C - t- t s x x v _ a 2 Y. X X .J J J J J V.9 - 7 C Ic 0 ✓.t .-, K v. .C .C it .C C i F• `i C x x x o -I G —o uI� LI x __: -j L x x x v P, i 41.j _ 6 rF t C x J• U J O O ry L O .... .. C : O . OC ¢ C C m ¢ — ¢ m — — O m 'L 'J 2� X X Zd X X X X X X X C .. yt x Y ¢ ¢ x .C x. m C C m ¢ 41 t.. r. 2:II G Y T U HI J E zI r Ui X d d -T -T d d -T •'LJa Z IV < W v -T .1 Y. J L, i J L :i _ a c c l c u <I t X -. X X X X x X % X X X X X L. y� : V -T .C .C 'C .C w: .C .O .O .C .C C N Z N L Y . J , c G N m _ - .c .C .C .C .C .C .C .C .o .o ¢ — N X X X X X X X X X X X LN _' ti H Us Z Q S: - -T J' `. .C C it C C .C ' •C .C CU. % X X X x. % X X X X X C �T -T C .C .D Z W r _ J L G Y - C J. D N f .D c . 'C I O. s O*-. '3 •T .O .C < .C it 'C X % X ,C D• d 5._i'" :) O X X X X X X % X O .C .O C 4,! y -1 d J > -t -T .C .C O -o 3 C x x X x x x X x x x X u .1 -t -1 < S S .C S _ ` O • -i Y • L C C C O tCz C C C C C z O Z .. F- F 1- F I- F• F- - F• F F - Z _ c _N -F- C 6 v - - - LL _ ^ N C O G C C O t: C . Z V: C c , F I Occupational Safety and Health Admin., Labor Subpt. P. App. C a V 2 J C- U, J J C N >: % J O r J r ry i W n —Y S W >:X x W 1r nJ J o O O O 0 X X X X J J J W p 3 • N C ¢ S N .c J H C .t >: Y. X X >: >: _ f r 7 _ U n n n J J . f W T ]. 1 W1 V a U C Y .z J N r o W • SV. > L J u r. H 0.' — u L IaJ y O O C u O N U,'.' X X X X x Y. Y. X Y. C I... C C C O C C O N Y I- v U .C L L D Z _ a Y T td n U U C [' n < • S. N E U r G F W N N in N N N N L Z ♦ N y U N N W =— >O-'. r Y C X 6 4- ; O j X K X X x X X X X C N Z .p •L• .C .C C C' ¢ C C La C x 4-0 N C N L C C C C C C r W N .C .C' x X X X X X x X J] — j Ir L x .C C C .C ¢ C .C C C • •� V r J J Z S W L0 r G a c = X x X x x X x x W F• c S G w. < ¢ C S C ¢ C J - L L O J Y r o O C r d C C ¢ C C Q J ~ .0 .C .C .C X X x X x Y E G X x x x 3 O H .C L L C C C C C - . .C x x x X X x x x x �• ] J J J .l C C .C .C .C' C 7 V N F i- F - F N F - F F H Z . Z r~ ¢ fJ .C ¢ C .C C C J S C C C O < W - - C J - Y J W CE C E LL 1 G y_ _ _ L G _ J = 'J. Z = J .t= J O O N Z . z h U- G . Z W ^ Ory W O W W N C C C N H C' O C W F-- - - - - 1- v 243 Subpl. P. App. C 29 CFR Ch. XVII (7-1-92 Edllion) U L J { W Ir Y J C a C x x x r. r. x x • • Z — F W W J L W ac 4 C N O N n % y C C C N O C = r id rf. Y' J' I. O m s m m m x x x x m m m m m ¢ O a s m s m x x x x % x a m x s s m S L m ¢ m m % % % X C O =01-. a a a m m m X X X X X X .O .G L rG m G 3 C ~ a K G m m ¢ ` X X X X X % a a a a m ¢ _ F- F _ _ _ a x V a C O 1 m V U a C W c Yl C. Q )4•) U O ✓ @JJ CJ ✓ C 4i Lv C. L L 410 L 6 VO OJ YO NG Y O G Y. V: Z ✓i2 fA2 _6 InZ of t_;,- _1.. �-• F N r4 C L V t C a A I I I I I L I I I [1 I I I I Occupational Safety and Health Admin., labor A t'I'ENnIx D TO SUBPART P -ALUMINUM HYDRAULIC SHORING FOR TRENCHES (a) Scope. This appendix contains Infor- mation that can be use's when aluminum hydraulic shoring Is provided RS a method of protection against cR%e-Ins in trenches that do not exceed 20 feet (6.1m) to depth. This appendix must be tisrd when design of the aluminum hydraulic protective system cannot t.e 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) Prrscntation 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 un-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 cnd limitations of the data. (1) Vertical shore rails and horizonta wales are those that meet the Section Mod- ulus requirements in the D-1 Tables. Alumi- num material is 6061-T6 or material of equivalent strength and properties. (2) Hydraulic cylinders specifications. (1) 2 -inch cylinders shall be a minimum 2 -inch inside diameter with a minimum safe work- Ing capacity of no less than 18,000 pounds axial compressive load at maximum exten- sion. Maximum extension is to include full range of cylinder extensions as recommend- ed by product manufaturer. (11) 3 -inch cylinders shall be a minimum 3 - Inch inside diameter with a safe working ca- Subpt. P. App. D p:t, It) ut nut Ir.:. tint: :iU.PUh I'.::nd> a\utl cumpresslve load at extvnslmt< as recom. mended by product manufacturer. (3) Limitation of application. (I) It is not intended that the aluminum hydraulic specification apply to every situa- tion that may be experienced in the field. These data were developed to apply to the situations that are most commonly expert- enced In current trenching practice. Shoring systems for use In situations Iha: Are not covered by the data In this appendix must be otherwise designed as specified in q 1926.652(c). (it) When any of the following conditions are present, the members specified in the Tables are not considered adtaua:e. In this case. an alternative aluminum hydraulic shoring system or other type of protective system must be designed in accordance with 41926.652. (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 lop of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables fl -L1, D-1.2, D-1.3 and D-1.4. The members of the shoring system that are to be selected using this informa- tion are the hydraulic cylinders, and either the vertical shores or the horizontal wales. When a waler system is used the vertical timber sheeting to be used is also selected from these tables. The Tables D-1.1 and D- 1.2 for vertical shores are used in Type A and B soils that do not require sheeting. Type B soils that may require sheeting. and Type C soils that always require sheeting are found in the horizontal wale Tables D- 1.3 and D-1.4. The soil type must first be de- termined in accordance with the soil classifi- cation system described in appendix A to subpart P of part 1926. Using the appropri- ate table, the selection of the size and spac- ing of the members is made. The selection is based on the depth and width of the trench where the members are to be Installed. In these tables the vertical spacing is held con- stant at four feet on center. The tables show the maximum horizontal spacing of cylinders allowed for each size of wale In the waler system tables, and In the vertical shore tables, the hydraulic cylinder horizon- tal spacing is the same as the vertical &bore spacing. I 245 I Subp$. P. App. D lf, Fin mph- fu /II ust r,rle (hr I'sr of (hr Tables (I) Example 1: A I renc'h dui: in Type A soil is 6 feet deep and 3 feet wide. From Table D-1.1: Find ver- tical shures and 2 inch din meter eyllnders shared 8 feet kill tinter in.c.) hnrizuntally. and 4 feet on center tot.) vertically. (See Figures I & 3 for Iyp(eat installations.) (2) Example 2: A trench is dug In Type B soil that does not rt'quire slit stirig. 13 feet deep and 5 feet with 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. (Sec Figures 1 & 3 for typical installa- t ions. ) (3) A trench is dug in Type B soil that does norequire sheeting. but does experi- enn sum,.• ininor 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- lecves 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, 12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical in_staliation. ) (5) Example 5: A trench is dug in Type C soil. 9 feet deep and 4 feet aide. Horizontal cylinder spacing in excess of 6 feet is desired for workingS 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 diam(ter cylinder spaced at 10 feet o.c. hori- zontally. Both wales are spaced 4 feet o.c. 29 CFR Ch. XVII (7-1-92 Edition) y rrllrnllc 3 - 1'2 Innbrr sheeting Is rrunlrrd at close span i:'.g vtrllrally'.(See Figure 4 for typical h)staltal ton.) (g) Fool nolrs. anc gene rat 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 Iables. refer to § 1926.652(c)(2) for use of manufacturer's tabulated data. For trench depths in excess of 20 fe t. refer to F 1926.652tc1(21 and § 1926652Ic) 3'. (2) 2 Inch d aineter cylinders, at this width, shall have structural steel tube (3.5 • 3.5 • 0.165) overslccves, or structural oversleeves of manufacturer's specification. extending the full, collapsed length. (3) Hydraulic cylinders capacities. G) 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 'till 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. I LI I LI El I I I C J J I Occupational Safety and Health Admin., labor Subpt. P. App. D • ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS FIGURE NO. 1 FIGURE NO. 2 .nC....w.w ..n..�..-....o .1.•c....ww+ •.p1C I.-fl...JY! Ian• -.-I 1011$01f\l +011:0.1 At SOAC:IG f11(IIG (A CI vllil[IL Ills t1Dllut IC IT ;R INGEr (j ( . r K uIt IL 1U1. ! \ vi ICAE lt I IC Ctt IY E[ _ \ A1DI1Ut DCI 1L• 1w'/is Yyp 1 ,1 f I II `Iav000 f V y N $E111CAL / i^ .1 S>AClG ii' ' 1' YFIIIGG }, ' fl1CIrG , 4 111X. s FIGURE NO. 3 YtA1c. n.W.NCt+..D Q♦ 4 v(I II CAt SEAC IIC \' MAX. 2' WAX. FIGURE NO. 4 A(w..W w.y.LAC Md.q i..C.0 lOl1I0111t SPACING If EITICAt RAIL 2■A1. / l ID U Ut IC Cr tI NOES YEH ICAL S IA C 11G • ♦1 u.i:Gl1 S NE Eli IC I TDI AUt IC C Tt 10DE1 O_92__9 247 Subpt. P, App. D o z_ C O y 0 UC[s7 z O a U � U T T Ftto > Z p T G O t' 29 CFR Ch. XVII (7d-92 Edition) G D 3 µ: > c o G � N 0 C <.z t�L cQ Ij ce W N_ z N 0 C u N < n G N OF OF O O .> Q W vi O ,�., I I I W WU. CC. C O > O a K C C V C- C. C C c C c O L V. U Lc !_ V V l r. O% m m u U --- 000 K x c a a m cyy V. {Cy 6 p u p,G t < < m u u coy N h u u R o 0 L.zz ' Occupational Sofety and Health Admin., Labor Subp1. P, App. 0 Li�uu ' (1� Uu ce O 7 — LL r < I> O p ' U LL'.1 X N U V V r ^ Z O u u Z - r. Y 7 U` O w C CC- ZZ g c N< < NUCLtiI —L` v L <v F U 2 F �LilL �V= F; Z > - U L e O �. .. '.. G L v yn Z <� ' _ovF °D 'C r u u 2Q' N ` V _ K K n C CV y L C L < < C - VO { U (v c0 C z L O 0 0 c u u F $ 00 L Z Z 249 Subpt. P, App. D 29 CFR Ch. XVII (7-1-92 Edition) N Z Lr — t — ` a r1 r. V a N a o, I I F 1 n s x - 0 r 7 7_ Z 7. 7 % 7 7 z r, L r< r. NZ O CC COO r. C C i C< s P ri C oG C r. 'C _ u W O _ E C L f! N N N N Y C ! — _ - — n .2' l V �••• — %. ry r! r. fi O r, r. r! ` c = c aa L C O "U O C C C C C r. C C C F O v W s r } C s s C m} V C L z z z z z z z z Y N < z J N N � N z t c — E C - o u C 0< r P N .C < — `r. Z n u C r. C C r. C C ? r. r u m m C_• - c C c E c v C c c g n' E L L « Y T ` G C C O z C N n Y Y F — C _ C r + Y V p O O U Z Z 250 Occupational Safety and Health Admin., Labor Subpt. P, App. D r t - l^ 1 w L 9 % _ r - r r. r. r, - fI -. r rr. r. r. r a >= r+ 'I. C v. C C v. C v. C C r. Ls . < .C •C C Q v. a r, r. .C _ VI = = > s' - LJ J L rl - rl rl N N - zC _ - _ _ - - _ _ r - _ C } Z r z z _ O U C. -= 7. '7_ z L _ v u.0 U - O V: -. S v. C a v. C v. C O } = c LO } 2 s x ��ocC - U - Z Z_ z z Z z z z Z 6 F < N ry r. N r. .- p". O v ^ .� - Z _. i c Z C v. C — v. C V.; C C Cx. ≤ < - z o < -� Z 7 L Z ^ t n C . — vl C — v. C C r. � C = = ry Z r, I- Q r. F- C r. r n C L" n cc u - e 3 �? - L = _ rL 'T Q cCC u _ _ _ _ °ISLE -0_C- = flu U a z O s C c +n +n O C K — C C O D > v C C r c rC V u O C U Z z 251 Subpt. P, App. E 29 CFR Ch. XVI1 (7-1-92 Edition) APPENDIx E TO $UHPANT I' -ALTERNATIVES 1U DIMMER SIiOHING 18° MAX. VERTICAL SPACING 4' MAX. 2' MAX. VERTICAL RAIL HYDRAULIC CYLINDER Figure 1. Aluminum Hydraulic Shoring O rr .c-i liii 1 O O O O Figure 2. Pneumatic/hydraulic Shoring 252 Occupational Safety and Health Admin., Labor FlCure 3. Trcn.'h .ldiks (Scrcv . 1 iks) Figure 4. Trench Shields Subpt. P. App. E 253 Subpt. P, App. F 29 CFR Ch. XVI1 (7-1-92 Edition) APPENDIX F TO SUBPART }'—SELECTION OF PROTr TIv'E SYSTEMS The following figures are a graphic summary of the requirements contAlned 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 pro(esslonal engineer to accordance with 1 1926.652 (b) and (c). Is the excavation more than 5 feet in depth? Is there potential for cave-in? 0 Sloping selecte Co to Figure 2 Is the excavation entirely in stable rock? Excavation may be made with vertical sides. Excavation must be sloped, shored, or shielded. Shoring a selected. ielding Co to Figure 3 FIGURE I - PRELIMINARY DECISIONS 9Fd I. Occupational Safety and Health Admin., Labor Subpt. P, App. F s t'pi nt; gon [hr method o will soitionbe made ewith !?yrcNt, Vrequires on must comply with Excavatlen5 must comply he following three with S:°=a•ES'_ (h).(i) which rtgc:rec a slope of3'• ion 1 (b)(2) which Appendices A be followed 1 • 1 Option 2: §1926.652 (b)(3) which 1 requires other tabulated data (see de`.initicn) to be followed. FIGURE 2.- SLOPING OPTIONS Option 3: 51926.652 (b)(4) which requires the excavation Ito be designed by a registered professional engineer. i 1 1 1 255 Subpt. P, App. F 29 CFR Cl. 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 focr options: Option I §1926.652 (c)(l) which requires Appendices A and C to be followed (e.g. timber shoring). Option 2 S1926.652 (c)(2) which requires manufacturers data to be followed (e.g. hydraulic shoring,trench jacks, air shores, shields). Option 3 51926.652 (c)(3) which requires tabulated data (see definition) to be followed (e.g. any system as per the tabulated data). Option 4 1926.652 (c)(4) which requires the excavation to be designed by a registered professional engineer (e.g. any designed system). I FIGURE 3 - SHORING AND SHIELDING OPTIONS TABLE OF CONTENTS FOR PART D -SPECIAL CONDITIONS DIVISION 2 SITE WORK Section Subject D2-1 SITE PREPARATION D2-2 REPLACEMENT OF MANHOLE FRAMES AND COVERS* D2-3 REPLACEMENT OF MANHOLE FRAME AND GRADE ADJUSTMENTS* D2-4 SEALING OF MANHOLE FRAME AND GRADE ADJUSTMENTS* D2-5 COMPLETE AND PARTIAL REPLACEMENT OF MANHOLES* D2-6 REPLACEMENT OF MANHOLE BENCH AND TROUGH* D2-7 MANHOLE GROUTING* D2-8 INTERIOR MANHOLE COATING* D2-9 EXCAVATION D2-10 BACKFILL D2-11 SANITARY SEWER REPAIRS* D2-12 PIPE ENLARGEMENT SYSTEM (PIPE BURSTING) D2-13 CURED -IN -PLACE PIPE D2-14 POLYETHYLENE SEWER LINER* D2-15 SANITARY SEWER CONSTRUCTION D2-16 CONCRETE STRUCTURES D2-17 CLEANING AND INTERNAL TELEVISION OF EXISTING SANITARY SEWERS D2-18 SANITARY SEWER PIPE CONNECTIONS TO EXISTING MANHOLES D2-19 RESTORATION * Not included in this Contract I I I I I I I II L C 11 I I I I I I I D2-1 SITE PREPARATION X11 1. Clear areas necessary for performance of the work and confine operations to that area provided through easements, licenses, agreements and rights -of -way. Entrance upon any lands outside of that area provided by easements, licenses, agreements or public rights -of -way, shall be at the Contractor's sole liability. 2. Do not occupy any portion of the project site prior to the date established in the Notice to Proceed without prior approval of the Owner. 3. Contractor shall be aware of certain requirements by individual property owners as specified in Section F. Not specified 1. General Remove, relocate, reconstruct or work around natural obstructions, existing facilities and improvements encountered during site preparation as herein specified. Take care while performing site preparation work adjacent to facilities intended to. remain in place. Promptly repair damage to existing facilities. Dispose of waste materials in a satisfactory manner off the work site. Surface obstructions a. Tunnel under sidewalks, curb and gutter, drainage structures and similar obstructions if tunneling is best suited, otherwise sawcut the obstruction in straight lines or remove it to the nearest construction joint if located within five feet of the centerline of the trench. In no case shall the joint or line of cut be less than one foot outside the edge of the trench. Reconstruct surface obstructions removed to permit construction as specified and to the dimensions, lines and grades of original construction. Restore at no additional cost to the Owner. 1 City of Fayetteville D2-1(1) Sewer System Improvements 7j L b. Protect, move, or brace public and private utilities as specified in Section D1-5. c. Maintain mailboxes in the manner that the Postal Service requires to prevent interruption of mail delivery. d. Site preparation includes the removal of trees, shrubs, brush, crops, and other vegetation within the limits of the easements (right-of-way), or as may be provided for in licenses, permits and agreements. All efforts shall be made to retain existing landscaping. In the event that trees, shrubbery, and hedges cannot be saved, then prior approval of the Owner and the Owner's Representative must be obtained before the existing landscaping is removed. 1) Trees All trees shall be saved approved by the Owner and Representative. Trim trE the Owner's instructions. 2) Shrubbery unless removal is • the Owner's es in accordance with Shrubbery shall be saved unless removal is approved by the Owner and the Owner's Representative. Make reasonable efforts to save all shrubbery by trimming, in accordance with acceptable pruning practices, and treating wound surfaces with a commercial pruning compound. 3) Small Plants and Flowers At least two weeks prior to the start of construction, notify property owners of the proposed starting date so that the property owners can remove any small plants or flowers e. Fences interfering with construction, and located within public rights -of -way or as may be allowed for in permits or agreements, may be removed only if the opening is provided with a temporary gate which will be maintained in a closed position except to permit passage of equipment and vehicles, unless otherwise herein specified. Fences within temporary construction easements may be removed provided that temporary fencing is installed in such a manner as to serve the purpose of the fencing removed. L J L. L I I I L Il I I I I r L City of Fayetteville Sewer System Improvements D2-1(2) I I I I I I I I Fencing removed shall be restored to the condition existing prior to construction unless otherwise specified. The Contractor is solely liable for the straying of any animals protected or corralled or other damage caused by any fence so removed. Private Sewer Facilities Make every reasonable effort to protect private sewer facilities. Private sewer facilities are not shown on the Plans. When these facilities are disturbed or damaged by the work, make necessary repairs to the facilities to maintain continuous service prior to the close of the work day at no additional cost to the Owner. g. Property Pins Preserve property corners, pins and markers. In the event any property corners, pins, or markers are removed by the Contractor, such property points shall be replaced at the Contractor's expense and shall be re -set by competent surveyors properly licensed to do such work. In the event such points are section corners or Federal land corners, they shall be referenced and filed with the appropriate authority. h. Sodded and Landscaped Areas Minimize disturbance to sodded and/or landscaped thoroughfares and areas on or adjacent to improved property. Do not use such areas as storage sites for construction supplies and insofar as practicable, keep free from stockpiles or excavated materials. 3. Subsurface Obstruction a. Where existing utilities and service lines are encountered, notify the Owner thereof at least 48 hours (not including weekends and/or holidays) in advance of performing any work in the vicinity. ' Excavate, install pipeline and backfill in the vicinity of such utilities in the manner required by the respective Owner and, if requested, under his direct supervision. The Contractor shall be responsible for damages to a public or private utility that may occur as the result of the construction. b. Protect, move, or brace public and private utilities as specified in Section D1-5. I City of Fayetteville D2-1(3) Sewer System Improvements C. Make a reasonable effort to ascertain the existence of obstructions and locate obstructions by digging in advance of machine excavation where definite information is not available as to their exact location. Where such facilities are unexpectedly encountered and damaged, notify responsible officials and other affected parties and arrange for the prompt repair and restoration of service. No contract prices are established for Site Preparation. END OF SECTION D2-1 City of Fayetteville Sewer System Improvements D2-1(4) D2-3 REPLACEMENT OF MANHOLE FRAMES AND GRADE ADJUSTMENTS A. This section not included in this Contract. END OF SECTION D2-3 D2-3(1) City of Fayetteville Sewer System Improvements C I IA I I I I 1 I I I 1 I U 1l 1 I I I D2-9 EXCAVATION 1. Pipeline excavation work shall be accomplished under the supervision of a person experienced with the materials and procedures which will provide protection to existing improvements, including utilities and the proposed pipeline. 2. The alignment, depth, and pipe subgrades of all sewer trenches may be determined by overhead grade lines parallel to the sewer invert, or by the use of a laser. 3. Do not open more trench in advance of pipe laying than is necessary. One hundred (100) feet will be the maximum length of open trench allowed on any line under construction. Adequately protect open trenches. 4 In the even Conservatio encountered notified. notifies th t hazardous wa n and Recovery work shall be Work shall be e Contractor. stes as Act of halted resumed defined by the Resource 1976 (PL94-580) are and the Owner shall be only after the Owner 5. If the specified maximum trench widths are exceeded, either through accident or otherwise, and if the Engineer determines that the design loadings of the pipe will be exceeded, the Contractor will be required to support the pipe with an improved trench bottom. The expense of such remedial measures shall be entirely the Contractor's own. All trenching operations shall be confined to the width of permanent rights -of -way, permanent easements, and any temporary construction easements. All excavation shall be in strict compliance with the Trench Safety Systems Special Condition of this document. 6. Definitions a. Rock Excavation Rock excavation is the removal of rock ledges six (6) inches or more in thickness, and detached rock or boulders having a volume of more than 1-1/2 cubic yards and shale occurring in its natural state, hard and unweathered and which cannot be removed by normal hand digging or with a backhoe, in the opinion of the Engineer. D2-9(1) City of Fayetteville Sewer System Improvements I A rock ledge is a continuous body of rock; which may include interbedded seams of soft materials. Such interbedded soft material less than 12 inches in thickness will be included in the measurement of rock excavation. Such seams 12 inches or greater in thickness will be considered as earth excavations. b. Earth Excavation , Earth excavation is the removal of all material not defined as rock. Included in earth excavation is removal of existing paved surfaces including but not limited to concrete curb and gutter, PCC pavement, and bituminous pavement. C. Exploratory Excavation Excavation to determine exact location and elevation of underground utilities as directed by Engineer. B. Materials I Not specified. C. Execution 1. Open Cut Method (Trenching) 1 a. General Open cut (trench) pipeline excavations except as 1 otherwise specified or approved by the Engineer. Minimize inconvenience and disturbance to the general public. Sort and stockpile the excavated material so the proper material is available for backfill. b. Trench Depths Excavate trenches to depths required for proper pipe ' embedment. Overdepth excavation may be required when the subgrade is unstable. Backfill overdepth excavations with granular pipe embedment material, unless otherwise directed by the Engineer. c. Trench Walls ' Undercutting of trench walls is not permitted. 1 City of Fayetteville D2-9(2) Sewer System Improvements 1 LI d. Trench Widths ' 1) The bottom width of the trench at and below the top of the pipe and inside the sheeting and I bracing, if used, shall not exceed the trench widths indicated on the Drawings. 2) If the allowable maximum widths are exceeded at manholes, bore pits, tees, and in unstable earth material, provide bedding adequate to develop the required lateral support for the pipe and/or provide a sufficient strength class of pipe to accommodate the loading conditions as approved by the Engineer. e. Trench Safety Trench safety shall be in accordance with Section D1-10. f. De -Watering 1) Should groundwater be encountered, Contractor shall be responsible for utilizing a dewatering system(s) to remove water from the excavations. Contractor shall install and operate dewatering system(s) to achieve the following: a) Keep excavations free from water. b) Maintain groundwater a minimum of 24 inches below excavations. c) Prevent displacement of surrounding soils. 2) Form dams, flumes or other works necessary to keep the trenches clear of water while the sewers and their foundations, and other foundation works, are being constructed. Remove water from such excavation in a manner that does not damage property. 3) Repair pit excavations shall be kept free of water and sewage during sewer pipe replacements through final inspection. Plug lines upstream I and if necessary provide bypass pumps of sufficient capacity to reroute water and sewage to a downstream manhole until pipe replacements have been completed and bedding material has been effectively placed and compacted. No bypassed wastewater from the sanitary sewer shall be allowed to discharge to natural or manmade surface drainage, where plugging only is used for flow control, the Contractor shall monitor upstream manholes and prevent excessive surcharge conditions. D2-9(3) City of Fayetteville Sewer System Improvements E (I g. Unsuitable Soil When unsuitable soil conditions are encountered under sewers below the depth of standard bedding, replace the unsuitable material with granular material of gradation approved by the Engineer. h. Blasting Areas (1) Blasting of any kind for rock excavation or any other purpose will not be allowed unless approved by the Engineer. (2) When blasting is permitted by the Engineer the Contractor shall use the utmost care to protect life and property. The Contractor shall comply with all laws, ordinances, and the applicable safety code requirements and regulations relative to the handling, storage and use of explosives and protection of life and property, and he shall be responsible for all damage thereto caused by his or his subcontractor's operations. (3) Contractor shall provide insurance as required by the Owner before performing any blasting. The governing agency shall be notified at least 24 hours before blasting operations begin. J II El 2. Tunneling, Boring and Jacking (Augering) I a. General Furnish materials and necessary accessories, with strengths, thickness, coatings, and fittings indicated, specified and/or necessary to complete the work. All tunnel excavation shall provide an excavation conforming to the outside diameter of the casing and/or carrier conduit. The excavation shall be to an alignment and grade which will allow the carrier conduit to be installed to proper line and grade as shown on the Plans and as established in the Specifications. [l Eli II I! b. Casing Pipe , Casing pipe shall be steel pipe conforming to ASTM A 139 with a minimum diameter as shown on the Drawings. Corrugated steel casing pipe will be considered on a case by case basis. 1) Minimum wall thickness shall be in accordance with the following table: City of Fayetteville D2-9(4) Sewer System Improvements Ii II II Nominal Wall Thickness - Inches Diameter of Casing - Inches Under Railroads All Other Uses • 14 0.250 0.188 16 0.282 0.188 17 0.312 0.250 20 0.344 0.250 ' 22 0.375 0.250 24 0.406 0.281 26 0.438 0.281 28 0.469 0.312 , 30 0.469 0.312 32 0.500 0.312 34 0.531 0.312 36 0.563 0.344 42 0.563 0.375 48 0.563 0.375 60 0.563 0.375 2) Steel shall have a minimum yield strength of ' 35,000 psi. 3) Steel pipe shall have welded joints in accordance with AWWA C 206. fc. Cement -Sand Fill ' Annular space between lining and sewer pipe shall be filled with stabilized cement -sand mixture from end seal to end seal. The fill shall be placed inside casing, tested and approved, in a manner that will not disturb the alignment and/or grade of sewer pipe. Cement -sand mixture used in casing conduits shall be a mixture of one (1) part Portland Cement to five (5) parts clean sand, thoroughly mixed prior to being blown into the opening. Id. End Seals Construct end seals after sewer pipe has been installed and approved. Brick shall be in accordance ' with ASTM C 32, Grade SS or SM and mortar in accordance with ASTM C 270. D2-9(5) City of Fayetteville Sewer System Improvements e. Wood Skids Wood skids shall be provided as indicated on the Plans. The wood shall be pressure treated with creosote, pentachlorophenol, or salt type preservative in accordance with APWA C 2. Cut surfaces shall be given two (2) heavy brush coats of the same preservative. Approved plastic collars are an acceptable alternative. f. Carrier Pipe Carrier pipe shall be Class 50 ductile iron pipe with mechanical joints as specified in section D2-13. g. Initial Testing Air pressure, and/or exfiltration test shall be successfully performed on the carrier conduit prior to filling the void between casing and carrier conduits with grout or other material, or the sealing of the ends of the casing conduits. 3. Excavation Techniques Near Tree a. When working close to trees which are not to be removed and replaced, open cut excavation shall not occur within the tree drip line. Install fence to ensure construction activities will not occur in this area. b. Pipelines which are required to be installed within this prescribed zone shall be installed using a "short tunnel" method. Pipe grades shall be maintained as indicated on the Drawings. c. Short Tunneling shall consist of power augering or hand excavation. The tunnel diameter shall not be larger than 1-1/2 times the outside pipe diameter. Ii. - -u-fl a,i.z,CtvaaaR Only items listed below will be measured for payment. All other costs shall be included in the unit or lump sum prices for the item affected thereby. 1. If Contractor chooses to tunnel or bore in place of open cut, then no additional payment will be allowed for the tunnel or bore unless specifically called for in the drawings or noted otherwise in the specifications. 2. Exploratory excavations shall be paid at the Contract unit price per exploratory excavation and shall include backfilling, compaction, and surface restoration. City of Fayetteville D2-9(6) Sewer System Improvements .1 L II C L L P II 1I I, I I I I I I I 1 I I 1 L_I I I I I Rock excavation shall be measured and paid for at the Contract Unit Price per cubic yard in place. The trench width for payment purposes shall be the actual trench width or the maximum allowable trench width, whichever is smaller. The maximum depth for payment purposes shall be one -quarter (1/4) of the outside pipe diameter below the bottom of the pipe or six inches whichever is greater. Payment shall be made only if standard excavation techniques cannot remove the rock. Pipe bedding required in rock excavation areas in excess of the normally specified bedding is not an eligible pay item. Trench foundation material shall be paid for at the contract unit price per cubic yard to include all excavation, removal of the unsuitable soil, and replacement with approved trench foundation material. Quantities shall be based on the maximum allowable trench width or the actual quantity installed, whichever is less. 5. Sewers in casing pipe, where the casing pipe is augured in place, shall be measured along the centerline of the casing. Payment shall be at the Contract Unit Price per foot of sewer include excavation, except rock excavation, and backfill on the auguring and receiving pits, trench backfill, compaction, carrier and casing pipe, restoration, and all labor and material. 6 Tree protection fencing will not be paid for separately, but will be included in the cost of work items being done in the area affected. Short tunneling will not be paid for separately, but will be included in the cost of work items in the area affected. It is the intent of these specifications that all major trees are to be saved (6" dia. and above). The Contractor is responsible for determining in his bid, what and how many trees may be affected by his work. END OF SECTION D2-9 D2-9(7) City of Fayetteville Sewer System Improvements D2-10 BACKFILL 1. This section governs all labor, equipment, materials and testing required to properly backfill trenches and excavations around manholes and structures. 2. No granular embedment or other backfill material shall be used by the Contractor without approval by the Engineer. 1. Trench Foundations Materials: Three-inch minus river - run or pit -run gravel, free from clay balls, roots, and organic matter; well crushed gravel or crushed rock graded with less than 8 percent by weight passing the 1/4 -inch sieve. Submit samples for approval prior to delivery of the material to the site. Trench foundation material shall only be used where unsuitable soil conditions are encountered under sewers before the depth of standard embedment as defined in Section D2-9. Embedment: a. Embedment material shall be 1-1/2 inch minus crushed gravel or crushed rock, free from dirt, clay balls, and organic material, well graded from coarse to fine, containing sufficient finer material for proper compaction, and less than 8 percent by weight passing the No. 200 sieve. Arkansas Highway and Transportation Department classification "Class -7 Base" shall qualify as embedment material. b. Grit Imported crushed limestone screenings from concrete coarse aggregate, maximum size 1/2 -inch. 3. Trench Backfill: Trench backfill will be divided into the general classification as follows: a. Street Backfill: Street backfill material above the pipe embedment material shall be crushed stone so proportioned as to meet the requirements for a Class 7 aggregate as specified in Table 303-1 of the Arkansas State Highway and Transportation Department Standard Specifications for Highway Construction. D2-10(1) City of Fayetteville Sewer System Improvements J C. b. Trench Backfill: Backfill for trenches in unpaved .areas shall meet the following requirements: (1) Excavated material free from roots, organic matter, trash, debris, rocks larger than 12 inches, and other deleterious materials. Suitable material may be obtained by the Contractor from the excavation for the proposed pipelines. Provide imported material of equivalent quality, if required to accomplish the work. 1. The Contractor shall be responsible for the furnishing of all labor, supervision, materials, equipment and testing for the completion of backfill operations in accordance with the Contract Documents. a. Unless otherwise specified, all sewer trenches and excavation around structures shall be backfilled to the original surface of the ground. b. The Contractor shall be or damages which might settlement of trench or in the fulfillment of within and during a pe after the date of final Owner, including the co of damages filed with a per responsible for all damage occur as a result of the other backfill made by him these Contract Documents, of two (2) years from and acceptance thereof by the st to the owner of all claims nd court actions brought against the said Owner for and because of such damage, and the repair to the satisfaction of the Owner of any and each pavement, driveway, curb, slab, walk, or structure damages by such backfill settlement. 2. "Pavement Areas" shall be defined as all streets, paved alleys, parking areas, driveways, curbs and gutters, and sidewalks. L C L I 1 I I I I D. Execution 1. General a. Remove trash and debris from the excavation prior to backfilling. b. Backfilling trenches and excavations to the original ' ground surface unless otherwise indicated on the Drawings. City of Fayetteville D2-10(2) Sewer System Improvements c. Carefully place backfill materials to avoid damage to or displacement of the pipeline and other exposed utilities or structure. d. Do not backfill with frozen material or when a blanket of snow prevents proper compaction. Backfill shall not contain waste material, trees, organic material, rubbish or other deleterious substances. e. The backfill material shall be placed in lifts. Each lift shall be compacted to the required density prior to the next lift being placed. f. In gardens or flower gardens, the original topsoil shall be replaced to original elevation, location, and depth. Minimum depth shall be twelve (12) inches. 2. Backfilling in Street Right -of -Way and Pavement Areas a. Backfill trenches under and within 2 feet of all existing and proposed pavement, driveway pavement, sidewalk, and curb and gutter using granular trench backfill. b. Granular trench backfill shall consist of the following: Class 7 crushed limestone conforming to the reference standard. c. Compaction Method ' Granular trench backfill shall be mechanically compacted in layers of twelve inches loose measure. Each layer shall be firmly compacted to 95 percent ' of maximum density as determined by ASTM D 1557 (Modified Proctor Test). Material may be compacted by tamping or by using surface vibrators in such a ' manner as not to disturb or injure the pipe. At least 48 inches of cover over sewer pipe shall be provided before using mobile trench compactors of the hydrohammer or impactor type. d. Undermining of Paved Surfaces Where undermining of paved surfaces has occurred, Contractor shall remove the paved surface above the undermined area prior to placing backfill. e. Temporary Paved Surface Provide cold mix asphalt at a minimum depth of 2 inches for a riding surface in all sewer trenches in paved areas. ' D2-10(3) City of Fayetteville sewer System Improvements I Backfilling in Areas Other Than Street Right -of -Way and Pavement Areas a. Backfill trenches using acceptable job excavated materials or as. directed by the Engineer. b. Backfill in layers of eighteen inches maximum and mechanically compact to 90 percent of maximum density as defined by ASTM D 1557 (Modified Proctor test). c. Place a minimum of 18 inches of granular backfill above the top of pipe in areas where the existing surface elevation is less than 24 inches above the proposed top of pipe. The granular backfill shall extend on foot from each side of the pipe and shall be placed at a 1:1 slope to bedding material or the existing ground surface. 4. Testing All density tests shall be performed by per A.S.T.M. standards by an independent testing laboratory whose qualifications have been reviewed by the Engineer. a. Tests shall be performed at two (2) feet vertical intervals beginning at a level two (2) feet above the top of all installed pipes and continuing to the top of the completed backfill, at intervals along the trench not to exceed 300 linear feet, to assure a minimum density of 95 percent Proctor. Test reports shall be furnished to the Engineer upon completion of testing, as part of the qualification for acceptance of the installed pipe. The Engineer expects to perform unannounced spot checks of the compaction tests for verification and control purposes. These spot checks will be performed by Engineer at Owner expense and will not be charged to the Contractor. However, the Contractor will be responsible for providing access and trench safety system to the level of trench backfill to be tested. No extra compensation will be allowed for exposing the backfill layer to be tested or providing trench safety system for tests conducted by the Engineer. Any compaction tests performed by the Engineer as described above will be performed by the Engineer personnel at the Owner's expense and will not be charged to the Contractor. b. The cost of providing access to the level of trench backfill to be tested will be a cost to the Contractor, and no extra compensation will be allowed for exposing of the backfill layer to be tested by the Owner. City of Fayetteville D2-10(4) Sewer System Improvements I C I C I FT I I I I I I1 I I 11 I C. Trench compaction tests not conforming to specified densities shall be paid for by the Contractor at no additional cost to the Owner. ' 5. Responsibility of Contractor for Backfill Settlement Wherever trenches or other excavations made by the ' Contractor in the performance of work under these Contract Documents have not been properly filled, or where settlement has occurred at any time prior to the ' completion of the entire work covered by these Contract Documents, to the extent that the top of the backfill is below the original ground surface, such trenches shall be refilled and backfill surface compacted and smoothed to conform to the elevation of the adjacent ground surface. All sod in lawns damaged by reasons of such settlement, and the repair thereof, shall be replaced. E. Measurement and Payment 1. Payment for the work in this Section will be included as part of the unit price and lump sum bid amounts stated in the Proposal. 2. Payment for trench foundation material will be based on the Contract Unit Price per cubic yard based on the ' quantity per linear foot for the respective size of conduit shown on the maximum trench width chart indicated on the drawings. Additional material necessary because the trench is wider than the maximum width indicated, shall be at the contractors expense and not measured. No measurement and payment shall be made for existing material which is reused. Payment for this item shall 1 constitute full compensation for all materials, labor, equipment, and incidentals necessary to furnish material at trench side and for placing and compacting it in the trench and for the extra depth of trench excavation ' required below the pipe base grade to provide for a stable base for the pipe. This item is to provide for unstable base encountered in the progress of the work and shall be ' used only at the direction of the Engineer. 3. No separate payment will be made for protecting, repairing and/or replacing existing culverts. 4. All costs involved in performing the trench compaction tests made by independent laboratories shall be included ' in the price bid for Trench Compaction Tests, and will include all required compaction tests per location. 5. No separate payment will be made for the 2 inches of cold ' mix asphalt placed in sewer trenches in the pavement areas. ' END OF SECTION D2-10 D2-10(5) City of Fayetteville Sewer System Improvements I I D2-12 PIPE ENLARGEMENT SYSTEM (PIPE BURSTING) C Ii. Description This specification includes requirements to rehabilitate ' existing sanitary sewers by the pipe enlargement system, herein called Pipe Bursting or Pipe Crushing (Pipe Bursting/Crushing). This system includes splitting or bursting the existing pipe to install a new polyethylene ' pipe and reconnect existing sewer service connections. 2. Methods This section specifies the approved system method or process to include all labor, materials, tools, equipment and incidentals necessary to provide for the complete rehabilitation of deteriorated gravity sewer lines by the Pipe Bursting/Crushing systems. Approved methods include: the PIM Corporation (PIM System), Piscata Way, New Jersey; McLat Construction (McConnell System for Pipe Crushing), Houston, Texas; Miller Pipeline Corporation (Xpandit System), Indianapolis, Indiana Pipe Bursting/Crushing systems, and TT Technologies. ' 3. Definition The Pipe Bursting/Crushing system is defined as the reconstruction of gravity sewer pipe by installing an approved pipe material, by means of one of the pre -approved methods set forth in Section A.2 of this ' specification. The process involves the use of a static, hydraulic or pneumatic hammer "moling" device, suitably sized to break out the old pipe or using modified boring ' "knife" with a flared plug that implodes and crushes the existing sewer pipe. Forward progress of the "mole" or the "knife" may be aided by the use of hydraulic equipment or other apparatus, as specified in the approved methods. The replacement pipe is either pulled or pushed into the bore. The method allows for replacement of pipe sizes from 8" through 21" and/or ' upsizing in varying increments up to 21". 4. Quality Assurance ' a. The Contractor shall be certified by the particular Pipe Bursting/Crushing system manufacturer that such firm is a licensed installer of their system. No ' other Pipe Bursting/Crushing system other than those listed in Section A.2. of these specifications is acceptable. D2 -12(l) City of Fayetteville Sewer System Improvements I b. Personnel directly involved in Pipe Joining shall receive training in the use of fusion joint equipment and recommended methods for new pipe connections. Personnel directly involved with installing the new pipe shall receive training in the proper methods for handling and installing the polyethylene pipe. Training shall be performed by a qualified representative. 5. Submittals Submit for review and acceptance, the following Contractor's Work Plan and Drawings to the Engineer. a. Shop drawings, catalog data, and manufacturer's technical data showing complete information on material composition, physical properties, and dimensions of new pipe and fittings. Include manufacturer's recommendation for handling, storage, and repair of pipe and fittings if damaged. b. Location and number of insertion or access pits shall be planned by Contractor and submitted in writing prior to excavation for approval by the Engineer. I I C I I I I c. Method of construction and restoration of existing ' sewer service connections. This shall include: 1) Detail drawings and written description of the entire construction procedure to install pipe, bypass sewage flow and reconnection of sewer service connections. 2) Working drawings for information only showing sewage flow bypass, and maintenance of traffic. Contractor shall provide for continuous sewerage flow. Dewatering shall be the Contractor's responsibility. 3) Certification of workmen training for installing pipe. 4) Television inspection reports and video tapes made after new pipe installation. 6. Delivery, Storage, and Handling a. Transport, handle, and store pipe and fittings as recommended by manufacturer. b. If new pipe and fittings become damaged before or during installation, it shall be repaired as recommended by the manufacturer or replaced as required by the Project Manager at the Contractor's expense, before proceeding further. City of Fayetteville D2-12(2) Sewer System Improvements I I c. Deliver, store and handle other materials as required to prevent damage. ' 1. Polyethylene Piping Material Li I H I I I I I I I LI C The pipe and fitting material shall be high density, extra molecular weight (EHMW) polyethylene pipe material conforming to ASTM D1248, Type III, Class C, category 5, Grade P34, and have a PPI (Plastic Pipe Institute) recommended designation of PE3408 and cell classification 345434C per ASTM D3350. The molecular weight category shall be extra high (250,000 to 1,500,000) as per the Gel Permeation Chromatography determination procedure with a typical value of 330,000. a) The interior of the pipe shall be a light reflective color to facilitate closed circuit television inspection. b) The pipe material shall be listed by the Plastic Pipe Institute (PPI) in PPI TR-4.. The pipe material shall have as hydrostatic design basis of 1600 psi at 73 F and 800 psi at 140 F. c) The manufacturer's certification shall state that the pipe was manufactured from one specific resin and shall state the resin used and its source. All pipe shall be made of virgin material. No rework, except that obtained from the manufacturer's own production of the same formulation, shall be used. d) Pipe supplied under this specification shall have a nominal IPS (Iron Pipe Size) outside diameter. The Standard Dimension Ratio (SDR) and minimum pressure rating of the pipe shall be SDR 17 - 100 psi. Pipe with a lower SDR ratio and higher pressure rating may be used in lieu of the minimum specified. E) Pipe shall be sized by inside diameter. For example: an 8" designated pipe shall have an 8" inside diameter. 2. Tests a) The pipe manufacturer shall provide certification that samples of the production product meets these specifications. The certification will state that production product has been tested in accordance with ASTM D2837, and validated in accordance with the latest revision of PPI TR-3. b) The pipe manufacturer shall provide certification that stress regression testing has been performed on the specific product. Certification shall include a D2-12(3) City of Fayetteville Sewer System Improvements stress life curve per ASTM D2837 and testing shall have been performed in accordance with ASTM 02837. c) Rejection: Polyethylene plastic pipe and fittings may be rejected for failure to meet any of the requirements of this specification. 1. Sewer Service Connections Sewer service connections shall be connected to the new pipe by mechanical methods. Once the saddle is secured, a hole shall be. drilled in the pipe the full inside diameter of saddle outlet. 2. Mechanical Saddles Mechanical saddles shall be made of polyethylene pipe compound that meets the requirements of ASTM D1248, Class C, have stainless steel straps and fasteners, neoprene gasket and backup plate. Mechanical saddles shall be Strap -on -Saddle Type as manufactured by Drisco pipe or Tapping Saddle manufactured by DuPont, or approved equal. Once service connection has been made, replacement pipe saddle shall be completely encased in concrete. 3. Connection to Existing Service Connections to the existing sewer service connections pipe shall be made using shear resistent couplings. All couplings shall be as manufactured by Fernco Joint Sealer Co., DFW Plastics, Inc. or approved equal. 4. Service Interruptions Service interruptions to homes shall not exceed 18 hours. 1. Bypassing Sewage a. The Contractor shall bypass the sewage around the section or sections of sewer to be rehabilitated. The bypass shall be made by plugging existing upstream manhole and pumping the sewage into a downstream manhole or adjacent system or other method as may be approved by the Engineer. The pump and bypass lines shall be of adequate capacity and size to handle the flow without sewage backup occurring to facilities connected to the sewer. b. The Contractor shall be responsible for continuity of sanitary sewer service to each facility connected to the section of sewer during the execution of the work. City of Fayetteville D2-12(4) Sewer System Improvements If sewage bypass or backups occur, the Contractor shall be responsible for cleanup, repair, property damage costs, claims and fines. A bypass or backup shall be reported to City as soon as possible. ' 2. Line Obstructions ' If pre -installation (TV) inspection reveals an obstruction in the existing sewer (heavy solids, dropped joints, protruding service taps or collapsed pipe) which will prevent completion of the pipe bursting/crushing I. process, and cannot be removed by conventional sewer cleaning equipment, then an obstruction removal shall be made by the Contractor, with the approval of the Engineer. 3. Sags in Sewer Line ALL SAGS AND GRADE PROBLEMS IN EXISTING SEWER LINES SHALL BE CORRECTED AS PART OF THIS CONTRACT. If the pre -construction television inspection reveals a sag in ' the sewer line, the Contractor shall be responsible for bringing the proposed sewer pipe to an acceptable grade without a sag. A sag is defined as any sewer line ' segment more than 3 feet in length which ponds water in the absence of sewage flow. The contractor shall take the necessary measures to eliminate the sag by the method of: pipe replacement, digging a sag elimination pit and bringing the bottom of the pipe trench to a uniform grade in line with the existing pipe invert or by other measures that shall be acceptable to the Engineer and the ' City. a. Identification of Sags: Sags shall be identified by ' television inspection in the absence of sewage flow. If available, the Contractor shall be furnished television tapes from the City identifying the sag location. Flow shall be blocked at an upstream ' manhole and diverted to another sewer line or downstream manhole below the segment of pipe to be inspected. TV inspection shall be performed in I. accordance with television inspection of sanitary sewer lines. Video tapes shall be submitted to the Engineer for review. ' b. Correction of Sags: Sags shall be corrected by open cut replacement or by adding additional bedding material to bring the sag back to grade where access ' is available. For pipe enlargement methods, all sags identified on the pre -construction video tapes shall be corrected prior to commencing with pipe ' enlargement. In instances where sags are located under existing structures, the existing sewer line may be relocated ' using open cut or boring methods. The Engineer shall D2-12(5) City of Fayetteville Sewer System Improvements I specifically evaluate the engineering review potential relocation's and Constructability, economics and feasibility prior to construction work. C. Measurement and Payment: Measurement correct sags shall be per linear foot construction to correct the sag. For methods, open -cut or bore constructio applicable bid prices in the proposal apply. Television Inspection and payment to of pipe pipe bursting n, the section shall Inspection of the pipelines shall be performed by experienced personnel trained in locating breaks, obstacles and service connections by closed circuit color television. Television inspection shall be in accordance with the specifications contained herewith for "Pre- and Post -Construction Television Inspection of Sanitary Sewer Lines". r- # •-u-i-u ,.• • •e Site Organization a. Insertion or access pits shall be located such that their total number shall be minimized and the length of replacement pipe installed in a single pull shall be maximized. b. Existing manholes shall be utilized wherever practical. Manhole inverts and bottoms may be removed to permit access for installation equipment. c. Equipment used to perform the work shall be located away from buildings so as not to create a noise impact. Provide silencers or other devises to reduce machine noise as needed to meet requirements. Finished Pipe The installed replacement pipe shall be continuous over the entire length of each pipe segment from manhole to manhole and shall be free from visual defects such as foreign inclusions, concentrated ridges, discoloration, pitting, varying wall thickness, pipe separation, other deformities. Replacement pipe with gashes, nicks, abrasions, or any such physical damage which may have occurred during storage and/or handling,, which are larger/deeper than 10% of the wall thickness shall not be used and shall be removed from the construction site. The replacement pipe passing through or terminating in a manhole shall be carefully cut out in a shape and manner approved by the Engineer. The invert and benches shall be streamlined and improved for smooth flow. The installed pipe shall meet the requirements of the I I I I I I I I El I I C L P I city of Fayetteville D2-12(6) Sewer System Improvements I I I I I I I Li I I I I I I I I pressure test, internal inspection, and deflection tests specified in Section D1-9. Deflection testing shall be limited to 20 percent deflection. 3. Pipe Jointing a. Sections of polyethylene replacement pipe shall be assembled and joined on the job site above the ground. Jointing shall be accomplished by the heating and butt -fusion system in strict conformance with the manufacturer's printed instructions. b. The butt -fusion system for pipe jointing shall be carried out in the field by operators with prior experience in fusing polyethylene pipe with similar equipment using proper jigs and tools per standard procedures outlined by the pipe manufacturer. These joints shall have a smooth, uniform, double rolled back bead made while applying the proper melt, pressure, and alignment. It shall be the sole responsibility of the Contractor to provide an acceptable butt -fusion joint. All joints shall be made available for I inspection by the Engineer before insertion. The replacement pipe shall be joined on the site in appropriate working lengths near the insertion pit. The maximum length of continuous replacement pipe which shall be assembled above ground and pulled on the job site at any one time shall be 600 linear feet. 4. New Pipe Installation a. Thread winch cable or chain and associated lines through sewer section to be rehabilitated. Keep lines away from pedestrian and vehicular traffic. b. Existing manholes may be used for launch and receiving access. Remove manhole invert and bottom as required. Pull winch chain through sewer section and attach to cutter and machine head. Lower into launching manhole, apply winch tension pulling the cutter and head into the sewer until the rear of the machine is flush with the manhole wall. Attach steel starter pipe and advance assembly until the rear of the steel starter pipe is flush with the manhole wall. Lower and hydraulic jack into the manhole and align. Insert new pipe by simultaneous operation of the jack and winching the cutter and head forward. Anchoring New Pipe and Sealing Manholes a. After the new pipe has been installed in the entire length of the sewer section, anchor the pipe at manholes. The new pipe shall protrude in the manholes for enough distance to allow sealing and trimming. D2-12(7) City of Fayetteville Sewer System Improvements b. Sealing the new pipe at manholes shall not begin for a minimum of twenty-four (24) hours after installation. Provide a flexible gasket connector in the manhole wall at the end of the new pipe, centered in the existing manhole wall. Grout flexible connector in the manhole, filling all voids the full thickness of the manhole wall. c. Restore manhole bottom and invert. F. 1. 2. linear foot of pipe diameters of sewers sewer from centerlin will be made for the price per linear foo listed. in Service Reconnections Pipe Installation e t Pipe installation will be measured for payment by the actually installed in the various along the centerline of the to centerline of manholes. Payment quantities measured at the unit for the various sewer diameters Installation of sewer service connections will be measured for payment by each actually reconnected to the installed pipe. Payment will be made for the quantities measured at the unit price per each listed. Payment shall include required excavation and backfill, saddles, couples, and all other incidentals necessary to successfully reconnect sewer service lines to the rehabilitated sewer. Payment shall not include pavement replacement, which if required, shall be paid separately Bypass Pumping The Contractor shall provide diversion for the flow of sewage around the section or sections of pipe designated for rehabilitation. The pumps and bypass lines shall be of adequate capacity and size to handle all flows. All costs for bypass pumping required during installation of the pipe shall be subsidiary to pipe enlargement. Subsidiary Work Any damage to utilities and property, resulting repairs, temporary service costs, etc. shall be borne by Contractor. Repair and/or replacement of fences, sprinkler system piping and other such restoration work resulting from Contractor activities shall be considered subsidiary to the cost of the project and no additional payment will be allowed. City of Fayetteville D2-12(8) Sewer System Improvements Li 5. Testing All cost for testing the replacement pipe by a pressure method will be incidental to pipe installation. END OF SECTION D2-12 I I I I 11 I I 11 Ii' I I I I I D2-12(9) City of Fayetteville ' Sewer System Improvements I I I I I I I I I C I I The tube material shall meet the requirements of ASTM F1216, Section 5.1. The resin system shall meet the requirement of ASTM F1216. The chemical resistance requirements shall conform to ASTM F1216, Appendix 2. 2. Sizing of the CIPP The CIPP diameter, length and wall thickness shall be appropriate for each designated location. The Contractor shall verify the actual sewer lengths and diameters in the field prior to cutting the tube to ' length and sizing the diameter. a. The tube shall be fabricated to a size that when installed will neatly fit the internal circumference of the sewer designated for CIPP. Allowance for circumferential stretching during insertion shall be made as per manufacturer's standards. D2 -13(l) City of Fayetteville Sewer System Improvements D2-13 CURED -IN -PLACE PIPE (CIPP) In fl3t4IU! 1. Description The Contractor shall utilize the installation of flexible sewer pipe (CIPP) in accordance with ASTM F1216 to restore the watertight condition of sanitary sewer lines which would otherwise require various point repairs and/or removal of cross connections. Due to existing alignment conditions in the sewers to be lined, only products meeting ASTM F1216 (Installation by Inversion Method) will be accepted. 1. Cured -in -Place Material (CIPP) The flexible tube material shall be a polyester fiber felt tubing lined on one side with an elastomeric lining and fully impregnated with a liquid, thermosetting resin as specified. The polyester felt tubing, including the elastomeric lining, polyester fiber felt and the thermosetting resin shall meet manufacturer's standards. The cured pipe shall be a hard impermeable pipe which shall conform to the minimum structural standards applicable including ASTM D-638 for 3,000 psi tensile stress, ASTM D-790 for 4,500 psi flexural stress, and ASTM D-790 for 300,000 psi modulus of elasticity. The finished liner shall incorporate thermosetting materials which will withstand the corrosive effects of normal sewage. The Contractor shall provide a written guarantee of his compliance with these standards. C. b. The length of the CIPP shall be that deemed necessary by the Contractor to effectively carry out the insertion and seal at the inlet and outlet points. When cured, the CIPP should, extend from end to end of the sewer segment being lined in a continuous tight fitting watertight pipe -within -a- pipe. c. The CIPP shall be 3.5 mm thickness for pipe 6 inches in diameter, 4.5 mm thickness for pipe 8 inches in diameter, 6 mm thickness for pipe 10 inches in diameter, and 7.5 mm thickness for pipe 12 inches in diameter, unless otherwise specified on the Drawings. Execution 1. General CIPP installation shall be accomplished by inverting the resin impregnated tube into the existing sanitary sewer pipeline utilizing an inversion standpipe and hydrostatic head. Curing of the CIPP shall be accomplished by circulating hot water/steam to cure the thermosetting resin into a hard impermeable pipe. 2. Preliminary Cleaning and Inspection a. Prior to CIPP installation of designated sanitary sewer line segments the Contractor shall remove internal deposits as necessary to assure proper liner installation. b. Closed circuit television inspection of pipelines shall be performed by experienced personnel trained in locating breaks, obstacles, and service connections. The interior of the pipeline shall be carefully inspected to determine the location of service laterals and the extent of any structural failures, which may prevent proper installation of lining materials into the pipelines. . c. It shall be the responsibility of the Contractor to clear the line of obstructions such as solids, roots, dropped joints, protruding branch connections or broken pipe that will prevent the insertion of the liner. If inspection reveals an obstruction not indicated in these specifications, that cannot be removed by conventional cleaning equipment, then the Contractor shall notify the Engineer. The Engineer may authorize an excavation in order to remove such obstruction. City of Fayetteville D2-13(2) Sewer System Improvements I Li I I I I I I I I I I 1 I I I I fI F I I I 1 I [1 4. 5. Documentation Video tapes and a suitable log shall be provided by the Contractor which shall document, to the satisfaction of the Engineer, the condition of the sewer line segment immediately before the lining has been installed. The video tapes (VHS) and log shall become the property of the Owner. The Contractor shall review the existing condition of the line and justify to the satisfaction of the Engineer any and all point repairs prior to any construction. Post -construction television inspection shall be conducted by the Contractor. Flow Bypassing The Contractor, when required, shall provide for the transfer of flow around the section or sections of pipe that are to be lined. The bypass shall be made by diversion of the flow at an existing upstream access point and pumping the flow into a downstream access point or adjacent system. The pump and bypass lines shall be of adequate capacity and size to handle the flow. The proposed bypassing system shall be approved in advance by the Engineer and the owner. Notification of the Public The Contractor shall notify all property owners affected by the CIPP installation work at least 48 hours prior to commencement of the work as sanitary sewer service will be temporarily interrupted due to the lining work. 6. CIPP Installation a. The Contractor shall designate a location where the uncured resin in the original containers and the unimpregnated liner will be vacuum impregnated prior to installation. The Contractor shall allow the Engineer to inspect the material and 'wet out' procedure. A resin and catalyst compatible with the requirement of this method shall be used. The quantities of the liquid thermosetting materials shall be in accordance with the manufacturer's standards to provide the lining thickness specified. b. The wet out tube shall be inserted through an existing manhole or other approved access by means of an inversion process and the application of a hydrostatic head sufficient to fully extend the lining to the next designated access point. The impregnated tube shall be inserted into the inversion standpipe with the impermeable plastic membrane side out. At the lower end of the inversion standpipe, the tube shall be turned inside out and attached to the inversion standpipe D2-13(3) City of Fayetteville Sewer System Improvements I so that a leak proof seal is created. The inversion head will be adjusted to be of sufficient height to invert the liner to the next access point designated and to hold the liner snug to pipe wall and to produce dimples at side connections and flared ends at the entrance and exit access points. The use of a lubricant is recommended and if used such lubricant shall be approved by manufacturer's standards. The manufacturer's standards shall be closely followed during the elevated temperature process curing so as not to over stress the felt fiber and cause damage or failure of the liner prior to cure. In certain cases, the Contractor may elect to use a Top Inversion. In this method the tube is pre -inverted to a distance that corresponds to the minimum inversion head and instead of attaching to an elbow at the base of the inversion tube,.. the liner is attached to a top ring. c. After inversion is completed the Contractor shall supply a suitable heat source and water recirculation equipment. The equipment shall be capable of delivering hot water to the far end of the liner through a hose, which has been perforated per manufacturer's recommendations, to uniformly raise the water temperature in the entire liner above the temperature required to effect a cure of the resin. This temperature shall be determined by the resin/catalyst system employed. The heat source shall be fitted with suitable monitors to gauge the temperature of the incoming and outgoing heat exchanger circulating water. Thermocouples shall be placed between the tube and the invert at near and far access points to determine the temperature of the tube and time of exotherm. Water temperature in the line during the cure period shall not be less than 150°F as measured at the heat exchanger return line. Initial cure shall be deemed to be completed when inspection of the exposed portions of the liner appear to be hard and sound and the thermocouples indicate that an exotherm has occurred. The cure period shall be of a duration recommended by the resin manufacturer, as modified for the Insituform process, during which time the recirculation of the water and cycling of the heat exchanger to maintain the temperature in the tube shall be continuous. d.. The Contractor shall cool the hardened CIPP to a temperatures below 100°F before relieving the static head in the inversion standpipe. cool -down may be accomplished by the introduction of cool water into the inversion tube to replace water being drained from a small hole made in the end of the CIPP at City of Fayetteville D2-13(4) Sewer System Improvements I I I I tl 11 1 L I I I I J the downstream end. Care shall be taken in the release of the static head such that a vacuum will not be developed that could damage the newly installed CIPP. e. The finished CIPP shall be continuous over the entire length of an insertion run and be free from visual defects such as foreign inclusions, dry spots, pinholes, and delamination. The CIPP shall be impervious and free of any leakage from the pipe to the surrounding ground or from the ground to the inside of the CIPP. Any defects which will affect, in the foreseeable future, or warranty period, the integrity or strength of the CIPP, shall be i repaired at the Contractor's expense, in a manner mutually agreed by the Owner and the Contractor. 7. Completion of CIPP a. If due to broken or misaligned pipe at the access point, the CIPP fails to make a tight seal, the Contractor shall apply a seal at that point. The seals shall be of a resin mixture compatible with the CIPP. b. After the CIPP has been cured, the Contractor shall reconnect the existing active service connections. I Reconnection of service connections shall be accomplished by external excavation unless otherwise allowed by the Engineer. Any bypass pumping that is required shall be provided at no ' additional cost where lining is being performed. Service interruptions to any homes tributary to this sewer line shall not exceed 18 hours. C. The watertightness of the CIPP shall be gauged while the tube is curing, and under a positive head. After the work is completed, the contractor will provide the Owner with a video tape showing both the before and after CIPP conditions including the restored connections. Upon completion of the installation work, and after required testing indicates the CIPP is acceptable, the Contractor shall reinstate the project area affected by his operation and perform any surface restoration in accordance with these Specifications. d. Service connections in CIPP lines shall be externally reinstated with a saddle unless otherwise directed by the Engineer. Contractor shall remove the appropriate amount of carrier pipe to allow the saddle to be directly connected to the outside wall of the CIPP. An epoxy, meeting the manufacturers recommendation, shall be applied to the saddle to assure a water tight seal between the D2-13(5) City of Fayetteville Sewer System Improvements 1 saddle and insituform liner. The saddle shall be secured with stainless steel bands. After the epoxy has set, the Contractor shall completely encase the saddle and exposed CIPP in concrete. Care shall be used not to damage the CIPP, if damage occurs as a result of the Contractor's operations, the Contractor shall assume all cost associated with the repair of the CIPP. ' e. Internal service reconnections shall be as noted in the plans. For internal reconnections of service laterals it is intended that they be reopened without excavation, utilizing a remotely controlled cutting device, monitored by a video TV camera. The Contractor shall certify he has a minimum of two (2) complete working cutters plus spare key• components on the site before each inversion. 8. Manhole Connections ' All cracked or deteriorated material shall be removed ' from the area to be sealed. Thoroughly plug the annular space between the liner and the host pipe with resin used to impregnate the liner. Finish grout smooth and flush with the interior manhole wall surface and make watertight with non -shrink grout. 9. Testing Repaired Sanitary Sewer Lines Following installation of CIPP, sanitary sewer liner will be tested for watertightness utilizing television • inspection concurrent with dyed water flooding. All testing will be directed by the Engineer as specified in Section D1-9. D. Measurement and Payment 1. CIPP , Payment shall be made at the Contract Unit Price as indicated on the Bid Schedule per linear foot of CIPP installed for applicable sewer diameters. The Contract Unit Price shall be payment in full for performing the work and for furnishing all labor, supervision, materials, excavation, backfilling, surface restoration including sod and pavement as required, equipment, and testing necessary to complete the work. , 2. Obstruction Excavation Payment shall be made at the Contract Unit Price I indicated on the Bid Schedule. Payment shall include excavation, backfill, restoration and up to fifteen (15) City of Fayetteville D2-13(6) Sewer System Improvements I linear feet of main line sewer replacement and any related lateral and service connection work. 3. External Service Lateral Reinstatement Payment for external reinstatement of service laterals shall be made at the Contract Unit Price indicated on I the Bid Schedule for each service reinstated. External reinstatement shall include 4 linear feet of service lateral. Payment shall include material and labor, excavation, backfill and restoration necessary to complete the work. 4. Internal Service Lateral Reinstatement IPayment for internal reinstatement of service laterals shall be at the Contract Unit Price indicated on the bid 1 schedule for each. No additional payment will be made for excavations for the purpose of reopening connections and the Contractor will be responsible for all costs and liability associated with such excavation and 'restoration work. 5. Manhole Connections ' No contract prices are established for connections at manholes, but shall be considered subsidiary to the cost of the CIPP. 6. Pre and Post Television Inspection Payment shall be made at the Contract Unit Price per linear foot for each as indicated on the Bid Schedule. F IEND OF SECTION D2-13 I I I D2-13(7) City of Fayetteville Sewer System Improvements D2-15 SANITARY SEWER CONSTRUCTION A. General 1. Scope This Section governs all work, materials and testing required for installation of gravity pipelines of the respective types and sizes shown on the Drawings for the particular location and conforming to the requirements of these specifications. All pipelines shall be constructed to proper line and grade as shown on the Drawings and shall result in an unobstructed, smooth and uniform conduit. I I 2 3. Description Sanitary sewer construction shall consist of furnishing all labor, materials and equipment for the complete installation of sewers and appurtenances in accordance with the Contract Documents. Revisions of Standards When reference is made to a ASTM, ANSI, AWWA, MCIB, the shall be understood to mean specification as amended at Bidders, except as noted on Specifications. B. Materials 1. General Standard Specification i.e. Specification referred to the latest revision of said the time of the Notice to the Drawings or in the This section governs materials required for pipeline construction. a. Requirements Furnish pipe of materials, joint types, sizes, and strength classes indicated and specified. Higher strengths may be furnished at the Contractor's option, at no additional cost to the Owner. b. Manufacturer The manufacturer shall be experienced in the design, manufacture and commercial supplying of the specific material. D2-15(1) City of Fayetteville Sewer System Improvements I c. Testing Testing shall be performed by the manufacturer's quality control personnel in conformance with applicable standards. Testing may be witnessed by Owner, Engineer, or an independent testing laboratory. The Contractor shall provide three (3) copies of certified test reports indicating that material does conform to the specifications. d. Handling The manufacturer and contractor shall use equipment and methods adequate to protect the pipe, joint elements and prevent shock contact of adjacent unit during moving or storage. Damaged sections that cause reasonable doubt as to their structural strength or watertightness will be rejected: 2. Pipe, Fittings, Joints, Coatings and Linings a. General I I I I I I Furnish pipe and fittings of materials, joint types, sizes, strength classes, coatings and linings as indicated and specified. Rubber couplings shall be Fernco., Shear Ring type, DFW/HPI Non -Shear type, or equivalent. Rubber couplings shall be fastened using two type C-305 stainless steel adjustable clamps to provide a leakproof seal. b. Ductile -iron pipe and fittings shall be Class 50 conforming to ASNI A21.51, except as otherwise specified herein. 1) General Furnish maximum pipe lengths normally produced by the manufacturer, except for fittings, closures, and specials. 2) Joints Mechanical and push -on joints for pipe and fittings shall conform to the requirements of ANSI A21.11. Flanged joints for ductile iron pipe and fittings shall conform to the requirements of ANSI A21.10. Gaskets shall be neoprene or other synthetic rubber material. Natural rubber gaskets will not be allowed. I I I I I I City of Fayetteville D2-15(2) Sewer System Improvements Iu I 3) Fittings Fittings shall be in accordance with ANSI/AWWA C 110/A21.10 and shall have a pressure rating of not less than that specified for the pipe. Fittings used with ductile iron pipe shall be ductile iron or cast iron. Fittings for pipe with mechanical joints shall have mechanical joints. Fittings for pipe with push -on joints shall have either mechanical joints or push -on joints. 1 4) Coatings Where required pipe and fittings shall be furnished with exterior bituminous coating conforming to ANSI A21.51. IC. SDR 26 Polyvinyl Chloride (PVC) Plastic Sewer Pipe and Fittings shall conform to ASTM D-3034 for pipes 4 inches through 15 inches in diameter. SDR 26 ' Polyvinyl Chloride (PVC) sewer pipe and fittings shall conform to ASTM D-2241 for pipes 18 inches in diameter. Ii) Furnish maximum pipe lengths normally produced by the manufacturer except for fittings, closures and specials. 2) The pipe shall be made of PVC plastic having a cell classification of 12454 B as defined in ASTM D 1784. The resin portion of the copolymer compounds shall contain a minimum of 90 percent vinyl chloride and the compounding ingredients shall not exceed 10 percent by weight. The compounding ingredients may consist of lubricants, stabilizers, non poly (vinyl chloride) resin modifiers, and pigment essential I. for processing, property control, and coloring. Certification of resin compounding shall be provided by the pipe manufacturer prior to shipment to the job site. One test to verify resin compounding may be required by the Owner or Engineer. The test shall be performed by an independent testing laboratory to which the Owner has no objection and shall be performed on a sample of pipe obtained from the job site. The test shall be performed at no additional cost to the Owner and shall be performed in accordance with ASTM D 817 - Ash Determination for pipe manufactured with I primarily noncombustible compounding ingredients. I D2-15(3) City of Fayetteville Sewer System Improvements 3) Pipe shall have an integral wall bell and spigot joint and a minimum wall thickness conforming to SDR 26. 4) Joints shall conform to ASTM D 3212. Joints shall be push -on type only with the bell -end grooved to receive a gasket. Elastomeric seal (gasket) shall have a basic polymer of synthetic rubber conforming to ASTM F 477. Natural rubber gaskets will not be allowed. 5) Fittings defined as wye connections suitable for assembly to four (4) inch or six (6) inch building service lines shall be bell -end with a minimum wall thickness conforming to SDR 26 and shall be furnished by the pipe manufacturer. Tee fittings shall be DIP as previously specified. d. Polyvinyl Chloride (PVC) Plastic Water Pipe The pipe material shall be Polyvinyl Chloride (PVC) meeting the requirements of ASTM D 1784, with a cell classification of 12454-B. The standard Dimensional Ratio for the pipe will be DR14 (Class 200) conforming to AWWA 900. e. Non -Metallic Water and Sanitary Sewer Pipe Detection 1. The detectable tape shall be "Detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in a protective inert plastic jacket that is impervious to all known alkalis, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2 1/2, pounds/1" x 1000'. 2. The tape shall be color coded and imprinted with the message as follows: Type of Utility Color Code Legends Water Safety Precaution Caution Buried Blue Water Line Below Sewer Safety Green Caution Buried Sewer Line Below I City of Fayetteville D2-15(4) Sewer System Improvements C. I I I I 1. General a. Install pipelines in accordance with the applicable reference standard listed below and as specified herein. 1) ASTM D 2321 - PVC Solid Wall, PVC Composite Wall. 2) AWWA C 600 - Installation of Ductile Iron Water Mains and Appurtenances. 2. Site Preparation and Excavation a. site preparation shall be as specified in Section D2-1. b. Excavation shall be as specified in Section D2-9. c. All existing lines which are to be abandoned shall be internally inspected to identify locations of all. existing service connections. 3. Pipe Embedments a. Install a minimum of 6 inches of crushed limestone pipe bedding at all locations except where the pipe is encased in concrete. b. Place pipe bedding below and on the sides of the pipe as indicated in the typical trench details on the Drawings. c. Compact bedding and dig bell holes for bell and socket pipe so that the pipe is uniformly supported for its entire length and will be true to line and grade after installation. d. After each pipe has been brought to grade, aligned, and placed in final position, extend the crushed limestone bedding to the pipe spring line. Shovel slice sufficient bedding material under the pipe haunches and on each side of the pipe to hold the pipe in proper position during subsequent pipe jointing, bedding, and backfilling operations. crushed limestone embedment material shall then be added to a compacted depth of twelve (12") inches above the top of pipe. e. Place pipe that is to be concrete encased in proper position on temporary supports consisting of wood blocks or bricks with wood wedges. When necessary, anchor or weight the pipe to prevent flotation when the concrete is placed. D2-15(5) City of Fayetteville Sewer System Improvements I f. Place concrete for embedment or encasement uniformly on each side of the pipe and deposit at approximately its final position. Do not move concrete more than five (5) feet from its point of placement. 4. Pipe Laying a. Pipe laying shall not proceed if the trench width as measured at the top of pipe exceeds the maximum allowable trench width. If this occurs the Contractor shall provide, to the approval of the Engineer better bedding for the pipe or pipe of sufficient strength to provide safe supporting strength. b. Store and handle pipe and fittings with care to prevent damage thereto. Do not use hooks to transport or handle pipe or fittings. Do not drop pipe or fittings. c. Rejected pipe and fittings shall be marked and removed from the Project Site at no cost to the Owner. Examine pipe and fittings for soundness and specification compliance prior to placement in the trench. d. Clean joint contact surfaces prior to jointing. Use lubricants, primers, or adhesives as recommended by the pipe' or joint manufacturer. e. Pipe laying normally shall begin at the lowest point. f. Unless otherwise required, lay all pipe straight between manholes. Excavate bell holes for each pipe joint. When jointed, the pipe shall form a true and smooth pipeline. g. Plug pipelines at the end of each day's progress. Utilize plugs or other positive methods of sealing at all times to protect any existing system from entrance of stormwater or other foreign matter. Contractor shall reconnect the existing active service connections and activate the sewer line as directed by the Engineer. 5. Building Service Laterals a. Unless otherwise noted on the plans, all active service connections on sewer segments to be abandoned or removed and replaced shall be connected to the proposed sanitary sewer. Contractor shall be responsible for locating service connections prior to construction. City of Fayetteville D2-15(6) Sewer System Improvements b. Install tees at an angle of no more than forty-five ' (45) degrees or less with pipe springline, for pipe sizes 8 through 21 inch diameter. c. Reconnection of building service shall include replacement of 4 linear feet of service lateral. d. Install Building service lines with a straight alignment and at a uniform grade not less than one (1) percent unless otherwise specified. Embedment shall be same as main sewer. When a building ' service line grade exceeds twenty (20) percent, pipeline anchors shall be installed as required for anchors, with the first anchor not more than twelve (12) nor less than seven (7) feet upstream of the wye. e. Maintain an accurate record for submittal to the 1 Engineer of location, size and direction of each tee, saddle and/or location, size and length of each building service line. Locations shall use the pipeline stationing as shown on the Plans, or the distance from the first downstream manhole. f. Contractor shall verify by testing all service connections to determine if they are active or inactive. Only active services shall be connected to the existing sanitary sewer system. Inactive services shall be plugged with hydraulic .cement. In addition, the Contractor shall be responsible for any liability associated with the accidental plugging of active services. g. All service laterals shall be inspected by the Owner's Representative prior to reconnection to the ' replacement sewers. If the service laterals are found to be in a deteriorated condition in the opinion of the Owner's Representative, then the ' Contractor shall replace the service lateral to the property line as directed by the Owner's Representative. h. All service laterals shall be tee connections. 6. Extension of Service Laterals Service laterals which require a connection to the relief/replacement sewer greater than four (4) feet in ' length, measured horizontally, shall be considered a service lateral extension. The service location for all abandoned, replacement, or relief sewer shall be determined prior to excavation. The extension pipe shall be laid to provide sufficient slope to the new sanitary sewer not less than two (2) percent unless otherwise specified. All building lateral extensions on ' private property shall be made by a licensed Master plumber. D2-15(7) City of Fayetteville Sewer System Improvements I 7. Anchors Anchor pipelines in accordance with the table below: ' PIPELINE ANCHORS Percent Center to Center of Grade Max. Spacing (Feet) 0-20 Not Required 20-35 36 35-50 24 > 50 16 The anchor shall be made of concrete or other material approved by the Engineer. Concrete anchors shall have a minimum thickness of twelve (12) inches. The anchor shall extend not less than one (1) foot into undisturbed earth on the sides and bottom and one (1) foot above top of pipe. In incompressible material, the above dimensions may be six (6) inches each side and bottom. The anchor shall support a joint fitting. 8. Connection of Pipes of Dissimilar Materials Connect different pipe materials using proprietary transition couplings, that will provide permanent and watertight connections which will withstand the hydrostatic test pressure. 9. Sewer Pipe and Water Main Separation Sanitary sewers, house sewers or storm drains that are laid in the vicinity of pipe lines designated to carry potable water shall meet the following conditions. a. Parallel Installation - Sewers and Water Mains 1) Normal Conditions - Any sanitary sewer, storm sewer or sewer manhole shall be located at least ten (10) feet in all directions from water mains, whenever possible; the distance shall be measured from edge to edge. 2) Unusual Conditions - Where the ten (10) foot separation cannot be achieved, the vertical separation shall be a minimum of two (2) feet between outside diameters and the horizontal separation shall be a minimum of four (4) feet. The sewer shall be located below the water main b. Crossings - Sewers and Water Mains 1) Normal Conditions - A vertical separation of at least 18 inches shall be maintained between any potable water supply and sanitary sewers. City of Fayetteville D2-15(8) Sewer System Improvements 1 2) Unusual Conditions - When local conditions ' prevent a vertical separation as described above, the water main can be relocated. 10. Drainage Course Crossing Pipelines that cross well-defined drainage courses and have less than three (3) feet of cover shall be ductile iron or concrete encased. The length of ductile iron pipe or concrete encasement shall be as indicated, or if not indicated, as specified by the Engineer. 11. Polyethylene Wrapping ' Polyethylene material for pipe encasement and all ductile iron pipe shall meet the requirements of -ANSI/AWWA C -105/A21.5-82, or latest revision thereof. 12. Non -Metallic Water and sanitary Sewer Pipe Detection Detectable underground utility warning tapes which can be located from the surface by a pipe detector shall be installed above non-metallic pipe. I 8n I I I 1 16 I I Installation of detectable tapes shall be per manufacturer's recommendation and shall be as close to the grade as is practical for optimum protection and detectability. Allow a minimum of 18 inches between the tape and the line. Backfill Backfill trenches as specified in Section D2-10. Clay dams or concrete dams (1500 psi minimum) shall be placed at locations as shown on the Contract Drawings, or as directed by the Engineer. Testing Test new sanitary sewers in accordance with Section D1-9. Test replacement sewers (where previous cross connections with storm sewers existed) in accordance with Section D1-8. Bypass Pumping Perform bypass pumping for wastewater shall discharge drainage structures. flow control. No bypassed to natural or manmade Abandonment of Existing Manholes a. Prior to the abandonment of a manhole, Contractor shall verify that no existing services will be affected. L D2-15(9) City of Fayetteville Sewer System Improvements I b. The top. of the manhole shall be lowered to an elevation at least 24 inches below final grade. C. All pipes shall be plugged with hydraulic cement, to a minimum depth of 1 foot. After the cement has set, the manhole shall be filled with thoroughly tamped sand or Class 7 Base. Surface restoration shall be compatible with surrounding surface. d. Frames and covers shall be removed from the site. 17. Pipe Plugging and Sanitary Sewers to be Abandoned a. Prior to the plugging of a sewer segment, Contractor shall verify that no existing services will be affected. b. Physically remove sanitary sewer pipe outside of the manhole for a minimum distance of one foot. c. Fill pipe for a minimum length of one foot with hydraulic cement. Fill void outside of manhole with hydraulic cement, and repair manhole wall. 18. Clay Dams Clay dams shall be per detail shown on drawings. Only items listed below will be measured for payment. All. other costs shall be included in the unit or lump sum prices for the item affected thereby. 1. Sewer Pipe Sewer pipe of the respective type, size, and/or strength including specified pipe embedments (other than concrete), and testing will be paid for at the Contract Unit Price per linear foot of pipeline actually required and installed, measured along the centerline of the pipeline from center of manhole to center of manhole. This item includes costs for location of existing services, excavation, existing pipe removal and disposal (for open cut only), furnishing and placing pipe embedment materials, tees, furnishings and placing pipe, fittings and joint material, making connections to pipe of dissimilar materials, making connections to manholes, backfill, testing, and any resulting restoration and repairs and incidental and appurtenant work required to complete the item. Restoration in paved areas will be paid for in accordance with the Bid Schedule for the various applicable items affected by the sewer construction. I I L I I City of Fayetteville D2-15(10) Sewer System Improvements L' 2. Trench Depth Depth categories for payment purposes shall be zero to six feet and four foot increments for pipe depths greater than six feet. Trench depth shall be measured from the surface of the ground to the flow line of the pipe. Exceptions to this section include boring and ' jacking where no depth categories for payment purposes shall be applicable. 3. Connect Service Laterals ' Payment for connection of service laterals to the proposed replacement/relief sewer shall be at the ' Contract Unit Price indicated. Payment shall include 4 linear feet of the service lateral which may be required to connect the service lateral to the proposed replacement/relief sewer. Payment shall also include 1 trench backfill, restoration and testing. 4. Extension of Service Laterals Payment for extension of service laterals from the initial four (4) feet of lateral shall be at the Contract Unit Price indicated. Payment shall include the length of service lateral required to extend the service lateral to the proposed replacement/relief sewer, trench backfill, restoration and testing. 5. Installation of Service Lateral Cleanout I Payment for installation of service lateral cleanouts shall be at the Contract Unit Price indicated. Payment shall include furnishing and installation of the cleanouts. 6. Internal Television Inspection • Payment for cleaning, pre -television and post -television inspection shall be at the Contract Unit Price indicated. 7. Concrete Encasement of Sewer Pipe Payment for installation of concrete encasement where indicated on the plans or as directed by the Engineer, shall be at the contract price per cubic yard. Payment shall include all labor, materials, and form work 1 necessary to perform the work. 8. Pipe Plugging and Sanitary Sewers to be Abandoned. Pipe plugging and abandoning of sanitary sewers 10 feet or less in length shall be incidental to the Contract. D2-15(11) City of Fayetteville ' Sewer System Improvements 9. Clay Dams Payment for clay dams shall be at the Contract Unit Price indicated and shall include all labor and materials necessary to complete the work. 10. Sewer Main Pipe The unit price for sanitary sewer pipe replacement shall be eligible for 60 percent after the replacement is made, an additional 10 percent is eligible after testing is complete and an additional 30 percent is eligible after restoration is complete. END OF SECTION D2-15 City of Fayetteville D2-15(12) Sewer System Improvements I I I I I I I I I I I I I D2-16 CONCRETE STRUCTURES 1. Description This section describes the installation of new cast -in - place concrete manholes, and precast manholes, and other miscellaneous structures. 2. Furnish the labor, materials, equipment, tools, and services required for the installation of the concrete work required on this project. i. Coal -Tar Epoxy Paint Kop Coat "Bitumastic Black Solution," Tnemec, "46-450 Heavy Tnemecol", or equal. Dry film thickness shall be a minimum of 14.0 mils per coat. Non -Shrink Grout Grout shall be non -shrink in the plastic state and show no expansion after set as tested in accordance with ASTM C 827 and shall develop compressive strength not less than 3,000 psi with a trowelable mix within 24 hours per ASTM C 109. The placement time shall be not less than 45 minutes based on initial set per ASTM C 191. Test results shall be furnished by the manufacturer and submitted to the City's Representative. 3. Flexible Gaskets Openings for each connecting pipe shall be circular with a compression type flexible rubber gasket cast integrally into the manhole wall. Flexible gaskets shall be manufactured in accordance with rubber joint specification ASTM C 443 and shall meet the performance and test requirements of ASTM C 425 for compression joints. Flexible gaskets shall be A-Lok, Presswedge, or equal. 4. Bitumastic Gasket Material Bitumastic gasket material shall meet or exceed Federal Specification SS -S -210A. The material shall show no signs of deterioration for a period of 30 days when immersed in solutions of acid, alkali or saturated hydrogen sulfide. Joints shall show no sagging when tested at 135°F for a period of five days. Bitumastic ' D2-16(1) City of Fayetteville Sewer System Improvements I Gasket Material shall be GS/5 Precast Concrete Sealant or CS -102 Con Seal, EZ-STIK, or equal. Trowelable bitumastic material shall be GS -702 compound or equal. Precast concrete grade adjustment rings shall conform to the requirements of ASTM C-478 and shall be one continuous structure. To accommodate steep surface grades, non -uniform precast adjustment rings may be manufactured so that they are two -inches deep on one side and three -inches deep on the opposite side. In no instance may any non -uniform precast adjustment rings be less than two -inches thick or be of multiple piece construction. Adjustment rings of uniform thickness must be at least two inches thick. Frames and Covers Manhole frames and covers shall conform to ASTM A48, Class 35 or better, for gray iron, and shall have a tensile strength of 35,000 psi. The cover shall have pick bars or pick slots. Each cover shall set flush with the rim of the frame and shall have no larger than a 1/8 -inch gap between its outside edge and the inside of the frame. All bearing surfaces shall be machine finished. Frames and covers shall be Vulcan V-1342-1 or approved equal. 7. Manhole Inserts Inserts shall not be used on manholes with pipes greater than 12" in diameter. The manhole insert shall be manufactured from corrosion resistant material suitable for atmospheres containing hydrogen sulfide and diluted sulfuric acid and other gasses associated with wastewater collection systems. The body of the .insert shall be made of ultra high density, high molecular weight polyethylene copolymer virgin Marlex 50100 or equal meeting ASTM specification designation D1248 Class A, category 5, type III, with a minimum impact brittleness temperature of -180 degrees F. The thickness shall be a minimum 0.187 (3/16") inches. Each insert shall have no larger than a 1/8" gap between its outside edge and the inside of the frame. The gasket shall be made of closed cell neoprene, and shall be installed by the manufacturer and shall have a pressure sensitive adhesive on one side. It shall be attached to the weight bearing surface of the dish. A lift strap shall be placed on the rising edge of the bowl with the center of the rivet being within 2 inches of the top of the bowl. It shall be i" wide polypropylene web. The strap shall be attached by means of a stainless steel rivet and a stainless steel 3/4" backup washer. All cut edges of the strap are seared to insure against raveling. I L L 1 [_I I I i_I I I I ri I I I City of Fayetteville D2-16(2) Sewer System Improvements I I Ventilation is provided by a valve located within four inches of the vertical edge of the bowl. The valve allows a maximum release of 5 gallons of water per ' 24 hours and is not effected by debris that will collect in the bottom of the dish. The valve must have a filter fabric outer covering. It must vent sewer gas at one psi or less. The valve shall be installed by the ' manufacturer at the factory. The valve shall have a threaded shank which is screwed in. ' The insert shall have proof of durability in traffic impact loads. This shall be documented with an engineer certified proof test passing H-20 loading." ' 8. Steps Manhole steps will not be required. 9. Cast -in -place (Monolithic) Concrete Manholes The design of standard manholes shall be the responsibility of the Contractor. Sketches of all manholes indicating complete details of the proposed design shall be submitted to the Owner's Representative ' for review prior to ordering material and/or construction. Cast in place construction will be considered for circular manholes only unless appropriately designed with reinforcing steel. The concrete for circular manholes shall be reinforced with wire mesh conforming with this document. The minimum sidewall thickness shall be 6 inches or one -eighth the ' inside diameter whichever is greater. The base thickness of manhole below the underside of flow channel shall vary, depending on the diameter, the depth of manhole, whether base is reinforced or not and on the type of joint occurring between base slab and wall. The minimum base thickness shall be 8 inches or 1/8th the manhole diameter plus 1/30th of the manhole depth, whichever is greater. a. Foundations of manholes for sanitary sewer shall be concrete of a minimum compressive strength of 4000 psi at 28 days. The invert channels shall be smooth, accurately shaped, and in accordance with the ' plans. Where changing line sizes occur, the crowns (top insides) of the pipe should be matched unless otherwise approved by the City's Representative. The ' invert of the manholes shall be shaped and smooth so that no projections will exist. Flow channels will be formed in the inverts so that the manhole will be self-cleaning and free of areas where solids may be ' deposited as sewage flows through the manhole from all inlet pipes to all outlet pipes. Where the pipe can be laid continuously through the manhole, the pipe can be placed in the base. After the construction of the manhole, the pipe can be trimmed D2-16(3) City of Fayetteville ' Sewer System Improvements H by cutting out the top half after the concrete base is constructed and has cured sufficiently. If it is not possible to lay the pipe continuously through the manhole base, the invert may be poured and formed directly in the concrete of the manhole base. The invert floor shall have a minimum slope of 1" per foot unless noted otherwise. The manhole invert shall extend from wall to wall. The minimum thickness for all bases shall be eight (8) inches. Reinforce bases with #4 bars at 12 -inch centers each way. Tie and place reinforcing steel above the midpoint. The minimum cover over the reinforcement shall be two (2) inches. When the connecting pipelines are required to have concrete embedment, extend reinforcing steel not less than twenty (20) bar diameters into the manhole base. b. Openings for each connecting pipe shall be circular with a compression type flexible rubber gasket cast integrally into the manhole wall. c. A minimum of six (6) inches rock cushion shall be used beneath manhole foundations. Where trench has been overexcavated, the void created shall be' completely filled with a rock cushion to the underside of the manhole base. d. In the event that groundwater is present during the pouring of a cast -in -place manhole foundation, a pump shall be used to remove the groundwater. Prior to pouring, the subgrade shall be stable, free from muck and groundwater. After the concrete foundation has been placed, the pump shall continue to run for at least two (2) hours to enable the concrete to obtain its initial set. e. Cast -in -place concrete manholes shall have a minimum inside diameter at the base of four (4') feet and an inside diameter at the top of the cone section of not less than twenty-four (24") inches unless specified otherwise herein. The manhole shall have a minimum wall thickness of six (6") inches and shall be smooth having no form marks on the interior wall or exterior wall of the manhole exceeding one -quarter (1/4") inch in depth. Concrete used for the manhole barrel and cone section shall be a minimum compressive strength of 4000 psi at 28 days, with a slump of five (5") inches to seven (7") inches during the placement. Concrete shall not be so dry as to cause extensive honeycombing. During the placement of the concrete in the manhole barrel forms, thorough vibrating shall be completed at two (2') foot intervals. If cold joints are necessary because of a time lapse of more than one hour between placements then a concrete bonding adhesive shall be applied to the existing concrete. A concrete collar at least four (4") I I I C I I I I I I I LI I I I City of Fayetteville D2-16(4) Sewer System Improvements I I ' inches thick shall extend a minimum of eight (8") inches above and below the new joint around the outside of the manhole. If honeycombing of the ' barrel of the manhole is found to be present after removal of the forms, such honeycombing shall be repaired as directed by the Owner's Representative. Any form marks on the inside wall shall be smoothed ' and grouted as directed. Curing compounds or covers may or may not be used at the option of the Contractor to protect the concrete to prevent I. cracking during the curing process and to protect the manhole during freezing temperatures. The manhole shall not be backfilled for at least two (2) working days after forms have been removed or a minimum of three (3) working days after the concrete has been placed. If. Reinforcing steel used in design of reinforced manhole foundations shall conform to ASTM A 615, Grade 60, deformed bars. g. Welded steel wire fabrics for cast -in -place manholes shall conform to ASTM 185. h. Manhole bases shall be integral cast. The diameter of the integral base pad shall be eight (8) inches greater than outside diameter of the manhole. 10. Precast Concrete Manhole Sections a. Manholes shall conform to ASTM C 478 and as specified 'herein. b. Concentric cones shall be utilized when manhole depth ' exceeds six feet. c. Reinforced concrete flat -top sections shall have a ' 24 -inch diameter opening and be a minimum eight inches thick in non -traffic areas and a minimum ten inches thick in traffic areas. Reinforce flat -top sections with #4 bars at 12 -inch centers each way. Tie and place reinforcing steel below the mid point. The minimum cover over the reinforcement shall be two (2) inches. ' d. Openings for each connecting pipe shall be circular with a compression type flexible rubber gasket cast ' integrally into the manhole wall. Flexible gaskets shall be manufactured in accordance with rubber joint specification ASTM C 443 and shall meet the performance and test requirements of ASTM C 425 for compression joints. Flexible gaskets shall be A-Lok or equal. e. Preformed and trowelable bitumastic joint sealants ' shall be Kent -seal, Ram-Nek, EZ-STIK, or equal. The D2-16(5) City of Fayetteville Sewer System Improvements minimum dimension of preformed material shall be one- half (1/2) inch square. f. Do not deliver precast concrete sections to the job until representative concrete cylinders have attained a strength of at least 80 percent of the specified minimum. Inspect precast concrete sections when delivered. Cracked or otherwise visibly defective units will be rejected. 12. Shallow Manholes Shallow manholes will be used where manhole depth is four (4) feet or less. All shallow manholes shall be constructed as per detail sheet. Frame and lid with pick slots shall conform to Note #2 shown on detail sheet. 1. General Install manholes of the respective types at the designated locations with flowlines at elevations to match existing. 2. Manhole diameters unless otherwise noted shall be 48 inches for pipe between 6 inches and 18 inches in diameter. 3. Form inverts with mortar material and steel -trowel to produce a dense, smooth finish and shape to form a "U"- shaped channel approximating the lower one-half (1/2) cross section of the connecting pipelines and extending upward three -fourths (3/4) of the inside pipe diameter in a "U" -shape. Provide smooth transitions for pipes of different sizes, different elevations, and/or at different angles. Also form inverts to provide self- cleaning by sloping normally two (2) inches from manhole wall to edge of "U" channel with a smooth finish. 4. Pipe Stubs a. Install pipe stubs for future connections at locations, angles, elevations, and of materials as shown on the Drawings. b. Install each pipe stub with the bell of the pipe abutting the outside manhole wall, or the joint if other than a bell, as near the manhole wall as is practicable but not more than two (2) feet from outside manhole wall for later connection thereto. 5. Pipe holes at manholes shall be permanently sealed watertight after installation of the connecting pipelines. [1 I City of Fayetteville D2-16(6) Sewer System Improvements I I I 6. construct connections to existing manholes in conformance with this section. Excavate around the existing manhole so as not to disturb the manhole. The manhole wall shall ' be removed for no greater diameter than required to insert new pipe. Drop manholes shall have an inside drop connection. Reshape manhole invert and channel to accept ' the flows from the new pipe. Chip the existing invert to a rough new surface and install a new channel and invert the entire side where the new pipe enters. Take care to prevent brick or other foreign material from entering the ' existing downstream sewer. Retrieve such debris. After the new pipe is installed, completely fill and render permanently watertight the void around the new pipe with a grout conforming to the material specifications herein. 7. Manhole Adjustments ' a. Provide new manholes with a maximum of one (1) foot of adjustment ring(s) underneath the casting. b. Joint surfaces between the frame, adjustments, and cone section shall be free of dirt, stones, debris, and voids to ensure a watertight seal. Place a flexible gasket joint material, minimum 1/2 -inch thick, in two concentric rings along the inside and outside edge of each joint. Position the butt joint for each length of joint material on opposite sides of the manhole. No steel shims, wood, stones, or any material not specifically accepted by the owner's Representative may be used to obtain final surface elevation of the manhole frame. c. In paved areas or future paved areas, castings shall be installed by using a straight edge not less than ' ten (10) feet long so that the top of casting will conform to the slope and finish elevation of the paved surface. The top of the casting shall be ' 1/8 -inch below the finished elevation. Allowances for the compression of the joint material shall be made to assure a proper final grade elevation. ' d. Manhole rims in parkways, lawns and other improved lands shall be at an elevation not more than one (1) nor less than one-half (1/2) inch above the ' surrounding ground. Backfill shall provide a uniform slope from the top of manhole casting for not less than three (3) feet each direction to existing finish ' grade of the ground. The grade of all surfaces shall be checked for proper slope and grade by string lining the entire area regraded near the manhole. ' e. Manholes in open fields, unimproved land, or drainage courses shall be at an elevation directed by the Engineer. i D2-16(7) City of Fayetteville Sewer System Improvements L I 10. Apply two coats of coal -tar epoxy paint to the manhole exterior. Coating shall be in accordance with Manufacturer's recommendation. Testing Test manholes in accordance with Section D1-7. Concrete testing for poured -in -place manholes shall consist of a minimum of one slump test and three concrete cylinders per truckload of concrete used for the manholes and collars. One cylinder shall be tested for compressive strength at seven days, one at twenty-eight days, and one shall be a spare. Formwork a. Vertical concrete surfaces shall be formed. The underside of slabs and beams shall be formed except where the concrete is placed against the ground. Sloping surfaces shall be formed unless otherwise .authorized by Owner's Representative. b. Construct and erect forms so that the concrete will have the shape, line, and grade indicated. Make forms mortar tight and sufficiently rigid to prevent deformation under load. Use an adequate number of walers, stiffeners, and braces to insure straight walls. C. Formwork, shoring, and bracing design shall meet the requirements of ACI 347. d. Except as noted, tolerances for formed surfaces shall meet the requirements of ACI 301. Edges of form panels in contact with concrete exposed to view in the finished work shall be flush within 1/32 -inch. Forms for plane surfaces shall be such that the concrete will be plane within 1/8 -inch in four ft. Leading edges of concrete shall lie within 1/4 -inch as measured from a 10 -ft template. e. Provide as -cast smooth form finish for formed concrete surfaces that are to be exposed to view, or that are to be covered with a coating material other than cement plaster applied directly to the concrete. f. Produce smooth form finish by selecting form material to impart a smooth, hard, uniform texture and arranging them orderly and symmetrically with a minimum of seams. I g. Repair. and patch defective areas with all fins and other projections completely removed and smoothed. 1 City of Fayetteville D2-16(8) Sewer System Improvements 1 11. I I H C H 12 I I I I I I I H H I Reinforcement a. Reinforcing steel shall be placed in accordance with ACI 301 and ACI 318. When concrete is placed, reinforcing shall be free of rust, scale, or other coatings that will affect the bond. Reinforcement shall be accurately placed, adequately supported, and secured in position at intersections with annealed wire not less than 16-ga or with clips. Reinforcement shall be supported to keep it away from exposed surfaces. Nails or other devices shall not be driven into forms to support reinforcement. b. Provide the following concrete cover unless otherwise shown on the drawings: Bottom face of slabs 1 inch Top face of slabs 1 1/2 inches Placing Concrete a. General (1) Do not place concrete until forms have been oiled, reinforcement has been fastened in position, form ties at construction joints have been retightened, and embedments and openings have been placed and anchored. (2) Remove debris from the space in which concrete is to be placed. b. Convey concrete from the mixer to the place of final deposit by methods which will prevent separation or loss of materials. The free fall of concrete shall not exceed three feet. c. Consolidating (1) Consolidate concrete with mechanical vibrating equipment and provide stand by equipment. Apply vibration directly to the concrete. Vibration shall be sufficient to cause flow or settlement of the concrete into place. Apply vibration at the point of deposit and in the freshly placed concrete. It shall be of sufficient duration to accomplish compaction and embedment of reinforcement and fixtures. (2) Supplement vibration by forking and spading by hand in the corners and angles of forms and along form surfaces while the concrete is plastic under the vibratory action. I D2-16(9) City of Fayetteville Sewer System Improvements 13. Curing a. Maintain concrete in a moist condition for seven days after placement. Curing may be by any of the following means: (1) Curing with burlap, cotton, or mats kept continuously wet, or by keeping forms continuously wet.. (2) Waterproof paper curing. Lay four inches at seams and seal with tape. (3) Membrane curing by power spraying with a fugitive dye included. Do not use this method on surfaces which will receive a finish treatment of any kind. Submit manufacturer's descriptive data of curing compounds for approval. Only items listed below will be measured for payment. All other costs shall be included in the unit or lump sum prices for the item affected thereby. 1. Standard Manhole a. The manhole depth shall be determined by measuring from top of casting to the invert at the center of the manhole. Payment will be made at the contract unit price for the applicable type, size, and depth for each manhole. Such payment and price shall constitute full compensation for all labor, materials, equipment, and for the performance of all work necessary to complete the manholes, including removal of existing manhole, excavation, concrete base, manhole frame and cover, waterproofing, concrete masonry, reinforced concrete, precast sections, internal drop pipe, backfilling, connection of any sewers, conduits, disposal of excess material and restoration. b. Payment for a standard manhole will be in accordance with the contract prices as follows: 1) A unit price to cover the construction of one standard manhole of the diameter and type indicated; 0 to 6 feet in depth. 2) A unit price which shall cover the entire cost of each additional foot of vertical manhole depth in excess of 6 feet, measured to the nearest 0.1 foot. City of Fayetteville D2-16(10) Sewer System Improvements , 2. Shallow Manhole Payment for shallow manholes will be made at the Contract Unit Price for each manhole constructed. Such payment and price shall constitute full compensation for all labor, materials, equipment and for the completion of all work shown on the drawings. 3. Concrete Collars Payment for a concrete collar shall be included in the Contract Unit Price for paved frame and grade sealing. 4. Payment Schedule The unit prices for complete manhole replacement shall be eligible for 60 percent payment of the unit price after replacement is made, an additional 10 percent is eligible after testing is complete and an additional 30 percent is eligible after restoration is complete. END OF SECTION D2-16 I I I I H I I I D2-16(11) City of Fayetteville Sewer System Improvements II II I H. D2-17 CLEANING AND TELEVISION INSPECTION OF EXISTING SANITARY SEWERS A. General 1. This section includes specifications for cleaning and closed circuit television inspection and all associated work for the pipe sizes and lengths of sewers encountered. 2. All sewers are to be inspected following cleaning. 3. It is not required that television inspection be provided by the Contractor during the cleaning operation. However, he may do so at his own expense. 4. Contractor's operations are limited to daylight hours on Monday through Friday except holidays unless previously approved by the Engineer. 5. Contractor shall provide traffic control personnel during operations to maintain safety of all personnel and public traffic maintenance. B. Materials 1. General The Contractor shall allow Engineer to become familiar with Contractor's equipment before commencement of work. 2. cleaning Equipment a. The Contractor shall provide all equipment necessary for proper flushing of the sewers in the sizes indicated prior to television inspection. Hydraulic high pressure cleaning equipment shall be specifically designed and constructed for sewer cleaning. The sewer cleaner shall have a minimum usable water capacity of 600 gallons and a pump capable of delivering at least 30 gallons per minute (gpm) at 1,000 psi. Pressure to the nozzle shall be regulated by a relief valve adjustable from 0 to 1,500 psi minimum. The equipment will be subject to approval by the Engineer. I D2-17(1) City of Fayetteville Sewer System Improvements b. Satisfactory precautions shall be taken to protect the sewer lines from damage that may result from the improper use of cleaning equipment. 3. Television Equipment , a. The television camera used for the inspection shall be specifically designed and constructed for such inspection and shall provide a color picture. Lighting for the camera shall be suitable to allow a clear picture for the entire periphery of the pipe acceptable to the Engineer. The camera shall be operative in 100 percent humidity conditions and shall have a minimum of 600 lines resolution. b., Cassette recording equipment will be required for all videotaping. The video tapes that will be provided to the Engineer shall be VHS format. C. Execution 1. Cleaning Operation a. Existing flows shall not be interrupted for periods longer than one hour. Sewage diverted during cleaning operations shall be returned to the sanitary system and not discharged into the natural waterways or storm sewer systems. Cleaning of these sewers may be by means of hydraulic high pressure jetting or other equipment as needed. b. Arrangements for construction water and meter must be made with the City of Fayetteville. c. Cleaning shall be performed immediately before closed circuit television inspection. d. Unless other methods are approved by the Engineer, hydraulic cleaning shall be performed for all sewers to be inspected. e. Remove all sludge, dirt, sand, grease, roots, rocks, gravel, and other material from the pipe during cleaning operations and collect and remove resulting debris from the downstream manhole of the sewer section being cleaned. Passing material from sewer to sewer section will not be permitted. An approved dam or weir shall be constructed in the downstream manhole in such manner that debris and solids will be trapped and retained. City of Fayetteville D2-17(2) Sewer System Improvements 1_J I I I I I I I Ti I I Li P1 L I I 2. Disposal of Debris a. Under no circumstances shall sewage or solids be dumped onto the ground surface, street or into ditches, catch basins or storm drains. b. All solids or semisolids resulting from the operations shall be removed from the site by the Contractor unless authorized or directed otherwise by the Engineer. Trucks hauling solids or semisolids from the site shall be watertight so that no leakage or spillage will occur. 3. Internal Television Inspection a. The inspection shall be done one sewer section at a time. The section being inspected shall be isolated from the remainder of the sewer in a manner approved by the Engineer. Such methods may include plugging or partial plugging of upstream flow, and/or by passing the flow from the section. The Contractor shall be responsible for monitoring the depth of surcharging upstream of any plugs. b. The camera shall be moved through the line in either direction, but preferably upstream to downstream, at a uniformly slow rate, stopping at all defects to allow adequate evaluation by Engineer. In addition, the camera shall be stopped at each service connection. c. If progress of the television camera is impeded or stopped by roots in the sewer reach being inspected, the camera shall be withdrawn, at the direction of the Engineer. The camera shall then be reinserted at the other manhole of the sewer reach and the television inspection resumed. d. Other obstructions may be encountered during the course of the internal inspection that prevent the travel of the camera. Should an obstruction not be passable, the Contractor shall withdraw the equipment and report the obstruction to the Engineer so that a repair can be made, and the remainder of the line may be inspected. Cost related to difficulties encountered during internal inspection will not be measured for payment nor constitute additional cost to the Contract Price, but will be considered as incidental to the contract. Cost for excavation to retrieve cleaning and internal inspection equipment shall be the responsibility of the Contractor. The Owner and Engineer shall not be liable for any costs relative to retrieving the Contractor's equipment from the sanitary sewer system. Exceptions to this section 11 D2-17(3) City of Fayetteville Sewer System Improvements I include obstruction excavations which shall be paid for at the Contract Unit Price per each as indicated in the Proposal. Viewing Telephones, portable radio, CB, walkie talkies, or other electronic means of communication must be set up where voice or manual communication is not feasible.. The Contractor shall provide facilities for the purpose of viewing the monitor while the. inspection is in progress. 5. Record Logs a. Measurement in the sewer main shall be at the ground level by means of a meter device. Marking on cable or the like which requires interpolation for depth of manhole will not be allowed.. Measurement meters shall be accurate to 0.2 feet. A measurement target in front of the television camera shall be used as an exact measurement reference point, and the meter reading shall show this exact location of the measurement reference point. The first feature out of the manhole or cleanout will be measured and used as the initial reference point. b. The Contra equipment, video tape reel video the course videotaped ;tor shall furnish all cassette video cassette video tape film for cassette recording, and equipment. No reel to recording or tapes will be permitted. In of inspection, all sewer sections will be in their entirety. c. Defects shall be described and quantified verbally on the videotapes by the Contractor. Where appropriate, existing landmarks shall be identified. d.. The cassette video tapes will be reviewed by the Engineer for focus, lighting, clarity of view, and technical quality. The Contractor shall maintain sharp focus, proper lighting, and clear, distortion - free viewing during the camera operations. The Contractor shall maintain plugging and eliminate steam in the line for the duration of the inspection. Failure to maintain these conditions will result in rejection of the video tape by the Engineer. Any sewer line whose video tape is not acceptable to the Engineer will be retelevised at no expense to the Engineer or Owner. e. Each individual cassette video tape shall be properly labeled by the Contractor prior to submittal to the Engineer. The label shall list the Engineer's sewer line segment number, date, City/owner, name of Contractor, and tape number. City of Fayetteville D2-17(4) Sewer System Improvements f. Each set-up shall be described visually (by superimposing a descriptive caption on the video tape recording which identifies critical information) and describe audibly on the video tape recording, both at the initiation and at the conclusion of the set-up. The line segment shall be described by the Engineer's segment number which included both basin and manhole numbers. The video counter number shall be voiced on the video tape recording and written on the record logs both at the initiation and conclusion of each set-up. D. Only items listed below will be measured for payment. All other costs shall be included in the unit prices for the items affected thereby. 1. Cleaning/Pre Television Inspection Payment for cleaning/pre television inspection shall be paid for at the Contract Unit Price per linear foot. END OF SECTION D2-17 I J I D2-17(5) City of Fayetteville Sewer System Improvements I ' D2-18 SANITARY SEWER PIPE CONNECTIONS TO EXISTING MANHOLES IA. General 1. Description This Section describes the connection of new sanitary sewer main to existing manholes. 2. Furnish the labor, materials, equipment, tools, and services required for the installation and connection of ' the replacement sewer pipe to the existing manhole per detail shown on the drawings in this document. IB. Materials 1. Non -Shrink Grout Grout shall be non -shrink in the plastic state and show no expansion after set as tested in accordance with ASTM C 827 and shall develop compressive strength not less than 3,000 psi with a trowelable mix within 24 hours per ASTM C 109. The placement time shall be not less than 45 minutes based on initial set per ASTM C 191. Test results shall be furnished by the manufacturer and submitted to the Engineer. I2. Flexible Gaskets Openings for each connecting pipe shall be circular with a compression type flexible rubber gasket cast integrally into the manhole wall as shown on the drawings included in this document. Flexible gaskets shall be manufactured in ' accordance with rubber joint specification ASTM C 443 and shall meet the performance and test requirements of ASTM C 425 for compression joints. Flexible gaskets shall be A-Lok, Presswedge, or approved equal. C. Execution The Contractor shall break into the existing manhole with an opening 6 inches minimum greater than the outside diameter of ' the pipe being connected to the existing manhole. The flexible connection shall be installed and supported at the proper elevation and non -shrink grout shall be placed between the rubber gasket and the existing walls of the manhole. ' Where the grout has achieved sufficient strength so that it will not be damaged, the pipe connection shall be made. After the connection is made the bench and trough shall be repaired using non -shrink hydraulic cement. D2-18(1) City of Fayetteville Sewer System Improvements D. Measurement and. Payment Connections of new pipe to existing manholes will not be paid for separately and shall be included in the cost of the pipe being installed. END OF SECTION D2-18 City of Fayetteville D2-18(2) Sewer System Improvements D2-19 RESTORATION 1. Restore the project site to conditions not less than that existing prior to starting construction unless otherwise required by these specifications, Permits and/or Licenses, or shown on the Plans. I I 'J Ii LI L I I I L a. Coordinate surface restoration work with the affected private property owners. b. Private property over which the Owner has prior rights (i.e. utility easement, sewer easement) and/or has obtained rights -of -way, agreements, licenses and/or agreements from the property owner to allow construction of a sanitary sewer pipeline and appurtenances, shall be restored in conformance with these Contract Documents. c. Restore Public property with strict adherence to the requirements of the public body having jurisdiction therein. d. No restoration shall occur until testing is complete and accepted by the Owner's Representative. e. Complete final surface restoration within three weeks of the sewer installation or repair or as directed by the Owner's Representative. 2. Reference Standards Surface restoration including pavement, driveways, sidewalks, curb and gutters, and sodding shall be in accordance with the current edition of Arkansas Highway and Transportation Department Standard Specifications for Highway Construction. 1. Topsoil a. Topsoil shall be free from large roots, sticks, weeds, brush, stones or other litter and waste products. A minimum of 4 inches compacted depth of topsoil shall be used. D2-19(1) City of Fayetteville Sewer System Improvements I b. The soil texture shall be classified as loam or sandy loam according to the following criteria: Sand (2.0 to 0.05 mm diameter) 25-50% 45-85% (No. 10 sieve) Silt (0.05 to 0.002 mm diameter) 30-50% Less than 50% (No. 270 sieve) Clay (smaller than 0.002 mm 5-25% Less than 20% diameter) (Hydrometer analysis) c. Soil texture shall be determined by utilizing processes as prescribed in ASTM D 422 using the No. 20 and No. 270 sieves and a hydrometer analysis. 2. Fertilizer Fertilizer shall be a standard commercial 16-8-8, uniform in composition, free flowing and suitable for application with approved equipment, delivered to the site in bags or other convenient containers each fully labeled, conforming to applicable State laws. 3. Sod a. Sod shall be approved nursery or field grown grass that is native to the locality of the work and shall match existing in the area of excavation. Sod shall be well rooted in soil of such consistency that it will not break, crumble or tear during handling and placing. Sod shall be free of noxious weeds and other objectionable plants and shall not contain substances injurious to growth. b. Grass shall be between 1-1/2 and 4 inches in length when the sod is cut. The sod shall be cut within 48 hours of placement in rectangular pieces not less than 12 inches in width and not less than one inch in soil thickness. Keep sod in a moist condition between the initiation of cutting and the completing of placing and protect against exposure to the sun, wind, freezing during transportation to the site, and during storage prior to placing. 4. Seed Grass seed shall be fresh and shall match existing grass in the area of excavation. Li Li I L L L I L LI I I L 11 I 11 I City of Fayetteville Sewer System Improvements D2-19(2) 5. Portland Cement Concrete Portland Cement concrete shall have a minimum compression strength of 3000 psi at 28 days, no less than 5= sacks of cement per cubic yard, and shall conform to ASTM C 94, Alternate 3. Reinforcement shall be 6" x 6" No. 4 x No. 4 Woven Wire Fabric. No. 4 dowel bars shall be provided of 3 foot centers, each side. Minimum length of extension into existing base shall be 12 inches. 6. Curing Compound Commercial grade conforming to ASTM C 309, Type I. 7. Reinforcing Steel Conform to ASTM A 615, Grade 40. 8. Base Course ' Gravel for the base course shall be clean, hard, durable pit -run crushed stone which is reasonably graded from coarse to fine. Base course shall conform to Section 303 for Class 7 Base of the Standard Specifications for Highway Construction and compacted as specified herein. 9. Gravel Surface Course Gravel for surface course shall be clean, hard, and durable, and shall be reasonably graded from coarse to fine. The surface course shall conform to Section 303 for Class 7 Base of the Standard Specifications for Highway Construction. 10. Asphalt Cement I Asphalt cement for binder shall be. AC 85-100 paving asphalt conforming to the Standard Specifications unless otherwise specified. 11. Prime Coat Asphalt to be used for a prime coat shall be asphalt emulsion Type RS -2, CRS -2, or liquid asphalt MC -70, MC -250, or RC -250 conforming to ASTM D 977, D 2397, D 2027, or D 2028. 12. Tack Coat Asphalt emulsion conforming to ASTM D 977 or D 2397, unless otherwise specified. I D2-19(3) City of Fayetteville Sewer System Improvements 13. Asphalt Concrete Asphalt concrete for. paving the designated area shall be Type II hot -plant mix and all materials shall conform the requirements of Section 408 of the Standard Specifications for Highway Construction.. Portions of the referenced specification that are obviously not applicable for the type of work to be done shall be ' disregarded. Co Execution 1. Cleanup Upon completion of installation and backfill operations, clean and dress up the work area as follows. a. Remove construction debris and litter from the site. b. Remove excess excavation material from the site including material which has washed into stream beds, storm water facilities, streets, culverts, etc. c. Remove tools, equipment and construction materials except for designated storage areas along the pipeline, route. Maintain designated storage areas in a neat appearing manner. d. Restore surface and subsurface drainage and provide drainage wash checks necessary to prevent soils from being washed downstream. e. Machine grade the area in preparation of final grading, seeding, sodding, pavement replacement, etc. f. Restore all street signs and mail boxes. g. Maintain adequate safety signs, barricades and lights until final restoration of work area is completed. 2. Finish Grading Finish grade the area to lines and grades which existed prior to the area being disturbed, with special attention directed to proper surface drainage, and the refilling of settled excavations with earth compacted to densities required. The area shall be smoothed by raking or dragging. Flower and vegetable gardens in existence prior to this project shall have the separately stored top soils restored unless otherwise City of Fayetteville D2-19(4) Sewer System Improvements I II II I I 1 1 1 1 I II I I I I I I I I I I I I I 3. 4. required. Areas to be sodded or seeded shall have a minimum four inch depth of topsoil. Sod a. Restore grassed areas disturbed by construction with sod to match existing. Sod may be placed between the average date of the last freeze in the Spring and six weeks prior to the average date for the first freeze in the Fall according to the Arkansas Almanac or U.S. Weather Bureau for the area unless otherwise approved by the Owner's Representative in writing. Place sod at any time during this period except when the temperature is over 90 degrees Fahrenheit, drought conditions exist or the sod or ground surface is frozen. Cut sod as thick as possible to aid the sod in taking root at the earliest possible date. b. Spread fertilizer nutrients over the area at a rate of 160 pounds per acre (nutrient weight only) or as recommended by the manufacturer. c. Place sod on the prepared surface with the edges in close contact and the alternate courses staggered. Bury exposed edges of the sod flush with the adjacent soil. In ditches, place sod with the longer dimension perpendicular to the flow of the water in -the ditch. On slopes, starting at the bottom of the slope, place sod with the longer dimension perpendicular to the slope of the ground and where the slope is 2:1 or greater, stake the sod. Sod shall be rolled after placement and joints filled between sections with scarified soil. Within eight hours after placing the sod, apply five gallons of water per square yard. d. Provide sufficient water to prevent the sod from drying out. e. Existing sod which was salvaged during construction may be reused at the contractor's option. f. Sod shall have taken root before acceptance. Contractor shall guarantee sodding one year after acceptance by the Owner. Seeding a. The areas to be restored by seeding shall be only as directed by Engineer or as specified in Section I. Seed bed preparation shall not be started until all stones, boulders, and debris larger than 3 inches in diameter have been removed. The area to be seeded shall be worked to a minimum depth of 3 inches with a disk or other method approved by the Engineer, D2-19(5) City of Fayetteville Sewer System Improvements C reducing all soil particles to a size not larger than 2 inches in diameter. The prepared surface shall be relatively free from all weeds, stones, roots, and sticks. No seeds shall be sown until the seed bed has been approved by the Engineer. b. Spread fertilizer nutrients over the area at a rate of 160 pounds per acre (nutrient weight only) or as recommended by the manufacturer. c. Mechanically apply grass seed. d. Do not seed during high winds or when the seed bed is too wet for working. Within 12 hours lightly rake seeded areas and roll with a 200 pound roller. After raking and rolling, water the seeded areas with a fine spray until a uniform moisture depth of one inch has been obtained. e. In lieu of mechanical application of seed, hydraulic application may be used. The seed slurry shall be constantly agitated until pumped from the tanks. The seed shall not be allowed to set in water more than four hours before application. f. Water seeded areas as required for the seed to maintain suitable growth for at least three mowings performed a minimum of one week apart. g. Reseed areas where the grass did not take. 5. Tree, Bush, and Hedge Transplanting and Replacement a. Existing trees, bushes, and hedges which cannot be tied back or trimmed to prevent damage and require removal because of the proposed construction shall be transplanted with a tree spade or replaced. Tree removal shall include removal of stump and roots four inches below grade. Transplanting shall be at the location directed by the Owner's Representative. After digging the plants, properly store them until they can be transplanted. Replacement plants shall not be delivered until they can be planted. b. Plant during the proper seasons. Do not plant in frozen soil or during unfavorable weather conditions. Dig tree pits of such size as to provide ample space for the entire root system, as the tree comes from the nursery, without crowding or bending the roots. The pits shall be 12 inches wider than the ball diameter, have vertical sides, and be six inches deeper than the thickness of the ball. I I C III I II I I II I 1 V City of Fayetteville D2-19(6) Sewer System Improvements J I I I [_I I I I I I 11 I I I I C1 I I ii Thoroughly loosen the soil in the bottom of the pit by spading to a depth of six inches. Dig holes immediately before planting. Dispose of soil earth dug from the tree pits. c. Set trees at a depth slightly below finished grade, half -fill the hole with planting soil and thoroughly water. Loosen and fold down the upper half of the burlap, fill the hole with planting soil and thoroughly water. Fill the top two inches with a well -rotted mulch. d. After planting, prune the branches in proportion to the amount of root system lost in the transplanting operations but in such a manner as to retain the form typical of the tree. In general, remove approximately one-third of the branch structure. Pruning shall be done by expert workmen in such a manner as to insure healthy and symmetrical growth of new wood. e. After planting, wrap trunks of trees planted after October 15 with special tree wrap from the crotch of the first major branches down to the ground. Tie wrapping with cotton twine to keep the wrapping in place. f. Plant trees vertically. Trees found leaning during the guarantee period shall immediately be staked with two 2 -inch by 3 -inch wood stakes, eight feet long, pointed on one end. The stake shall be long enough to properly support the tree. Drive the stakes to a depth of 18 inches below the bottom of the tree pit. Locate the stakes on the north side and of the south side of the tree, and 12 inches to 18 inches from the trunk. Do not drive stakes into the ball and burlap. Guy the trees using a figure eight hitch consisting of No. 14 gauge wire encased in a section of rubber hose. Restoration of Pavement Surfaces a. General 1) Restore (unless otherwise specified or ordered by the Owner's Representative) permanent type pavements, sidewalks, driveways, curbs, gutters, and surface structures removed or disturbed during or as a result of construction operations to a condition which is equal in appearance and quality to the condition that existed before the work began. The surface of all improvements shall match the appearance of the existing surface. D2-19(7) City of Fayetteville Sewer System Improvements 2) Pour concrete only after inspection by the Engineer of the pouring site to verify proper forms and reinforcement. Reinforcement shall be equal in quantity and type of materials to reinforcement that existed prior to the work, or as indicated in the plans or specifications. 3) Sawcut existing paved surfaces to provide a straight joint between thefl existing and new surface. Sawcutting shall be full depth and square or rectangular in shape. 4) Cure and protect all exposed concrete installed under this contract in accordance with the reference standard. 5) Allow concrete to attain a minimum 7 day strength before allowing traffic or construction equipment on the concrete. 6) Remove entire sidewalk squares. Removal of partial squares shall not be allowed. b. Concrete Sidewalks 1) Concrete sidewalks shall consist of a minimum thickness of five inches of nonreinforced Portland cement concrete over four inches of compacted granular material. 2) Increase sidewalk thickness to six inches when crossing driveways. 3) Place one-half inch preformed bituminous expansion joints at junctions with existing work and at intervals not exceeding 50 feet, or as directed by the Engineer. 4) Sawcut existing sidewalks at construction joints. Patching existing sidewalk squares damaged during construction activities shall not be allowed. 5) When removing portions of a concrete sidewalk, an entire "Square" shall be removed. Removal of a partial sidewalk "Square" shall not be allowed. c. Concrete Curb and Gutter I I [l I 1) Curb and Gutter dimensions and cross sections shall conform with existing installations. 1 City of Fayetteville D2-19(8) Sewer System Improvements ' 2) Place two dowels at each junction with existing work. Dowels shall be 3/4 inch diameter and a minimum of 12 inches in length. 3) Place one-half inch preformed bituminous expansion joints at junctions with existing work and at intervals not exceeding 50 feet, or as ' directed by the Engineer. 4) Place doweled expansion joints at intervals not exceeding 50 feet, or as directed by the Owner's Representative. 5) Saw cut control joints at intervals not ' exceeding 20 feet and at junctions with existing traverse cracks in the pavement, or as directed by the Engineer. ' d. Concrete Driveways Replace concrete driveways to the condition and thickness which existed prior to construction. Minimum thickness shall be 6 inches. e. Bituminous Concrete Driveway Replace bituminous driveways to the condition and thickness which existed prior to construction. Minimum thickness shall be 2 inches. Construction shall be executed in accordance with Asphalt Concrete Pavement Replacement for Pipe Trenches. f. Tack Coat ' Apply a tack coat on existing asphalt concrete pavement and to each lift of new pavement that is to receive a succeeding lift in conformance with Section 403 of the Standard Specifications for Highway Construction. g. Prime Coat ' The prime coat shall be applied to the leveling course in accordance with Section 403 of the referenced specification at the rate of 0.20 to 0.30 -gallon per square yard of surface area. The exact amount is to be determined by the Engineer. h. Construction Of Asphalt Concrete Pavement Lay asphalt concrete over the base course in a single lift and the compacted depth shall be 3 inches. The method of proportioning, mixing, transporting, laying, processing, rolling the material, and the standards of workmanship shall D2-19(9) City of Fayetteville Sewer System Improvements I conform to the applicable requirements of , Section 408 of the Standard Specifications. The Engineer will examine the base before the paving is begun and bring any deficiencies to the Contractor's attention to be corrected before the paving is started. Roll each lift of the asphalt concrete and compact to the density specified in the referenced Standard Specification for Highway Construction. The grade, line, and cross section of the finished surface shall conform to the Drawings. Asphalt or asphalt stains which are noticeable upon surfaces of concrete or materials which will be exposed to view shall be promptly and completely removed. i. Asphalt Concrete Pavement Replacement For Pipe Trenches Bring the trench to a smooth, even grade at the correct distance below the top of the existing pavement surface so as to provide adequate space for the base course and pavement. All required paving cuts shall be made with a concrete saw in a true and straight line on both sides of the trench, a minimum of twelve (12) inches outside the trench walls. The trench shall be backfilled and the top nine (9) inches shall be filled with required materials as shown on paving, details, compacted and level with the finished street surface. This finished grade shall be maintained in a serviceable condition until the paving has been replaced. All resident's driveways shall be accessible at night and over weekends. It has been determined by Engineer that the strip of existing HMAC pavement between the existing gutter and the edge of the trench pavement repair will not hold up if such strip of existing pavement is two (2) feet or less in width. Therefore, at the location in the project where the trench wall is three (3) feet or less from the lip of the existing gutter, the Contractor shall be required to remove the existing paving to such gutter. The pavement repair shall then be made from a minimum distance of twelve (12) inches outside the trench wall nearest the center of the street to the gutter line. Compact the subgrade with mechanical vibratory or impact tampers to a minimum of 95 percent of maximum as determined by ASTM D.1557. Any subsequent settlement of the finished surfacing during the I I L Ii I Li I I Li I I] I I City of Fayetteville D2-19(10) Sewer System Improvements I I I I I I I I I I I I I I I I I warranty period shall be promptly repaired by the Contractor, at the Contractor's sole expense. Place sufficient base course on the subgrade to obtain a thickness of 6 inches after compaction. Place for the full width of the trench and process as required to provide a smooth surface without segregation. Compact the base course with mechanical vibratory or impact tampers to a minimum of 95 percent of maximum as determined by ASTM D 1557. Any subsequent settlement of the finished surfacing during the warranty period shall be promptly repaired by the Contractor, at the Contractor's sole expense. Place base course under all pavement to be replaced and, in addition, under gravel surfaced shoulders and other graveled areas. After the leveling course has been compacted, apply an asphalt prime coat, specified above, at 0.20 to 0.30 gallon per square yard to the surface of the leveling course and to the edges of the existing pavement. Place the asphalt concrete on the prepared subgrade over the trench to a compacted depth of not less than 3 inches or the depth of the adjacent pavement, whichever is greater. Spread and level the asphalt concrete with hand tools or by use of a mechanical spreader, depending upon the area to be paved. Bring the asphalt concrete to the proper grade and compact by rolling or the use of hand tampers where rolling is impossible or impractical. Roll with power rollers capable of providing compression of 200 to 300 pounds per linear inch. Begin the rolling from the outside edge of the replacement progressing toward the existing surfacing, lapping the existing surface at least 1/2 the width of the roller. If existing surfacing bounds both edges of the replacement, begin rolling at the edges of the replacement, lapping the existing surface at least 1/2 the width of the roller, and progress toward the center of the replacement area. Overlap each preceding track by at least 1/2 the width of the roller and make sufficient passes over the entire area to remove all roller marks. The finished surface of the new compacted paving shall be flush with the existing surface and shall conform to the grade and crown of the adjacent pavement. D2-19(11) City of Fayetteville Sewer System Improvements I Immediately after the new paving is compacted, all joints between new and original asphalt pavement shall be painted with hot asphalt or asphalt emulsion and be covered with dry paving sand before the asphalt solidifies. The surface smoothness of the replacement pavement shall be such that when a straightedge is laid across the patch area between the edges of the old surfacing and the surface of the new pavement, the new pavement shall not deviate from the straightedge more than 1/4 -inch. The pavement shall be replaced within a maximum of five (5) working days, providing job placement conditions will permit repaving. If paving conditions are not suitable for repaving, in the opinion of the Owner, the repaving shall be done at the earliest possible date. j. Asphalt Highway Repair Asphalt Highway Repair shall be in accordance with the Arkansas State Highway and Transportation Department Standard Specifications for Highway Construction. k. Concrete Highway Repair Concrete Highway repair shall be in accordance with the Arkansas State Highway and Transportation Department Standard Specifications for Highway Construction. 1. Weather Conditions Asphalt shall not be applied to wet material. Asphalt shall not be applied during rainfall, sand or dust storm, or any imminent storms that might adversely affect the construction. The Engineer will determine when surfaces and material are dry enough to proceed with construction. Asphalt concrete shall not be placed (1) when the atmospheric temperature is lower than 40 degrees F, (2) during heavy rainfall, or (3) when the surface upon which it is to be placed is frozen or wet. Asphalt for prime coat shall not be applied when the surface temperature is less than 50 degrees F. Exceptions will be permitted only in special cases and only with prior written approval of the Engineer. I C I 1 [] I I Li I I 1 II I L I City •of Fayetteville D2-19(12) Sewer System Improvements I I in. Concrete Pavement Pavement replacement shall be the same thickness as that removed, except that in no instance shall it be less than a minimum of 6 -inches. Protect the newly placed concrete from traffic for a period of 7 days and cure by covering with burlap, sand, earth, or sawdust, which is kept continuously wet. Handle and place concrete pavement in accordance ' with the Standard Specifications for Highway Construction of the Arkansas State Highway and Transportation Department. ' n. Gravel Surfacing Where required by the Drawings, and where necessary to match existing surfaces, place crushed rock, gravel surfacing material, as specified herein, on streets, driveways, parking areas, street shoulders, and other graveled areas disturbed by the construction. Spread the rock by tailgating and supplement by hand labor where necessary. Level and grade the rock to conform the existing grades and surfaces. D. Measurement and Payment 1. Pavement Surfaces Pavement, sidewalk, driveway and curb replacement shall be paid for at the Contract Unit Price for the • applicable item as indicated in the Bid Schedule. Placement of temporary road surface shall be considered incidental to the cost of final restoration. Payment will only be made for areas along the centerline of the sewer line. The following items of work under this Section are specifically listed for separate measurement and payment. a. Pavement removal and replacement for the various ' types of pavement at the Contract Unit Price per linear foot, which includes removal of the existing pavement and sub -base and installation of the required type of pavement, prime coat for bituminous 'pavement, granular base, and full depth sawcutting. b. Combination concrete curb and gutter removal and replacement, at the Contract Unit Price per linear foot, which includes granular base and sawcutting of contraction joints at a spacing not to exceed 20 linear feet. D2-19(13) City of Fayetteville Sewer System Improvements c. Concrete sidewalk removal and replacement at the Contract Unit Price per linear foot which includes granular base. d. Concrete or bituminous concrete driveway removal and replacement at the Contract Unit Price per linear foot which includes granular base. 2. Additional widths necessary at manholes and special structures shall not be measured. The cost of such additional removal and replacement shall be included in the unit price for manholes and special structures. The length of curb and gutter crossing the conduit shall be paid for at the maximum trench width as given in the trench width table plus one foot on each side of the trench. 3. The Contractor may elect to construct the conduit by boring or jacking with the approval of the Engineer. In such an event he shall be compensated by payment of units of driveways, sidewalks, or curbs and gutters which would have been measured for payment had open cut methods been employed. 4. Payment for all other surface restoration shall be considered a subsidiary obligation of the Contractor and shall be included in the bid price for the item affected thereby. 5. If restoration work is not completed, 30 percent of the Contract Price will not be eligible for payment. END OF SECTION D2-19 I I II City of Fayetteville D2-19(14) Sewer System Improvements