HomeMy WebLinkAbout87-98 RESOLUTION•
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RESOLUTION NO 8 7 - 9 8
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A RESOLUTION AWARDING BID NO. 98-38 IN THE AMOUNT
OF $368,615 WITH GOODWIN & GOODWIN, INC., FOR THE
ROLLING HILLS AREA PHASE II - WATER LINE
REPLACEMENT; APPROVAL OF A PROJECT CONTINGENCY
AMOUNT OF $44,235; AND APPROVAL OF A BUDGET
ADJUSTMENT IN THE AMOUNT OF $133,788.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS'
Section 1. That the City Council hereby awards Bid No. 98-38 in the amount of
$368,615 with Goodwin & Goodwin, Inc., for the Rolling Hills Area Phase II - Water Line
Replacement, approves a project contingency amount of $44,235; and authorizes the Mayor and City
Clerk to execute a construction contract in said amount. A copy of the contract is attached hereto
marked Exhibit "A" and made a part hereof.
Section 2. The Council hereby approves a budget adjustment in the amount of $133,788
increasing Capital Water Mains, Acct. No. 5400 5600 5808 00, Project No. 95038 1 by decreasing
Capital Water Mains, Acct. No. 5400 5600 5808 00, Project 96054 1 in the amount of $120,000 and
Capital Water Mains, Acct. No. 5400 5600 5808 00, Project 97021 20 in the amount of $13,788.
A copy of the budget adjustment is attached hereto and made a part hereof.
PASSED AND APPROVED this 7th day of July , 1998.
APPROVED.
By:
ATTEST:
By. /Q/� ti 4A,-
Heather Woodruff, Cit�l rk
.-.
`t. u.,.•v..
4�1 ;
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Fred Hanna, Mayor
City of Fayetteville. Arkansas
Budget Adjustment Form
Budget Year
1998
Department: Public Works
Division: Water & Sewer
Program: Capital Water Mains
Date Requested
06/12/98
Adjustment #
Project or Item Requested:
Approval is requested to combine the Rolling Hills WaterLine
Replacement Project and the Old Wire Road 2 1/4" Water Line
Replacement Project into one project and obtain additional
funding for a project contingency
Project or Item Deleted:
None. Funding proposed for this adjustment is from the Water
and Sewer Cost Share Project.
Justification of this Increase:
A project contingency of 12% has been requested and the
additional funds are needed to completely fund the contingency.
Justification of this Decrease:
Sufficient funds remain in this project to meet anticipated needs
for this year.
Account Name
Capital Water Mains
Account Name
Capital Water Mains
Capital Water Mains
Increase Expense (Decrease Revenue)
Amount
Account Number
133,788 5400 5600
5808 00
Decrease Expense (Increase Revenue)
Amount
Account Number
120,000 5400 5600
13,788 5400 5600
5808 00
5808 00
Project Number
95038 1
Project Number
96054 I
97021 20
Approval
Requested By
ator
Debartment Director
36,1`1 -
Admin. S$�s Dir,
Mayo
Signatures
Date
Date
15Jvl%j%j
Date
(oh s—&
D e
Date
Blue Cope Budget & Research Yellow Copy: Requester
Budget Office Use Only Witt
Type: A B C
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Cateeory Log
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i
. BID TABULATION
PROJECT NO.
UID OPENING June 10, 1998 PROJECT Rolling Hills Area Phase Il, Water Line
Replacements•
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Trench Safety Require.)
Mobilization & Storg.
4" thickness concrete
driveway repair
Asphalt Street Repr.
Concrete Street Repr.
exist-ngrsoallavinew
Top soil/seed/mulch.
R� econnect Serv.Lines
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Reconnect Serv.Lines
Type
FHyd.Assemb.t's &gatV
8"x8" Tap.Sl& Tap.Val
6"x6" Tap.Sl& Tap.Val
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Class 7 Aggreg.backf.
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BID TABULATION
PROJECT NO. ADDENUUM NO..1
BID OPENING June 10, 1998 PROJECT Rolling Hills Area Phase II, Water Line
ReplacemeuLs
•
300 L.F.
20 L.F.
Lump' Sum
QUANTITY
Grand Total
s
Addendum Total
Ito St. bor. w/2"PVC Cond.
nragamPrlr
Fire Hydrant Exten.
9rland Ave. Tasks 1&
DESCRIPTION
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1 22,600.
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CONTRACTOR
CONTRACTOR
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AGENDA REQUEST
CONTRACT REVIEW
GRANT REVIEW
l pIUpvi i Clara or4tak lire -4-- 4 S cL t'30I L
MICRontrm D Ee587-97RECEIVED -I 11
STAFF REVIEW FORM 0/ 0*/ SEP 01 1999
ev-R, • CITY OF FAYEUEVILLE
CITY CLERK'S OFFICE
For the Fayetteville City Council meeting of Mayor's Approval
FROM:
Sid Norbash Engineering Public Works
Name Division Department
ACTION REQUIRED: Approval of: The Change Order No.1 to the construction
contract with Goodwin& Goodwin, Inc. in the amount of $1,43 787.15t. for the
Rolling Hills Area Phase II- Water Line Replacements.
COST TO CITY:
S-43;.787‘15
$4121850.00 Rolling Hills Area Phase II W/L
Cost of this Request
5400-5600-5808-00
Account Number
95038 and 96054
Project Number
Category/Project Budget Category/Project Name
$368,615 Capital Water Mains
Funds Used To Date Program Name
$44,235 Water & Sewer
Remaining Balance Fund
BUDGET REVIEW:
_X_ Budgeted
Budget Coordinator
Ite
1
Admi
Budget Adjustment Attached
trative Services Director
CONTRACT/GRANT/LEASE
REVIEW:
Purchasing Officer
GRANTING AGENCY:
S;Zs-9
Date, ADA Coordinator Date
zs —55 ( da cirt)
Date Into nal Auditor Date
8-Q5-99
Date
ST F ECOMMENDATION:Approval of the Change Order & Final Payment
Date
part et ector Date
�
D'vision Head
‚4-
_ •
Adxnini9trative Services
Director Date
Mayor
9/47
Date
Cross Reference
New Item: Yes X No
Prey Ord/Res #: 87-98
Orig Contract Date: #664 7-7-98
Staff Review Form
•
Description/ Rolling Hills Area Phase II - Meeting. Date 7-7-98
Project Name Water Line Replacements
Comments: Reference Comments:
Budget Director
Accounting Manager
City Attorney
Purchasing Officer
ADA Coordinator
Internal Auditor
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Fred Hanna, Mayor
Thru: Charles Venable, Public WorjCs Director
Jim Beavers, City Engineer
From:
Date: August 18, 1999
Sid Norbash, Staff Engineer Allit
Re: Rolling Hills Area Phase II -
Water Line Replacement Project /
Change Order #1 & Final Payment
The construction of the above referenced project is now completed
and a final payment is due.
There were several changes in the field, such as addition of fire
hydrants, lines etc., that required additional work, therefore a
final reconciliation change order was prepared to cover all the
changes and the costs. Change order form includes the
justifications.
The contractor was penalized for not completing the job on time,
and therefore charged with 14 working days for a total of $2,800
liquidated damages.
All the extra costs are funded with the approved contingency amount
of $44,235.00
SN/sn
Attachments: C.O. #1
•
RESOLUTION NO. 8 7 - 9 8
A RESOLUTION AWARDING BID NO. 98-38 IN THE AMOUNT
OF $368,615 WITH GOODWIN & GOODWIN, INC., FOR THE
ROLLING HILLS AREA PHASE II - WATER LINE
REPLACEMENT; APPROVAL OF A PROJECT CONTINGENCY
AMOUNT OF $44,235; AND APPROVAL OF A BUDGET
ADJUSTMENT IN THE AMOUNT OF $133,788.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 That the City Council hereby awards Bid No. 98-38 in the amount of
S368,615 with Goodwin & Goodwin, Inc., for the Rolling Hills Area Phase II - Water Line
Replacement, approves a project contingency amount of $44,235; and authorizes the Mayor and City
Clerk to execute a construction contract in said amount. A copy of the contract is attached hereto
marked Exhibit "A" and made a part hereof.
Section 9 The Council hereby approves a budget adjustment in the amount of $133,788
increasing Capital Water Mains, Acct. No. 5400 5600 5808 00, Project No. 95038 1 by decreasing
Capital Water Mains, Acct. No. 5400 5600 5808 00, Project 96054 1 in the amount of $120,000 and
Capital Water Mains, Acct. No. 5400 5600 5808 00, Project 97021 20 in the amount of $13,788.
A copy of the budget adjustment is attached hereto and made a part hereof.
PASSED AND APPROVED this 7th day of July , 1998.
ATTEST:
By: .,/7 .. %' i.,:�
Heather Woodruff, City Clerk
APPROVED -
/h;
Fred Hanna, Mayor
By:
•
RUG -16-1999 16:10
CITY OF FRY - STREET DIV.
501 444 3490 P.01/01
JOS NAME: WORK FOR OTHERS • ENGINEERING
REPAIR STREET CUT ON OLD WIRE ROAD AT OLD MISSOURI
EQUIP
EpUIPMENT
DATE
NOTES
EMPLOYEE
HOURS
COST
#
HRS
COST
05/06/99
ALBERTSON
0.00 0.00 0,00
53
1
5.74 0.00
ALLEN
0.00 0.00 0.00
214
1
0.00 3.65
REEKS
1.00
37.61 0.00 0.00
720
1
0.00 0.00
BOLINGER
1.00
59.92 0.00 0.00
63 •
1
76.88 0.00
CLARK
1.00
37.61 0.00 0.00
66
1
26.80 000
COCHRAC
0.00 0.00 0.00
309
1
0.00 3.05
CORNETT
1.00
54.27 0.00 0,00
0.00 0.00
GEORGE
1.00
54,27 0.00 0.00
0.00 0.00
HAUSAM
1.00
54,27 0.00 0.00
0.00 0.00
HIGGINS
1.00
27.32 0.00 0.00
0.00 0.00
HUTCHENS
1.00
0.00 37.61 0.00
0.00 0.00
JOHNSON
1.00
0.00 42.12 0.00
0.00 0.00
KE ITER
1.00
0.00 33.73 0.00
01)0 0.00
KOBER
1.00
0.00 54.27 0.00
0.00 0.00
LEWIS,NOFF
0.00 0.00 0.00
0.00 0.00
LEWIS
1.00
0.00 45.07 0.00
0.00 0.00
LUPER
1.00
0.00 37.61 0.00
0.00 0.00
MCCHRISTIAN
0.00 0.00 0.00
0.00 0.00
OSBURN
1.00
0.00 59.92 0.00
0.00 0.00
ROBBINS
1.00
0.00 27
32
0.00
0.00 0.00
ROBERTSON
0.00 0.00 0.00
0.00 0.00
RUTLEDGE
1.00
0.00 0.00 54.27
0.00 0.00
SEBASTIAN
0.00 0.00 0.00
0.00 0.00
SHREVE
0.00 0.00 0.00
0.00 0.00
SKELTON
0.00 0.00 0.00
0.00 0.00
W ILLIAMS
0.00 0.00 0.00
0.00 0.00
YOUNG
0.00 0.00 0.00
0.00 0.00
TEMPS
0.00 0.00 0.00
0.00 0.00
TEMP2
0.00 0.00 0.00
0.00 0.00
TEMP
0.00 0.00 0.00
0.00 0.00
LABOR TOTAL = $717.19
MATERIAL
INDIVIDUAL
TOTAL
COST
EQUIPMENT COST
TYPE
UNITS
COST
MATERIAL
TOTAL
BELOW
0.00
0.00 0.00
SS -1
TACK OIL
4.00
0.71
2.84
0.00
0.00 0.00
TY -3 HM SURF -LS
' 2.50
22.97
57.43
0.00
9.07 0.00
0.00
0.00
0.00 0.00
0.00
100
0.00 0.00
O00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
.
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
0.00
0.00 0.00
0.00
EQUIPMENT TOTAL= $125.19 MATERIAL TOTAL
= 60.27
5902.65
GRAND TOTAL""
TOTAL P.01
•
PROJECT TITLE Rolling Hills Phase II - Water Line Replacements
PROJECT NO. 95038-20 CONTRACT NO. 664
CONTRACT DATE
CONTRACTOR
The following changes are hereby made to the Contract Documents: These extra items were added to the Contract
Cost overrun from Contract with unit price overruns - $23,423.14.
Item #20: 273.77 sy of street repair w/6" conc. & 3" asphalt @ $58.00 per sy. $15,878.66
Item (121: 80 if French drain @ $12 per if $960.00
Item 022: (3) 8" sewer sleeves @ $540.00 ea $1,620.00
Item #23: (7) 6" sewer sleeves @ $520.00 ea $3,640.00
Item 024: 123 if of curb & gutter @ $16.00 per if $1,968.00
Justification:
Items 022 and 1123 were
Items 020,21,&024 were necessitated because of field conditions.
CHANGE TO CONTRACT PRICE
CHANGE ORDER
O1 and FINAL
required by the Ark. Dept. of Health and had to be added later.
Original Contract Price•
$ 368,615.00
Current contract price, as adjusted by previous change orders: $ 368.615.00
The Contract Price due to this Change Order will be [increased) [y}tfl ctj by $ 47.489.80 - 90a•65-- 2Ea°
The new Contract Price due to this Change Order will be:
* Street repair by City crews
** Liquidated damages 12 days
CHANGE TO CONTRACT TIME
- 2)3,787.15
$ 416,104.80* -4902.65 ** - $ 2,800;00= $4127402.15.1
The Contract Time will be [increased] [decreased] by N/A calendar days.
The date for completion of all work under the contract will be
8-27-99
Approvals Required:
To be effective, this order must be approved by the Owner if it changes the scope or objective of the project, or as may otherwise
be required under the terms of the Supplementary General Conditions of the Contract.
Requested by
Recommended by
Ordered by
Accepted by
Wiley -Fisk Form 15-3
Sid Norbash, StatrEngineer
FredB Hay�na, Mayor
r" �1A�
Goodwin Construction Company
date
date
date
date g
1
1
1
1
1
1
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•
•
•
Construction Specifications
Contract Documents
for
Citi le+
EXHIBIT A
MICROFILMED
Rolling Hills Area Phase II
Water Line Replacements
Stanton / Centerwood / Oakcliff / Rosemont /
Oaks Manor / Elizabeth / Old Wire Rd.
May, 1998
Prepared by:
The Office of the City Engineer
City of Fayetteville
113 W. Mountain Street
Fayetteville, Arkansas 72701
tit '
1
C
Copy
tt t !t it
A j i. `- -
N..u 00
f,
Construction Specifications
&
Contract Documents
for
Rolling Hills Area Phase II
Water Line Replacements
Stanton / Centerwood / Oakcliff / Rosemont /
Oaks Manor / Elizabeth / Old Wire Rd.
May, 1998
Prepared by:
The Office of the City Engineer
City of Fayetteville
113 W. Mountain Street
Fayetteville, Arkansas 72701
TABLE OF CONTENTS
Item
Panes
Advertisement for bids 1-2
Instructions to bidders 1-8
State Wage Determination 1-4
Bid Proposal 1-5
Statement of Bidder's Qualifications 1
Contract Agreement 1-3
Performance Bond 1-2
Payment Bond 1-2
General Conditions 1-42
Supplement to the General Conditions 1-9
Detailed Technical Specifications
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
100 General Project requirements 1-10
110 Measurement and Payment 1-3
120 Testing 1
140 Schedules, Progress Meetings,
Public Notice 1
300 Crushed Stone Base Course 1
310 Pipe Bedding Material 1
400 Clearing Rights of way, Cutting
and repairing fences 1-3
401 Surface Removal 1-3
406 Pipe for water lines - General - 1
411 Ductile iron pipe and ductile iron
pipe fittings for water lines 1-6
412 Polyvinyl chloride (PVC) pipe and
fittings for water lines 1-6
413 Polyethylene encasement 1
414 Pipe detection tape 1
450 Gate valves and butterfly valves 4
461 Placing pipe protection cover and
compacted backfill sewer and water 1-3
Section 462 Flushing, hydrostatic testing, disinfection
and dynamic testing of water lines 1-2
472 Fire hydrants 1-2
487 Pipeline cleanup and seeding 1-3
502 Concrete 1-2
611 Pipe underdrains (a.k.a. "French drains"). 1
Section
Section
Section
Section
Appendix A
Appendix B
- OSHA Safety requirements for excavation 218-256
- Example schedule
•
1 - 4
OCity of Fayetteville
ADVERTISEMENT FOR BIDS
Rolling Hill Area Phase II -
Water Line Replacements
on
Stanton-Centerwood-Oakcliff-Rosemont-
Oaks Manor -Elizabeth -Old Wire Rd.
Bid Number 98-38
Sealed bids for the construction of water system improvements for and additional
appurtenances, Fayetteville, Arkansas, will be received by the City of
Fayetteville, Arkansas, at the Purchasing Office, Room 306, City Administration
Building, 113 West Mountain Street, Fayetteville, Arkansas, 72701 until 2:00
p.m. local time on Wednesday June 10, 1998, and then at said office
publicly opened and read aloud.
The proposed Work generally consists of water line construction including
pipeline, fittings and valves, service connections and fire hydrants in
accordance with the contract documents. The attention of all Bidders is called
to the requirements of the specifications that work generally be limited to the
paved surface and Right -Of -Way of the streets. Additionally, no area of the
street or City right-of-way can be used for general material storage or other
uses by the contractor, refer to the contract specifications for detailed
requirements. A minimum of one lane of traffic shall be maintained at all
times.
The Contract Documents, consisting of the Advertisement for Bids, Instruction to
Bidders, Bid Proposal, Contract, General Conditions, Supplementary Conditions,
Payment Bond, Performance Bond, Drawings, Specifications, and Addenda, may be
examined and obtained at the City of Fayetteville Engineering Office, Room 004,
City Administration Building, 113 West Mountain, Fayetteville, AR.
Each contractor shall be responsible for the investigation, inspection, and
studies of the project site as deemed necessary to familiarize themselves with
all conditions encountered. Each contractor shall be responsible to read and
comply with the Instructions to Bidders as contained in the Contract Documents.
Each bid must be accompanied by a cashier's check or surety bond in an amount of
five percent (5%) of the total whole bid. Said bond shall be issued by a
resident local agent who is licensed by the Arkansas State Insurance Commissioner
to represent the surety company executing said bonds, and filing with such bonds
his power-of-attorney. The mere countersigning of the bonds by a resident agent
shall not be sufficient In the event the successful bidder fails, neglects,
or refuses to enter into the contract for the construction of said work and
furnish the necessary bonds in accordance with the Contract General and
Supplemental Conditions, the Owner shall retain said check or bond as liquidated
damages.
Bids shall be made on the official bid sheets contained in the specifications,
and such bid sheets shall not be removed from the remainder of the Specifications
and Contract Documents.
All bids shall be sealed and the envelope addressed to the City of Fayetteville,
Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas
72701, and clearly marked on the lower left side of the bid envelope shall be the
following information: The Bid number, The project name/title, the date of the
bid opening, the time of the bid opening and the bidding contractor's name and
license number.
All bidders shall be licensed under the terms of Act 150 of the 1965 Acts of the
Arkansas Legislature.
No bidder may withdraw his bid within sixty (60) days after the actual date of
the bid opening.
All bidders will be required to attend a pre bid conference on the
job site on Tuesday June 2, 1998, at 10:00 A.M. in order to be
qualified to bid.
The City of Fayetteville reserves the right to reject any and all bids, and to
waive any formalities as deemed to be in the best interest of the City of
Fayetteville.
INSTRUCTIONS FOR BIDDERS:
1. Defined Terms. Terms used in these Instructions to Bidders which are
defined in the Standard General Conditions of the Construction Contract shall
have the meanings assigned to them in the General and Supplementary
Conditions. The term "Bidder" means one who submits a Bid directly to the
Owner, as distinct from a sub -bidder who submits a bid to a Bidder. The term
"Successful Bidder" shall mean the lowest, qualified, responsible and
responsive Bidder to whom Owner (on the basis of Owner's evaluation as
hereinafter provided) makes an award. The term "Bidding Documents" includes
the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid
Proposal Form, and.the proposed Specifications and Contract Documents
(including all Addenda issued prior to the receipt of Bids).
2. Conies of the Bidding Documents. Complete sets of the Bidding Documents
in the number and amount, in any, stated in the Advertisement to Invitation to
Bid may be obtained from the Engineer upon request.
Complete sets of Bidding Documents must be used in preparing Bids; neither
the Owner nor Engineer assumes any responsibility for error or
misunderstandings resulting from the use of incomplete sets of Bidding
Documents.
Owner and Engineer in making copies of Bidding Documents available on the
above terms do so only for the purpose of obtaining Bids on the Work and do
not confer a license or grant for any other use.
3. Oualifications of Bidders. When included with, and made a part of the
Bid Proposal, the Bidder must submit a completed "Statement of Bidder's
Qualifications" as part of the Bid Proposal. The "Statement of Bidder's
Qualifications" is required to demonstrate qualifications to perform the Work
and will be used in evaluating all bids as a basis for award.
4. Examination of Contract Documents and Site.
4.1. It is the responsibility of each Bidder before submitting a Bid, to :
(a) examine the Contract Documents thoroughly,
(b) visit the site to become familiar with local and specific conditions which
may affect cost, progress, safety, performance or furnishing of the Work,
(c) consider all Local, State and Federal Regulations and Laws which may
affect cost, progress, safety, performance or furnishing of the Work,
(d) study and carefully correlate Bidder's observations with the Contract
Documents and
(e) notify Engineer of any and all conflicts, errors or discrepancies in the
Contract Document?.
4.2 Information and data reflected in the Contract Documents with respect to
Underground Facilities at or contiguous to the site is based upon information
and data furnished to the Owner and Engineer by owners of such Underground
Facilities or others, and Owner nor Engineer does not assume responsibility
for the accuracy or completeness thereof unless it is expressly provided
otherwise in the Supplementary Conditions.
4.3 Provisions concerning responsibilities for the adequacy of data
furnished to prospective Bidders on subsurface conditions, Underground
Facilities and other physical conditions, and possible changes in the Contract
Documents due to differing site conditions appear in Article 4 of the General
Conditions and any associated Supplementary Conditions.
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4.4 Before submitting a Bid, each Bidder Will, at Bidder's own expense, make
or obtain any additional information, examinations, explorations, tests and
studies which pertain to the physical conditions of the surface and subsurface
at, or contiguous to the site or other wise which may affect cost, progress,
safety, performance or furnishing of the Work and which the Bidder deems
necessary to determine the Bid for performing and furnishing the Work in
accordance with the time, price and other terms and conditions of the Contract
Documents.
4.5 Upon request in advance, the Owner will provide each Bidder access to the
site to conduct any observations, explorations and tests as each Bidder deems
necessary for submission of a Bid. Bidder shall be required to fill in all
holes and to restore all property to its former condition.
4.6 The lands upon the Work is to be performed, rights-of-way and easements
for access thereto and other lands designated for use by the Contractor in
performing the Work are identified in the Contract Documents.. All additional
lands and access thereto required for temporary facilities or storage of
materials and equipment are to be provided by the Contractor. Easements for
permanent structures or permanent changes in existing structures are to be
obtained in advance by the Owner unless specifically noted otherwise in the
Contract Documents.
4.7 The Bidder must satisfy themselves of the accuracy to the estimated
quantities in the Bid schedule by examination of the site and a review of the
drawings and specifications including any Addenda. After bids have been
submitted, the Bidder shall not assert that there was any misunderstanding
concerning the quantities of Work or the nature of Work to be performed.
4.8 The submission of a Bid will constitute an irrevocable representation by
Bidder that Bidder has complied with every provision and requirement of this
paragraph 4, that without exception the Bid is premised upon performing and
furnishing the Work required by the Contract Documents and such means,
methods, techniques, sequences or procedures of construction as may be
indicated in or required by the Contract Documents, and that the Contract
Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing the
Work.
5. Interpretations and Addenda.
All questions about the meaning or intent of the Contract Documents are to be
directed to the Engineer. Interpretations or clarifications considered
necessary by the Engineer inresponse to such questions, and/or any
information deemed necessary by the Owner or Engineer, will be issued by
Addenda mailed or delivered to all parties recorded by the Engineer as having
received the Bidding Documents. Only questions answered and/or other
information furnished by formal written Addenda will be binding.
The Point of Contact for questions and clarifications for this specific
project is Jim Beavers, P.E., City Engineer (501) 575-8206.
6. Bid security.
Each Bid must be accompanied by Bid security made payable to the Owner in an
amount od five percent (5%) of the Bidder's total maximum bid price and in the
form of a certified or bank check or a Bid Bond (on form attached, if a form
is prescribed and included) issued by a surety meeting the requirements of the
General and Supplementary Conditions.
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The Bid security of the Successful Bidder will be retained until such Bidder
has executed the Agreement and furnished the required contract security,
whereupon the Bid security will be returned. If the Successful Bidder fails
to execute and deliver the Agreement and furnish the required contract
security within 15 days after the Notice of Award, Owner may annul the Notice
of Award and the Bid security of that Bidder will be forfeited. The Bid
security of other Bidders whom the Owner believes to have a reasonable chance
of receiving award may be retained by Owner until the earlier of the seventh
day after the Effective Date of Agreement or the 61st day after the Bid
opening, whereupon the Bid security furnished by such Bidders will be
returned. Bid security with Bids which are not competitive will be returned
within 10 days of Bid opening.
7. Contract Time.
The number of days within which, or the dates by which, the Work is to be
substantially completed and also completed and ready for final payment (The
Contract Time) are as set forth in the Bid Proposal, Contract Agreement and
Technical Specification 100 - General Project Requirements.
8. Liquidated Damages.
Provisions for liquidated damages, if any, are set forth in the Bid Proposal
and/or the Contract Agreement.
9. Substitute or "Or -equal" items.
The Contract, if awarded, will be on the basis of materials and equipment
described in the Drawings or specified in the Specifications without
consideration of possible substitute or "or -equal" items. Substitute or "or -
equal" items of materials or equipment, unless it is specified that no
substitute will be allowed, may be furnished or used by the Contractor if
acceptable to the Engineer. Application for acceptance for possible
substitute or "or -equal" items will not be considered by the Engineer until
after the effective date of the Contract Agreement. The procedure for
submission of any such application is set forth in Article 6.7 of the General
Conditions and any associated Supplementary Conditions.
10. Subcontractors, suppliers and others.
The Contractor shall not assign or sublet all or any part of this Contract
without the prior written approval of the Owner and Engineer. Nor shall the
Contractor allow any subcontractor to commence work until he has provided and
obtained approval of such compensation and public liability insurance as
required by the Contract Documents. The approval of each subcontract by the
Owner will in no manner release the Contractor from any of his obligations as
set forth in the Contract Documents including the Plans, Specifications,
Contract and Bond(s).
11. Bid Proposal Form.
11.1 All bids must be made on the required Bid Proposal form contained in the
Bidding Documents. Additional copies may be requested from the Engineer.
11.2 All blank spaces for Bid prices must be filled in, in ink or type
written, and the Bid form must be fully completed and executed when submitted.
Only one (1) copy of the Bid form is required.
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11.3 Bids by corporations must be executed in the corporate name by the
president or vice-president (or other corporate officer accompanied by
evidence of authority to sign) and the corporate seal must be affixed and
attested by the secretary or an assistant secretary. The corporate address
and state of incorporation must be shown below the signature.
11.4 Bide by partnerships must be executed in the partnership name and signed
by a partner, whose title must appear under the signature and the official
address of the partnership must also be shown below the signature.
11.5 A11 names must be typed or clearly printed in ink below the signature.
11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the
numbers of which must be filled in on the Bid form).
11.7. The address and telephone number for communications regarding the Bid
must be shown.
12. Submission of Bids.
Bids shall be submitted at the time and place indicated int eh Advertisement
or Invitation to Bid and shall be enclosed in an opaque sealed envelope,
marked in the lower left portion with the Project Title, Bid Number, Date of
the bid opening, time of the bid opening, bidding contractor's name and
license number. The Bid shall be accompanied with the Bid Security and other
required forms and documents.
If the Bid is sent through the mail or other delivery system, the sealed
envelope shall be enclosed in a separate sealed envelope wit the notation "Bid
Enclosed" on the face of the outer envelope.
THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE BOUND SPECIFICATIONS AND
CONTRACT DOCUMENTS.
13. Modification and Withdrawal of Bids.
Bids may be withdrawn or modified by an appropriate duly executed document (in
the manner that a Bid must be executed) and delivered to the place where Bids
are to be submitted at anv time prior to the opening of Bids.
If, within 24 hours after the opening of Bids, any Bidder files a duly signed,
written notice with Owner and promptly thereafter demonstrates to the -
satisfaction of Owner that there is a material and substantial mistake in the
preparation of its Bid, that Bidder may withdraw its Bid and the Bid security
will be returned. Thereafter, that Bidder shall be disqualified .from further
Bidding on the Work provided under the Contract Documents.
14. Opening of Bids.
Bids will be opened and publicly read aloud at the time and location as
specified in the advertisement of invitation for bids. A tabulation of the
amounts of the Bids will be made available to the Bidders after preparation by
the Engineer.
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15. Bids to remain subiect to acceptance.
All Bids shall remain subject to acceptance for 60
Bid opening, but Owner may, at its sole discretion,
the Bid security prior to that date. Additionally,
Owner, the Owner and the apparent Successful Bidder
extend the time of acceptance beyond the 60 days,
Proposal or Contract Documents.
16. Award of Contract.
days after the day of the
release any Bid and return
if deemed necessary by the
may enter negotiations to
with no changes in the Bid
16.1 Owner reserves the right to reject any and all Bids, to waive any and
all informalities not involving price, time or changes to the Work, to
negotiate contract terms with the Successful Bidder, and the right to
disregard all nonconforming, nonresponsive, unbalanced or conditional bids.
The Owner further reserves the right to reject the Bid of any Bidder if the
Owner believes that if would not be in the best interest of the Project or
Owner to make award to that Bidder, whether because the Bid is not responsive
or the Bidder is unqualified or of doubtful financial ability, or of doubtful
past performance, or fails to meet any other pertinent standard or criteria
established by the Owner. Discrepancies in the multiplication of units of
Work and unit prices will be resolved in the favor of the unit prices.
Discrepancies between the indicated sum of any column of figures and the
correct sum thereof will be resolved in favor of the correct sum.
16.2 In evaluating the Bids, Owner will consider the qualifications of
' Bidders, whether or not Bids comply with the prescribed requirements, and such
alternates, unit prices, and other data, as may be requested in the Bid
Proposal Form or prior to Notice of Award.
' 16.3 Owner may consider the qualifications and experience of the
subcontractors, suppliers and other persons and organizations proposed for
those portions of the Work as to which the identity of subcontractors,
suppliers and other persons and organizations must be submitted as provided
' for in the Contract Documents. Owner may also consider the operating costs,
maintenance requirements, performance data and guarantees of major items of
material and equipment proposed for incorporation in the Work when such data
is required to be submitted prior to the Notice of Award.
' 16.4 Owner may conduct such investigations as Owner deems necessary to assist
in the evaluation of any Bid and to establish the responsibility,
qualifications and financial ability if Bidders, proposed subcontractors,
' suppliers and other persons and organizations to perform and furnish the Work
in accordance with the Contract Documents to Owner's satisfaction within the
prescribed time.
16.5 If the contract is to be awarded, it will be awarded to the lowest
responsive, responsible, qualified Bidder whose evaluation by Engineer
indicates to Owner that the award will be in the best interests of the Project
and Owner.
16.6 If the contract is to be awarded, Owner will give the Successful Bidder
a Notice of Award within 60 days after the date of the Bid opening. If deemed
necessary by the Owner, the Owner and the apparent Successful Bidder may enter
' negotiations to extend the time of acceptance beyond the 60 days, with no
changes in the Bid Proposal or Contract Documents.
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17. Contract Security.
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Article 5 of the General Conditions, and the associated Supplementary
Conditions set forth the Owner's requirements as to Performance and Payment
Bonds. When the Successful Bidder delivers the executed Agreement to Owner,
it must be accompanied by the required Performance and Payment Bonds.
18. Signing of Agreement.
When Owner gives Notice of Award to the Successful Bidder, it will be
accompanied by the required number of unsigned counterparts of the Agreement
with all other Contract Documents attached. Within 15 days thereafter,
Contractor shall sign, execute and deliver the required number of counterparts
of the Agreement and attached documents to the Owner with the required Bonds.
Within ten (10) days thereafter Owner shall deliver one fully signed and
executed to Contractor.
19. Compliance with State Licensing Law.
Contractors must be licensed in accordance with the requirements of ACT 150,
Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors."
Bidder who submit Bids in excess of 820,000.00 must submit evidence of their
having a contractor's license before their Bids will be considered, and shall
note their license number on the outside of their Bid.
20. Labor Laws.
The Contractor shall abide by all Federal, State and Local Laws and
Regulations governing labor. The Contractor shall further agree to hold and
save the Owner harmless from the payment of any contributionunder the State
Unemployment Compensation Act, and the Contractor agrees that if he is subject
to the Arkansas State Unemployment Act, he will make whatever contributions
are required under and by virtue of the provisions of said Act.
21. Wages and Labor.
Minimum wage rates shall be equal to the basic rates as established by common
usage in the city and adjacent community for the various types of labor and
skills performed. In cases where wage rate determinations are specified in
the Contract Documents, the rates as specified shall be the minimum rates
which apply to the Project. Whenever available, the Contractor shall make use
of local common and/or skilled labor as is practical.
The Contractor
and each
subcontractor,
where the amount exceeds
$75,000.00
shall comply with the provisions of Act
74, as amended by Act 275
of 1969
(Arkansas Stat.
14-630).
The provisions
are summarized below.
The Contractor and Subcontractor shall:
1) pay the minimum prevailing wage rates for each craft or
type of workman and the prevailing wage rate for holiday
and overtime work, as determined by the Arkansas Department
of Labor,
2) post the scale of wages in a prominent and easily
accessible place at the site of the Work,
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3) keep an accurate record showing the names and occupation and
hours worked of all workmen employed by them, and the
actual wages paid to each of the workmen, which records
shall be open at all reasonable hours to the inspection of
the Department of Labor or the Owner, its officers and
agents.
A copy of the prevailing wage rates for this specific project, as established
by the Arkansas Department of Labor, is attached in the Contract Documents
immediately following the Instructions to Bidders.
The Owner shall have the right to withhold from amounts due the Contractor so
much of accrued payments as may be considered necessary to pay the workmen
employed by the Contractor or any subcontractor, the difference between the
rates of wages required by this Contract and the rates of wages received by
such workmen.
If it is found that any workmen employed by the Contractor or subcontractor
has been, or is being paid a rate of wages less that the rate of wages
required by this Contract, the owner may by written notice to the Contractor,
terminate the Contractor's right to proceed with the Work or such part of the
Work as to which there has been a failure to pay the required wages and to
prosecute the Work to completion by Contract or otherwise, and the Contractor
and his sureties shall be liable for any costs occasioned thereby.
' 22. Compliance with Act 125, Arkansas Acts of 1965.
The attention of Bidders is called to the provisions of Act 125, Arkansas Acts
of 1965. This act provides for the payment of certain taxes on materials and
equipment brought into the State. It further provides for methods of
collecting such taxes. All provisions of Act 125, Arkansas Acts of 1965 shall
be complied with under this Contract.
' 23. Withholding State Income Taxes
' The contractor shall deduct and withhold Arkansas income taxes, as required by
Arkansas law, from wages paid employees, whether such employees are residents
or nonresidents of Arkansas.
' 24. Compliance with Rules and Regulations for the Enforcement and
Administration of Act 162. Arkansas Acts of 1987.
' The attention of all nonresident Bidders is called to the provisions of Act
162, Arkansas Acts of 1987. This act provides for nonresident Contractors and
subcontractors notice and bond regulations by the Commissioner of Revenues,
Dept. of Finance and Administration, P.O.Box 1272, Little Rock, Arkansas
' 72203 prior to commencing work or undertaking to perform any duties under
contract within the State of Arkansas.
' 25. Subcontractors Bonds - Act 190. Arkansas Acts of 1993.
The attention of Bidders is called to the provisions of Act 190, Arkansas Acts
of 1993. In general, this act provides for the subcontractors to provide to
' the General Contractor performance and payment bonds, with certain regulations
on form and time, when the subcontractor's bid is in excess of $50,000.00.
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26. Excavation Safety.
The attention all Bidders is called to the requirements of Act 291, Arkansas
Acts of 1993 - Excavation and Trench Safety. The current edition of
Occupational Safety and Health Administration Standard for Excavation and
' Trench Safety Systems, 29 CFR 1926, Subpart P, is specifically incorporated
and made a part of these specifications and contract documents as required by
Arkansas Act 291 of the 79th General Assembly of 1993. The Contractor shall be
solely responsible for the implementation of these requirements.
' A copy of the OSHA regulations is included in this set of specifications as
Appendix A.
27. Special conditions in the specifications.
a. The attention of all Bidders is called to the requirements of
specifications that work generally be limited to the paved surface of the
streets. Additionally, no area of the street or City right-of-way can be used
for material storage or other uses by the contractor. A minimum of one lane
of traffic shall be maintained at all times.
b. The attention of all Bidders is called to the fact that street repairs
are not included in this contract and will be made by the City. The
contractor shall backfill the trench in accordance with the plans and
specifications but will not be responsible for street repairs except for
damage beyond the limits of construction.
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End of the Instructions to Bidders
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Jim Guy Tucker
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James L Salkeld
DhRJ-
STATE OF ARKANSAS
ARKANSAS DEPARTMENT OF LABOR
10421 WEST MARKHAM • LITTLE ROCK, ARKANSAS 72205-2190
(501) 682-4500 • FAX: (501) 682-4532 • TOO: (800) 285-1131
July 11, 1995
Jim Beavers
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Water Line Replacements
Fayetteville, Arkansas
Washington County
Dear Mr. Beavers:
In response to your request, enclosed is Arkansas Prevailing
Wage Determination Number 95-003 establishing the minimum wage
rates to be paid on the above -referenced project. These rates
were established pursuant to the Arkansas Prevailing Wage Law,
Ark. Code Ann. §§ 22-9-301 to 22-9-313(1987) and the
administrative regulations promulgated thereunder.
If the work is subject to the Arkansas Prevailing Wage Law,
every specification shall include minimum prevailing wage rates
for each craft or type of worker as determined by the Arkansas
Department of Labor Ark. Code Ann.§§22-9-308(b)(2). Also, the
public body awarding the contract shall cause to be inserted in
the contract a stipulation to the effect that not less than the
prevailing hourly rate of wages shall be paid to all workers
performing work under the contract, Ark. Code Ann. §22-9-308(c).
Additionally, the scale of wages shall be posted by the
contractor in a prominent and easily accessible place at the work
site. Ark, Code Ann. §22-9-309(a).
If you have
any questions
please
feel free to contact me at
(501) 682-4533 or
through fax
at (501)
682-4508.
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Sincerely,
Ann Sanders
Prevailing Wage Supervisor
enclosure
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Page 1 of 2 ARKANSAS DEPARTMENT OF LABOR
PREVAILING WAGE DETERMINATION - HEAVY RATE
DATE: July 11, 1995 DETERMINATION p: 95-003
PROJECT: Water Line Replacements COUNTY: Washington
Fayetteville, Arkansas EXPIRATION DATE: 1-11-96
SURVEY H: AH0S
BASIC
HOURLY
FRINGE
CLASSIFICATION
RATE
BENEFITS
Bricklayer/Pointer.Cleaner.Caulkner
7.20
Carpenter
7,75
Concrete Finisher/Cement Mason
8.00
Electrician
12.00
Laborer
6.65
.46
Pipelayer
7.00
Truck Driver
9.05
Power Equipment Operators:
Group III
8.70
Group IV
8.10
Crane. Derrick, Dragline, Shovel
& Backhoe, 1-1/2 yds. or less
11.00
Crane, Derrick, Dragline, Shovel
.89
& Backhoe, over 1-1/2 yds.
9.90
Mechanic
6.90
Welders --receive rate prescribed for craft perfprming operation
to which welding is incidental.
Certified July 7, 1995
Classifications that are not listed, but that are going to be
working on this project, should be requested from the Arkansas
Department of Labor, Prevailing Wage Division. These written
requests should be made as soon as you notice that a required
classification is missing, normally this would be during the bid
process.
Page 2 of 2 ARKANSAS DEPARTMENT OF LABOR
PREVAILING WAGE DETERMINATION - HEAVY RATE
' DATE: July 11, 1995 DETERMINATION q: 95-003
PROJECT: Water Line Replacements COUNTY: Washington
Fayetteville, Arkansas EXPIRATION DATE: 1-11-96
'
SURVEY II: AH0S
Power Equipment Operators:
Group III
Heavy Equipment Operators. Operators engaged in operating the
following equipment: bulldozers, front end loaders, sidebooms,
skytracks, push tractors, pull scrapers, motor graders,
trenching machines, regardless of size or motive power,
backfillers, central mixing plants, 10S and larger, finishing
machines, boiler fireman high or low pressure, asphalt spreaders,
hydro truck crane, multiple drum hoist, irrespective of motive
power, rotary, cable tool, core drill or churn drill, water well
and foundation drilling machines, regardless of size, regardless
of motive power and dredge tender operator.
Group IV
'
Light Equipment Operators. Operators engaged in operating the
following equipment: Oilerdriver motor crane, single drum
hoists, winches and air tuggers, irrespective of motive power,
winch or A frame trucks, forklifts, rollers of types and pull
tractors, regardless of size, elevator operators inside and
outside when used for carrying workmen from floor to floor and
handling building material, Lad-A-Vator, conveyor, batch plant,
and mortar or concrete mixers, below 10S. end dump euclid,
pumperete, spray machine and pressure grout machine, air
compressors, regardless of size. All light equipment, welding
' machines, light plants, pumps, well point system dewatering and
portable pumps space heaters, irrespective of size, and motive
power, equipment greaser, oiler, mechanic helper, drilling
machine helper, asphalt distributor and like equipment, safety
boat operator and deckhand.
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Employers Mutual Casualty Company
HOME O FICE - DES MOINES
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That we
GOODWIN & GOODWIN, INC.
Y --
as Principal, and EMPLOYERS MUTUAL CASUALTY COMPANY, a corporation
organized and existing under the laws of the State of Iowa and
authorized to do business in the State of Arkansas, as Surety, are
held and firmly bound unto
CITY OF FAYETTEVILLE, ARKANSAS
as Obligee, in the sum of FIVE PERCENT OF THE AMOUNT BID (5% of bid),
lawful money of the United States of America, to the payment of which
sum of money well and truly to be made, the Principal and Surety bind
themselves, their and each of their heirs, executors, administrators,
successors and assigns, jointly and severally, by these presents.
THE
CONDITION OF
THIS
OBLIGATION
IS SUCH that
if the Obligee shall
make
any award to
the
Principal
for:
ROLLING HILLS AREA, PHASE II
WATER LINE REPLACEMENT, FAYETTEVILLE, ARKANSAS
according to the terms of the proposal or bid made by the Principal
therefor, and the Principal shall duly make and enter into a contract
with the Obligee in accordance with the terms of such proposal or bid
and award and shall give bond for the faithful performance thereof,
with the Employers Mutual Casualty Company as Surety or with other
Surety or Sureties approved by the Obligee; or if the Principal shall,
in case of failure so to do, pay to the Obligee the damages which the
Obligee may suffer by reason of such failure not exceeding the
penalty of this bond, then this obligation shall be null and void;,,,
otherwise it shall be and remain in full force and effect.
Signed, Sealed and Dated JUNE 10, 1998
GOODWIN & GOODWIN, INC. " '
4J cL OtXXDDWI,J By: �Ll �lWf 1 1Clldtrn�(pDl 1 I tQ� .^'°,r
Witness Titl - .
EMPLOYERS MUTUAL CASUAL Y COMPANY =
By:
Witness WILLIAM H. GRIFFIN
Attorney -in -Fact
EMC Insurance Companies No % 1 7117 3
P.O. Box 712 • Des Moines, Iowa 50303
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, a Rhode Island Company
4. Illinois EMCASCO Insurance Company, an Illinois Corporation
hereinafter referred to severally as ".Company" and collectively as "Companies`, each does, by these presents, make, constitute and appoint:
KNIGHT CASHION, BENSON A. CASHION, MATTHEW KNIGHT CASHION, JR., JUDY SCHOGGEN,-------------=
WILLIAM R. PLEDGE, WILLIAM H. GRIFFIN, INDIVIDUALLY, LITTLE ROCK, ARKANSAS-----------------
its true and lawful attorney -in -fact, with full power and authodty conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a
similar nature as follows:
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. American Liberty Insurance Company, an Iowa Corporation
7. The Hamilton Mutual Insurance Company, an Ohio Corporation
IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS-------------
-($1O,OOO,OOO.OO)
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
April 1, 1999
The authority hereby granted shall expire _, _ unless sooner revoked.
AUTHORITY FOR POWER OF All
This Power-of-Attomey.is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first
regularly scheduled meeting of each company duly called and held in 1997:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke
the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company.
Certification as to the vaL'dity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed.
IN WITNESS WHEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
1:::
day of January 19 98
Seals
"" Bruce G. Kelley, C airman Donald L. Coughea wer
••SLp NS '# 'sYt. 11„0 °' '. OF,PS 0 Nf" 4 y of Companies 2, 3, 4, 5 & 6; resident of Assistant Secretary
PFc±,`owon��f'oaroA,;.�. V' ; _ ;: pow=o A,; ; T•, of Company 1; Vice Chairman and
1953" CEO of Company 7
aD
SEAL 2' o 1863 €�5 W fz
:Za, RI S�2c :i�.,L �ap�
i'IJ,P',bnY\:`'�1� �,% 'arywn,! "s , Id•q.n n,.P Ali
•,,....u1p u.,, .•our...:'
„",•.•,•., On this 12thdayof January AD 19 98 before me a
oN5uaANc�c '`QE`NsueAq f, QSe�mA, °as Notary Pubic in and for the State of Iowa, personally appeared Bruce G. Kelley and Donald
:',, ^R:,•. . xrux.r'• °o : ?t -'t" •C 9> L. Coughennower, who, being by me duly sworn, did say that they are, and are known to me
"` — "`� to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary,
SEAL =..F SEAL =>'_ ;�; SEAL
respectively, of each of The Companies above; that the seals affixed to this instrument are
'• ;' • , : o ": '• °es••.•,,,,,•` the seals of said corporations; that said instrument was signed and sealed on behalf of each
MgwE5. %I of the Companies by authority of their respective Boards of Directors; and that the said
Bruce G. Kelley and Donald L. Coughennower, as such officers, acknowledge the execution
UT of said instrument to be the voluntary act and deed of each of the Companies.
My Commission Expires December 8,1999.
a,,\ `4F AMY LEE PONERSEN //� �l /D
`�" _ on MY COMMISSION EXPIRES f% /..P.f- /'
December 8, 1999 Notary P is in and for the State of Iowa
CERTIFICATE
I. David L. Hixenbaugh, Vice President of the Companies do hereby certify that the foregoing resolution of the Boards of Directors by each of the
Companies, and this Power of Attorney issued pursuant thereto on 3anuary 12, 1998
onbehalfof Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Judy Schoggen,--------
are true and correct and are still in 1u;l force and effect. William R. PleeccT� e, William H ,.Graf fin
In Testimony Whereof f have subscribed my name and affixed the facsimile seWof each Company this 1 ULlday of _. June ,19 98.
Vice -President
' BID PROPOSAL
i Place Fayetteville. Arkansas
Date (0-9-98
Proposal of ')WdW T\ 4 cxLoir a corporation
organized and existing under the laws of the State of 4 QJZA \.SAti.
a partnership consisting of
an individual trading as
To: City of Fayetteville
City Administration Building
113 West Mountain
1 Fayetteville, AR 72701
The undersigned hereby proposes to perform all work and furnish all materials
required to be furnished for the construction of Bid No. 95-55 which shall be
the water system improvements for Sheryl Ave (Oaks Manor to Rolling Hills),
Glenn Lane, Bonnie Lane and additional appurtenances, Fayetteville, Arkansas,
in accordance with the following bid schedule, plan drawings 91-6289/1,2,3,
' 4,5,6 and the contract documents including the project specifications, for
the basic lump sumof
-rtrtc V1unttrj St-ni Witoara SC Luc r.Qtxran
Dollars($
It is understood that the lump sum proposals, in addition to all other work
includes all variable quantities listed in the proposal in the amounts so
listed. The variable quantities given in the proposal are for the purpose,of
comparing bids only, and the basic lump sum proposal will be adjusted in the
final settlement for variation in the quantities at the following unit prices:
Bid Schedule
Unit Prices for Variable Quantities
1 Item Quantity Unit Amount
no. and unit Description price of bid
1. 9,000 (6) inch PVC AWWA C900
1 class 200 water line
to include bedding material,
tracing wire, and tracing tape.
1tIL,, ,O!
1
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1
1
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1
1
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2. 1,600 if Eight (8)inch PVC AWWA C900
class 200 water line
to include bedding material,
tracing wire, tracing tape. V0
72. boo.
(figures) $ 4ui1yEiLt 16oJ is C.;kr u hcirej
(total - words)
3. 1,200 ton Class 7 aggregate backfill
J1 O0 co
s Zo, 4 oo
y (� (figures
J )
5 IU%e4tj ooseind jOQC 4Qr cI4,
(total - words)
4. 2,000 lbs Compact ductile iron fittings.
S 4 2Q 5 O a
JO $ / �/ 000
(figures)
s Seuen i'LousanJ
(total - words)
5. 11 ea
Six (6) inch gate valve with box.
s oLac 5,°o
(figures)
s {►Ve oO5zv,41ro hoaJ 1tienrty Owe
(total - words)
6. 4 ea Eight(8) inch gate valve with box.
OO gyp
$
t (figures)
s •via
(total - words)
2
7. 5 ea 6" x 6" Tapping sleeves
and tapping valves
00
(figures)
(total - words)
E. 1 ea 8" x 8" Tapping sleeve
and tapping valve
�IPSD'� S 1 ,105O 7 -
(coral - woras)
9. 10 ea Fire Hydrant Assemblies
includes tees and gate valves
$ z2oo,°s ZZ000,°`
(figures)
/Wenly'✓wo 7k�u�ncl
(total - words)
10. 9 ea Reconnect service lines
Type "A" by means of boring under
the street (including 2" PPVV�C casing) or open cut.
S O!a $ ?ISO `—
(figures)
(total - words)
11. 72 ea Reconnect service lines
Type "B" �o
ao .�
5 S
(figures) /
$ i tieert -n o u con/rAU cec(/ rc,,rTy
(total - words)
3
12. Lump Sum Top soil/seeding/mulching to match existing
lawns where sod is not applicable
S �OOOt c,OOO,
II (figures)
$ rove -t Lousan4,
(total - words)
13. Lump Sum Remove preserve and relay
existing sod / or lay new
matching sod
$qot�� $ ofd ,cx.�o�
(figures)
(total - words)
14. 250 SY Concrete Street Repair
maximum of 4' of trench width allowed for payment
$ y0i S �Oj bOO,om
(figures)
$ //en �dousc/n4
(total - words)
15. 450 SY Asphalt Street Repair
maximum of 4' trench width allowed for payment
$
(figures)
$ *v¢n Tpen ,oa&ic/rone �urccle
(total - words)
16. 500 SY Four inch thickness
concrete driveway repair
c37 • ' S // 000 g9
(figures)
-/ h uP /1 v i iarr
(total - words)
4
JUN -05-1998 06:44 FROM FAYETTEVILLE
TO
915017837555
P.02
June 4, 1998
Addendum no. 1
Rolling Hills Area Phase II - Water Line Replacements
Bid Number 98-38, City of Fayetteville, Arkansas.
The following changes are hereby made a part of the contract
documents;
Item number 19 is hereby added to the bid proposal:
19-a Lump Sum Garland ave. Tasks 1&2
2 o
$ $ (3?. oo
figu es - I ft An
s-1
k r I Geri 2 us c�.i'Zlj�t 1'Ic�nckp
total -words
19-b 20 L.F, Fire Hydrant Extension
00
$ /000
figures
$ pn9 4'o o)2�cf
total -words
19-c 300 L.F. Street boring with 2" PVC conduit encasement
figures
Aired
total-words
Total of a,b,and c O0
. j000a
figpre
I total in words
Enter total amount of 19 a,b,c as total for item #19 on the
attached sheet number 5 of the bid proposal and attach this
revised sheet to the old sheet no. 5.
Clarification note on bid item No. 10: This price will include a
new meter setting also.
SUN -@5-1998 0 :45
FROM FAYETTEVILLE
TO
915@17837555
P.03
17. lump sum Mobilization,
and storage
Iota: - wards)
18. lump sum Trench safety requirements.
OO OO
figures)
s (one --asanct
I tote! - w rds)
19. Addendum #1(Total) $o�o� �0 s 4oyt emm
s / MtY (��wo-� CC arm'' 1 Sim 1,O ndreG(
Total basic contract price $_______________________________________
:Spires)
S Cie SIT' £ oos nJ S. k, Vr Jrec) eery
[total - Words]
Bidders must bid the schedule in its entirety including all items, The City of
Fayetteville reserves to right to reject any and all bids and waive any
formalities as deemed in the best interest of the City of Fayetteville.
The undersigned hereby declares: That he has examined the Plans and the
specifications with the related documents and the site of the proposed work
and being familiar with all conditions surrounding construction of the
proposed project, including availability of material and labor, hereby
proposes to furnish all equipment, ]abor,material,plant and supplies, within
the time set forth herein and at the prices stated above. These prices are to
cover all expenses incurred in performing the work required under the Contract
Documents, of which this proposal is a part.
The undersigned further agrees, if awarded the contract, the Contractor shall
begin work within ter (10) calendar days from a Notice to Proceed and will
fully complete all work within one hundred (100) consecutiva calendar days
after the date of the Notice to Proceed. Should the Contractor fail to
complete the work within the stated time, he shall pay the Cw*ner as fixed,
agreed. and liquidated damages 8200.00 per day for each consecutive calendar
day of delsy until the work is completed or accepted.
The undersigned submits the following subcontractors for use if the contract
is awarded. The cwner shall have the authority to reject the use of any
subcontractor.
Subcontractors
J
TOTAL P.03
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lump sum Mobilization,
and storage
(figures)
(total - words)
lump sum Trench safety requirements.
(figures)
(total - words)
Total basic contract price $
(figures)
(total - words)
Bidders must bid the schedule in its entirety including all items, The City of
Fayetteville reserves to right to reject any and all bids and waive any
formalities as deemed in the best interest of the City of Fayetteville.
The undersigned hereby declares: That he has examined the Plans and the
Specifications with the related documents and the site of the proposed work
and being familiar with all conditions surrounding construction of the
proposed project, including availability of material and labor, hereby
proposes to furnish all equipment, labor,material,plant and supplies, within
the time set forth herein and at the prices stated above. These prices are to
cover all expenses incurred in performing the work required under the Contract
Documents, of which this proposal is a part.
The undersigned further agrees, if awarded the contract, the Contractor shall
begin work within ten (10) calendar days from a Notice to Proceed and will
fully complete all work within one hundred (100) consecutive calendar days
after the date of the Notice to Proceed. Should the Contractor fail to
complete the work within the stated time, he shall pay the Owner as fixed,
agreed, and liquidated damages $200.00 per day for each consecutive calendar
day of delay until the work is completed or accepted.
The undersigned submits the following subcontractors for use if the contract
is awarded. The owner shall have the authority to reject the use of any
subcontractor.
5
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' Subcontractors
IName Address Contractor's license no.
Additional time is allowed for delays as stipulated in the Contract Documents.
' The undersigned acknowledges the receipt of the following Addendum:
min -I
For changing quantities of work items from those indicated by the contract
Documents, upon written instructions from the Engineer, the above unit prices
as given in the proposal shall prevail. The above unit prices shall include
- all labor, materials, plant, bailing, shoring, overhead, profit, insurance,
bonds, etc., as necessary to cover the finished work of the various kinds
called for. The bidder understands that the City of Fayetteville reserves the
right to reject any or all bids and waive any formalities as deemed in the
' best interest of the City of Fayetteville.
The bidder does agree that this bid shall be good and may not be withdrawn for
' a period of 60 days after the scheduled closing time for receipt of bids.
Further the undersigned agrees to fully and completely submit the detailed
"STATEMENT OF BIDDER'S QUALIFICATIONS" as found on the page immediately
following the proposal. The undersigned agrees that failure to complete
and/or provide the "STATEMENT OF BIDDER'S QUALIFICATIONS" shall be cause for
the Owner and/or Engineer to consider the bid non -responsive and to reject
' such bid.
By'I3nj�'k1 �oO4W I i
Tit e
35o3 t Q .as'v� -) rAQ-
' rn aBusiness Address
So I- -7%t Ilf3'1
' Telephone
OO/69603-9s
Arkansas License Number
STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and
comprehensive. This statement must be notarized. If necessary, questions may
be answered on separate sheets and then attached to this statement. The
Bidder may submit any additional information that he desires.
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1. Name of Bidder. (I �djw„^ (,UOGQWt rl✓lc_
2. Permanent main office address and telephone number.
3. When 3563rgalznfa T.QJIA�"y
'9eO C1
4. If a corporation, where incorporated. CIR.C.
5. Contractor's License number. 001k9&03
-
6. How many years have you been engaged in the contracting business under
your present firm or trade name? under other names? Ie ,/r5
7. Contracts on hand. (Schedule these, showing the amount of each contract
and the appropriate anticipated dates of completions, and a poi r� of contact
for references.) C(A oF' VAr\ ?UrA- 5TreeT prolrct- 6'400.000- AJr1 (0X1W
79-t1z7
8.
Have
you
ever
failed to
complete any work
awarded to
you?
NO
9.
Have
you
ever
defaulted
on a contract? If
so, where
and
why? NO,
10. Experience in construction similar in size and scope to this project,
along with the project owners and engineers.
CItt)J prir.(&atr &,nv2n.h(I;r1 VA er1eu1ICe 1fl5nt1L— VAr. $urPA(N C-xee,-lw•��,
11. List of major equipment available for this contract.
4AdCThfc.(n,ro ba Lor fAtLCL,vps
12. Will you,Tupon request, fill out a detailed financial statement,
including credit worthiness, and furnish any other information that may be
required by the Owner? ("5 —
Dated at
CXZcc
D{
640/sv / 6V4--. ft'd-this
8 day of
19
___
Name of Organization: 7hc
by
�
Title mSic____
State of l 5(.L_T_Q,,✓_Qn
County of obZ (P ac
being duly sworn deposes
and says that ,he (sl}e) _ is The
_ of ___r_i.�__T_g(�Tn z/,/r� , Contractor(s), and
that answers to the foregoing questions and all statements therein contained
are true and correct.
Subscribed and sworn before me this 3 a day of
I N tart' _ lii
My commission expires 7w. -r.-.
(seal)
19Q� .
0
CONTRACT
THIS AGREEMENT, made and entered into the
7#A day of
^ ..
199_, by and
between the
City of
Fayetteville,
_____,
Cdunty of
Washington, State
of Arkansas,
Party of the First Part,
hereinafter
called the Owner,
and Goodwin
& Goodwin,
Inc.
of the City of
Fort Smith,
AR.
,
, Party of
the Second Part,
hereinafter called the
Contractor.
WITNESSETH THAT:
WHEREAS, the Owner has called for bids for water system
improvements, as set out in the Plans and Specifications and
approved by the City of Fayetteville, Arkansas; and
WHEREAS, pursuant to the published calls for bids under said Plans
and Specifications, the Contractor is the lowest and best qualified
bidder for the construction of said Improvements;
NOW THEREFORE, the Contractor agrees with the Owner to commence and
complete the construction of:
Bid No. 98-38 which shall be the water system improvements for
Stanton/Centerwood/Oakcliff/Rosemont/Oaks Manor/Elizabeth/Old Wire
Rd. and additional appurtenances, Fayetteville, Arkansas;
including all Work required for a complete and acceptable
installation, for the unit and lump sum prices bid in the Bid
Proposal, all of which become and are a part of this Contract, the
total sum thus being
Three Hundred Sixty -Eight Thousand, Six Hundred Fifteen XX/100.
dollars ($368,615.00), such sum being the agreed amount upon which
bonds and liabilities are based, and at his own cost and expense
furnish all materials, supplies, labor, machinery, equipment,
tools, supervision, bonds, insurance and other accessories and
services necessary to complete the said construction in accordance
with the conditions and prices stated in the Bid attached hereto
and made a part hereof, and in accordance with the Technical
Specifications, the General Conditions, the Supplementary
Conditions, and in accordance with the Plans, which include all
maps, plats, blueprints, and other drawings, and written or printed
explanatory matter thereof.
The Contractor agrees to commence work under this contract within
ten days of the issuance of the Notice to Proceed and totally
complete all work within one hundred (100) calendar days.
The Owner agrees to pay the Contractor in current funds for the
performance of the contract in accordance with the accepted Bid
therefor, subject to additions and deductions, as provided in the
Specifications, and to make payment on account thereof as provided
below.
FA
U
8 As soon as is practicable after the first of each calendar month,
and in accordance with the Contract Specifications, the Owner will
make partial payments to the Contractor for work performed during
a the preceding calendar month, based upon the Engineer's estimate of
work completed, said estimate being certified by the Contractor and
accepted by the Owner. Retainage shall be withheld from the
partial payments as provided by Arkansas state laws by the Owner
until final completion and acceptance by the Owner and Engineer.
The Engineer shall then issue a Final Estimate of work done based
upon the original contract and subsequent changes made and agreed
ft
upon, it any.
Time is hereby expressly declared to be of the essence of this
ll contract, and the time of beginning, manner of progress and time of
completion of the work hereunder shall be and are essential
conditions hereof.
fl The Contractor agrees to commence work within ten (10) calendar
days from the date of the Notice to Proceed and to proceed with the
construction of the work and to prosecute the work with an adequate
Q force and in a manner so as to complete the work within the time
stipulated herein. If the Contractor fails in completing the
contract within the time stipulated herein, the Contractor agrees
to pay the Owner, as liquidated damages the sum of one hundred
dollars ($100.00) per day for each calendar day of delay in
completion, said amounts being fixed and agreed upon by and between
the parties hereto. Because of the impracticability and extreme
difficulty in fixing and ascertaining the actual damages Owner
would in such event sustain, said amounts are to be presumed by the
parties to this contract to be the amounts of damage Owner would
a sustain. Said amounts of liquidated damages shall be deductible
from any amount due Contractor under the Final Estimate of said
work, after the completion thereof, and Contractor shall be
entitled any to the Final Estimate less such amounts of liquidated
damages.
If the Contractor be delayed at any time in the progress of the
O work by any act or neglect of the Owner or of the Owner's
employees, or by any other Contractor employed by the owner, or by
changes ordered in the work, or by strikes, lockouts, fire, unusual
delay in transportation, unavoidable casualties or anycauses
beyond the Contractor's control, or by delay authorized by the
Engineer pending arbitration, or by any cause which the Engineer
Ishall decide to justify the delay, then the time of completion
shall be extended for such reasonable time as the Engineer may
decide.
No such extension shall be made for delay occurring more than seven
days before claim therefor is made in writing to the Engineer. In
the case of a continuing cause for delay, only one claim is
necessary.
D 2
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In the event the Contractor abandons the work hereunder or fails,
neglects or refuses to continue the work after ten (10) days
written notice, given Contractor by the Owner or by the Engineer,
then the Owner shall have the option of 1) declaring this contract
at an end, in which event the Owner shall not be liable to the
Contractor for any work theretofore performed, or 2) requiring the
surety hereto, upon ten (10) days notice, to complete and carry out
the contract of Contractor; and in that event, should be surety
fail, neglect or refuse to carry out said contract, 3) said Owner
may complete the contract as its own expense and maintain an action
against the Contractor and the surety hereto for the actual cost of
same, together with any damages or other expense sustained or
incurred by Owner in completing this contract, less the total
amount provided for hereunder to be paid Contractor upon the
completion of this contract.
This contract shall be binding upon the heirs, representatives,
successors or assigns of the parties hereto, including the surety.
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IN WITNESS WHEREOF, the Owner and Contractor have hereto set their
hands and seals, respectively.
*If corporation, secretary should attest.
Attest:
1 AotIJ
^a City Cleric
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CITY OFFAYETTEVILLE, ARKANSAS
Fre Hanna, Mayor
End of Contract
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1) Goodwin
&
Goodwin. Inc.
a (2) Corporation
hereinafter called
"Principal" and (3) Employers
Mutual Casualty Ccaroanv
of Des Moines
, State of
Iowa
hereinafter called
the "Surety," are held
and firmly
,
bound unto (4)
City of Fayetteville. Arkansas
, hereinafter
called the "Owner",
in the penal sum of
Three Hundred
Sixty -Eight Thous
Six Hundred Fifteen &
00/100 dollars ($_368,615.COXX*XXXXXXX)
in lawful
money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors,
administrators and successors, jointly and severally, firmly by
these presents.
OTHE CONDITION OF THIS OBLIGATION is such that whereas, the
Principal entered into a certain contract with Owner, dated the
day of , 19_, a copy of which is hereto
flattached and made a part hereof for the construction of:
Bid No. 95-55 which shall be the water system improvements for
Sheryl Ave (Oaks Manor to Rolling Hills), Glenn Lane, Bonnie Lane
and additional appurtenances, Fayetteville, Arkansas.
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NOW THEREFORE, if the Principal shall well, truly and
faithfully perform its duties, all the undertakings, covenants,
terms and conditions, and agreements of said contract during the
original term thereof, and any extensions thereof which may be
granted by the Owner, with or without notice to the Surety, and if
he shall satisfy all claims and demands incurred under such
contract, and which it may suffer by reason of failure to do so,
and shall reimburse and repay the Owner all outlay and expense
which the Owner may incur in making good any default, then this
obligation shall be void; otherwise to remain in full force and
effect.
PROVIDED, FURTHER, that
hereby stipulates and agrees
alteration or addition to the
to be performed thereunder or
same shall in any wise affect
does hereby waive notice of
alteration or addition to the
or to the specifications.
the said Surety, for value received
that no change, extension of time,
terms of the contract or to the work
the specifications accompanying the
its obligation on this bond, and it
any such change, extension of time,
terms of the contract or to the work
PROVIDED, FURTHER, that no final settlement between the Owner
II and the Contractor shall abridge the right of any beneficiary
hereunder, whose claim may be unsatisfied.
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This bond is given in compliance with Act 351, Arkansas Acts
of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as
Arkansas Statutes (1957), Section 51-635, Cumulative Supplement.
IN WITNESS WHEREOF,
counterparts, each one of
the day of
At est:
(Principal) Secretary
(Seal),AAJ //
Witss as to Principal
Address
Attest:
. A1!L!til S .
'.Witness: as to aurety
this instrument
which shall be
19
P.O. Box 550,.Little Rock, AR 72203
Address
is executed in six (6)
deemed as original, this
[tz.:.:. : ...
Principal
Byipp_�
Lt3Cv\ - (� vCt-Y�
3503 Free Ferry Rd., Ft. Smith, AR 72903
Address
UM , .. . i Iasi
P.O. Box 550, Little Rock, AR 72203
Address
NOTE: Date of bond must not be prior to date of contract.
(1) Correct name of Contractor.
(2) A corporation, a partnership, or an individual, as the case may be.
(3) Correct name of Surety.
(4) Correct name of Owner.
(5) If Contractor is a partnership, all partners should execute bond.
(6) This bond must be filed with the Circuit Clerk of the county where the work
is to be performed prior to the start of construction.
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EMC Insurance Companies No. 331893
P.O. Box 712 • Des Moines, Iowa 50303
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, a Rhode Island Company
4. Illinois EMCASCO Insurance Company, an Illinois Corporation
hereinafter referred to severally as Company and collectively as 'Companies', each does, by these presents, make, constitute and appoint:
KNIGHT CASHION, BENSON A. CASHION, MATTHEW KNIGHT CASHION, JR., JUDY SCHOGGEN,--------------
WILLIAM R. PLEGGE, WILLIAM H. GRIFFIN, CYNTHIA L. WADLEY, INDIVIDUALLY, LITTLE ROCK, ARKANSAS
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a
similar nature as follows:
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. American Liberty Insurance Company, an Iowa Corporation
7. The Hamilton Mutual Insurance Company, an Ohio Corporation
IN AN AMOUNT NOT EXCEEDING TEN MILLION DOLLARS -----------------------------($10,000,000.00)
and to bind each Company thereby as fully and to the same extent as If such instruments were signed by the duly authorized officers of each such Company, and all of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed,
The authority hereby granted shall expire April 1 999 unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power•of-Attorney is made and executed pursuant to and by the authority of the fo'lowing resolution of the Boards of Directors of each of the Companies at the first
regularly scheduled meeting of each company duly called and held in 1997:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke
the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed.
IN WITNESS WHEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
14th day ofMay ,19_q-8_.�O
Seals Bruce GKe,1ey, C irman Donald L. Coughaa war
•aa,, ''a,,
�o wspNce co of ;, P,r Nspy4s, of Companies 2, 3, 4, , 5 & 6' resident of Assistant Secretary
i JS'evo �e�o' +a°'oopros'•" cue p f�2�=, p
of Company 1; Vice Chairman and
SEAL '.o= 1863 m':
1853 CEO ofCompany7
=o
s:
tell
/y�...I un",,d
'qy nvu Jl II,q,,,M rM1n,u,Y•
0011-11•.,:.,,; On this tlgay of y AD 19. before me a
,•O` N5UhANce ;UggrN�f • �oUTU4L�`Sr,,, ,,,, c . Notary Public m and for the fate of Iowa, personally appeared race G. Kelley and Donald
- .Y0flA O % • y p,Op,t, CO: OA L. Coughennower, who, being by me duly sworn, did say that they are, and are known to me
_ ` = to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary,
SEAL SEAL s>' i=
SEAL
a; respectively, of each of The Companies above; that the seals affixed to this instrument are
,''•i Iowa •+c+�,;,•'�so�NEs the seals of said corporations; that said instrument was signed and sealed on behalf of each
of the Companies by authority of their respective Boards of Directors; and that the said
Bruce G. Kelley and ponald L. Coughennower, as such officers, acknowledge the execution
UTU of said instrument to be the voluntary act and deed of each of the Companies.
My Commission Expires December 8,1999.
® ,n �'y 4t AMY LEE PETERSEN �
a;; MY COMMISSION EXPIRES jj" /C -P -e f
December 6, 1999 Notary P ;c in and for the State of Iowa
• CERTIFICATE
I, David L Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the
Companies, and this Power of Attorney issued pursuant thereto on -MaY- 14 , 1998
on behalf of Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Judy Schoggen,
are true and correct and are still in full force and effect. William R. Pledge, ` illi H. G ifpin, Cynthia L. Wadley
In Testimony Whereof I have subscribed my name and affixed the facsimile se ai0l each ompany toils _ cay of ,19
Vice -President
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That we (1) Goodwin & Goodwin, Inc.
a (2) Corporation
' hereinafter called "Principal" and (3) 'lovers asual wmpzg any
of Ths Moines , State of Iowa ,
hereinafter called the "Surety," are held and firmly bound unto (4)
called the "Owner", in the penal sum of wee Hundred ixty-Eight Thou.
Six lijdred F5f'teen & 00/100 dollars ($ 368, 15.00 ) in lawful
money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our. heirs, executors,
administrators and successors, jointly and severally, firmly by
these presents.
U
THE CONDITION OF THIS OBLIGATION is such that whereas, the
Principal entered into a certain contract with Owner, dated the
day of , 19_, a copy of which is hereto
' attached and made a part hereof for the construction of:
Bid No. 95-55 which shall be the water system improvements for
Sheryl Ave (Oaks Manor to Rolling Hills), Glenn Lane, Bonnie Lane
and additional appurtenances, Fayetteville, Arkansas.
I. NOW THEREFORE, if the Principal shall promptly make payment to
persons, firms, subcontractors and corporations furnishing
materials for or performing labor in the prosecution of the work
' provided for in such contract, and any authorized extension or
modification thereof, all amounts due for but not limited to
materials, lubricants, oil, gasoline, coal and coke, repair on
machinery, equipment and tools, consumed or used in connection with
' the construction of said work, fuel oil, camp equipment, food for
men, feed for animals, premiums for bonds and liability and
workmen's compensation insurance, rentals on machinery, equipment
' and draft animals; also for taxes or payments due to the State of
Arkansas or any political subdivision thereof which shall have
arisen on account of or in connection with the wages earned by
' workmen covered by the bond; and for all labor, performed in such
work whether by subcontractors or otherwise, then this obligation
shall be void, otherwise to remain in full force and effect.
The Surety agrees that the terms of this bond shall cover the
payment by the Principal of not less than the prevailing hourly
rate of wages as found by the Arkansas Department of Labor or as
determined by the court on appeal to all workmen performing work
under the contract.
PROVIDED, FURTHER, that the said Surety, for value received
hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the contract or to the work
to be performed thereunder or the specifications accompanying the
same shall in any wise affect its obligation on this bond, and it
does hereby waive notice of any such change, extension of time,
alteration or addition to the terms of the contract or to the work
1
or to the specifications.
PROVIDED, FURTHER, that no final settlement between the Owner
Sand the Contractor shall abridge the right of any beneficiary
hereunder, whose claim may be unsatisfied.
This bond is given in compliance with Act 351, Arkansas Acts
of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as
Arkansas Statutes (1957), Section 51-635, Cumulative Supplement.
' IN WITNESS WHEREOF, this instrument is executed in six (6)
counterparts, each one of which shall be deemed as original, this
the day of _______,19__
At est: Goodwin & Goodwin, Inc..
Principal (Principal) Secr tary By aJIJ
' (Sy1)9
3503 Free Ferry Rd., Ft. Smith, AR 72903
tWitn s as to Principal Address
Address
Attest:
' (Suret Si i ess
(Seal)
= witness s -to Surety
• P.O`Bor 550, Little Rock, AR 72203
%"Ad"dres's .
Duw • • - � •�Ili�°u .i •
P.O. Box 550, Little Rock, AR 72203
Address
NOTE: Date of bond must not be prior to date of contract.
' (1) Correct name of Contractor.
(2) A corporation, a partnership, or an individual, as the case may be.
(3) Correct name of Surety.
(4) Correct name of Owner.
(5) If Contractor is a partnership, all partners should execute bond.
(6) This bond must be filed with the Circuit Clerk of the county where the work
is to be performed prior to the start of construction.
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EMC Insurance Companies No. 331886
P,O. Box 712 • Des Moines, ;owa 50303
CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation
2. EMCASCO Insurance Company, an Iowa Corporation 6. American Liberty Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, a Rhode Island Company 7, The Hamilton Mutual Insurance Company, an Ohio Corporation
4. Illinois EMCASCO Insurance Company, an Illinois Corporation
hereinafter referred to severally as "Company" and collectively as'Companies", each does, by these presents, make, constitute and appoint:
KNIGHT CASHION, BENSON A. CASHION, MATTHEW KNIGHT CASHION, JR,, JUDY SCHOGGEN,--------------
WILLIAM R. PLEGGE, WILLIAM H. GRIFFIN, CYNTHIA L. WADLEY, INDIVIDUALLY, LITTLE ROCK, ARKANSAS
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a
similar nature as follows:
IN AN AMOUNT NOP EXCEEDING TEN MILLION DOLLARS -----------------------------($10,000,000.00)
and to bind each Company thereby. as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of
the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire-Apri1l,_1.999_ unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first
regularly scheduled meeting of each company duly called and herd in 1997:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attomey-in-fact at any time and revoke
the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them,
to execute and delver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and
other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed.
IN WITNESS WHEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
14th—dayof_,_Mav _,1991
Seals Bruce G. Kelley, C airman Donald L. Cough" wer
Sip INSUg4'., C•`,pN�f CO. Of•, ♦ ; `Ply �NSUy4.,, of Companies 2, 3, 4, 5 & 6; resident of Assistant Secretary
3�gP;Voavon,!'`cF i=yJT:anPoy';: o. °; o�.or,;y;m. of Company 1; Vice Chairman and
-=`�`` 1953^° CEO ofCompany7
SEAL- 1863 ;�
:z •, £a°; 9g'. ti i mac
K
On this 14i- y of _ AD 19 9 before me a
`o N5P opNCF.Co ♦ \QE `N Aq�'.'. �QSK.\\\„ �s ;, Notary Public in and for the tate of Iowa, personally appeared ruB ce G. Kelley and Donald
,.,ow,, , �, . � • ,R I o • L. Coughennower, who, being by me duly sworn, did say that they are, and are known to me
"` ' : s = o ` "` to be the Chairman, President, Vice Chairman and CEO, and/or Assistant Secretary,
SEAL i3 SEAL jE SEAL o ? respectively, of each of The Companies above; that the seals affixed to this instrument are
4 .y 2 0 c ; the seals of said corporations; that said instrument was signed and sealed on behalf of each
o>w�;;:`' of the Companies by authority of their respective Boards of Directors; and that the said
Bruce G. Kelley and Donald L. Coughennower, as such officers, acknowledge the execution
U7U of said instrument to be the voluntary act and deed of each of the Companies.
My Commission Expires December B, 1999.
"`����"' ___ � MY COMMISSION EXPIRES ii1Z�( ,at
December 8, 1999 Notary P is in and for the State of Iowa
CERTIFICATE
1, David L. Hixenbaugh, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the
Companies, and this Power of Attorney issued pursuant thereto on _ MaY 14, 1998
on behalf of Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Judy Schoggen,
are true and correct and are still in full force and effect. William R.x PlelqqCo, William H. Griffin, Cynthia L. Wadley
In Testimony Whereof I have subscribed my name and affixed the facsimile sea each mpany this _ ay ot19 __.:
Vice -President
I
Thi*s document has important legal consequences: consultation with an attorney is encouraged with
respect to its completion or modification.
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GENERAL CONDITIONS
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
Issued and Published Jointly By
%fl Ey` UENMEERS
socttrror
o A a
u !•
tout'
� ..
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated General Contractors of America
These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910.8 -A -I or
191O8 -A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and Contract Documents (No. 191O.9) (1986 Edition). For guidance in the preparation of Supplementary
Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When
bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used.
EJCDC No. 1910.8 (1990 Edition)
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph Page
Number & Title Number
I. DEFINITIONS ................................... 13
1.1 Addenda ............................. 13
I.2 Agreement ........................... 13
1.3
Application for Payment ..............
1.4
1.5
1.6
Asbestos .............................
Bid ...................................
Bidding Documents ...................
1.7
Bidding Requirements ................
1.8
1.9
Bonds ................................
Change Order ........................
1.10
Contract Documents ..................
I.II
Contract Price ........................
1.12
I.13
Contract Times .......................
CONTRACTOR ......................
1.14
defective .............................
1.15
1.16
Drawings .............................
Effective Date of the Agreement ......
1.17
ENGINEER ............
1.18
ENGINEER's Consultant .............
1.19
Field Order ...........................
1.20
1.21
1.22
General Requirements ................
Hazardous Waste .....................
Laws and Regulations; Laws or
1.23
1.24
1.25
1.26
Regulations ....:........... ........
Liens .................................
Milestone .............................
Notice of Award . .....................
Notice to Proceed ....................
1.27
1.28
1.29
1.30
1.31
1.32
1.33
OWNER .............................
Partial Utilization .....................
PCBs.......6...6.....................
Petroleum ............................
Project ...............................
Radioactive Material ..................
Resident Project Representative .......
1.34
1.35
Samples ..............................
Shop Drawings .......................
1.36
1.37
Specifications 6 ........................
Subcontractor ........................
1.38
1.39
1.40
1.41
1.42
1.43
1.44
1.45
Substantial Completion ...............
SupplementaryConditions ............
Supplier ..............................
Underground Facilities ..............0.
Unit Price Work ......................
Work .................................
Work Change Directive ...............
Written Amendment ..................
2. PRELIMINARY MATTERS ......................
2.I Delivery of Bonds ....................
2.2 Copies of Documents .................
2.3 Commencement of Contract Times;
Notice to Proceed ..................
2.4 Starting the Work .....................
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
14
14
14
14
14
14
14
14
14
14
14
14
14
I4
14
14
14
14
14
14
14
14
14
15
15
15
15
15
I5
15
15
Article or Paragraph
Number & Title
2.5-2.7 Before Starting Construction:
CONTRACTOR's Responsibility to
Report: Preliminary Schedules;
Delivery of Certificates of
1 surance
n................4....6....
2.8 Reconstruction Conference ...........
2.9 Initially Acceptable Schedules .........
3. CONTRACT DOCUMENTS: INTENT.
Page
Number
AMENDING. REUSE ............................
3.1-3.2 Intent ................................
3.3 Reference to Standards and
Specifications of Technical Societies:
Reporting and Resolving
Discrepancies
3.4 Intent of Certain Terms or Adjectives ..
3.5 Amending Contract Documents .......
3.6 Supplementing Contract Documents ...
3.7 Reuse of Documents ..................
15
15
16
16
16
16
17
17
17
17
4. AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSICAL CONDITIONS; REFERENCE POINTS .
17
4.1
Availability of Lands ..................
17
4.2
Subsurface and Physical Conditions ...
17
4.2.1
Reports and Drawings ................
17
4.2.2
Limited Reliance by CONTRACTOR
Authorized; Technical Data .........
18
4.2.3
Notice of Differing Subsurface or
Physical Conditions .................
IS
4.2.4
ENGINEER's Review ................
18
4.2.5
Possible Contract Documents Change .
18
4.2.6
Possible Price and Times Adjustments .
18
4.3
Physical Conditions —Underground
Facilities ...........................
18
4.3.1
Shown or Indicated ...................
18
4.3.2
Not Shown or Indicated ..............
19
4.4
Reference Points ......................
19
4.5
Asbestos. PCBs, Petroleum, Hazardous
Waste or Radioactive Material ......
19
5. BONDS
AND INSURANCE .....................
20
5.1-5.2
Performance. Payment and Other Bonds .
20
5.3
Licensed Sureties and Insurers;
Certificates of Insurance ............
20
5.4
CONTRACIOR's Liability Insurance
20
5.5
OWNER's Liability Insurance .......•
21
5.6
Property Insurance ...................
21
5.7
Boiler and Machinery or Additional
Property Insurance .................
21
5.8
Notice of Cancellation Provisions
21
5.9
.....
CONTRACIOR's Responsibility for
Deductible Amounts ................
22
5.10
Other Special Insurance ...............
22
5.11
Waiver of Rights ......................
22
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Article or Paragraph Page
Number & lisle Number
5.12-5.13 Receipt and Application of Insurance
Proceeds ...................I....... 22
5.14 Acceptance of Bonds and Insurance;
Option to Replace ................. 22
5.15 Partial Utilisation —Property
Insurance .......... r.......:. 23
6. CONTRACTOR'S RESPONSIBILITIES
6.1-6.2
..........
Supervision and Superintendence ......
6.3-6.5
Labor, Materials and Equipment
6.6
......
Progress Schedule
6.7
....................
Substitutes and "Or -Equal" Items;
CONTRACTOR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation
6.8-6.11
.. ..
Concerning Subcontractors, Suppliers
and Others; Waiver of Rights ......
6.12
Patent Fees and Royalties .............
6.13
Permits
6.14
...............................
Laws and Regulations ................
6.15
Taxes
6.16
.... ...... .....................
Use of Premises
6.17
......................
Site Cleanliness
6.18
.......................
Safe Structural Loading
6.19
...............
Record Documents
6.20
...................
Safety and Protection .................
6.21
Safety Representative .................
6.22
Hazard' Communication Programs
6.23
.....
Emergencies ..........................
6.24
Shop Drawings and Samples ..........
6.25
Submittal Procedures;
CONTRACTOR'S Review Prior to
Shop Drawing or Sample Submittal
6.26
Shop Drawing & Sample Submittals
Review by ENGINEER ............
6.27
Responsibility for Variation From
Contract Documents
6.28
............... .
Related Work Performed Prior to•
ENGINEER's Review and Approval
of Required Submittals
6.29
.............
Continuing the Work ..................
6.30
CONTRACTOR'S General
Warranty and Guarantee
6.31-6.33
............
Indemnification
6.34
...................... .
Survival of Obligations ............ .
. . .
7. OTHER
WORK
7.1-7.3
.......................
Related Work at Site
7.4
..................
Coordination
8. OWNER'S RESPONSIBILITIES .................
8.1 Communications to Contractor ........
8.2 Replacement of ENGINEER ..........
8.3 Furnish Data and Pay Promptly When
Due................................
8.4 Lands and Easements; Reports and
Tests...............................
8.5 Insurance .............................
23
23
23
23
24
25
25
25
25
26
26
26
26
26
26
27
27
27
27
r-,
T
N
Ankle or Number & Tale
eemph Page
ba
Number
8.6
Change Orders .................... 29
8.7 Inspections, Tests and Approvals ...... 29
8.8
Stop or Suspend Work; Terminate
CONTRACTOR'S Services
8.9
........
Limitations on OWNER'S
Responsibilities ...............
8.10 .
.
Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material
8.11
......
Evidence of Financial Arrangements ..
9. ENGINEER'S STATUS DURING
CONSTRUCTION
9.1
...............................
OWNER's Representative .....0......
9.2
Visits to Site
9.3
..........................
Project Representative ................
9.4
Clarifications and Interpretations ..... .
9.5
Authorized Variations in Work
9.6
........
Rejecting Defective Work .. ...........
9.7-9.9
Shop Drawings, Change Orders and
9.10
Determinations for Unit Prices
9.11-9.12
........
Decisions on Disputes; ENGINEER as
Initial Interpreter ...................
9.13
Limitations on ENGINEER's
Authority and Responsibilities
......
10. CHANGES IN THE WORK.._ _ . _ _ _ _
10.I
OWNER Ordered Change ............
10.2
ClaimAdjustment .................
10.3
Work Not Required by Contract
Documents
10.4
.........................
Change Orders
10.5
Notification of Surety .................
11. CHANGE OF CONTRACT PRICE
11.1-11.3
............. .
Contract Price; Claim for Adjustment;
Value of the Work
11.4
..................
Cost of the Work
11.5
......... ....
Exclusions to Cost of the Work
11.6
......
CONTRACTOR's Fee
11.7
................
Cost Records
11.8
.........................
Cash Allowances
11.9
.....................
Unit Price Work
......................
12. CHANGE OF CONTRACT TIMES
12.1
..............
Claim for Adjustment .................
12.2
Time of the Essence
12.3
..................
Delays Beyond CONTRACTOR's
Control
12.4
............................
Delays Beyond OWNER's and
CONTRACTOR'S Control
......
13. TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK..........................................
13.1 Notice of Defects .....................
13.2 Access to the Work ...................
13.3 Tests and Inspections; Contractor's
Cooperation ........................
29 '
30
30 '
30 '
30
30 '
30
30 '31
31
31 '
31
32 '
32
32 '32
32
32
32
33
34
34
34
35
35
35
35
35
35
35
36
36
36
36
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Number & Title Number
13.4
OWNER's Responsibilities;
Independent Testing Laboratory ....
13.5
CONTRACIOR's Responsibilities .....
13.6-13.7
CoveringWork Prior to Inspection.
Testing or Approval ................
13.8.13.9
Uncovering Work at ENGINEER's
Request ............................
13.10.
OWNER May Stop the Work .........
13.11
Correction or Removal of Defective
Work...............................
13.12
Correction Period .....................
13.13
Acceptance of Defective Work ........
13.14
OWNER May Correct Defective
Work...............................
14. PAYMENTS TO CONTRACTOR AND
COMPLETION ................................
14.I Schedule of Values ....................
14.2 Application for Progress Payment .....
14.3 CONTRACTOR's Warranty of Title ...
14.414.7 Review of Applications for
Progress Payments .................
14.8-14.9 Substantial Completion ...............
14.10 Partial Utilization .....................
14.11 Final Inspection ......................
36
36
36
36
36
37
37
37
37
37
38
38
38
39
39
39
Article or Paragraph Page
Number & Title Number
14.12 Final Application for Payment ......... 40
14.13-14.14 Final Payment and Acceptance ........ 40
14.15 Waiver of Claims ..................... 40
15. SUSPENSION OF WORK AND
TERMINATION ................................
15.1 OWNER May Suspend Work .........
15.2-15.4 OWNER May Terminate ..............
15.5 CONTRACTOR May Stop Work or
Terminate ..........................
16. DISPUTE RESOLUTION .......................
17. MISCELLANEOUS .............................
17.1 Giving Notice ........................
17.2 Computation of Times ................
17.3 Notice of Claim .......................
17.4 Cumulative Remedies .................
17.5 Professional Fees and Court Costs
Included ...........................
EXHIBIT GC -A (Optional):
Dispute Resolution Agreement (Optional) ..... GC -Al
16.1-16.6 Arbitration .................... GC -AI
16.7 Mediation ..................... GC -A2
41
41
42
42
42
42
42
42
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INDEX TO GENERAL CONDITIONS
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Article or Paragraph
Number
Acceptance of —
Bonds and Insurance ............ ............ 5.14
defective Work ....................... 10.4.1, 13.13, 13.15
final payment ................................. 9.12, 14.15
insurance........................................... 5.14
other Work, by CONTRACTOR ...................... 7.3
Substitutes and "Or -Equal" Items .................. 6.7.1
Work by OWNER ........................ 2.5, 6.30, 6.34
Access to the —
Lands, OWNER and CONTRACTOR
responsibilities ..............6.................6....4.1
site, related work...................7.2
............................... 13.2, 13.14, 14.9
Acts or Omissions—, Acts and Omissions —
CONTRACTOR .......:........... 6 ........ 6.9.1, 9.13.3
ENGINEER ................................. 6.20.9.13.3
OWNER....................................... 6.20, 8.9
Addenda —definition of (also see
definition of.Specifications) ........... (1.6, 1.10, 6.19) 1.1
Additional Property insurances ......................... 5.7
Adjustments ,
Contract Price or Contract
Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3.9.4, 9.5,
10.2-10.4, I1, 12, 14.8, 15.1
Progress schedule....................................6.6
Agreement —
definition of ............... .. 1.2
All risk Insurance, policy form ..........................5.6.2
5.6.2
Allowances, Cash ................................. 11.8
Amending Contract Documents ......................... 3.5
Amendment, Written —
in general .... 1.10, 1.45, 3.5, 5.10, 5.12. 6.6.2, 6.8.2, 6.19,
10.1, 10.4,11.2, 12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to ...................... 9.10, 9.11. 10.4, 16.2, 16.5
Application for Payment —
definition of..........................................1.3
ENGINEER's Responsibility ......................... 9.9
final payment ..................9.13.4. 9.13.5, 14.12-14.15
in general ....................... 2.8.2.9.5.6.4. 9.10, 15.5
Progress payment ..............................14.1, 14.7
review of ............. ....... 14.414.7
..................
Arbitration (Optional) ............................. 16.1-16.6
Asbestos —
claims pursuant thereto ....................... 4.5.2, 4.5.3
CONTRACTOR authorized to stop Work ........... 4.5.2
definition of..........................................1.4
OWNER responsibility for .................... 4.5.1, 8.10
Possible price and times change ............... .. 4.5.2
Authorized Variations in Work ........... 3.6. 6.25, 6.27, 9.5
Availability of Lands ............................... 4.1, 8.4
Award, Notice of-4efined ............................ 1.25
Before Starting Construction ........................2.5-2.8
Bid —definition of ...................................... 1.5
(1.1, 1.10,2.3,3.3,4.2.6.4,6.13, 11.4.3. 11.9.1)
• Article or Paragraph
Number
Bidding Documents--defmtion of ............... 1.6 (6.8.2)
Bidding Requirements —definitions of ...... 1.7 (1.1, 4.2.6.2)
Bonds —
acceptance of ..............:........................ 5.14
additional bonds ........................... 105, 11.4.5.9
Cost of the Work .................................. 11.5.4
definition of .......................................... I.8
delivery of ...................................... 2.1, 5.1
final application for payment ................. 14.12-14.14
general ...............1.10, 5.1-5.3, 5.13, 9.13,105, 14.7.6
performance, Payment and Other ................. 5.1-5.2
Bonds and Insurance --in general .........................5
Builder's risk "all risk" policy form ................... 5.6.2
Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15
Cash Allowances ...................................... 11.8
Certificate of Substantial Completion ......... 1.38, 6.30.2.3,
14.8, 14.10
Certificates of Inspection ............ .. 9.13.4, 135, 14.12
Certificates of Insurance .. 2.7, 5.3, 5.4J1.5.4.13,5.6.5 5.6.5, 5.8,
....................................... 5.14, 9.13.4, 14.12
Change in Contract Price —
Cash Allowances ................................... 11.8
claim for price adjustment ..... 4.I, 4.2.6, 4.5, 5.15, 6.8.2,
9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9,
13.13, 13.14, 15.1, 15.5
CONTRACTOR's fee ....:.......................... 11.6
Cost of the Work
general ...................................... II.4I1.7
Exclusions to ....................................... 11.5
Cost Records ....................................... 11.7
in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11
Lump Sum Pricing ................................ II.3.2
Notification of Surety ............................... 10.5
Scopeof ....................................... 10.3-10.4
Testing and Inspection. Uncovering the Work ........ 13.9
Unit Price Work .................................... 11.9
Value of Work ...................................... 11.3
Change in Contract Times —
Claim for times adjustment .... 4.1.4.2.6, 4.5, 5.15,6.8.2,
9.4,9.5,9.11,10.2,10.5,12.1,13.9,13.13,
13.14, 14.7, 15.1, 15.5
Contractual time limits .............................. 12.2
Delays beyond CONTRACTOR's control ............ 12.3
Delays beyond OWNER's and CONTRACIOR's con-
trol............................................... 12.4
Notification of surety ...............................
Scope of change................................10.3.10.4
Change Orders —
Acceptance of Defective Work ..................... 13.13
Amending Contract Documents ...................... 3.5
Cash Allowances ................................ 11.8
Change of Contract Price ............................. I I
Change of Contract Times .......................... 12
Changes in the Work .................................. 10
CONTRACIOit's fee ............................... 11.6
Cost of the Work ............................... 11.4-11.7
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Article or Paragraph
Number
Cost Records .......................................
11.7
definition of ..................................`........
1.9
emergencies ........................................
6.23
ENGINEER's responsibility ......... 9.8,
10.4, I I. 12.1
execution of ........................................
10.4
Indemnification ..................... 6.12.
6.16. 6.31. 6.33
Insurance. Bonds and ...................
5.10. 5.13. 10.5
OWNER may terminate ........................
15.2-15.4
OWNER's Responsibility .......................
8.6. 10.4
Physical Conditions —
Subsurface and......................................4.2
Underground Facilities ...........................
4.3.2
Record Documents.................................6.19
Scope of Change ...............................
10.3-10.4
Substitutes ...................................
6.7.3. 6.8.2
Unit Price Work ....................................
11.9
value of Work. covered by ..........................
11.3
Changes in the Work ....................................
10
Notification of surety ...............................
10.5
OWNER's and CONTRACTOR's responsibilities .... 10.4
Right to an adjustment ..............................
10.2
Scope of change ...............................
10.3-10.4
Claims —
against CONTRACTOR .............................6.16
against ENGINEER ................................
6.32
against OWNER....................................6.32
Change of Contract Price .......................9.4
11.2
Change of Contract Times ..:..................
.. 9.4, 12.1
CONTRACTOR's 4. 7.1. 9.4. 9.5. 9.11.
10.2. 11.2. 11.9.
12.1. 14.8.
15.1..15.5. 17.3
CONTRACTOR's Fee ...............................
11.6
CONTRACTOR's liability ............ 5.4.
6.12. 6.16. 6.31
Cost of the Work ..............................
11.4. 11.5
Decisions on Disputes .........................
9.11. 9.12
Dispute Resolution..................................16.1
Dispute Resolution Agreement ..................16.1-16.6
ENGINEER as initial interpretor ....................
9.11
Lump Sum Pricing................................11.3.2
Notice of...........................................17.3
OWNER's ........... 9.4. 9.5. 9.11. 10.2,
11.2. I I.9. 12.1.
13.9. 13.13. 13.14, 17.3
OWNER's liability...................................5.5
OWNER may refuse to make payment ..............
14.7
Professional Fees and Court Costs Included
.......... 17.5
request for formal decision on .......................
9.11
Substitute items ..............................
4... 6.7.1.2
Time Extension.....................................12.1
Time requirements ............................
9.11, 12.1
Unit Price Work ..................................
11.9.3
Value of ............................................
11.3
Waiver of —on Final Payment ................
14.14. 14.15
Work Change Directive .............................
10.2
written notice required ...................
9.1 I. 11.2. 12.1
Clarifications and Interpretations ............
3.6.3. 9.4. 9.11
Clean Site............................................6.17
Codes of Technical Society. Organization or
Association......................................3.3.3
Commencement of Contract Times .....................
2.3
Communications —
Article or Paragraph
Number
general .................................... 6.2.
Hazard Communication Programs ...................
6.9.2. 8.1
6.22
Completion —
Final Application for Payment ......................
14.12
Final Inspection ................................... 14.11
Final Payment and Acceptance ............... 14.13-14.14
Partial Utilization .................................. 14.10
Substantial Completion ...................1.38.
14.8-14.9
Waiver of Claims..................................14.15
Computation of Times ............. A .......... 17.2.1-17.2.2
Concerning Subcontractors,
Suppliers and Others .............................
6.8.6.11
Conferences —
initially acceptable schedules .........................
preconstruction......................................2.8
2.9
Conflict. Error. Ambiguity. Discrepancy—
CONTRACIOR to Report .....................
Construction, before starting by CONTRACTOR ....
2.5. 3.3.2
2.5-2.7
Construction Machinery. Equipment, etc . ...............
6.4
Continuing the Work .............................
6.29. 10.4
Contract Documents —
Amending...........................................
Bonds................... ............ ...A............
Cash Allowances ...... ............A...............
3.5
5.1
. 11.8
Change of Contract Price ............................. II
Change of Contract Times ............................ 12
Changes in the Work ........................... 10.4-10.5
check and verify .............. ...:................... 2.5
Clarifications and Interpretations ... ... . 3'2 3 6, 9.4, 9.11
definition of ..................... .............1.10
ENGINEER as initial interpreter of .................
9.11
ENGINEER as OWNER's representative ............
9.1
general................................................
Insurance ............................................
Intent ............................................
minor variations in the Work .........................
OWNER's responsibility to furnish data ..............
3
5.3
3.1-3.4
3.6
8.3
OWNER's responsibility to make
prompt payment ....................... 83, 14.4,
precedence....................................
Record Documents .................................
Reference to Standards and Specifications
14.13
3.1. 3.3.3
6.19
of Technical Societies .............................. 3.3
Related Work ........................................ 7.2
Reporting and Resolving Discrepancies ...........2.5.3.3
Reuseof.............................................3.7
Supplementing....................................... 3.6
Termination of ENGINEER's Employment ........... 8.2
Unit Price Work ....................................
variations ................................. 3.6.
Visits to Site, ENGINEER's .........................
11.9
6.23. 6.27
9.2
Contract Price —
adjustment of ................ 3.5.4.1, 9.4, 10.3.
11.2-11.3
Changeof............................................II
Decision on Disputes ...............................9.11
definition of ........................................
1.11
Contract Times —
adjustment of ...................... 3.5, 4.1, 9.4,
Changeof......................................12.1-12.4
10.3. 12
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Article or Paragraph
Number
Commencement of... ._.. .. .. ....
2.3
........ ..
definition of
...... ....
.. ... .... ......:....... .... ........
CONTRACTOR —
.... .. 1.12
Acceptance ofInsurance ............................
5.14
Limited Reliance on Technical Data Authorized ..... 4.2.2
Communications ...............................
6.2, 6.9.2
Continue Work ...............................
6.29, 10.4
coordination and scheduling .........................
6.9.2
definition of
.... .......... .....:....... ....
May Stop Work or Terminate .......................
...... ... 1.13
15.5
provide site access to others .................... 7.2, 13.2
Safety and Protection .......4.3.2.2, 6.16, 6.18,6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review Prior to Submittal . 6.25
Stop Work requirements ...........................
4.5.2
CONTRACTOR's—
Compensation..................................
11.1-11.2
Continuing Obligation ..............................
14.15
Defective Work ..........................9.6, 13.10-13.14
Duty to correct defective Work ...........13.11
Duty to Report —
Changes in the Work caused by
Emergency .......................................
6.23
Defects in Work of Others ........................
7.3
Differing conditions ..............................
4.2.3
Discrepancy in Documents ........... 2.5,
3.3.2, 6.14.2
Underground Facilities not indicated ..............
4.3.2
Emergencies ........................................
6.23
Equipment and Machinery Rental, Cost
of the Work ...................................
11.4.5.3
Fee —Cost -Plus ..................... 11.4.5.6,
11.5.1, 11.6
General Warranty and Guarantee ....................
6.30 -
Hazard Communication Programs ...................
6.22
Indemnification ........ .... 6.12,6.16.6.31-6.33
Inspection of the Work .........................
7.3, 13.4,
Labor, Materials and Equipment ..................
6.3-6.5
Laws and Regulations; Complianceby .............
6.14.1
Liability Insurance...................................5.4
Notice of Intent to Appeal .....................
9.10, 10.4
obligation to perform and complete the Work ........
6.30
Patent Fees and Royalties, paid for by ...............
6.12
Performanceand Other Bonds ........................
5.1
Permits. obtained and paid for by ....................
6.13
Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29,
10.4, 15.2.1
Request for formal decision on disputes .............
9.11
Responsibilities— -
Changes in the Work ...............................
10.1
Concerning Subcontractors, Suppliers and Others . 6.8-
6.11
Continuing the Work ........................
6.29, 10.4
CONTRACTOR's expense .......................
6.7.1
CONTRACTOR's General Warranty and
Guaran-
tee...............................................630
CONTRACTOR'sreviewpriortoShopDrawingor Sam-
piesubmittal.......4.............................
6.25
Coordination of Work ..............................
6.9.2
Emergencies.....................................6.23
ENGINEER's evaluation, Substitutes
or "Or -Equal" Items
6.7.3
..........................
Article or Paragraph
Number
For Acts and Omissions of Others .....6.9.1-6.9.2. 9.13
fordeductible amounts, insurance ..................
5.9
general ................................. 6, 7.2,
7.3, 8.9
Hazardous Communication Programs
6.22
.............
Indemnification ..............................
6.31-6.33
Labor, Materials and Equipment ................6.3-6.5
Laws and Regulations ............................
6.14
Liability Insurance .................................
5.4
Notice of variation from Contract Documents
..... 6.27
Patent Fees and Royalties .........................
6.12
Permits...........................................
6.13
Progress Schedule .................................
6.6
Record Documents ...............................
6.19
related Work performed prior to ENGINEER's
' approval of required submittals .................
6.28
safe structural loading ............................
6.18
Safety and Protection ................... 6.20, 7.2. 13.2
Safety Representative .............................
6.21
Scheduling the Work .............................
6.9.2
Shop Drawings and Samples ......................
6.24
Shop Drawings and Samples Review
by ENGINEER ................................
6.26
Site Cleanliness............................6.
Submittal Procedures .........................:...
6.25
Substitute Construction Methods and
Procedures....................................6.7.2
Substitutes and "Or -Equal" Items ................6.7.1
Superintendence ...................................
6.2
Supervision.........................................6.1
Survival of Obligations ............................6.34
..............
Taxes.........................
6.15
• Tests and ens ............. pections .............................
....
13.5
To Report ..
....................... 2.5
Use of Premises .................... 6.16-6.18, 6.30.2.4
Review Prior to Shop Drawing or Sample Submittal .. 6.25
Right to adjustment for changes in the Work .........
10.2
right to claim .. 4, 7.1,9.4, 9.5. 9.11, 10.2, 11.2, 11.9.12.1,
13.9, 14.8, 15.1,
15.5, 17.3
Safety and Protection ................. 6.20-6.22,
7.2, 13.2
Safety Representative ...............................6.21
Shop Drawings and Samples Submittals .........
6.24-6.28
Special Consultants .................. ......
11.4.4
Substitute Construction Methods and Procedures
.....6.7
Substitutes and "Or -Equal" Items, Expense .. 6.7.1,
6.7.2
Subcontractors, Suppliers and Others ............
6.8-6.11
Supervision and Superintendence ........... 6.1,
6.2, 6.21
Taxes. Payment by..................................6.15
Use of Premises ................................
6.16-6.18
Warranties and guarantees ........ ..............
6.30, 6.5
Warranty of Title .................... ..............
. 14.3
Written Notice Required —
CONTRACTOR stop Work or terminate ...........
15.5
Reports of Differing Subsurface and Physical
Condi.
tions.............................................4.2.3
Substantial Completion ............................14.8
CONTRACTORS —other .................................
7
Contractual Liability Insurance ......................
5.4.10
Contractual Time Limits ..............................
12.2
Coordination
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CONTRAC'PDR's responsibility .................... 6.9.2
Copies of Documents..................................2.2
Correction Period ....................................
13.12
Correction. Removal or Acceptance of
Defective Work
in general ............................. 10.4.1.
13.10-13.14
Acceptance of Defective Work .....................
13.13
Correction or Removal of Defective Work .....
6.30, 13.11
Correction Period..................................13.12
OWNER May Correct Defective Work .............
13.14
OWNER May Stop Work ..........................
13.10
Cost —
of Tests and Inspections .............................
13.4
Records ............................................
11.7
Cost of the Work —
Bonds and insurance, additional .................
11.4.5.9
Cash Discounts ...................................
11.4.2
CONTRACTOR's Fee ..............................
11.6
Employee Expenses .............................
11.4.5.1
Exclusions to .......................................
11.5
General ........................................
11.4-11.5
Home office and overhead expenses .................
11.5
Losses and damages .............................
11.4.5.6
Materials and equipment ..........................
11.4.2
Minor expenses.................................11.4.5.8
Payroll costs on changes ..........................I
I.4.1
performed by Subcontractors ......................
11.4.3
Records .....................:......................
11.7
Rentals of construction equipment and machinery.
11.4.5.3
Royalty payments, permits and license fees
...... 11.4.5.5
Site office and temporary facilities ...............
11.4.5.2
Special Consultants. CONTRACTOR's ............
11.4.4
Supplemental.....................................11.4.5
Taxes related to the Work .......................
11.4.5.4
Tests and Inspection................................13.4
Trade Discounts..................................11.4.2
Utilities, fuel and sanitary facilities ...............
11.4.5.7
Work after regular hours ..........................
11.4.1
Covering Work...................................13.6.13.7
Cumulative Remedies ............................17.4-17.5
Cutting, fitting and patching ............................
7.2
Data, to be furnished by OWNER ......................
8.3
Day —definition of...................................17.2.2
Decisions on Disputes ...........................
9.11, 9.12
defective -definition of ................................
1.14
defective Work —
Acceptance of ..............................
10.4.1. 13.13
Correction or Removal of ...................
10.4.1. 13.11
Correction Period..................................13.12
in general.........13.
14.7, 14.11
Observation by ENGINEER .........................
9.2
OWNER May Stop Work ..........................
13.10
Prompt Notice of Defects ...........................
13.1
Rejecting............................................
9.6
Uncovering the Work ...............................
13.8
Definitions...............................................1
Delays.................................4.1.
6.29. 12.3-12.4
Delivery of Bonds......................................2.1
Deliveryof certificates of insurance .....................
2.7
Article or Paragraph
Number
Determinations for Unit Prices ........................
9.10
Differing Subsurface or
Physical Conditions
Notice of ..........................................
4.2.3
ENGINEER's Review .............................
4.2.4
Possible Contract Documents Change ...............
4.2.5
Possible Price and Times Adjustments ..............
4.2.6
Discrepancies -Reporting and Resolving ....
2.5. 3.3.2. 6.14.2
Dispute Resolution—.
Agreement...........16.1I6.6
Arbitration......................16.1-16.5
general...............................................16
Mediation..........................................16.6
Dispute Resolution Agreement ....................
16.1-16.6
Disputes, Decisions by ENGINEER ..............
9.11-9.12
Documents —
Copiesof ............................................
2.2
Record.............................................6.19
Reuse of.............................................3.7
Drawings —definition of ...............................
I . I5
Easements .............................................
4.1
Effective date of Agreement —definition of .............
1.16
Emergencies ..........................................
6.23
ENGINEER —
as initial interpreter on disputes .................9.11-9.12
definition of........................................1.17
Limitations on authority and
responsibilities .................................
9.13
Replacement of ......................................
8.2
Resident Project Representative ......................
9.3
ENGINEER's Consultant —definition of ...............
1.18
ENGINEER's—
authority and responsibility, limitations on
........... 9.13
Authorized Variations in the Work ....................
9.5
Change Orders. responsibility for ..........
9.7, 10. 11, 12
Clarifications and Interpretations ...............
3.6.3.9.4
Decisions on Disputes ..........................9.11-9.12
defective Work, notice of ...........................
13.1
Evaluation of Substitute Items ......................
Liability.......................................6.32.9.12
Notice Work is Acceptable .........................
14.13
Observations......6.30.2.
9.2
OWNER's Representative ...........................
9.1
Payments to the CONTRACIOR.
Responsibility for ..............................
9.9, 14
Recommendation of Payment .................
14.4. 14.13
Responsibilities —
Limitations on ...............................
9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions ..........................
4.2.4
Shop Drawings and Samples, review
responsibility .....................................
6.26
Status During Construction —
authorized variations in the Work ..................9.5
Clarifications and Interpretations ...................
9.4
Decisions on Disputes ........................
9.11-9.12
Determinations on Unit Price .....................
9.10
ENGINEER as Initial Interpreter .............
9.11-9.12
ENGINEER's Responsibilities ................
9.1-9.12
I
Article or Paragraph
Number
Limitations on ENGINEER's Authority and
Responsibilities ...................................
9.13
OWNER's Representative .........................
9.1
Project Representative ..............................
9.3
Rejecting Defective Work ..........................
9.6
Shop Drawings, Change Orders and
Payments ....................................
9.7.9.9
Visits to Site
......................................
Unit Price Determinations
9.2
...........................
Visits to Site
9.10
.........................................
Written
9.2
consent required .........................
7.2, 9.1
Equipment, Labor, Materials and ...................
6.3-66.5
Equipment rental, Cost of the Work ................
11.4.5.3
Equivalent Materials and Equipment ....................
6.7
Errors or omissions
...................................
Evidence of Financial Arrangements
6.33
...................
Explorations of physical conditions ...................
8.11
42.1
Fee, CONTRACTOR'S--Costs-Plus ...................
11.6
Field Order —
definition of ........................................
1.19
issued by ENGINEER .........................
3.6.1, 9.5
Final Application for Payment ........................
14.12
Final Inspection
......................................
Final Payment —
14.11
and Acceptance ..............................
14.13.14.14
Prior to, for cash allowances
.........................
General Provisions
I I.8
...............................
17.3-17.4
General Requirements-
defintion of .........................................
1.20
principal references to • ............. 2.6, 6.4, 6.66.7,
6.24
Giving Notice
................ ...... .................
Guarantee of Work —by
.. 17.1
CONTRACTOR .......... ....................
6.30, 14.12
Hazard Communication Programs .....................
6.22
Hazardous Waste —
definition of........................................2.21
general..............................................45
OWNER's responsibility for ........................
8.10
Indemnification ................... 6.12, 6.16, 6.31-6.33
...
Initially Acceptable Schedules ..........................
2.9
Inspection —
Certificates of ......................... 9.13.4,
13.5, 14.12
Final..............................................
Special, required by ENGINEER ..........
14.11
9.6
..
Tests and Approval ........................ 8.7, 13.3-13.4
Insurance —
Acceptance of, by OWNER .........................
5.14
Additional, required by changes
in the Work.................................11.4.59
Before starting the Work .............................2.7
Bonds and —in general .................................
5
Cancellation Provisions
5.8
..
Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5,
...
5.8, 5.14,
9.13.4, 14.12
completed operations ..............................
5.4.13
CONTRACT0R's Liability ...........................
5.4
CONTRACT0R's objection to coverage .............
5.14
Contractual Liability
..............................
5.4.10
8.
Article or Paragraph
Number
deductible amounts, CONTRACT0R's
responsibility ....................................
5.9
Final Application for Payment
......................
14.12
Licensed Insurers ...................._..........
5.3
.....
Notice
requirements, material
ages ..................................
5:8, 10.50
Option to Replace ..................................
5.14
other special insurances .............................
5.10
OWNER as fiduciaryfor insureds ..............
5.12-5.13
OWNER's Liability
..................................
OWNER's Responsibility
5.5
.............................
8.5
Partial Utilization, Property insurance .........•......5.I5
Property........................................
5.6.5.10
Receipt and Application of Insurance Proceeds .. 5.12-5.13
Special Insurance ...................................
5.10
Waiver of Rights .............
5.11
Intent of Contract Documents
...
.......................
3.1-3.4
Interpretations and Clarifications
.................
3.6.3, 9.4
Investigations of physical conditions
....................
Labor, Materials and Equipment
4.2
....................
6.3-6.5
Lands —
and Easements ............... ..................:....
8.4
Availability of ...................................
4.1, 8.4
Reports & Tests
..................... a................
Laws and Regulations —Laws or Regulations —
8.4
Bonds...........................................
5.1-5.2
Changes in the Work
..............................
J
10.4
Contract Documents ............ .....................
CONTRACTOR's Responsibilities
3.1
...................
6.14
Correction Period, defective Work
13
Cost of the Work, taxes
.........................
11.4.5.4
definition of ........................................
1.22
general.............................................
6.14
Indemnification ................................
6.31.6.33
Insurance............................................
5.3
Precedence ....................................
3.1, 3.3.3
Reference to .......... ......... .....
3.3.1
.........
Safety and Protection
..........................
6.20. 13.2
Subcontractors, Suppliers and Others ............
6.&6.11
Tests and Inspections
...............................
Use of Premises
13.5
....................................
Visits to Site
6.16
.........................................
Liability Insurance—
9.2
CONTRACTOR's
....................................
OWNER's
5.4
........................................
Licensed Sureties and Insurers
5.5
.........................
Liens —
5.3
Application
Contractor's Warranty of Title
.......................
Final Application for Payment
14.3
......................
14.12
definition'of
........................................
Waiver of Claims
1.23
...............
14.15
Limitations on ENGINEER's authority and
responsibilities .....................................
9.13
Limited Reliance by CONTRACTOR Authorized
...... 4.2.2
Maintenance and Operating Manuals—
Final Application for Payment ......................
„
14.12
Manuals (of others) —
Precedence
.......................................
3.3.3.1
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Article or Paragraph
Number
Reference to in Contract Documents
................ 3.3.1
Materials and equipment —
furnished by CONTRACTOR ........................
6.3
not incorporated in Work ............................
14.2
Materials or equipment —equivalent .....................
6.7
Mediation (Optional) ..................................
16.7
Milestones —definition of ..............................
I.24
Miscellaneous—
Computation of Times ..............................
17.2
Cumulative Remedies ...............................
17.4
Giving Notice .......................................
17.1
Notice of Claim .....................................
17.3
Professional Fees and Court Costs Included .......... 17.5
Multi -prime contracts ....................................
7
Not Shown or Indicated ..............................
4.3.2
Notice of —
Acceptability of Project ............................
14.13
Award, definition of .................................
1.25
Claim..............................................
17.3
Defects .............................................
13.1
Differing Subsurface or Physical Conditions ..........4.2.3
Giving..............................................
17.1
Tests and Inspections ...............................
13.3
Variation. Shop Drawing and Sample
................ 6.27
Notice to Proceed —
definition of ........................................
1.26
givingof ...................................*.........
2.3
Notification to Surety .........:..................
.. 10.5
Observations, by ENGINEER
6.30, 9.2
Occupancy of the Work ................
5.15, 6.30.2.4, 14.10
Omissions or acts by CONTRACTOR
............. 6.9, 9.13
"Open peril" policy form. Insurance ...................5.6.2
Option to Replace .....................................5.14
.•Or Equal" Items......................................6.7
Otherwork ..............................................
7
Overtime Work —prohibition of .........................
6.3
OWNER —
Acceptance of defective Work ......................
13.13
appoint an ENGINEER ..............................
8.2
as fiduciary ....................................5.12.5.13
Availability of Lands, responsibility ...................
4.1
definition of........................................2.27
data, furnish.........................................8.3
May Correct Defective Work .......................
13.14
May refuse to make payment ........................
14.7
May Stop the Work ................................
13.10
may suspend work,
terminate .......................
8.8, 13.10, 15.1-15.4
Payment, make prompt ...................
8.3, 14.4. 14.13
performance of other Work ...........................
7.1
permits and licenses, requirements
.................. 6.13
purchased insurance requirements ...............5.6-5.10
OWNER's-
Acceptance of the Work .........................
6.30.2.5
Change Orders, obligation to
execute....................................86.
10.4
Communications .....................................
8.1
Coordination of the Work ............................
7.4
Disputes, request for decision .......................
9.11
Article or Paragraph
Number
Inspections, tests and approvals ................. 8.7. 13.4
Liability Insurance ...................................
5.5
Notice of Defects ...................................
13.1
Representative -During Construction,
ENGINEER's Status ............................
9.1
Responsibilities-
-
Asbestos, PCB's. Petroleum. Hazardous
Waste on Radioactive Material ..................
8.10
Change Orders ....................................
Changes in the Work ..............................
communications ...................................
8.6
10.1
8.1
CONTRACTOR's responsibilities ..................
8.9
evidence of financial arrangements ................
8.11
inspections, tests and approvals
............
Insurance ...........
lands and easements ...............................
... 8.5
8.4
prompt payment by ........ _....................... 8.3
replacement of ENGINEER ....................... 8.2
reports and tests ................................... 8.4
stop or suspend Work .................. 8.8. 13.10, 15.1
terminate CONTRACTOR's services ..........8.8. 15.2
separate representative at site ........................
9.3
independent testing .................................
13.4
use or occupancy of the
Work ....................................
5.15, 14.10
written consent or approval
required ...........a ......... ........
9.1, 6.3, 11.4
written notice
required .......... 7.1, 9.4, 9.11, 11.2,
11.9, 14.7, 15.4
PCBs -
definition of ........................................ 1.29
general.............................................. 4.5
OWNER's responsibility for ........................ 8.10
Partial Utilization -
definition of ........................................ 1.28
general ................................... 6.30.2.4, 14.10
Property Insurance ................................. 5.15
Patent Fees and Royalties ............................. 6.12
Payment Bonds ..................................... 5.1-5.2
Payments, Recommendation of ..............14.4-14.7, 14.13
Payments to CONTRACTOR and Completion -
Application for Progress Payments ..........14.2
CONTRACTOR's Warranty of Title .................
Final Application for Payment ......................
14.3
14.12
Final Inspection ................................... 14.11
Final Payment and Acceptance ............... 14.13-I4.I4
general ........................................... 8.3. 14
Partial Utilization .................................. 14.10
Retainage........................................... 14.2
Review of Applications for Progress
Payments .................................. 14.414.7
prompt payment .................................... 8.3
Schedule of Values .................................. 14.1
Substantial Completion ......................... 14.8-14.9
Waiver of Claims .................................. 14.15
when payments due .......................... 14.4, 14.13
withholding payment ................................ 14.7
Performance Bonds.................................5.1-5.2
Permits ........... 6.13
C1
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Article or Paragraph
Number
Petroleum.
definition of ........................................
1.30
general ..............................................
4.5
OWNER's responsibility for ........................
8.10
Physical Conditions —
Drawings of, in or relating to .....................
4.2.1.2
ENGINEER's
review ..............................
4.2.4
existing structures ................................
4.2.2
general
...........................................
Subsurface and
4.2.1.2
°................
.......................
Underground Facilities ..............
4.2
4.3
Possible Contract Documents Change
............... 4.2.5
Possible Priceand Times Adjustments
.............. 4.2.6
Reports and Drawings ..............................
4.2.1
Noticeof Differing Subsurfaceor. ..................
4.2.3
Subsurface and
...........
Subsurface Conditions
... 4.2
............................
Technical Data, Limited Reliance by
4.2.1.1
CONTRACTOR Authorized ....................
4.2.2
Underground Facilities—
-
general..........................................4.3
Not Shown or Indicated .......................
4.3.2
Protection of ...............................
4.3. 620
Shown or Indicated ............................
4.3.1
Technical Data.....................................4.2.2
Preconstruction Conference ............................
2.8
Preliminary Matters
......................................
Preliminary Schedules
2
..................................
Premises, Use of
2.6
...:..... ........................
Price, Change of Contract ...............................
6.16-6.18
II
Price, Contract —definition of ..........................
1.11
Progress Payment, Applications for ....................
14.2
Progress payment—retainage ..........................
14.2
Progress schedule, CONTRACTOR,s .....
2.6.2.8, 2.9, 6.6,
6.29: 10.4. 15.2.1
Project —definition of ...............
1.31
Project Representative.
ENGINEER's Status During Construction ............ 9.3
Project Representative, Resident
—definition of ......................................
1.33
Prompt payment by OWNER ............................
8.3
Property Insurance
Additional ...........................................
5.7
general..........................................
5.6.5.10
Partial Utilization ...........................
5.15, 14.10.2
receipt and application of
proceeds..................................
5.12-5.13
Protection, Safety and .......................6.20-6.21.
13.2
Punchlist ............................................
14.11
Radioactive Material—
definition...........................................
I.32
general ................
4.5
OWNER's responsibility for .................
.
...... 8.10
Recommendation of Payment ..............
14.4, 14.5, 14.13
Record Documents .............. ...............
6.19. 14.12
Records, procedures for maintaining ....................
2.8
Reference Points
.......................................4.4
Reference to Standards and Specifications
of Technical Societies ................................
3.3
Article or Paragraph
Number
Regulations. Laws and (or) ............................
6.14
Rejecting Defective Work ...............................
9.6
Related Work —
atSite .......................................:...
Performed prior to Shop Drawings
7.1.7.3
and Samples submittals review ..................
6.28
Remedies, cumulative ............................
17.4, 17.5
Removal or Correction of
Defective Work ....................................
13.11
rental agreements, OWNER approval
required ....................... ............
replacement of ENGINEER, by OWNER
11.4.5.3
8.2
Reporting and Resolving Discrepancies ....
2.5, 3.3.2, 6.14.2
Reports —
and Drawings ......................................
4.2.1
and Tests, OWNER's responsibility ..................
8.4
Resident Project Representative —
definition of ........................................
I.33
provision for
.........................................93
Resident Superintendent, CONTRACTOR'S
............. 6.2
Responsibilities—
CONTRACIGR's-in general ...........................
6
ENGINEER's-in general ................................9
Limitations on.............6......................
9.13
OWNER's-in general .........................:........
8
Retainage
.............................................14.2
Reuse of Documents
...................................
Review by CONTRACTOR: Shop Drawings
3.7
I
and Samples Prior to Submittal ......................
6.25
Review of Applications for Progress
Payments......................................
14.4.14.7
Right to an adjustment ................................
10.2
Rights
of Way ..........................................
Royalties, Patent Fees and .............................6.12
4.1
Safe Structural Loading ...............................
6.18
Safety —
and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2
general........................................6.206
Representative, CONTRACTOR's ...................
6.21
Samples —
definition of ...................................:
1.34
general........................................
..
Review by CONTRACTOR
6.24 628
.........................
Review by ENGINEER .......................
6.25
6.26. 6.27
relatedWork........................................6.28
submittal of
........................................6242
submittal procedures ................................
6.25
Schedule of progress ..... 2.6. 2.8.2.9, 6.6, 6.29,
10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals ....................... 2.6, 2.8-2.9,
6.24-6.28
Schedule of Values ........................ 2.6,
2.&2.9, 14.1
Schedules —
Adherence to.....................................15.2.1
Adjusting............................................6.6
Change of Contract Times
..........................
Initially Acceptable ...............................2.8.29
10.4
Preliminary
..........................................
Scope of Changes
2.6
10.3.10.4
..............................
Subsurface Conditions
..............................
4.2.1.1
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Article or Paragraph
Number
Shop Drawings —
and Samples, general ...........................
6.24-6.28
Change Orders & Applications for
Payments, and ...............................
9.7-9.9
definition of ........................................
1.35
ENGINEER's approval of .........................
3.6.2
ENGINEER's responsibility
for review ...............................
9.7, 6.24-6.28
related Work ........................................
6.28
review procedures .........................
2.8.6.24-6.28
submittal required .................................
6.24.1
Submittal Procedures ...............................
6.25
use to approve substitutions ........................
6.7.3
Shown or Indicated ...................................
4.3.I
Site Access.......................................7.2.
13.2
Site Cleanliness.......................................6.17
Site, Visits to —
by ENGINEER................................9.2.
13.2
byothers ...........................................13.2
"Special causes of loss" policy form, insurance
....... 5.6.2
Specifications —
definition of........................................1.36
of Technical Societies, reference to .................
3.3.1
precedence........................................
3.3.3
Standards and Specifications of Technical
Societies..........................................
3.3
Starting Construction, Before .......................23-2.8
Starting the Work ................:.....................
2.4
Stop or Suspend Work —
by CONTRACTOR ..................................
15.5
by OWNER ...........8.8.
13.10, 15.I
Storage of materials and equipment .................4.1.
7.2
Structural Loading, Safety .............................
6.18
Subcontractor—
Conceming.....................................
6.8-6.11
.
definition of........................................1.37
delays..............................................12.3
waiver of rights................................6.11
Subconuactors—in general ........................6.8-6.11
Subcontracts —required provisions ........
5.11, 6.11, 11.4.3
Submittals —
Applications for Payment ...........................
14.2
Maintenance and Operation Manuals ...............
14.12
Procedures.........................................6.25
Progress Schedules ..............................
2.6.2.9
Samples.......................................6.24.6.28
Schedule of Values .............................
2.6. 14.1
Schedule of Shop Drawings and
Samples Submissions ....................
2.6. 2.8-2.9
Shop Drawings .................................
6.24-6.28
Substantial Completion —
certification of ........................
6.30.2.3, 14.8-14.9
definition of........................................1.38
Substitute Construction Methods or Procedures ....... 6.7.2
Substitutes and "Or Equal" Items ......................
6.7
CONTRACTOR's Expense .......................
6.7.1.3
ENGINEER's Evaluation ..........................
6.7.3
„Or -Equal ..........................................
6.7.1
Substitute Construction Methods of Procedures ..... 6.7.2
Article or Paragraph
Number
Substitute Items ..................................
6.7.1.2
Subsurface and Physical Conditions —
Drawings of, in or relating to .....................
4.2.1.2
ENGINEER's Review .............................
4.2.4
general..............................................4.2
Limited Reliance by CONTRACTOR
Authorized....................................4.2.2
Notice of Differing Subsurface or
Physical Conditions ................................
4.2.3
Physical Conditions .................................
4.2.1.2
Possible Contract Documents Change .................
4.2.5
Possible Price and Times Adjustments ................
4.2.6
Reports and Drawings ................................
4.2.1
Subsurface and......................................4.2
Subsurface Conditions at the Site .................
4.2.1.1
Technical Data .....................................
4.2.2
Supervision— _
CONTRACTOR's responsibility ......................
6.1
OWNER shall not supervise .....8.9
ENGINEER shall not supervise ...............
9.2. 9.13.2
Superintendence.......................................6.2
Superintendent, CONTRACTOR's resident ........... 6.2
Supplemental costs ..................................
11.4.5
Supplementary Conditions —
definition of ........................................
1.39
principal reference to .... 1.10, 1.18, 2.2.
2.7. 4.2, 4.3. 5.1,
5.3,5.4,5.6.5.9,5.11,6.8,6.13,7.4,8.11,9.3,9.10
Supplementing Contract Documents ....................
3.6
Supplier —
definition of ..........
........... 1.40
principal references to ..................
3.7, 6.5, 6.8.6.11,
6.20,6.24,9.13, 14.12
Waiver of Rights ....................................
6.11
Surety —
consent to final payment .....................
14.12, 14.14
ENGINEER has no duty to .........................
9.13
Notification of ...........................10.1.
10.5, 15
qualification of ...................................
5.1-5.3
Survival of Obligations................................6.34
Suspend Work. OWNER May ..................
13.10. 15.1
Suspension of Work and Termination— ..................is
CONTRACTOR May Stop Work or
Terminate........................................
15.5
OWNER May Suspend Work .......................
15.1
OWNER May Terminate .......................
15.2-15.4
Taxes -Payment by CONTRACTOR ....................
6.15
Technical Data —
Limited Reliance by CONTRACTOR ...............
4.2.2
Possible Price and Times Adjustments ..............
4.2.6
Reports of Differing Subsurface and
Physical Conditions ..............................
4.2.3
Temporary construction facilities ........................
4.1
Termination —
by CONTRACTOR .................................
I5.5
by OWNER ...............................
8.8. 15.1-15.4
of ENGINEER's employment ........................
8.2
Suspension of Work-in general ........................
15
Terms and Adjectives ..................................
3.4
Tests and Inspections—
I
Article or Paragraph
Number
Access to the Work, by others ..................... 13.2
CONTRACT OR's responsibilities ................... 13.5
costof .............................................. 13.4
covering Work prior to ......................... 13.6.13.7
laws and Regulations (or) .......................... 13.5
Notice of Defects ................................... 13.1
OWNER May Stop Work ................:......... 13.10
OWNER's independent testing ...................... 13.4
special, required by ENGINEER .................. 9.6
timely notice required ................................ 13.4
Uncovering the Work, at ENGINEER's
request ....................................
Times —
13.8-I3.9
Adjusting............................................ 6.6
Change of Contract ................................... 12
Adjusting............................................ 6.6
Computation of ..................................... 17.2
Contract Times —definition of ....................... I.12
day................................................17.72
Milestones ........................................... 12
Requirements—
appeals.......................................... 16
clarifications, claims and
disputes ............................. 9.11, 11.2, 12
commencement of contract times ................... 2.3
preconstruction conference ......................... 2.8
schedules ................................. 2.6, 2.9, 6.6
starting the Work ........ ..... ....... .... :..... ... . 2.4
Title, Warranty of ..................................... 14.3
Uncovering Work ................................ 13.8-13.9
Underground Facilities, Physical Conditions —
definition of ........................................ 1.41
Not Shown or Indicated ............................ 4.3.2
protection of ................................... 4.3, 6.20
Shown or Indicated ................................ 4.3.1
Unit Price Work—
claims............................................
definition of ........................................
general ..................................
Unit Prices —
11.9.3
1.42
II.914.1, 14.5
general.............. ............................
Determination for ...................................
Use of Premises ...........6.16,
Utility owners ...................... 6.13,6.20,7.1-7.3.
11.3.1
9.10
6.18, 6.30.2.4
13.2
Article or Paragraph
Number
Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10
Value
of the Work .....................................
Values, Schedule
11.3
of .......................
2.6, 2.8-2.9, 14.1
• Variations in Work —Minor
Authorized ................................
6.25, 6.27.9.5
Visits of Site —by ENGINEER
.........................
Waiver of Claims.on Final
9.2
•Payment ...........................................
14.15
Waiver of Rights by insured
parties ...............
5.11.6.11
Warranty and Guarantee, General —by
CONTRACTOR ....................................
6.30
Warranty of Title, CONTRACIOR's
...................
Work—
14.3
Accessto ...........................................
_ II
13.2
byothers,
....................4.......................
Changes in the
7
.......................................
Continuing the.
10
.....................................
CONTRACTOR May Stop Work
6.29
or Terminate ...................................
15.5
Coordination of
......................................
Cost of the
7.4
.....................................
11.4-11.5
definition of ........................................
1.43
neglected by CONTRACTOR ......................
13.14
otherWork
............................................
OWNER May Stop Work
7
..........................
OWNER May Suspend Work
13.10
.................
13.10. 15.1
Related, Work at Site .............................
7.1-73
Starting the
..........................................
Stopping by. CONTRACTOR
2.4
........................
15.5
Stopping by OWNER ..........................
15.1-15.4
Variation and deviation authorized,
minor...........................................
Work Change Directive —
3.6
claims pursuant to .................................
10.2
definition of ........................................
principal references to ....................353
1.44
10.1-10.2
Written Amendment —
definition of ........................................
1.45
principal references to ... 1.10, 3.5, 5.10, 5.12,
6.6.2, 6.8.2,
6.19.10.1,10.4,11.2,12.1,13.12.2,14.7.2
Written Clarifications and
interpretations ...........................3.63,
9.4, 9.11
Written Notice Required —
by CONTRACTOR `........ 7.1,9.10-9.11,
10.4, 11.2, 12.1
by OWNER ....................9.10.9.11.
10.4. 11.2. 13.14
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GENERAL CONDITIONS
ARTICLE I —DEFINITIONS Additions Sc 1
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
I.I. Addenda —Written or graphic instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Documents.
1.2. Agreement —The written contract between OWNER
and CONTRACTOR covering the Work to be performed; other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
1.3. Application for Payment —The form accepted by EN-
GINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract
Documents.
1.4. Asbestos —Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action. levels established by the
United States Occupational Safety and Health Administration.
1.5. Bid —The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work to be
performed.
1.6. Bidding Documents —The advertisement or invitation
to Bid, instructions to bidders, the Bid form, and the proposed
Contract Documents (including all Addenda issued prior to
receipt of Bids).
1.7. Bidding Requirements —The advertisement or invita-
tion to Bid, instructions to bidders, and the Bid form.
1.8. Bonds —Performance and Payment bonds and other
instruments of security.
1.9. Change Order —A document recommended by ENGI-
NEER, which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Times, issued
on or after the Effective Date of the Agreement.
1.10. Contract Documents —The Agreement, Addenda
(which pertain to the Contract Documents), CONT RACTOR's
Bid (including documentation accompanying the Bid and any
post Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement, the
Notice to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the Draw-
ings as the same are more specifically identified in the Agree -
ment, together with all Written Amendments. Change Orders,
Work Change Directives. Field Orders and ENGINEER,s
written interpretations and clarifications issued pursuant to
paragraphs 3.5. 3.6.1, and 3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.27 and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1.11. Contract Price —The moneys payable by OWNER to
CONTRACTOR for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 11.9.1 in the case of
Unit Price Work).
1.12. Contract Times —The numbers of days or the dates
stated in the Agreement: (i) to achieve Substantial Completion.
and (ii) to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRACTOR —The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective —An adjective which when modifying the
word Work refers to Work that is unsatisfactory, faulty or
deficient, in that it does not conform to the Contract Docu-
ments, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to ENGI-
NEER's recommendation of final payment (unless responsi-
bilityforthe protection thereof has been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10).
1.15. Drawings —The drawings which show the scope,
extent and character of the Work to be furnished and per-
formed by CONTRACTOR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings are not Drawings as so defined.
1.16. Effective Date of the Agreement —The date indicated
in the Agreement on which it becomes effective, but if no such
date is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
1.17. ENGINEER —The person, firm or corporation named
as such in the Agreement.
1.18. ENGINEER's Consultant —A person, firm or corpo-
ration having a contract with ENGINEER to furnish services
as ENGINEER'S independent professional associate or con-
sultant with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. Field Order —A written order issued by ENGINEER
which orders minor changes in the Work in accordance with
paragraph 9.5 but which does not involve a change in the
Contract Price or the Contract Times.
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1.20. GeneralRequirements—Setions of Division I of the
Specifications.
1.21. Hazardous Waste —The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to
time.
1.22. Laws and Regulations; Laws or Regulations —Any
and all applicable laws, rules, regulations, ordinances, codes
and orders of any and all governmental bodies, agencies,
authorities and courts having jurisdiction.
1.23. Liens —Liens, charges, security interests or encum-
brances upon real property or personal property.
1.24. Milestone —A principal event specified in the Con-
tract Documents relating to an intermediate completion date or
time prior to Substantial Completion of all the Work.
1.25. Notice ofAward—The written notice by OWNER to
the apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein, within the time specified. OWNER will
sign and deliver the Agreement.
1.26. NoticetoProceed—A writtennoticegiyen byOWNER
to CONTRACTOR (with a copy to ENGINEER) fixing the
date on which the Contract Times will commence to run and on
which CONTRACTOR shall start to perform CONTRAC-
TOR's obligations under the Contract Documents.
1.27. OWNER —The public body or authority, corpora-
tion, association, firm or person with whom CONTRACTOR
has entered into the Agreement and for whom the Work is to be
provided.
1.28. Partial Utilization —Use by OWNER of a substan-
tially completed part of the Work for the purpose for which it is
intended (or a related purpose) prior to Substantial Completion
of all the Work.
1.29. PCBs —Polychlorinated biphenyls.
1.30. Petroleum —petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute), such as oil, petroleum, fuel
oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with
other non -Hazardous Wastes and crude oils.
1.31. Project —The total construction of which the Work to
be provided under the Contract Documents may be the whole.
or a part as indicated elsewhere in the Contract Documents.
1.32. Radioactive Material— ,Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 et seq.) as amended from time to
time.
1.33. Resident Project Representative— The authorized
representative of ENGINEER who may be assigned to the site
or any part thereof.
1.34. Samples -Physical examples of materials, equipment,
or workmanship that are representative of some portion of the
Work and which establish the standards by which such portion
of the Work will be judged.
1.35. Shop Drawings —All drawings, diagrams, illustra-
tions. schedules and other data or information which are
specifically prepared or assembled by or for CONTRACTOR
and submitted by CONTRACTOR to illustrate some portion of
the Work. ,
1.36. Specdiications—Those portions of the Contract Doc-
uments consisting of written technical descriptions of materi-
als, equipment, construction systems, standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
1.37. Subcontractor —An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work
at the site.
1.38. Substantial Completion —The Work (or a specified
part thereof) has progressed to the point where, in the opinion
of ENGINEER as evidenced by ENGINEER's definitive
certificate of Substantial Completion, it is sufficiently com-
plete, in accordance with the Contract Documents, so that the
Work (or specified part) can be utilized for the purposes for
which it is intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as evidenced by
ENGINEER's written recommendation of final payment in
accordance with paragraph 14.13. The teens "substantially
complete" and "substantially completed" as applied to all or
pan of the Work refer to Substantial Completion thereof.
1.39. Supplementary Conditions —The part of the Contract
Documents which amends or supplements these General Con-
ditions.
1.40. Supplier —A manufacturer, fabricator, supplier, dis-
tributor, materialman or vendor having a direct contract with
CONTRACTOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in the Work by CON-
TRACTOR or any Subcontractor.
• 1.41. UndergroundFacilities—All pipelines, conduits, ducts,
cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such
facilities which have been installed underground to furnish any
of the following services or materials: electricity, gases, steam,
liquid petroleum products, telephone or other communica-
tions, cable television, sewage and drainage removal, traffic or
other control systems or water.
1.42. Unit Price Work —Work to be paid for on the basis of
unit prices.
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1.43. Work —The entire completed construction or the var-
ious separately identifiable parts thereof required to be fur-
nished under the Contract Documents. Work includes and is
the result of performing or furnishing labor and famishing and
incorporating materials and equipment into the construction.
and performing or furnishing services and furnishing docu-
ments, all as required by the Contract Documents.
1.44. Work Change Directive —A written directive to CON-
TRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by
ENGINEER, ordering an addition, deletion or revision in the
Work, or responding to differing or unforeseen physical condi-
tions under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive will not change the Contract Price or
the Contract Times, but is evidence that the parties expect that
the change directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times as provided in
paragraph 10.2.
1.45. Written Amendment —A written amendment of the
Contract Documents, signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonengineering or nontechnical rather than
strictly construction -related aspects of the Contract Docu-
ments.
ARTICLE 2 —PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Document::
Addition see SC2.2
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies will be
furnished, upon request. at the cost of reproduction.
Commencement of Contract Times; Notice to Proceed•
2.3. The Contract Times win commence to run on the thirti-
eth day after the Effective Date of the Agreement. or. if a Notice
to Proceed is given. on the day indicated in the Notice to Proceed.
A Notice to Proceed may be given at any time within thirty days
after the Effective Date of the Agreement. In no event will the
Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the Agreement. whichever' date is earlier.
Starring the Work:
2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run, but no Work
shall be done at the site prior to the date on which the Contract
Times commence to run.
Before Starling Construction:
2.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict, error, ambiguity or discrepancy which CONTRAC-
TOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however. CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity or discrepancy in the Contract Doc-
uments, unless CONTRACTOR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements).
CONTRACTOR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and completing
the various stages of the Work, including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting, reviewing and processing such submit-
tal;
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the basis
for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.7. Before any Work at the site is started. CONTRACTOR
and OWNER shall each deliver to the other, with copies to
each additional insured identified in the Supplementary Condi-
tions, certificates of insurance (and other evidence of insurance
which either of them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs 5.4. 5.6 and 5.7. Addition see SC 2.7
preeonsoue0on Conference:
2.8. Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
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attended by CONTRACTOR. ENGINEER and others as ap-
propriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.6, procedures for handling Shop
Drawings and other submittals, processing Applications for
Payment and maintaining required records. -
2.9. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first Applica-
tion for Payment a conference attended by CONTRACTOR,
ENGINEER and others as appropriate will be held to review
for acceptability to ENGINEER as provided below the sched-
ules submitted in accordance with paragraph 2.6. CONTRAC-
TOR shall have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the
schedules are submitted to and acceptable to ENGINEER as
provided below. The progress schedule will be acceptable to
ENGINEER as providing an orderly progression of the Work
to completion within any specified Milestones and the Contract
Times, but such acceptance will neither impose on ENGI-
NEER responsibility forthe sequencing, scheduling or progress
of the Work nor interfere with or relieve CONTRACTOR from
CONTRACIOR'sfull responsibility therefor. CONTRACTOR's
schedule of Shop Drawing and Sample submissions will be
acceptable to ENGINEER as providing a workable arrange-
ment for reviewing and processing the required submittals.
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3 —CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the
law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be con-
structed in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be inferred
from the Contract Documents or from prevailing custom or
trade usage as being required to produce the intended result
will be furnished and performed whether or not specifically
called for. When words or phrases which have a well- known
technical or construction industry or trade meaning are used to
describe Work, materials or equipment, such words or phrases
shall be interpreted in accordance with that meaning. Clarifi-
catkins andintetpretations of the Contract Documents shall be
issued by ENGINEER asprovided in paragraph 9.4.
3.3.1. Reference to standards, specifications, manuals or
codes of any technical society, organization or association,
or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication, shall
mean the latest standard, specification, manual, code or
Laws or Regulations in effect at the time of opening of Bids
(or, on the Effective Date of the Agreement if there. were no
Bids), except as may be otherwise specifically stated in the
Contract Documents.
3.3.2. If, during the performance of the Work, CON-
TRACTOR discovers any conflict, error, ambiguity or dis-
crepancy within the Contract Documents or between the
Contract Documents and any provision of any such law or
Regulation applicable to the performance of the Work or of
any such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in writing at
once, and, CONTRACTOR shall not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.23) until an amendment or supplement to the
Contract Documents has been issued by one of the methods
indicated in paragraph 3.5 or 3.6; provided, however, that
CONTRACTOR shall not be liable to OWNER or ENGI-
NEER for failure to report any such conflict, error, ambigu-
ity or discrepancy unless CONTRACTOR knew or reason-
ably should have known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by amendment
or supplement thereto issued by one of the methods indi-
cated in paragraph 3.5 or 3.6. the provisions of the Contract
Documents shall take precedence in resolving any conflict,
error, ambiguity or discrepancy between the provisions of
the Contract Documents and:
3.3.3.1. the provisions of any such standard, speci-
fication, manual, code or instruction (whether or not
specifically incorporated by reference in the Contract
Documents); or „
3.3.3.2. the provisions of any such Laws or Regu-
lations applicable to the performance of the Work
(unless such an interpretation of the provisions of the
Contract Documents would result in violation of such
Law or Regulation).
No provision of any such standard, specification, manual,
code or instruction shall be effective to change the duties and
responsibilities of O WN ER, CONTRACTOR or ENGINEER,
or any of their subcontractors, consultants, agents, or em-
ployees from those set forth in the Contract Documents, nor
shall it be effective to assign to OWNER. ENGINEER or
any of ENGINEER's Consultants, agents or employees any
duty or authority to supervise or direct the furnishing or
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performance of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of para-
graph 9.13 or any other provision of the Contract Docu-
3.4. Whenever in the Contract Documents the terms "as
ordered:" "as directed:" "as required:" "as allowed," "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable, "'suitable: "'acceptable: "'proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement. direction, review or judg-
ment of ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to
evaluate, in general, the completed Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any such
term or adjective shall not be effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provi-
sions of paragraph 9.13 or any other provision of the
Contract Documents.
3.5. The Contract Documents may be amended to provide
for additions, deletions and revisions in the Work or to modify
the terms and conditions thereof in one or more of the following
3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
3.6. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.6.2. ENGINEER's approval of a Shop Drawing
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or clarifica-
tion (pursuant to paragraph 9.4).
3.7. CONTRACTOR, and any Subcontractor or Supplier
or other person or organization performing or furnishing any of
the Work under a direct or indirect contract with OWNER (i)
shall not have or acquire any tide to or ownership rights in any
of the Drawings. Specifications or other documents (or copies
of any thereof) prepared by or bearing the seal of ENGINEER
or ENGINEER's Consultant, and (ii) shall not reuse any of
such Diawings. Specifications, other documents or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adoption by ENGINEER.
ARTICLE 4 —AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
Ar/abilry of Lands:
4.1. OWNER shall furnish, at indicated in the Contract
Documents, the lands upon which the Work is to be performed.
rights -of -way and easements for access thereto, and such other
lands which are designated for the use of CONTRACTOR.
Upon reasonable written request. OWNER shall furnish CON-
TRACTOR with a correct statement of record legal title and
legal description of the lands upon which the Work is to be
performed and OWNER's interest therein as necessary for
giving notice of or filing a mechanic's lien against such lands in
accordance with applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but specifically related to use of lands so furnished
with which CONTRACTOR will have to comply in performing
the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by
OWNER, unless otherwise provided in the Contract Docu-
ments. If CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments in the
Contract Price or the Contract Times as a result of any delay in
OWNER's furnishing these lands, rights -of -way or easements.
CONTRACTOR may make a claim therefor as provided in
Articles II and 12. CONTRACTOR shall provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
4.2.1. Reports and Drawings: Reference is
Supplementary Conditions for identification of:
4.2.1.1. Subsurface Conditions: Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have been utilized by ENGINEER in preparing
the Contract Documents; and
4.2.1.2. Physical Conditions: Those drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground
Facilities) that have been utilized by ENGINEER in prepar-
ing the Contract Documents.
4.2.2. Limited Reliance by CONTRACTOR Authorized;
Technical Data: CONTRACTOR may rely upon the general
accuracy of the "technical data" contained in such reports and
drawings, but such reports and drawings are not Contract
Documents. Such "technical data" is identified in the Supple-
mentary Conditions. Except for such reliance on such "tech-
nical data:" CONTRACTOR may not rely upon or make any
claim against OWNER, ENGINEER or any of ENGINEER's
Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not limited
to, any aspects of the means, methods, techniques, se-
quences and procedures of construction to be.employed by
CONTRACTOR and safety precautions and programs inci-
dent. thereto, or
4.2.2.2. other data, interpretations, opinions and infor-
mation contained in such reports or shown or indicated in
such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclu-
sion drawn from any "technical data" or any such data,
interpretations, opinions or information.
4.2.3. Notice of Differing Subsurface or Physical Condi-
tions: If CONTRACTOR believes that any subsurface or
physical condition at or contiguous to the site that is uncovered
or revealed either.
4.2.3.1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in Paragraphs 4.2.1 and 4.2.2 is materially
inaccurate, or
4.2.3.2.
is of such
a nature as
to require a change in the
Contract
Documents,
or
4.2.3.3. differs materially from that shown or indicated in
the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally recog-
nized as inherent in work of the character provided for in the
Contract Documents; then
CONTRACTOR shall, promptly after becoming aware thereof
and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an
emergency as permitted by paragraph 6.23). notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
TOR shall not further disturb such conditions or perform any
Work in connection therewith (except as aforesaid) until re-
ceipt of written order to do so.
4.2.4. ENGINEER'S Review: ENGINEER will promptly
review the pertinent conditions, determine the necessity of
OWNER's obtaining additional exploration or tests with re-
spect thereto and advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings and conclusions.
-4.23. Possible Contract Documents Change: If ENGI-
NEER concludes that a change in the Contract Documents is
required as a result of a condition that meets one or more of the
categories in paragraph 4.2.3., a Work Change Directive or a
Change Order will be issued as provided in Article 10 to reflect
and document the consequences of such change.
4.2.6. Possible Price and Times Adjustments: An equitable
adjustment in the Contract Price or in the Contract Times, or
both, will be allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de-
crease in CONTRACIOR's cost of, or time required for
performance of, the Work; subject, however, to the following:
4.2.6.1. such condition must meet any one or more of the
categories described in paragraphs 4.2.3.1 through 4.2.3.4,
inclusive;
4.2.6.2. a change in the Contract Documents pursuant to
paragraph 4.2.5 will not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Price will be subject
to the provisions of paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Times if;
4.2.6.4.1. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and
Contract Times by the submission of a bid or becoming
bound under a negotiated contract; or
4.2.6.4.?. the existence of such condition could rea-
sonably have been discovered or revealed as a result of
any examination, investigation, exploration, test or study
of the site and contiguous areas required by the Bidding
Requirements or Contract Documents to be conducted by
or for CONTRACTOR prior to CONTRACTOR's making
such final commitment; or
4.2.6.4.3. CONTRACTOR failed to give the written
notice within the time and as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract Times,
a claim maybe made therefor as provided in Articles II and 12.
However. OWNER, ENGINEER and ENGINEER's Consult-
ants shall not be liable to CONTRACTOR for any claims,
costs, losses or damages sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
4.3. Physical Conditions —Underground Facilities:
4.3.1. Shown or indicated: The information and data shown
or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on
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information and data furnished to OWNER or ENGINEER by
the owners of such Underground Facilities or by others. Unless it
is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be respon-
sible for the accuracy or completeness of any such informa-
tion or data: and
4.3.1.2. The cost of all of the following will be included in
the Contract Price and CONTRACTOR shall have full respon-
sibility for. (i) reviewing and checking all such information and
data, (ii) locating all Underground Facilities shown or indicated
in the Contract Documents, (iii) coordination of the Work with
the owners of such Underground Facilities during construction,
and (iv) the safety and protection of all such Underground
Facilities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shown or Indicated: If an Underground Facility
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents. CON-
TRACTOR shall, promptly after becoming aware thereof and
before further disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23). identify the owner
of such Underground Facility and give written notice to that
owner and to OWNER and ENGINEER. ENGINEER will
promptly review the Underground Facility and determine the
extent, if any, to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility. If ENGINEER con-
cludes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document such conse-
quences. During such time. CONTRACTOR shall be respon-
sible for the safety and protection of such Underground Facility
as provided in paragraph 6.20. CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the
Contract Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not know of and could not reasonably have
been expected to be aware of or to have anticipated. If
OWNER and CONTRACTOR are unable to agree on entitle-
ment to or the amount or length of any such adjustment in
Contract Price or Contract Times, CONTRACTOR may make
a claim therefor as provided in Articles 11 and 12. However,
OWNER. ENGINEER and ENGINEER's Consultants shall
not be liable to CONTRACTOR for any claims, costs, losses or
damages incurred or sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for laying
out the Work, shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be respon-
sible for the accurate replacement or relocation of such refer-
ence points by professionally qualified personnel.
4.5.1. OWNER shall be responsible for any Asbestos,
PCBs. Petroleum, Hazardous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work and
which may present a substantial danger to persons or property
exposed thereto in connection with the Work at the site.
OWNER shall not be responsible for any such materials
brought to the site by CONTRACTOR. Subcontractor. Suppli-
ers or anyone else for whom CONTRACTOR is responsible.
4.5.2. CONTRACTOR shall immediately: (i) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23). and (ii) notify OWNER and
ENGINEER (and thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concern-
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action,
if any. CONTRACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACTOR
special written notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the
resumption of Work, or (ii) specifying any special conditions
under which such Work may be resumed safely. If OWNER
and CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment. if any, in Contract Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is agreed by CON-
TRACTOR to be resumed, either party may make a claim
therefor as provided in Articles II and 12.
4.5.3. If after receipt of such special written notice
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions, then
OWNER may order such portion of the Work that is in
connection with such hazardous condition or in such af-
fected area to be deleted from the Work. If OWNER and
CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of deleting such portion of the
Work, then either party may make a claim therefor as
provided in Articles II and 12. OWNER may have such
deleted portion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and Reg-
ulations. OWNER shall indemnify and hold harmless CON-
TRACTOR, Subcontractors. ENGINEER, ENGINEER's
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Consultants and the officers, directors, employees, agents,
other consultants and subcontractors of each and any of
them from and against all claims, costs, losses and damages
arising out of or resulting from such hazardous condition,
Provided that: (i) any such claim, cost, loss or damage is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom,
and (ii) nothing in this subparagraph 4.5.4 shall obligate
OWNER to indemnify any person or entity from and against
the consequences of that person's or entity's own negli-
gence.
4.5.5. The provisions of paragraphs 4.2 and 4.3 are hot
intended to apply to Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the
site.
I ARTICLE 5 —BONDS AND INSURANCE
Additions see SC -5.1.1 and 5.1,2
Performance, hymens and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all C0NTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due, except as
Provided otherwise by Laws or Regulations or by the Contract
Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided otherwise by Laws or Regulations,
and shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended)
by the Audit Staff, Bureau of. Government Financial Opera-
tions, U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's
authority to act.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right to
do business is terminated in any state where any pan of the
Project is located or it ceases to meet the requirements of
Paragraph 5.1, CONTRACTOR shall within ten days thereafter
substitute another Bond and surety, both of which must be
acceptable to OWNER. ;
Replacement see SC 5.2
53, licensed Sureties and Insurers; Ceniieatn of Insurance:
5.3.1. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the juris-
diction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplementary Conditions.
Additions see SC 5.3.1
5.3.2. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
Purchase and maintain in accordance with paragraph 5.4.
OWNER shall deliver to CONTRACTOR, with copies to
each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5.6 and 5.7 hereof.
Revision see SC 5.3.2
CONTRAC717R's IiabrTfry Iaramnce:
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the, Work
being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result
from CONTRACTOR's performance and furnishing of the
Work and CONTRACTOR's other obligations under the Con-
tract Documents, whether it is to be performed or furnished by
CONTRACTOR, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to perform or
furnish any of the Work, or by anyone for whose acts any of
them may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury. oc-
cupational sickness or disease, or death of CONTRAC-
TOR'S employees;
5.4.3. claims for damages because of bodily injury, sick-
ness or disease, or death of any person other than CON-
TRACTOR's employees;
5.4.4. claims for damages insured by customary personal
injury liability coverage which. are sustained: (i) by any
person as a result of an offense directly or indirectly related
to the employment of such person by CONTRACTOR, or (ii)
by any other person for any other reason;
5.4.5. claims for damages, other than to the Work itself,
because of injury to or destruction of tangible property
wherever located, including loss of use resulting therefrom;
and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
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The policies of insurance so required by this paragraph 5.4 to
be purchased and maintained shall:
5.4.7. with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive, include as additional insureds
(subject to any customary exclusion in respect of profes-
sional liability) OWNER, ENGINEER, ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insureds. and include coverage for the respective
officers and employees of all such additional insureds;
5.4.8. include the specific coverages and be written for
not less than the limits of liability provided in the Supple-
mentary Conditions or required by Laws or Regulations,
whichever is greater;
5.4.9. include completed operations insurance;
5.4.10. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under paragraphs
6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially changed
or renewal refused until at least thirty days prior written
notice has been given to OWNER and CONTRACTOR and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so pro-
vide);
5.4.12. remain in effect at least until final payment and at
all times thereafter when CONTRACTOR may be correct-
ing, removing or replacing defective Work in accordance
with paragraph 13.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a claims -made basis,
remain in effect for at least two years after final payment
(and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to whom a certificate of insurance has been issued
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at final payment
and one year thereafter).
Addition see SC 5.4.14
OWNER's liability Inrurunce:
5.5. In addition to the insurance required to be provided by
CONTRACTOR under paragraph 5.4, OWNER, at OWNER's
option, may purchase and maintain at OWNER's expense
OWNER's own liability insurance as will protect OWNER
against claims which may arise from operations under the
Contract Documents.
Replacement see Sc 5.5
Property Inroance:
5.6. Unless otherwise provided in the Supplementary Con-
ditions, OWNER shall purchase and maintain property insur-
Replacement see SC 5.6
21
ance upon the Work at the site in the amount of the full
replacement cost thereof (subject to such deductible amounts,
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER. ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shall at least
include insurance for physical loss or damage to the Work,
temporary buildings, falsework and Work in transit and shall
insure against at least the following perils fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned
by enforcement of Laws and Regulations, water damage,
and such other perils as may be specifically required by the
Supplementary Conditions;
5.6.3. include expenses incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work, provided that such
materials and equipment have been included in an Applica-
tion for Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otherwise agreed to in writing by OWNER, CON-
TRACTOR and ENGINEER with thirty days written notice
to each other additional insured to whom a certificate of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured.
Replacement see SC 5.7
5.8. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to OWNER and CONTRACTOR and to each other
additional insured to whom a certificate of insurance has been
issued and will contain waiver provisions in accordance with
paragraph 5.11.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
CONTRACTOR, Subcontractors or others in the Work to the
extent of any deductible amounts that are identified in the
Supplementary Conditions. The risk of loss within such iden-
tified deductible amount, will be borne by CONTRACTOR,
Subcontractor or others suffering any such loss and if any of
then wishes property insurance coverage within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own expense.
Delete 5.10
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance policies
provided under paragraphs 5.6 or 5.7. OWNER shall, if possi-
ble, include such insurance, and the cost thereof will be
charged to CONTRACTOR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.11. Waiver of Rights:
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6 and
5.7 will protect OWNER, CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and all other per-
sons or entities identified in the Supplementary Conditions to
be listed as insureds or additional insureds in such policies
and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. OWNER and CONTRACTOR waive all rights
against each other and their respective officers, directors,
employees and agents for all losses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants
and all other persons or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
5.11.2. In addition. OWNER waives all rights against
CONTRACTOR, Subcontractors, ENGINEER, ENGI-
NEER's Consultants and the officers, directors, employees
and agents of any of them, for:
5.11.2.1. loss due to business interruption, loss of use
or other consequential loss extending beyond direct phys-
ical loss or damage to OWNER's property or the Work
caused by, arising out of or resulting from fire or other
peril, whether or not insured by OWNER; and
5.11.22. loss or damage to the completed Project or
Part thereof caused by, arising out of or resulting from fire
or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by
OWNER during partial utilization pursuant to paragraph
14.10, after substantial completion pursuant to paragraph
14.8 or after final payment pursuant to Paragraph 14.13.
Any insurance policy maintained by OWNER covering any
loss, damage or consequential loss referred to in this paragraph
5.11.2 shall contain provisions to the effect that in the event of
payment of any such loss, damage or consequential loss the
insurers will have no rights of recovery against any of CON-
TRACTOR. Subcontractors. ENGINEER, ENGINEER's Con-
sultants and the officers, directors, employees and agents of
any of them.
Reortpt and Application of immance Premeds
Deleted 12
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money so
received, and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other special
agreement is reached the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
ChanEe Order or Written Amendment.
Delete 5.13
5.13. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If such
objection be made, OWNER as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. If no such agreement among the
parties in interest is reached, OWNER as fiduciary shall adjust
and settle the loss with the insurers and, if required in writing
by any party in interest, OWNER as fiduciary shall give bond
for the proper performance of such duties.
Acceptance of Bonds and Insurance; Option to Replace:
5.14. If either party (OWNER or CONTRACTOR) has any
objection to the coverage afforded by or other provisions of the
Bonds or insurance required to be purchased and maintained
by the other party in accordance with Article 5 on the basis of
non-conformance with the Contract Documents, the objecting
party shall so notify the other party in writing within ten days
after receipt of the certificates (or other evidence requested)
required by paragraph 2.7. OWNER and CONTRACTOR shall
each provide to the other such additional information in respect
of insurance provided as the other may reasonably request. If
either party does hot purchase or maintain all of the Bonds and
insurance required of such party by the Contract Documents,
such party shall notify the other party in writing of such failure
to purchase prior to the start of the Work, or of such failure to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
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required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
PanS (frYlirafon—Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Completion
of all the Work, such use or occupancy may be accomplished in
accordance with paragraph 14.10: provided.that no such use or
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property insur-
ance shall not be cancelled or permitted to lapse on account of
any such partial use or occupancy.
ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise. inspect and direct the
Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Con-
tract Documents. CONTRACTOR shall be solely responsible
for the means. methods, techniques, sequences and procedures
of construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or specification of a
specific means, method, technique. sequence or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall be
responsible to see that the completed Work complies accu-
rately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications to the superintendent shall be as
bindingas if given to CONTRACTOR.
labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent. suitably qual-
ified personnel to survey, lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site. Except
as otherwise required for the safety or protection of persons or
the Work or property at the site or adjacent thereto, and except
as otherwise indicated in the Contract Documents, all Work at
the site shall be performed during regular working hours and
CONTRACTOR will not permit overtime work or the perfor-
mance of Work on Saturday, Sunday or any legal holiday
without OWNER's written consent given after prior written
notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials, equipment, labor, transportation, con-
struction equipment and machinery, tools, appliances, fuel,
power, light, heat. telephone, water, sanitary facilities, tempo-
rary facilities and all other facilities and incidentals necessary
for the furnishing, performance. testing, start-up and comple-
tion of the Work.
6.5. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OW NER.
If required by ENGINEER, CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied, installed, connected, erected.
used, cleaned and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise provided in the
Contract Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the progress schedule that will not
change the Contract Times (or Milestones). Such adjust-
ments will conform generally to the progress schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of paragraph
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.
Addition see Sc 6.6
6.7. Subuuaucs and "OrEqual" Items:
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function and quality required. Unless the
specification or description contains or is followed by words
reading that no like, equivalent or "or -equal" item or no
substitution is permitted, other items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the followingcircumstattces:
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6.7.1.1. "Or -Equal": If in ENGINEER's sole discre-
tion an item of material or equipment proposed by CON-
TRACTOR is functionally equal to that named and suffi-
ciently similar so that no change in related Work will be
required, it may be considered by ENGINEER as an
"or -equal" item, in which case review and approval of the
proposed item may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does not qualify as an "or -equal" item
under subparagraph 6.7.1.1, it will be considered a pro-
posed substitute item. CONTRACTOR shall submit suffi-
cientinfomration as provided below to allow ENGINEER
to determine that the item of material or equipment
Proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
mented in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make written appli-
cation to ENGINEER for acceptance thereof, certifying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that specified and be
suited to the same use as that specified. The application
will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct
contract with OWNER for work on the Project) to adapt
the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with
the Work is subject to payment of any license fee or
royalty. All variations ofThe proposed substitute from that
specified will be identified in the application and available
maintenance, repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs or credits that will result directly or
indirectly from acceptance of such substitute, including
costs of redesign and claims of other contractors affected
by the resulting change, all of which will be considered by
ENGINEER in evaluating the proposed substitute: EN-
GINEER may require CONTRACTOR to furnish addi-
tional data about the proposed substitute.
6.7.1.3. CONTRAC7OR's Expense: All data to be
provided by CONTRACTOR in support of any proposed
"or -equal" or substitute item will be at CONTRACTOR'S
expense.
6.7.2. Substitute Construction Methods or Procedures: If a
specific means, method, technique, sequence or procedure of
construction is shown or indicated in and expressly required by
the Contract Documents, CONTRACTOR may furnish or
utilize a substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER. CON-
TRACTOR shall submit sufficient information to allow ENGI-
NEER, in ENGINEER's sole discretion, to determine that the
substitute proposed is equivalent to that expressly called for by
the Contract Documents. The procedure for review by ENGI-
NEER will be similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to Paragraphs 6.7.1.2 and 6.7.2.
ENGINEER will be the sole judge of acceptability. No "or -
equal" or substitute will be ordered, installed or utilized
without ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to furnish at
CONTRACTOR's expense a special performance guarantee or
other.surety with respect,to any "or -equal" or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER's Consultants in evaluating substitutes proposed
or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2
and 6.7.2 and in making changes in the Contract Documents (or
in the provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER accepts a substitute item so proposed or submit-
ted by CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and ENGINEER's
Consultants for evaluating each Such proposed substitute item.
Concerning Subeonoaetors, Supplies and Other:
6.8.1. - CONTRACTOR shall not employ any Subcon-
tractor; Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indicated
in Paragraph 6.8.2). whether initially or as a substitute,
against whom OWNER or ENGINEER may have reason-
able objection. CONTRACTOR shall not be required to
employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the iden-
tity of certain Subcontractors. Suppliers or other persons or
organizations (including those who are to furnish the princi-
pal items of materials or equipment) to be submitted to
OWNER in advance of the specified date prior to the
Effective Date of the Agreement for acceptance by OWNER
and ENGINEER, and if CONTRACTOR has submitted a
list thereof in accordance with the Supplementary Condi-
tions. OWNER's or ENGINEER's acceptance (either in
writing or by failing to make written objection thereto by the
date indicated for acceptance or objection in the bidding
documents or the Contract Documents) of any such Subcon-
tractor, Supplier or other person or organization so identified
may be revoked on the basis of reasonable objection after
due investigation, in which case CONTRACTOR shall sub-
mit an acceptable substitute, the Contract Price will be
adjusted by the difference in the cost occasioned by such
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substitution and an appropriate Change Order will be issued
or Written Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor. Sitpplieror other
person or organization shall constitute a waiver of any right
of OWNER or ENGINEER to reject defective Work.
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors. Suppliers and other persons and organiza-
tions performing or furnishing any of the Work under a direct
or indirect contract with CONTRACTOR just as CON-
TRACTOR is responsible for CONTRACTOR's own acts
and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor. Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor. Supplier or other person or organization. nor shall it
create any obligation on the part of OWNER or ENGI-
NEER to pay or to see to the payment of any moneys due
any such Subcontractor. Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations.
6.9.2. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors.
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require all Sub-
contractors, Suppliers and such other persons and organiza-
tions performing or furnishing any of the Work to communi-
cate with the ENGINEER through CONTRACTOR.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifically binds the Subcontractor or Supplier
to the applicable terms and conditions of the Contract Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7. the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the Subcontractor or Supplier waives
all rights against OWNER. CONTRACTOR. ENGINEER,
ENGINEER's Consultants and all other additional insureds for
all losses and damages caused by, arising out of or resulting
from any of the perils covered by such policies and any other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subcontractor or Supplier. CONTRACTOR will obtain the
6.12. CONTRACTOR shall pay all license fees and royal-
ties and assume all costs incident to the use in the performance
of the Work or the incorporation in the Work of any invention,
design, process, product or device which is the subject of
patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the
Contract Documents for use in the performance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
use is subject to patent rights or copyrights calling for the
payment of any license fee or royalty to others, the existence of
such rights shall be disclosed by OWNER in the Contract
Documents. To the fullest extent permitted by Laws and
Regulations. CONTRACTOR shall indemnify and hold harm-
less OWNER, ENGINEER. ENGINEER's Consultants and
the officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpora-
tion in the Work of any invention, design, process, product or
device not specified in the Contract Documents.
6.13. Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or, if there
are no Bids, on the Effective Date of the Agreement. CON-
TRACIOR shall pay all charges of, utility owners for connec-
tions to the Work, and OWNER shall pay all charges of such
utility owners for capital costs related thereto such as plant
investment fees.
6.14.1. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise expressly
required by applicable Lawsand Regulations, neitherOWNER
nor ENGINEER shall be responsible for monitoring CON-
TRACTOR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, costs,
losses and damages caused by, arising out of or resulting
therefrom; however, it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings arc in accordance with Laws and Regulations,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
6.15. CONTRACTOR shall pay all sales, consumer, use
and other similar taxes required to be paid by CONTRACTOR
in accordance with the Laws and Regulations of the place of
the Project which are applicable during the performance of the
Work.
Use of Pmrrius:
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the opera-
tions of workers to the site and land and areas identified in and
permitted by the Contract Documents and other land and areas
permitted by Laws and Regulations, rights -of -way, permits and
easements, and shall.not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any dam-
age to any such land or area, or to the owner or occupant
thereof or of any adjacent land or areas, resulting from the
performance of the Work. Should any claim be made by any
such owner or occupant because of the performance of the
Work, CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra-
tion or other dispute resolution proceeding or at law. CON-
TRACTOR shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless OWNER. ENGI-
NEER, ENGINEER's Consultant and anyone directly or
indirectly employed by any of them from and against all claims,
costs, losses and damages arising out of or resulting from any
claim or action, legal or equitable, brought by any such owner
or occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based upon
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work. At
the completion of the Work CONTRACTOR shall remove all
waste materials, rubbish and debris from and about the pre-
mises as well as all tools, appliances, construction equipment
and machinery and surplus materials. CONTRACTOR shall
leave the site clean and ready for occupancy by OWNER at
Substantial Completion of the Work. CONTRACTOR shall
restore to original condition all property not designated for
alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of
any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject apy part of the
Work or adjacent property to stresses or pressures that will
endanger it.
Record Docaments:
6.19. CONTRACTOR shall maintain in a safe place at the
site one record copy of all Drawings, Specifications. Addenda,
Written Amendments, Change Orders, Work Change Direc-
tives, Field Orders and written interpretations and clarifica-
tions (issued pursuant to paragraph 9.4) in good order and
annotated to show all changes made during construction.
These record documents together with all approved Samples
and a counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion of
the Work, these record documents. Samples and Shop Draw-
ings will be delivered to ENGINEER for OWNER.
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro -
pains in connection with the Work. CONTRACTOR shall take
all necessary precautions for the safety of, and shall provide
the necessary protection to prevent damage, injury or loss to:
6.20.1. all persons on the Work site or who may be
affected by the Work;
6.20.2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the site;
and
6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, roadways,
structures, utilities and Underground Facilities not desig-
nated for removal, relocation or replacement in the course of
construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for safety of
persons or property or to protect them from damage, injury or
loss: and shall erect and maintain all necessary, safeguards for
such safety and protection. CONTRACTOR shall notify own-
ers of adjacent property and of Underground Facilities and
utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal,
relocation and replacement of their property. All damage,
injury or loss to any property referred to in paragraph 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts or omissions
of OWNER or ENGINEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be liable, and not attributable, directly or indi-
rectly, in whole or in part, to the fault or negligence of
CONTRACTOR or any Subcontractor. Supplier or other per-
son or organization directly or indirectly employed by any of
them). CONTRACTOR'S duties and responsibilities for safety
and for protection of the Work shall continue until such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with para-
graph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Comple-
tion).
Safety Represerrrative:
6.21. CONTRACTOR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
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responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
grams.
6.22. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other hazard
communication information required to be made available to or
exchanged between or among employers at the site in accor-
dance with Laws or Regulations.
Emergencies:
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto. CONTRACTOR, without special instruction or au-
thorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give ENGINEER prompt written notice if
CONTRACTOR believes that any significant changes in the
Work or variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency.
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paragraph 2.9). All submittals will be identified as
ENGINEER may require and in the number of copies
specified in the General Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties, dimensions, specified performance and design criteria.
materials and similar data to show ENGINEER the materi-
als and equipment CONTRACTOR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with
said accepted schedule of Shop Drawings and Sample sub-
mittals. Each Sample will be identified clearly as to material.
Supplier, pertinent data such as catalog numbers and the use
for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the limited purposes required by paragraph 6.26. The num-
bers of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submilwl Procedures:
6.25.1. Before submitting each Shop Drawing or Sam-
ple, CONTRACTOR shall have determined and verified:
6.25.1.1. all field measurements, quantities, dimen-
sions. specified performance criteria, installation require-
ments, materials. catalog numbers and similar information
with respect thereto,
6.25.1.2. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly and
installation pertaining to the performance of the Work, and
6.25.1.2. all information relative to CONTRACTOR's
sole responsibilities in respect of means, methods, tech-
niques. sequences and procedures of construction and
safety precautions and programs incident thereto.
CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied CON-
TRACTOR's obligations under the Contact Documents with
respect to CONTRACTOR'S review and approval of that
submittal.
6.25.3. At the time of each submission. CONTRACTOR
shall give ENGINEER specific written notice of such vari-
ations, if any, that the Shop Drawing or Sample submitted
may have from the requirements of the Contract Documents,
such notice to be in a written communication separate from
the submittal; and, in addition, shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's review and approval
will be only to determine if the items covered by the submittals
will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be
compatible with the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approval will not extend to means,
methods, techniques, sequences or procedures of construction
(except where a particular means, method, technique, se-
quence or procedure of construction is specifically and ex-
pressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
approval of a separate item as such will not indicate approval of
the assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER, and shall
return the required number of corrected copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any variation from the requirements of the Contract
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Documents unless CONTRACTOR has in writing called EN-
GINEER's attention to each such variation at the time of
submission as required by paragraph 6.25.3 and ENGINEER
has given written approval of each such variation by specific
written notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility for
complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by
paragraph 2.9, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submittal will be
at the sole expense and responsibility of CONTRACTOR.
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
6.30. COMRAC70R'1 Gann,! Wonunry and Guwvjuee:
Addition - See Sc 6.30..3.
6.30.1. CONTRACTOR warrants and guarantees to
OWNER. ENGINEER and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper maintenance
or operation by persons other than CONTRACTOR. Sub-
contractors or Suppliers; or
6.30.1.2. normal wear and tear under normal usage.
6.30.2. CONTRACTOR's.obligation to perform and corn.
plete the Work in accordance with the Contract Documents
shall be absolute. None of the following will constitute an
acceptance of Work that is not in accordance with the
Contract Documents or a release of C0NTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.3. recommendation of any, progress or final
payment by ENGINEER;
6.30.2.3. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC.
TOR under the Contract Documents;
6.30.2.4. use or occupancy of the Work or any part
thereof by OWNER;
6.30.2.5: any acceptance by OWNER or any failure to
do so;
6.30.2.6; any review and approval of a Shop Drawing
or Sample submittal or the issuance of a notice of accept-
ability by ENGINEER pursuant to paragraph 14.13;
6.30.2.7. any inspection, test or approval by others; or
630.2.8. anycorrectionofdefective Work by OWNER.
Addition - See SC 6..30.3
ledemnificadon:
6.31. To the fullest extent permitted by Laws and Regula-
tions, CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants of
each and any of them from and against all claims, costs, losses
and damages (including but not limited to all fees and charges
of engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs) caused
by, arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage: (i) is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom, and
(ii) is caused in whole or in part by any negligent act or
omission of CONTRACTOR, any Subcontractor, any Supplier,
any person or organization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, regardless of whether
or not caused in par by any negligence or omission of a person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regard-
less of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or ENGI-
NEER or any of their respective consultants, agents, officers,
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRACTOR,
any Subcontractor, any Supplier, any person or organization
directly or indirectly employed by any of them to perform or
furnish any of the Work, or anyone for whose acts any of them
may be liable, the indemnification obligation under paragraph
6.31 shall not be. limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor, Supplier
or other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRACTOR
under paragraph 6.31 shall not extend to the liability of ENGI-
NEER and ENGINEER,s Consultants, officers, directors,
employees or agents caused by the professional negligence,
errors or omissions of any of them.
Survival ofObligattonr.
6.34. All representations, indemnifications, warranties and
guarantees made in. required by or given in accordance with
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the Contract Documents, as well as all continuing obligations
indicated in the Contract Documents, will survive final pay-
ment, completion and acceptance of the Work and termination
or completion of the Agreement.
ARTICLE 7 —OTHER WORK
Additions see Sc 7.5
Related Work at Site:
7.1. OWNER may perform other work related to the
Project at the site by OWNER's own forces, or let other
direct contracts therefor which shall contain General Condi-
tions similar to these, or have other work performed by
utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i) written notice thereof will be given to CONTRACTOR
prior to starting any such other work, and (ii) CONTRAC-
TOR may make a claim. therefor as provided in Articles II
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or re-
quires additional time and the parties are unable to agree as
to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the addi-
tional work with OWNER's employees) proper and safe
access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and
coordinate the Work with theirs. Unless otherwise provided
in the Contract Documents, CONTRACTOR shall do all
cutting, fitting and patching of the Work that may be required
to make its several parts come together properly and inte-
grate with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise altering their work and will only cut or alter their work
with the written consent of ENGINEER and the others
whose work will be affected. The duties and responsibilities
of CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of CON-
TRACTOR in said direct contracts between OWNER and
such utility owners and other contractors.
7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect such
other work and promptly report to ENGINEER in writing any
delays, defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRACTOR's Work. CONTRACTOR's failure so to
report will constitute an acceptance of such other work as fit
and proper for integration with CONTRACTOR's Work except
for latent or nonapparent defects and deficiencies in such other
work.
r.
7.4.. ,If OWNER contracts with others for the performance
of other work on the Project at the site, the following will be set
forth in Supplementary Conditions:
7.4.1. the person. firm or corporation who will have
authority and responsibility for coordination of the activities
among the various prime contractors will be identified;
7.4.2. the specific matters to be covered by such author-
ity and responsibility will be itemized: and
7.4.3. the extent of such authority and responsibilities
will be provided.
Unless otherwise provided in the Supplementary Condi-
tions. OWNER shall have sole authority and responsibility in
respect of such coordination.
ARTICLE 8 —OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Condi-
tions. OWNER shall issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly when they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish ref-
erence points are set forth in paragraphs 4.1 and 4.4. Paragraph
4.2 refers to OWNER's identifying and making available to
CONTRACTOR copies of r ports of explorations and tests of
subsurface conditions at the site and drawings of physical
conditions in existing structures at or contiguous to the site that
have been utilized by ENGINEER in preparing the Contract
Documents.
Delete 8.5
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain inspec-
tions, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACIOR under certain circumstances.
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8.9. The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for, CONTRAC-
TOR's means, methods, techniques, sequences or procedures
of construction or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the furnishing or perfor-
mance of the Work. OWNER will not be responsible for
CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents.
8.10. OWNER'S responsibility in respect of undisclosed
Asbestos, PCBs. Petroleum, Hazardous Waste or Radioactive
Materials uncovered or revealed at the site is set forth in
Paragraph 4.5.
8.11. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial arrange-
ments have been made to satisfy OWNER's obligations under
the Contract Documents, OWNER's responsibility in respect
thereof will be as set forth in the Supplementary Conditions.
ARTICLE 9 —ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER's Representative.
9.1. ENGINEER willbe: OWNER's representative during
the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's repre-
sentative during construction are set forth, in the Contract
Documents and shall not be extended without written consent
of OWNER and ENGINEER.
Virus to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as ENGI-
NEER deems necessary in order to observe as an experienced
and qualified design professional the progress that has been
made and the quality of the various aspects of CONTRAC-
TOR's executed Work. Based on information obtained during
such visits and observations, ENGINEER will endeavor for
the benefit of OWNER to determine. in general. if the Work is
Proceeding in accordance with the Contract Documents. EN-
GINEER will not be required to make exhaustive or continu-
ous on -site inspections to check the quality or quantity of the
Work. ENGINEER's efforts will be directed toward providing
for OWNER a greater degree of confidence that the completed
Work will conform generally to the Contract Documents. On
the basis of such visits and on -site observations. ENGINEER
will keep OWNER informed of the progress of the Work and
will endeavor to guard OWNER against defective Work. EN-
GINEER's visits and on -site observations are subject to all the
limitations on ENGINEER's authority and responsibility set
forth in paragraph 9.13, and particularly, but without limitation,
during or as a result of ENGINEER's on -site visits or
observations of CONTRACTOR's Work ENGINEER will not
supervise, direct, control or have authority over or be respon-
sible for CONTRACTOR's means, methods, techniques, se-
quences or procedures of construction, or the safety precast-.
lions and programs incident thereto, Or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of the Work.
Project Reprewnmbne:
9.3. If OWNER and ENGINEER agree. ENGINEER will
furnish a Resident Project Representative to assist ENGI-
NEER in providing more continuous observation of the Work.
The responsibilities and authority and limitations thereon of
any such Resident Project Representative and assistants will be
as provided in paragraph 9.13 and in the Supplementary
Conditions. If OWNER designates another representative or
agent to represent OWNER at the site who is not ENGI-
NEER's Consultant, agent or employee, the responsibilities
and authority and limitations thereon of such other person will
be as provided in the Supplementary Conditions. '
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings or
otherwise) as ENGINEER may.detennine necessary, which
shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and
interpretations will be binding on OWNER and CONTRAC-
TOR. If OWNER or CONTRACTOR believes that a written
clarification or. interpretation justifies an adjustment in the
Contract Price or the Contract Times and the parties are unable
to agree to the amount or extent thereof, if any. OWNER or
CONTRACTOR may make a written claim therefor as pro-
vided in Article II or Article 12.
Autho=d Vwiations in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Times and are compatible with the design concept of
the completed Project as a functioning whole as indicated by
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved promptly.
If OWNER or CONTRACTOR believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the parties are unable to agree as to the amount or
extent thereof. OWNER or CONTRACTOR may make a
written claim therefor as provided in Article II or 12.
Rejecting Defective Work:
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9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
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that ENGINEER believes will not produce a completed Project
that conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER will also have authority to require special inspec-
tion or testing of the Work as provided in paragraph 13.9,
whether or not the Work is fabricated. installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. In connection with ENGINEER's authority as to
Shop Drawings and Samples. see paragraphs 6.24 through 6.28
inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders, see Articles 10. II. and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
1OR. ENGINEER will review with CONTRACTOR the EN-
GINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's written
decision thereon will be final and binding upon OWNER and
CONTRACTOR. unless. Within ten days after the date of any
such decision, either OWNER or CONTRACTOR delivers to
the other and to ENGINEER written notice of intention to
appeal from ENGINEER's decision and: (i) an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exhibit GC -A.
"Dispute Resolution Agreement:" entered into between
OWNER and CONTRACTOR pursuant to Article 16. or (ii) if
no such Dispute Resolution Agreement has been entered into.
a formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
ENGINEER's decision, unless otherwise agreed in writing by
OWNER and CONTRACTOR. Such appeal will not be subject
to the procedures of paragraph 9.11.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Claims under Articles II and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this paragraph. Written notice of each such
claim, dispute or other matter will be delivered by the claimant
to ENGINEER and the other party to the Agreement promptly
(but in no event later than thirty days) after the start of the
occurrence or event giving rise thereto, and written supporting
data will be submitted to ENGINEER and the other party
within sixty days after the start of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support of
such claim, dispute or other matter. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant's last submittal (unless
ENGINEER allows additional time). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing party's submittal, if any. in accordance with this
paragraph. ENGINEER's written decision on such claim.
dispute or other matter will be final and binding upon OWNER
and CONTRACTOR unless: (i) an appeal from ENGINEER's
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC -A. "Dispute Reso-
lution Agreement:" entered into -between OWNER and CON-
TRACTOR pursuant to Article 16, or (ii) if no such Dispute
Resolution Agreement has been entered into, a written notice
of intention to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other and to
ENGINEER within thirty days after the date of such decision
and a formal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim, dispute or other matter in accordance with applicable
Laws and Regulations within sixty days of the date of such
decision, unless otherwise agreed in writing by OWNER and
CONTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11. ENGINEER will not show partiality
to OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9.1% with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.15) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim, dispute or other matter pursuant to Article 16.
9.13. finuoshonns on ENGINEER's Audrwity and Retpontibiliiies.'
9.13.1. Neither ENGINEER's authority or responsibil-
ity under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
or responsibility or the undertaking, exercise or performance
of any authority or responsibility by ENGINEER shall
create, impose or giverise to any duty owed by ENGINEER
to CONTRACTOR. any Subcontractor, any Supplier, any
other person or organization. or to any surety for or em-
ployee or agent of any of them.
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9.13.2. ENGINEER will not supervise, direct, control
or have authority over or be responsible for CONTRAC-
TOR's means, methods, techniques, sequences or proce-
dures of construction, or the safety precautions and pro-
grams incident thereto, or for any failure of CONTRACTOR
to comply with Laws and Regulations applicable to the
furnishing or performance of the Work. ENGINEER will not
be responsible for CONTRACTOR'S failure to perform or
furnish the Work in accordance with the Contract.Docu-
ments.
19.13.3.. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any Subcontractor,
any Supplier, or of any other person or organization perform-
ing or furnishing any of the Work.
9.13.4. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and approvals and
Other documentation required to be delivered by paragraph
14.12 will only be to determine generally that their content
complies with the requirements of. and in the case of
certificates of inspections, tests and approvals that the
results certified indicate compliance with, the Contract Doc-
uments.
9.13.5. The limitations upon authority and responsibility
set forth in this paragraph 9.13 shall also apply to ENGI-
NEER's Consultants, Resident Project Representative and
assistants.
ARTICLE 10 --CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions or revisions in the Work.
Such additions, deletions or revisions will be authorized by
a Written Amendment, a Change Order, or a Work Change
Directive. Upon receipt of any -such document, CONTRAC-
TOR shall promptly proceed with the Work involved which
will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically pro-
vided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent, if any, of an adjustment in the Contract Price
or an adjustment of the Contract Times that should be allowed
as a result of a Work Change Directive, a claim may be made
therefor as provided in Article II or Article 12.
10.3. CONTRACTOR shall not be entitled to an increase in
the Contract Price or an extension of the Contract Times with
respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case of an
emergency as provided in paragraph 6.23 or in the case of
uncovering Work as provided in paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execute appro-
priate Change Orders recommended by ENGINEER (or Writ-
ten Amendments) covering:
10.4.1. changes in the Work which are (i) ordered by
OWNER pursuant to paragraph 10.1, (ii) required because of
acceptance of defective Work under paragraph 13.13 or
correcting defective Work under paragraph 13.14, or (iii)
agreed to by the parties;
10.4.2. changes in the Contract Price or Contract Times
which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract Times
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.11;
provided that, in lieu of executing any such Change Order, an
appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, CON-
TRACTOR shall carry on the Work and adhere to the progress
schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope of
the Work or the provisions of the Contract Documents (includ-
ing, but not limited to, Contract Price or Contract Times) is
required by the provisions of any Bond to be given to a surety,
the giving of any such notice will be CONTRACTOR'S respon-
sibility, and the amount of each applicable Bond will be
adjusted accordingly.
Addition see Sc 10,6
ARTICLE I I —CHANGE OF CONTRACT PRICE
I L I. The Contract Price constitutes the total compensa-
tion (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties, responsibili-
ties and obligationsassigned to or undertaken by CONTRACTOR
shall be at CONTRACTOR's expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an adjust-
ment in the Contract Price shall be based on written notice
delivered by the party making the claim to the other party and
to ENGINEER promptly (but in no event later than thirty
days) after the start of the occurrence or event giving rise to the
claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be delivered
within sixty days after the start of such occurrence or event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that
the adjustment claimed covers all known amounts to which the
claimant is entitled as a result of said occurrence or event. All
claims for adjustment in the Contract Price shall be determined
by ENGINEER in accordance with paragraph 9.11 if OWNER
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an'adjustment in the Contract Price will
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be valid if not submitted in accordance with this paragraph
11.2.
11.3. The value of any Work covered by a Change Order or
of any claim for an adjustment in the Contract Price will be
determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1 through
11.9.3, inclusive);
11.3.2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a mutually
agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph 11.3.2. on the
basis of the Cost of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for
overhead and profit (determined as provided in paragraph
11.6).
Cod of the work.
11.4. The term Cost of the Work means the sum of all costs
necessarily inured and paid by CONTRACTOR in the proper
performance of the Work. Except as otherwise may be agreed
to in writing by OWNER, such costs shall be in amounts no
higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the
costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER and
CONTRACTOR. Such employees shall include without lim-
itation superintendents, foremen and other personnel em-
ployed full- time at the site. Payroll costs for employees not
employed full time on the Work shall be apportioned on the
basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages plus the
cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, work-
ers' compensation, health and retirement benefits, bonuses,
sick leave. vacation and holiday pay applicable thereto. The
expenses of performing Work after regular working hours,
on Saturday, Sunday or legal holidays, shall be included in
the above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and
incorporated in the Work, including costs of transportation
and storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to
CONTRACTOR unless OWNER deposits funds with CON-
TRACTOR with which to make payments, in which case the
cash discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER, and CON-
TRACTOR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
contractors for Work performed or furnished by Subcontrac-
tors. If required by OWNER. CONTRACTOR shall obtain
competitive bids from subcontractors acceptable to OWN ER
and CONTRACTOR and shall deliver such bids to OWNER
who will then determine, with the advice of ENGINEER,
which bids, if any, will be accepted. If any subcontract
provides that the Subcontractor is to be paid on the basis of
Cost of the Work Plus a fee, the Subcontractor's Cost of the
Work and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided in
paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall
be subject to the other provisions of the Contract Documents
insofar as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories, survey-
ors, attorneys and accountants) employed for services spe-
cifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation,
travel and subsistence expenses of CONTRACIOR's em-
ployees inured in discharge of duties connected with the
Work.
11.4.5.2. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and
hand tools not owned by the workers, which are con-
sumed in the performance of the Work, and cost less
market value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental agree-
ments approved by OWNER with the advice of ENGI-
NEER, and the costs of transportation, loading, unload-
ing, installation, dismantling and removal thereof all in
accordance with the terms of said rental agreements. The
rental of any such equipment, machinery or pars shall
cease when the use thereof is no longer necessary for the
Work.
11.4.5.4. Sales, consumer, use or similar taxes related
to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
11.455. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
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11.4.5.6. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by CONTRACTOR in
connection with the performance and furnishing of the
Work (except losses and damages within the deductible
amounts of property insurance established by OWNER in
accordance with paragraph 5.9), provided they have re -
suited from causes other than the negligence of CON-
TRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable. Such losses shall include settle-
ments made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRACTOR's fee. If, however, any such
loss or damage requires reconstruction and CONTRAC-
TOR is placed in charge thereof, CONTRACTOR shall be
paid for services a fee proportionate to that stated in
paragraph 11.6.2. 1
11.4.5.7. The cost of utilities, fuel and sanitary facili-
ties at the site.
11.4.5.8. Minor expenses such as telegrams, long dis-
tance telephone calls, telephone service at the site, ex-
pressage and similar petty cash items in connection with
the Work.
11.4.5.9. Cost of premiums for additional Bonds and
insurance required because of changes in the Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partnership
and sole proprietorships), general managers, engineers, ar-
chitects, estimators, attorneys, auditors, accountants, pur-
chasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR's principal or a
branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job
Classifications referred to in paragraph 11.4.1 or specifically
covered by Paragraph 11.4.4 —all of which are to be consid-
ered administrative costs covered by the CONTRACTOR's
fee. '
11.5.2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the site.
11.5.3. Any par of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed for
the Work and charges against CONTRACTOR for delin-
quent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same
(except for the cost of premiums covered by subparagraph
11.4.5.9 above).
11,5.5. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor, or anyone directly or indi-
rectly employed by any of them or for whose acts any
of them may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly supplied and making good any
damage to property.
• Other overhead or general expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and 11.4.2, the CONTRACTOR's fee shall be fifteen
percent;
11.6.2.2. for costs incurred under paragraph 11.4.3,
the CONTRACTOR's fee shall be five percent;
11.6.2.3. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no fixed fee
is agreed upon, the intent of paragraphs 11.4.1, 11.4.2,
11.4.3 and 11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier, will be
paid a fee of fifteen percent of the costs incurred by such
Subcontractor under paragraphs 11.4.1 and 11.4.2 and that
any higher tier Subcontractor and CONTRACTOR will
each be paid a fee of five percent of the amount paid to the
next lower tier Subcontractor;
11.6.2.4. no fee shall be payable on the basis of costs
itemized under paragraphs 11.4.4, 11.4.5 and 11.5;
11.6.2.5. the amount of credit to be allowed by CON-
TRACTOR to OWNER for any change which results in a
net decrease in cost will be the amount of the actual net
decrease in cost plus a deduction in CONTRACTOR's fee
by an amount equal to five percent of such net decrease;
and
11.6.2.6. when both additions and credits are involved
in any one change, the adjustment in CONTRACTOR's
fee shall be computed on the basis of the net change in
accordance with paragraphs 11.6.2.1 through 11.6.23,
inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraphs 11.4 and 11.5. CONTRACTOR will
establish and maintain records thereof in accordance with
generally accepted accounting practices and submit in form
acceptable to ENGINEER an itemized cost breakdown to-
gether with supporting data.
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11.8. It is understood that CONTRACTOR has included in
the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agrees that:
11.8.1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials and
equipment required by the allowances to be delivered at the
site, and all applicable taxes: and
11.8.2. CONTRACTOR's costs for unloading and han-
dling on the site, labor, installation costs, overhead, profit
and other expenses contemplated for the allowances have
been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly
adjusted.
11.9. Unit PriceWork:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work. initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the established unit
price for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and classifica-
tions of Unit Price Work performed by CONTRACTOR will
be made by ENGINEER in accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover C0NTRAC.'IOR's overhead and profit for each sepa-
rately identified item.
Replace 11.93 with SC 11.9.3
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contract Price in accordance with
Article II if:
11.9.3.1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and sig-
nificantly from the estimated quantity of such item indi-
cated in the Agreement; and
11.9.3.2. there is no corresponding adjustment with
respect to any other item of Work: and
11.9.3.3. if CONTRACTOR believes that CONTRAC-
TOR is entitled to an increase in Contract Price as a result
of having incurred additional expense or OWNER be-
lieves that OWNER is entitled to a decrease in Contract
Price and the parties are unable to agree as to the amount
of any such increase or decrease.
ARTICLE 12 -CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment of the Contract Times (or Milestones)
shall be based on written notice delivered by the party making
the claim to the other party and to ENGINEER promptly (but
in no event later than thirty days) after the occurrence of the
event giving rise to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting
data shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGI-
NEER in accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted in accordance with the requirements of this
paragraph 12.1.
12.2. All time limits stated in the Contract Documents are
of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of CONTRAC-
TOR. the Contract Times (or Milestones) will be extended in an
amount equal to the time lost due to such delay if a claim is
made therefor as provided in paragraph 12.1. Delays beyond
the control of CONTRACTOR shall include, but not be limited
to, acts or neglect by OWNER, acts or neglect of utility owners
or other contractors performing other work as contemplated by
Article 7. fires, floods, epidemics. abnormal weather condi-
tions or acts of God. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy for
such delay. In no event shall OWNER be liable to CONTRAC-
TOR. any Subcontractor, any Supplier, any other person or
organization. or to any surety for or employee or agent of any
of them, for damages arising out of or resulting from (i) delays
caused by or within the control of CONTRACTOR. or (ii)
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delays beyond the control of both parties including but not
limited to fires, foods, epidemics, abnormal weather condi-
tions, acts of God or acts or neglect by utility owners or
other contractors performing other work as contemplated by
Article 7.
ARTICLE 13 —TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.1. Notice of Defects: Prompt notice of all defective
Workof which OWNER or ENGINEER have actual knowl-
edge will be given to CONTRACTOR. All defective Work
may be rejected. corrected or accepted as provided in this
Article 13.
Access so War*:
13.2. OWNER, ENGINEER. ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories and governmental agencies with jurisdic-
tional interests will have access to the Work at reasonable times
for their observation, inspecting and testing. CONTRACTOR
shall provide them proper and safe conditions for such access
and advise them of CONTRACTOR's site safety procedures
and programs so that they may comply therewith as applicable.
Test, and InspecOotu: ..
13.3. CONTRACTOR shall give ENGINEER timely no-
tice of readiness of the Work for all required inspections, tests
or approvals, and shall cooperate with inspection and testing
personnel to facilitate required inspections or tests.
Replacement with SC 13.3
13.4. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections, tests,
or approvals required by the Contract Documents except:
Replacement with SC 13.4
13.4.1. for inspections, tests or approvals covered by
Paragraph 13.5 below;
13.4.2. , that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.9 below
shall be paid as provided in said paragraph 13.9: and
13.4.3. as otherwise specifically provided in the Con-
tract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or par thereof) specifically to be
inspected, tested or approved by an employee or other repre-
sentative of such public body, CONTRACTOR shall assume
full responsibility for arranging and obtaining such inspections,
tests or approvals, pay all costs in connection therewith, and
furnish ENGINEER the required certificates of inspection, or
approval. CONTRACTOR shall also be responsible for arrang-
ing and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work, or of materials, mix designs, or
equipment submitted for approval prior to CONTRACTOR's
purchase thereof for incorporation in the Work.
13.6. if any Work (or the work of others) that is to be
inspected, tested or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if re-
quested by ENGINEER, be uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6 shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR'S inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
Unco►eriag Watt..
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13.8. If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's re-
quest, shall uncover, expose or otherwise make available for
observation, inspection or testing as ENGINEER may require,
that portion of the Work in question, furnishing all necessary
labor, material and equipment. If it is found that such Work is
defective, CONTRACTOR shall pay all claims, costs, losses
and damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing and
of satisfactory replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of others);
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof. may make a claim therefor as provided in
Article II. If. however, such Work is not found to be defective,
CONTRACTOR shall be allowed an increase in the Contract
Price or an extension of the Contract Times (or Milestones), or
both, directly attributable to such uncovering, exposure, ob-
servation, inspection, testing, replacement and reconstruction;
and, if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or equip-
ment, or fails to furnish or perform the Work in such a way that
the completed Work will conform to the Contract Documents.
OWNER may order CONTRACTOR to stop the Work, or any
portion thereof, until the cause for such order has been
eliminated; however, this right of OWNER to stop the Work
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shall not give rise to any duty on the part of OWNER to
exercise this right for the benefit of CONTRACTOR or any
surety or other party.
Careedon a Remord of DefeeBS wont
13.11. If required by ENGINEER. CONTRACTOR shall
promptly, as directed, either correct all defective Work, whether
or not fabricated, installed or completed, or, if the Work has
been rejected by ENGINEER, remove it from the site and
replace it with Work that is not defective. CONTRACTOR shall
pay all claims, costs, losses and damages caused by or resulting
from such correction or removal (including but not limited to all
costs of repair or replacement of work of others).
13.12. Carecdoa Pbiod:
13.12.1. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract Doc-
uments or by any specific provision of the Contract Docu-
ments. any Work is found to be defective. CONTRACTOR
shall promptly, without cost to OWNER and in accordance
with OWNER's written instructions: (i) correct such defec-
tive Work, or, if it has been rejected by OWNER, remove it
from the site and replace it with Work that is not defective,
and (ii) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. If CONTRACTOR does not promptly comply
with the terms of such instructions, or in an emergency
where delay would cause serious risk of loss or damage.
OWNER may have the defective Work corrected or the
rejected Work removed and replaced. and all claims, costs,
losses and damages caused by or resulting from such re-
moval and replacement (including but not limited to all costs
of repair or replacement of work of others) will be paid by
• CONTRACTOR.
13.12.2. In special circumstances where a particular item
of equipment is placed in continuous service before Substan-
tial Completion of all the Work, the correction period for that
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
• ' 13.12.3. Where defective Work (and damage to other
Work resulting therefrom) has been corrected, removed or
replaced under this paragraph 13.12. the correction period
' hereunder with respect to such Work will be extended for an
additional period of one year after such correction or re-
moval and replacement has been satisfactorily completed.
Acceptance of Defn*re Wont:
13.13. If, instead of requiring correction or removal and
replacement of defective Work. OWNER (and. prior to ENGI-
NEER's recommendation of final payment. also ENGINEER)
prefers to accept it, OWNER may do so. CONTRACTOR shall
pay all claims, costs, losses and damages attributable to
OWNER's evaluation of and determination to accept such
defective Work (such costs to be approved by ENGINEER as
to reasonableness). If any such acceptance occurs prior to
ENGINEER's recommendation of final payment. a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work: and OWNER
shall be entitled to an appropriate decrease in the Contract
Price, and, if the parties are unable to agree as to the amount
thereof. OWNER may make a claim therefor as provided in
Article I1. If the acceptance occurs after such recommenda-
tion, an appropriate amount will be paid by CONTRACTOR to
OWNER.
OWNER May Coned Defective Work
13.14. if CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.1 1, or if CON-
TRACTOR fails to perform the. Work in accordance with the
Contract Documents, or if CONTRACTOR fails to comply
with any other provision of the Contract Documents. OWN ER
may, after seven days' written notice to CONTRACTOR.
correct and remedy any such deficiency. In exercising the
rights and remedies under this paragraph OWNER shall pro-
ceed expeditiously. In connection with such corrective and
remedial action. OWNER may exclude CONTRACTOR from
all or part of the site, take possession of all or part of the Work,
and suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's toolsr appliances. construc-
tion equipment and machinery at the site and incorporate in the -
Work all materials and equipment stored at the site or for which
OWNER has paid CONTRACTOR' but which are stored
elsewhere. CONTRACTOR shall allow OWNER. OWNER's
representatives, agents and employees. OWNER's other con-
tractors and ENGINEER and ENGINEER's Consultants ac-
cess to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims, costs, losses and
damages incurred or sustained by OWNER in exercising such
rights and remedies will be charged against CONTRACTOR
and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work:
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof. OWNER may make a claim therefor as
provided in Article ii. Such claims, costs, losses and damages
will include but not be limited to all costs of repair or replace-
ment of work of others destroyed or damaged by correction.
removal or replacement of CONTRACTOR's defective Work.
CONTRACTOR shall not be allowed an extension of the
Contract Times (or Milestones) because of any delay in the
performance of the Work attributable to the exercise by O W N E R
of OWNER'S rights and remedies hereunder.
ARTICLE 14 —PAYMENTS TO CONTRACTOR AND
COMPLETION
Schelde of Ydan:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments and
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will be incorporated into a form of Application for Payment
acceptable to ENGINEER. Progress payments on account of
Unit Price Work will be based on the number of units com-
pleted.
Replacement with SC 14.2
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the date
of the Application and accompanied by such supporting
documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equip-
ment not incorporated in the Work but delivered and suitably
stored at the site or at another location agreed to in writing.
the Application for Payment shall also be accompanied by a
bill of sale, invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of all Liens and evidence that the materials and
equipment are covered by appropriate'property insurance
and other arrangements to protect O WNER's interest therein,
all of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
CONTRAC7OR's Warrmuy of Tide:
14.3. CONTRACTOR warrants and guarantees that title to
all Work, materials and, equipment covered by any Application
for Payment, whether incorporated in the Project or not, will
pass to OWNER no later than the time of payment free and
clear of all Liens.
Review of Applications for Progress Payment.
Revision see SC 14.4
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and- present the Application to
OWNER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to recom-
mend payment. In the latter case, CONTRACTOR. may make
the necessary corrections and resubmit the Application. Ten
days after presentation of the Application for Payment to
OWNER with ENGINEER's recommendation, the amount
recommended will (subject to the provisions of the last sen-
tence of paragraph 14.7) become due and when due will be paid
by OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment re-
quested in an Application for Payment will constitute a repre-
sentation by ENGINEER to OWN ER, based on ENGINEER's
on -site observations of the executed Work as an experienced
and qualified design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and
schedules, that to the best of ENGINEER's knowledge, infor-
mation and belief:
14.5.1. the Work has progressed to the point indicated,
14.5.2. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to an evalu-
ation of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents, to a final
determination of quantities and classifications for Unit
Price Work under paragraph 9.10. and to any other quali-
fications stated in the recommendation), and
14.53. the conditions precedent to CONTRACTOR's
being entitled to such payment appear to have been
fulfilled in so far as it is ENGINEER's responsibility to
observe the Work.
However, by recommending any such payment ENGINEER
will not thereby be deemed to have represented that: (i)
exhaustive or continuous on -site inspections have been made
to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or (ii) that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or entitle OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment, in-
cluding final payment, shall not mean that ENGINEER is
responsible for CONTRACIDR's means, methods, techniques,
sequences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of Work, or for any
failure of CONTRACTOR to perform or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole or
any pan of any payment if. in ENGINEER's opinion, it would
be incorrect to make the representations to OWNER referred
to in paragraph 14.5. ENGINEER may also refuse to recom-
mend any such payment, or. because of subsequently discov-
ered evidence or the results of subsequent inspections or tests.
nullify any such payment previously recommended, to such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
tive Work or complete Work in accordance with paragraph
13.14, or
14.7.4. ENGINEER has actual knowledge of the oc-
currence of any of the events enumerated in paragraphs
15.2.1 through 15.2:4 inclusive.
OWNER may refuse to make payment of the full. amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTORS performance or furnishing of
the Work,
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14.7.6. Liens have been filed in connection with the
Work, except where_ CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens.
14.7.7. there are other items entitling OWNER to a
set-off against the amount recommended. or
14.7.8. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4
inclusive;
but OWNER must give CONTRACTOR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld, or any adjustment thereto agreed to by OWNER and
CONTRACTOR. when CONTRACTOR corrects to OWN -
ER's satisfaction the reasons for such action.
.. ,
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify OWNER
and ENGINEER in writing that the entire Work is substantially
complete (except for items specifically listed by CONTRAC-
TOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time
thereafter. OWNER. CONTRACTOR and ENGINEER shall
make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work sub-
stantially complete. ENGINEER will notify CONTRACTOR
in writing giving the reasons therefor. If ENGINEER considers
the Work substantially complete. ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Com-
pletion which shall fix the date of Substantial Completion.
There shall be attached to the certificate a tentative list of items
to be completed or corrected before final payment. OWNER
shall have seven days after receipt of the tentative certificate
during which to make written objection to ENGINEER as to
any provisions of the certificate or attached list. If. after
considering such objections. ENGINEER concludes that the
Work is not substantially complete. ENGINEER will within
fourteen days after submission of the tentative certificate to
OWNER notify CONTRACTOR in writing. stating the reasons
therefor. If. after consideration of OWNER'S objections. EN-
GINEER considers the Work substantially complete. ENGI-
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub-
stantial Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time of
delivery of the tentative certificate of Substantial Completion
ENGINEER wig deliver to OWNER and CONTRACTOR a
written recommendation as to division of responsibilities pend-
ing final payment between OWNER and CONTRACTOR with
respect to security, operation. safety, maintenance, heat, utili-
ties. insurance and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER's issuing the
definitive certificate of Substantial Completion. ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRAC-
TOR from the Work after the date of Substantial Completion.
but OWNER shall allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
14.10. Use by OWNER at OWNER's option of any sub-
stantially completed part of the Work which: (i) has specifically
been identified in the Contract Documents, or (ii) OWNER.
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately functioning and usable part of the Work that can be used
by OWNER for its intended purpose without significant inter-
ference with CONTRACTOR'S performance of the remainder
of the Work. may be accomplished prior to Substantial Com-
pletion of all the Work subject to the following:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees that such part of the Work is substan-
Bally complete. CONTRACTOR will certify to OWNER
and ENGINEER that such part of -the Work is substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACIOR consider
any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the
Work. Within a'reasonable time after either such request.
OWNER. CONTRACTOR and ENGINEER shall make
an inspection of that part of the Work to determine its
status of completion. If ENGINEER does not consider
that part of the Work to be substantially complete. ENGI-
NEER will notify OWNER and CONTRACTOR in writ-
ing giving the reasons therefor. If ENGINEER considers
that part of the Work to be substantially complete. the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that
part of the Work and the division of responsibility in
respect thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Find Irrspecaon.•
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
39
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as aneneceasary to complete such Work or
remedy such deficiencies -
Fine► Appheaeon for Paymatr:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees. Bonds. certifi-
cates or other evidence of insurance required by paragraph 5.4,
certificates of inspection, marked -up record documents (as
provided in paragraph 6.19) and other documents. CONTRAC-
TOR may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered
by: (1) all documentation called for in the Contract Documents.
including but not limited to the evidence of insurance required
by subparagraph 5.4.13, (ii) consent of the surety. if any. to final
payment, and (iii) complete and legally effective releases or
waivers (satisfactory to OWNER) of all Liens arising out of or
filed in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER. CONTRAC-
TOR may furnish receipts or releases in full and an affidavit of
CONTRACTOR that: (i) the releases and receipts include all
labor, services, material and equipment for which a Lien could
be filed. and (ii) all payrolls, material and equipment bills and
other indebtedness connected with the Work forwhich OW NER
or OWNER'S property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full.
CONTRACTOR may'fumish a Bond or other collateral satis-
factory to OWNER to indemnify OWNER against any Lien.
Find Pbymem and Acceptance:
14.13. If. on the basis of ENGINEER's observation of the
Work during construction and final inspection, and ENGI-
NEER's review of the final Application for Payment and
accompanying documentation as required by the Contract
Documents, ENGINEER is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the
Contract Documents have been fulfilled. ENGINEER will.
within ten days after receipt of the final Application for
Payment, indicate in writing ENGINEER's recommendation
of payment and present the Application to OWNER for pay-
ment. At the same time ENGINEER will also give written
notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of paragraph 14.15. Oth-
erwise. ENGINEER will return the Application to CON-
TRACTOR, indicating in writing the reasons for refusing to
recommend final payment, in which case CONTRACTOR shall
make the necessary corrections and resubmit the Application.
Thirty days after the presentation to OWNER of the Applica-
tion and accompanying documentation, in appropriate form
and substance and with ENGINEER's recommendation and
notice of acceptability, the amount recommended by ENGI.
NEER will become due and will be paid by OWNER to
CONTRACTOR.
14.14. If, through no fault of CONTRACTOR. final com-
pletion of the Work is significantly delayed and if ENGINEER
so confirms. OWNER shall, upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENGI-
NEER. and without terminating the Agreement, make pay-
ment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is less than
the retainage stipulated in the Agreement, and if Bonds have
been furnished as required in paragraph 5.1, the written con-
sent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the Appli-
cation for such payment. Such payment shall be made under
the terms and conditions governing final payment.- except that
it shall not constitute a waiver of claims.
Waiver of Claims:
_ 14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled Liens.
from defective Work appearing after final inspection pursu-
ant to paragraph 14.11. from failure to comply with the
Contract Documents or the terms of any special guarantees
specified therein, or from CONTRACTOR's continuing ob-
ligations under the Contract Documents: and
14.15.2. a waiver of all claims by CONTRACTOR against
OWNER other than those previously made in writing and
still unsettled.
ARTICLE 15 —SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. At any time and without cause. OWNER may sus-
pend the Work or any portion thereof for a period of not more
,than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will he
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an adjustment in the
Contract Price or an extension of the Contract Times, or both.
directly attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles II
and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
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15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents (in-
cluding, but not limited to. failure to supply sufficient skilled
workers or suitable materials or equipment or failure to
adhere to the progress schedule established under paragraph
2.9 as adjusted from time to time pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or Regula-
tions of any public body having jurisdiction:
15.2.2. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any sub-
stantial way any provisions of the Contract Documents;
OWNER may, after giving CONTRACTOR (and the surety.
if any,) seven days' written notice and to the extent permit-
ted by Laws and Regulations, terminate the services of
CONTRACTOR, exclude CONTRACTOR from the site and
take possession of the Work and of all CONTRACTOR's
tools. appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materi-
als and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
and finish the Work as OWNER may deem expedient. In
such case CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims; costs,
losses and damages sustained by OWNER arising out of or
resulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims, costs, losses and dam-
ages exceed such unpaid balance. CONTRACTOR shall pay
the difference to OWNER. Such claims, costs, losses and
damages incurred by OWNER will be reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order, provided that
when exercising any rights or remedies under this paragraph
OWNER shall not be required to obtain the lowest price for
the Work performed.
15.3. Where CONTRACTOR's services have been so ter-
minated by OWNER, the termination will not affect any rights
or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of
moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRACTOR
and ENGINEER. OWNER may, without cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the Agreement. In such case. CONTRACTOR shall
be paid (without duplication of any items):
15.4.1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the effec-
tive date of termination, including fair and reasonable sums
for overhead and profit on such Work;
15.4.2. for expenses sustained prior to the effective date
of termination in performing services and furnishing labor.
materials or equipment as required by the Contract Docu-
ments in connection with uncompleted Work, plus fair and
reasonable sums for overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages incurred
in settlement of terminated contracts with Subcontractors.
Suppliers and others; and
15.4.4. for reasonable expenses directly attributable to
termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such termination.
CONTRACTOR May Slop Work or Teinunate:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public author-
ity, or ENGINEER fails to act on any Application for
Payment within thirty days after it is submitted or OWNER
fails for thirty days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER,
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the Agree-
ment and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating the
Agreement and without prejudice to any other right or
remedy. if ENGINEER has failed to act on an Application
for Payment within thirty days after it is submitted, or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to be due. CONTRACTOR may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions
of this paragraph .15.5 are not intended to preclude CON-
TRACTOR from making claim under Articles II and 12 for
an increase in Contract Price or Contract Times or otherwise
for expenses or damage directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE 16 —DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR have
agreed on the method and procedure for resolving disputes
between them that may arise under this Agreement. such
dispute resolution method and procedure, if any, shall be as set
forth in Exhibit GC -A, "Dispute Resolution Agreement, ' to be
attached hereto and made a part hereof. If no such agreement
on the method and procedure for resolving such disputes has
been reached, and subject to the provisions of paragraphs 9.10,
9.11. and 9.12, OWNER and CONTRACTOR may exercise
Li
41
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any dispute.
ARTICLE I7 —MISCELLANEOUS
Giving Notice.
17.1. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered or
certified [nail, postage prepaid, to the last business address
known to the giver of the notice.
CoiPromion of Times:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last day
of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a day.
Nonce of Cfaim.
17.3. Should OWNER or CONTRACPOR suffer injury or
damage to person or property because of any error, omission or
act of the other party or of any of the other party's employees
or agents or others for whose acts the other party is legally
liable, claim will be made in writing to the other party within a
reasonable time of the first observance of such injury or
damage. The provisions of this paragraph 17.3 shall not be
construed as a substitute for or a waiver of the provisions of
any applicable statute of limitations or repose.
Cwnalagve Remedies:
17.4. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder to
the parties hereto, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon CON-
TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1,
13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies
available to OWNER and ENGINEER thereunder, are in
addition to. and are not to be construed in any way as a
limitation of, any rights and remedies available to any or all of
them which are otherwise imposed or available by Laws or
Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of
this paragraph will be as effective as if repeated specifically in
the Contract Documents in connection with each particular
duty, obligation, right and remedy to which they apply.
Professional Fees and Courr Coss lncfuded:
17.5. Whenever reference is made to "claims, costs, losses
and damages," it shall include in each case, but not be limited
to. all fees and charges of engineers, architects, attorneys and
other professionals and all court or arbitration or other dispute
resolution costs.
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SUPPLEMENT TO THE GENERAL CONDITIONS
The following Supplementary Conditions amend or supplement the Standard General
Conditions of the Construction Contract (EJCDC No. 1910-8, 1990 Edition) and
other provisions of the Contract Documents as indicated below. All provisions
which are not so amended or supplemented remain in full force and effect.
SC -1 Definitions and Abbreviations:
In addition to the provisions of Article 1, the following supplemental
definitions apply:
"Owner" shall mean the City of Fayetteville, Arkansas, acting thorough its duly
authorized representatives. Address - City of Fayetteville, 113 West Mountain,
Fayetteville, AR 72701.
"Engineer" shall mean the City of Fayetteville Engineering Division (telephone
501-575-8206). Note "OWNER", "ENGINEER" and "OWNER and ENGINEER" may be used
interchangeably.
"Resident Project Representative" shall be the authorized representative of the
"Engineer".
"Surety" or "sureties" shall mean the bondsmen or party or parties who have made
the fulfillment of the contract by bonds, and whose signatures are attached to
such bonds.
"Advertisement" shall mean the all legal publications pertaining to the work of
this contract.
"Plans" shall mean, collectively, all of the drawings pertaining to the contract
and made a part thereof, and also such supplementary drawings as the Engineer may
issue from time to time in order to clarify the drawings, or for the purpose of
showing changes in the work as authorized under the section "Modifications and
Alterations," or for the showing of details which are not shown thereon.
"Grade" as used in these specifications shall mean and indicate the established
elevations of the paving, flow lines of sewers and other appurtenances as shown
on the plans on file in the Engineer's office.
Whenever the following abbreviations are used, they shall have the corresponding
meaning as shown below:
AASHTO
- American
Association of State Highway Officials
ACI
_ American
Concrete Institute
'
AGA
American
Gas Association
AHTD
- Arkansas
Highway and Transportation Department
ASHTD
- Arkansas
Highway and Transportation Department
AISC
American
Institute of Steel Construction
ANSI
_
American
National Standards Institute
APA
- American
Plywood Association
ASA
- American
Standards Association
ASTM
_ American
Society for Testing Materials
'
AWG
American
Wire Gage
AWPA
- American
Wood Products Association
AWS
- American
Welding Society
AWWA
_ American
Water Works Association
GSA
General Services Administration, U.S. Government
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NHBA
-
National Builders Hardware Association
NEC
-
National Electric Code
NEMA
-
National Electric Manufactures Association
NFPA
-
National Fire Protection Association
NPT
-
National Pipe thread
SEC
-
Standard Building Code (also SSBC)
SPA
-
Southern Products Association
UL
-
Underwriters Laboratories
A
-
Ampere
cfm
-
cubic feet per minute
CGMP
-
corrugated galvanized metal pipe
DIP
-
ductile iron pipe
gpm
-
gallons per minute
Hp
-
horsepower
MGD
-
million gallons per day
N.C.
-
normally closed
N.O.
-
normally open
ppm
-
parts per million
psi
-
pounds per square inch
PVC
-
polyvinyl chloride (pipe)
R
-
motor starter relay
RCP
-
reinforced concrete pipe
rpm
-
revolutions per minute
T.D.
-
time delay
TDH
-
total dynamic head
V
-
volt
SC -2
Preliminary Matters
I.
Add the following to immediately follow paragraph 2.2 of the General Conditions.
SC -2.2 Conies of Documents:
Article 2.2 of the General Conditions shall be amended to read that Not less than
five (5) bound copies of the proposal, contract, and stipulations shall be
prepared and submitted to the OWNER for execution, each containing an exact copy
of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed
and the Contract signed by both parties thereto. However, the CONTRACTOR and the
surety executing the bond shall not date the contract or the bond upon submission
or execution by the OWNER. These documents will be dated the date the OWNER
executes the contract.
OWNER shall furnish to CONTRACTOR up to two (2) copies of the contract documents
as are reasonably necessary for the execution of the work. Additional copies
will be furnished, upon request, at the cost of reproduction.
SC 2.7. Furnishing of Insurance Data. Delete all references to OWNER supplied
and OWNER delivered insurance.
SC -5 Bonds and Insurance•
SC5.1 Performance. Payment and otherbonds:
Add the following new paragraphs immediately after paragraph 5.1 of the General
Conditions which reads as follows:
SCS.1.1 Resident Agent. The CONTRACTOR shall furnish performance and payment
bonds as provided for by Article - 5 of the General Conditions executed by a
resident local agent who is licensed by the Arkansas State Insurance Commissioner
to represent the surety company executing said bonds, and filing with such bonds
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' his power -of -attorney. The mere countersigning of the bonds by a resident agent
shall not be sufficient. No employers' liability, public liability or workmen's
collective insurance policy shall be written in any casualty company not
' authorized to do business in the State of Arkansas. These policies shall
likewise be issued by a resident local agent licensed by the Insurance Commission
of the State of Arkansas.
' SCS.1.2 Additional information. The Contractor shall provide the bonds as
described in these sections within ten (10) days after the receipt of the NOTICE
OF AWARD.
' For contracts in excess of $100,000.00 the bonds shall be issued by a bonding
company listed by the A.M. BEST Rating Book as follows:
(1) contracts in excess of $100,000.00, but less than $1,000,000.00 - "B+"
' rating or higher and contract amount may not exceed 2.0% of the policyholder's
surplus.
' (2) contracts in excess of $1,000,000.00 - "A" rating or higher and contracts
may not exceed 2.0% of the policyholder's surplus.
The expense of all bonds shall be borne by the CONTRACTOR.
Sc 5.2. Delete paragraph 5.2 of the General Conditions in its entirety and
replace with the following new paragraph 5.2:
' Sc 5.2. .If at any time a surety on any such bond is declared bankrupt or loses
its right to do business in the State of Arkansas or is removed from the above
list of surety companies, the CONTRACTOR shall within ten (10) days after notice
from the bond company that conditions are as described in this sentence and/or
after notice from the OWNER to do so, substitute an acceptable bond or bonds in
such form and sum and signed by other surety or sureties as may be satisfactory
to the OWNER. The, premiums on such bonds shall be paid by the CONTRACTOR. No
further payment shall be deemed due nor shall be made until the new surety or
sureties shall have furnished an acceptable bond to the OWNER.
SC -5.3 Licensed Sureties and Insurers; Certificates of Insurance.
SC5.3.1 Add the following new paragraph immediately after paragraph 5.3.1 of
the General Conditions which reads as follows:
The CONTRACTOR shall furnish performance and payment bonds as provided for by
Article 5 of the General Conditions executed by a resident local agent who is
licensed by the Arkansas State Insurance Commissioner to represent the surety
company executing said bonds, and filing with such bonds his power -of -attorney.
The mere countersigning of the bonds by a resident agent shall not be sufficient.
No employers' liability, public liability or workmen's collective insurance
policy shall be written in any casualty company not authorized to do business in
the State of Arkansas. These policies shall likewise be issued by a resident
local agent licensed by the Insurance Commission of the State of Arkansas.
SCS.3.2 Delete the second sentence of paragraph 5.3.2 ("OWNER shall deliver to
Contractor. . .") in its entirety.
SC5.4. CONTRACTOR'S Liability Insurance:
' Add the following paragraphs immediately after the respective paragraphs
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contained in paragraph 5.4 of
SC. 4.14
The limits for liability for
General Conditions shall provi
or the greater where required
Workers Compensation:
the General Conditions:
the insurance required by paragraph 5.4 of the
de coverage for not less than the following amounts
by law:
1) State: Statutory
2) Applicable Federal; Statutory
3) .Employer's Liability: $100,000.00 each occurrence
Comprehensive General Liability:
$1,000,000.00 Combined Single Limit
Policies will include premise/operations, products, completed operations,
independent contractors, explosions, collapse, underground hazard, Broad Form
contractual, personal injury, with employment exclusion deleted and broad form
property damage.
Comprehensive Automobile Liability
Bodily Injury:
$1,000,000.00
$2,000,000.00
Each person
Each occurrence
Property Damage:
$500,000.00 Each occurrence
or a combined single limit of $2,000,000.00.
SC5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General
Conditions in its entirety and insert the following in its place:
5_5. OWNER'S and ENGINEER'S Contingent Protective Liability Insurance.
The CONTRACTOR shall indemnify and hold harmless the OWNER and the ENGINEER and
their agents and employees from and against all losses and claims, demands,
payments, suits, actions, recoveries, judgements of every nature and description
brought or recovered against them by reason of omission or act of the CONTRACTOR,
his agent(s), employees, subcontractor, anyone -directly or indirectly employed
by any of them or anyone for whose acts any of them may be liable, in the
execution of the Work or guarding of it. The CONTRACTOR shall obtain in the name
of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall
maintain and pay the premiums for such insurance in an amount not less that
$2,000,000.00 for property damage and bodily injury limits, and with such
provisions as shall protect the OWNER and ENGINEER from contingent liability
under this contract.
SCS.6 Property Insurance.
Delete paragraph 5.6 of the General Conditions in its entirety and insert the
following in its place:
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5_6 Property Insurance. CONTRACTOR shall purchase and maintain until final
payment property insurance upon the Work at the site to the full insurable value
thereof (subject to deductible amounts as may be provided in these Supplementary
Conditions or required by Laws and Regulations) but not less than an amount equal
to the total bid price. This insurance shall include the interest of OWNER,
CONTRACTOR, Subcontractors, ENGINEER and ENGINEER'S consultants in the Work (all
of whom shall be listed as insured or additional insured parties), shall insure
against the perils of fire and extended coverage, shall include "all-risk"
insurance for physical loss and damage including theft, vandalism and malicious
mischief, collapse, flood, and water damage, and such other perils as may be
provided in these Supplementary Conditions, and shall include damages, losses and
expenses arising out of or resulting from any insured loss or incurred in the
repair or replacement of any insured property (including but not limited to the
fees and charges of engineers, architects, attorneys and other professionals).
If not covered under the "all-risk" insurance or otherwise provided in these
Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property
insurance on portions of the Work stored on and off the site or in transit when
such portions of the Work are to be included in an application for payment. The
polices of insurance required to be purchased and maintained by the CONTRACTOR
in accordance with this paragraph 5.6 will contain a provision or endorsement
that the coverage afforded will not be canceled or materially changed or renewal
refused until at least 30 days prior written notice has been given to the OWNER
by certified mail and will contain wavier provisions in accordance with General
Condition paragraph 5.11.2.
SCS.7 Delete paragraph 5.7 of the General Conditions in its entirety and
insert the following in its place:
SC5.7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss
during the course of the Contract. If, due to the nature of the Project,
insurance coverage other than that specified is needed by the CONTRACTOR to
protect the OWNER against all losses, the CONTRACTOR shall be responsible for the
determination of and procurement of any additional insurance needed.
SC5.8
Delete paragraph
5.8 of the General Conditions
in its entirety and
insert
the following in its
place:
Sc 5.8. Policies shall also specify that insurance provided by CONTRACTOR will
be considered primary and not contributory to any other insurance available to
the OWNER or the ENGINEER.
All polices will provide for 30 days written notice (certified mail shall be
required) prior to any cancellation or non -renewal of insurance policies required
under the Contract. Any such wording as "will endeavor" or "but failure to mail
such notice shall impose no obligation or liability of any kind upon the
Company..." shall be deleted from the certificates.
SCS.10. Delete paragraph 5.10 of the General Conditions in its entirety.
SCS.12.
Receipt and
Application of Proceeds.
Delete paragraph 5.12 of the
General
Conditions in
its entirety.
SC5.13. Delete paragraph 5.13 of the General Conditions in its entirety.
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Sc 6 - CONTRACTOR'S RESPONSIBILITIES ,
Sc 6.6 - Progress schedules.
Add a new paragraph 6..6.3, immediately following paragraph 6.6.2 which shall
read:
An updated schedule, in the format specified in the Technical Specifications,
shall be required with each submittal for progress payment by the CONTRACTOR.
Failure to provide an accurate schedule (and/or updated schedule) shall be reason
for OWNER to refuse progress payment to CONTRACTOR.
Sc 6.30 CONTRACTOR'S General Warranty and Guarantee
SC 6.30.3 - One Year Warranty.
Add a new paragraph 6.30.3 immediately following paragraph 6.30.2 which shall
read:
For a period of one year, or longer if specified by special guarantees or by law,
the Contractor shall- at the Contractor's expense make all repairs and
replacements necessitated by defects in the materials, workmanship or prosecution
of the Work supplied under this contract, and pay for any damage to other works
or property resulting from such defects. The Contractor shall hold the Owner
and Engineer harmless from any liability of any kind arising from said defects.
The effective date for the beginning of the one year warranty period will be as
decided by the Engineer and will be either the date of the Engineer's
recommendation for Final Payment in accordance with Article 14.13, Final Payment
and Acceptance, or the date of Substantial Completion as specified in Article
14.8.
The Contractor shall make all repairs or replacements promptly upon receipt of '
written order for the repairs or replacements from the Owner. If the Contractor
fails to make the repairs or replacements promptly, the Owner may perform the
work and the Contractor and the -Contractor's Surety shall be liable for all -costs
thereof.
SC 7 OTHER'WORK _
SC 7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after
paragraph 7.4 of the General Conditions which shall read as follows:
Sc 7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor (or separate party) at the site, or should any claim arising -out of
CONTRACTOR'S performance of the Work at the site be made by any separate
contractor (or separate party) against CONTRACTOR, OWNER or ENGINEER, or any such
person, CONTRACTOR shall promptly attempt to settle with such other separate
contractor (or separate party) by agreement or otherwise resolve the dispute by
arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by
Laws -and Regulations, indemnify and hold OWNER and ENGINEER harmless from and
against all claims, damages, losses and expenses (including, but not limited to,
fees and charges of engineers, architects, attorneys and other professionals and
court and arbitration costs) arising directly, indirectly or consequentially out
of any action, legal or equitable, brought by any separate contractor (or separate party) against OWNER or -ENGINEER to the extent based,on a claim arising
out of CONTRACTOR'S performance of the Work. Should a separate contractor (or
separate party) cause damage to the Work or property of CONTRACTOR or should the
performance of Work by any separate contractor (or separate party) at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal
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or equitable, against OWNER or ENGINEER or permit any action against them to be
maintained and continued in CONTRACTOR'S name for benefit in any court or before
any arbitrator which seeks to impose liability on, or recover damages from OWNER
or ENGINEER on account of such damage or claim. If CONTRACTOR is delayed at any
time in performing or furnishing Work by any act or neglect of a separate
contractor (or separate party) and OWNER and CONTRACTOR are unable to agree as
to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR
may make a claim for an Extension of Time in accordance with Article 12 of the
General Conditions. An extension of the Contract Time shall be the CONTRACTOR'S
exclusive remedy with respect tp OWNER and ENGINEER for any delay, disruption,
interference or hindrance caused by any separate contractor (or separate party).
This paragraph does not prevent recovery from OWNER or ENGINEER for activities
that are their respective contractual responsibilities.
SC -8 OWNER'S RESPONSIBILITIES
SC 8.5 - Delete paragraph 8.5 of the General Conditions in it's entirety.
SC 10 CHANGES IN THE WORK
Add a new paragraph 10.6 immediately following paragraph 10.5 of the General
Conditions to read:
10.6. Limits of Authority. CONTRACTOR shall note and abide by the following
OWNER'S and ENGINEER'S limits of authority for changes in the Work which require
a change in the Contract Price and Contract time.
Except in the case of extreme emergency to protect public safety, public welfare
or substantial Work, the following limits of Authority to the OWNER and ENGINEER
shall apply:
Engineer's Representative - No authority.
Engineer - No authority.
Mayor - $20,000.00 (Accumulative).
All accumulative changes which result in Contract Price changes in excess of
820,000.00 shall require the formal approval of the Fayetteville City Council.
SC 11 CHANGE OF CONTRACT PRICE.
SC 11.9. Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby
deleted in its entirety and the following is substituted in its place:
11.9.3 The unit price of an item of Unit Price Work shall be subject to
reevaluation and adjustment under the following conditions:
11.9.3.1 if the total cost of a particular item of Unit Price Work amounts to
25 percent or more of the Contract Price and the variation of the quantity of
that particular item of Unit Price Work performed by CONTRACTOR differs by more
than 25 percent from the estimated quantity of such item indicated in the
Agreement; and
11.9.3.2. if there is no corresponding adjustment with respect to any other item
of Work; and
11.9.3.3 if CONTRACTOR believe that it has incurred additional expense as a
result thereof; or _
7
11.9.3.4 if OWNER believes that the quantity variation entitles OWNER to an
adjustment in unit price; then
11.9.3.5 either OWNER or CONTRACTOR make a claim for and adjustment in the
Contract Price in accordance with Article 11 of the General Conditions if the
parties are unable to agree as to the effect(s) of any such variations in the
quantity of Unit Price Work performed. 1 .
SC -13 TESTS AND INSPECTIONS; CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK.
Sc 13.3 Tests and Inspections Paragraph 13.3 of the General Conditions is
hereby deleted in its entirety and the following is substituted in its place:
SC 13.3. CONTRACTOR shall give the ENGINEER proper notification as detailed
below and cooperate with the testing and inspection of the Work.
SC 13.3.1. All tests require a minimum notice of 24 hours. The 24 hours is
a minimum only, the exact time for testing and required inspections shall be
determined by the Engineer.
SC 13.3.2. All field tests required for a project shall be witnessed by the
City Engineering Division representatives in the presence of the ENGINEER and
CONTRACTOR, or their approved representatives.
SC .13.4 Paragraph 13.4 of the General Conditions is hereby deleted in its
entirety and the following substituted in its place:
SC 13.4. CONTRACTOR shall employ and pay for the services of an independent
testing laboratory to perform all tests as required by the Contract Documents.
CONTRACTOR shall be responsible for the cost of all equipment, materials, labor,
testing procedures and lab work for all tests as outlined in these
specifications. ENGINEER shall have the right to approve or reject CONTRACTOR'S
proposed lab based upon sound Engineering principles. Copies of all testing
reports must be forwarded directly to the Engineer by the testing laboratory.
OWNER shall provide all inspection services required by the Contract Documents
and normally associated with the diligent progress of the Work (Except as
detailed in paragraphs 13.4.1,2,3.) Prior to final acceptance by OWNER, the
project shall be subject to a final inspection by designated representatives of
the OWNER and CONTRACTOR.
ARTICLE 14 PAYMENT TO CONTRACTOR AND COMPLETION.
SC 14.2 Application for Progress Payment Paragraph 14.2 of the General
Conditions is hereby deleted in its entirety and the following substituted in its
place:
SC 14.2.1. Monthly estimates will be prepared to include all work accomplished
for the period ending the third Friday of each month; . or
SC 14.2.2. Progress payments will be prepared at regular intervals, as scheduled
by joint consent of the CONTRACTOR and the ENGINEER at the pre -construction
conference.
SC 14.2.3. The ENGINEER, based upon data gathered during the construction
process, will make an estimate of the value of the Work done and materials
furnished in place during the previous estimate period. The CONTRACTOR shall
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furnish to the ENGINEER such detailed information including invoices from
material suppliers as the ENGINEER may request to aid in the preparation of the
progress payment estimate. All payment requests are subject to retainage as
determined by the ENGINEER. Retainage shall be 10% of said estimate until 50%
of the work has been fully completed. At 50% completion, further partial
payments shall be made to the contractor in full with no additional retainage
unless the ENGINEER determines that the project is not progressing satisfactory,
in which case additional retainage may be retained to a maximum of 10%. When
the work is substantially completed, any retained amount may be paid to the
contractor except the OWNER shall retain an amount sufficient to cover any work
not yet completed. The release of retainage will be determined by the ENGINEER.
If the OWNER or ENGINEER shall at any time fail to make the CONTRACTOR a monthly
estimate at the time herein specified, such failure shall not be held to violate
or void the Contract. Note, the failure of the Contractor to provide an
accurate and current schedule update shall be reason to reject CONTRACTOR'S
request for progress payment.
SC 14.4. Review of Applications for Progress Payment
Delete the last sentence of paragraph 14.4 of the General Conditions and replace
with the following:
After the required internal reviews and processing by the City of Fayetteville,
the City will diligently proceed to make payment to the contractor, in accordance
with the approved payment request, within 30 days. All efforts will be made to
make payments within the 30 day period, but the City cannot guarantee the 30 days
maximum time.
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Section 100 GENERAL PROJECT REOUIREMENTSi
1, Scope of Work.
The work
shall be as shown upon.the
contract drawings and
defined within the
contract
specifications, referenced
AHTD Standard Drawings
and Specifications
and shall
include the furnishing of all materials, equipment,'tools, supplies,
plant, labor
and others as necessary
in the construction of
work generally as
follows:
All traffic control, trenching, water lines, service lines, appurtenances and
and other construction required for the water line replacements on Sheryl
from Oaks Manor to Rolling Hills, Bonnie Lane and Glenn Lane as shown in the
contract documents. _
No attempt has been made to segregate work to be performed by any trade or
subcontract. Any segregation between the trades or crafts will be solely a
matter for agreement between the Contractor, subcontractor, and their respective
employees.
The Specifications as a whole will govern the construction of the entire work.
The applicable provisions will govern work to be performed under each schedule.
2. Referenced AHTD Standard Specifications and Drawings.
The AHTD Standard Specifications contained in the Standard Specifications for
Highway Construction,' Edition of 1993, published by the Arkansas State Highway
Commission are hereby referenced and made a part of these Specifications.
These Specifications are available for inspection in the Engineer's office, or
may be obtained from the Arkansas State Highway Department, Little Rock,
Arkansas.
The AHTD Standard Specifications, and Standard Drawings when referenced in the
bid schedule shall be used as the Technical Specifications for this specific
project.
The Standard "Front-end" specifications, including the Advertisement for Bids,
Instructions to Bidders, Bid Proposal, Contract, General Conditions,
Supplemental Conditions, Performance and Payment Bonds and Section 100 - "General
Project Requirements" shall be as contained and shown in this specific set of
Contract documents and specifications.
All conflicts and discrepancies shall be resolved in the favor of the Contract
Documents and Specifications as written by the City of Fayetteville.
Special attention is directed to paragraph 28 - Testing - of this Section 100
for additional requirements for all tests.
3. Sequence of the Work and Contract Time.
After the contract bonds and certificates of insurance have been delivered to the
Owner, and the contract has been executed, the Engineer will issue a Notice To
Proceed in accordance with the General Specifications which shall designate the
date the contract will commence.
The Contractor shall complete the project within sixty (60) calendar days from
the date specified in the Notice To Proceed.
Additionally, the Contractor shall be responsible to submit a schedule of
construction, in accordance with the General and Supplemental specifications, and
Technical specification 100.05 "Schedules", which completely and clearly defines
the items of work.
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Section 100 page 1
' The Owner may require the Contractor to add to his plant, equipment, or
construction forces, as well as increase the working hours, if operations fall
behind the approved schedule to an extent that the completion of the work within
the specified time appears doubtful. ,
' If conditions beyond the control of the Contractor justify, and the Contracting
Authority approves an extension of contract time, the contractor shall revise the
construction schedule in accordance with the approved extension.
' 4. Submittals.
The following submittals shall be required for this specific project:
' a. Manufacturer's data for all pipe material, fittings, valves and fire
hydrants.
b. Schedules as noted in paragraph 5 below.
' 5. Schedules.
Before work is started, and in accordance with the General and Supplemental
Conditions, the Contractor under each schedule shall prepare a detailed schedule
of all construction operations that shall not only indicate the sequence of the
work, but also the time of starting and completion of each part. The schedule
shall be submitted to the Engineer for his approval.
For projects with a total estimated costs of up to $100,00.00 the Contractor
may submit a schedule(s) based upon bar charts, narrative or Critical Path
Network Diagram.
For Projects with a total estimated costs in excess of $100,000.00 the
Contractor shall submit the schedule(s) in the form of'a Critical Path
' Method (CPM) Network Diagram.
The contractor shall also be required to submit an. updated version of the
schedule(s) with each submission of a periodic payment request.
' An outline form of a proposed schedule is attached as appendix B. The contractor
may use this as the basis to develop the schedule for this project or prepare an
independent schedule for this project.
1 6. Lands and Rights of Ways.
'• The necessary rights -of -way and easements for the project and to carry out the
work along the project will be provided by the City of Fayetteville except for
restrictions as noted below. The contractor shall confine his construction
operations to the immediate vicinity of the locations shown on the plans and
'• shall use due care in placing construction tools, equipment, excavated materials,
and pipeline materials and supplies, so as to cause the least possible damage to
property and interference with traffic. The placing of such tools, equipment,
and materials shall be subject to the approval of the Engineer. The City of
' Fayetteville will not be responsible for haul road to and from the right-of-way.
Except for the installation of fire hydrant assemblies, to connect water services
and to install the underdrain along Rolling Hills Drive - the contractor shall
' limit all activities to the paved surfaces - the contractor shall not store any
material, place any construction material or trench material, place any equipment
or activities nor allow any workmen off of the paved surface onto residential
yards or drives.
' The City of Fayetteville will not provide a materials storage area, a staging
area or any other area for use by the contractor except for the actual water line
and appurtenance construction. The contractor shall not store any materials
upon the streets or within the street right-of-ways which will not be installed
Section 100 page 2
within the same day placed at the street. The contractor shall not store any
materials in -any private yard without first furnishing to the Engineer a copy of
written permission from the property owner. The Contractor shall be responsible
to obtain any storage or yard areas the contractor requires.
The Contractor shall be responsible for all damage to all property outside of the
rights -of -way and easements, and shall make satisfactory settlement for the
damage directly with the property owner and tenant involved, as their interests
may require.
All work performed, and all operations of the Contractor, his employees, or his
subcontractors, within the limits of railroad and highway rights -of -way shall be
in conformity with the requirements, and be under the control (with the City of
Fayetteville), of the railroad or highway authority owning or having jurisdiction
over and control of, the right-of-way in each case.
All existing fences which interfere with the construction operations shall be
maintained by the Contractor until the completion of the work affected thereby,
unless written permission is obtained from the City of Fayetteville thereof, to
leave an interfering fence dismantled for an agreed period of time. Where fences
must be maintained across the right-of-way,' adequate gates shall be installed
therein. Gates shall be kept closedandlocked at all times when not in use,
with duplicate keys furnished to the Engineer.
Upon completion of the work across any tract of land, the Contractor shall
restore all fences to their original or to a better condition and quality,
purchasing new material and replace all materials lost, damaged, or destroyed,
Temporary gates installed by the Contractor in any fence line may be left in
place with the permission of the property owner and tenant of the property. All
materials used in fence repairs or replacements shall be approved by the
Engineer.
7. Protection and Maintenance of Public and Private Property.
The Contractor shall protect, shore, brace, support, and maintain all underground
constructions uncovered or otherwise affected by the construction work performed
by him. All pavement, surfacing, driveways, curbs, walks, buildings, utility
poles, guy wires, and other surface structures affected by construction
operations in connection with the performance of the Contract, together with all
sod and shrubs in yards and parking removed or otherwise damaged, shall be
restored to their original condition as determined and approved by the Engineer.
All replacements shall be made with new materials. The Contractor shall be
responsible for all damage to streets, roads, highways, shoulders, ditches,
embankments, culverts, bridges, or other public or private property or facility,
regardless of location of character, which may be caused by moving, hauling, or
otherwise transporting equipment, materials, or men to or from the work or any
part or site thereof, whether by him or his subcontractors. The Contractor shall
make satisfactory and acceptable arrangements with the owner of, or the agency
or authority having jurisdiction over, the damaged property or facility
concerning its repair or replacement or payment of costs incurred in connection
with said damage.
All fire hydrants and water control valves shall be kept free from obstruction '
and available for use at all times.
8. Maintenance of Traffic '
The Contractor shall be responsible to keep one lane of traffic open at all
times during this project - no exceptions.
.The contractor shall limit the trenching and pipe installation to the work
which can be installed, inspected and properly backfilled within the working day
and shall not block any private drives. '
Section 100 page 3
' The contractor shall provide traffic' control personnel and signage as
necessary for public safety. The Engineer shall have the right to require that
the contractor add to the traffic control personnel and/or signage as the
Engineer deems necessary.
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! 9. Underground Installations and Structures.
' Unless noted otherwise on the plan documents, pipelines and other existing
underground installations and structures in the vicinity of the work to be done
hereunder are indicated on the plans according to the best information available
to the Engineer. The Engineer and Owner does not guarantee to accuracy. of such
information. House sewer connections, water and gas services, and other utility
' lines may not be indicated on the plans. The Contractor shall make every effort
to locate all underground pipelines, conduits, and structures by contacting owner
of underground utilities and by prospection in advance of trench excavation. The
moving of planned improvements to avoid conflict with existing pipelines and
other existing installations and structures in the vicinity of the work to be
done for the convenience of the Contractor shall be accomplished at no additional
cost to the Owner.
' 10. Lines and Grades.
I- All work shall be done to the lines, grades, and elevations shown on the plans.
The Contractor shall keep the Engineer informed, a reasonable time in advance,
of the times and places at which he wishes to work, so that reference points in
' accordance with General Conditions Article 4.4 may be established, and/or,
measurement for record and payment may be made with minimum inconvenience to the
Engineer and minimum delay to the Contractor.
' The Contractor shall furnish, without charge, competent men from his force and
such tools, stakes, and other materials as the Engineer may require for restaking
and work required to be restaked. The Contractor will not .proceed with the work
unless there is an accurate grade stake at a maximum distance of 50 feet. Any
' restaking or other field work deemed excessive by the Engineer will be billed to
the contractor at a rate equal to comparable local rates (when performed by the
City, or at contract Engineering rates when contracted) and deducted from the
contractor's payments.
' Any work done without being properly located on grade or off alignment, may be
ordered removed by the Engineer and replaced at the Contractor's expense.
' 11. Public Notification.
' The Contractor,on the basis of the schedule and progress, shall be required to
notify all adjacent property owners a minimum of 48 hours in advance of
occupying, storing materials on, or performing work on any right-of-way or
easement.
All planned interruptions of water service shall be coordinated with the Engineer
and the Fayetteville Water Department. A minimum of 48 hours notice shall be
' required. Service interruptions, when allowed by the Engineer, shall be
scheduled between 8:00 a.m. and 5:00 p.m. unless specifically approved otherwise.
It shall be the responsibility of the Contractor to provide a minimum of 72 hours
' advance notice to the Engineer, Traffic Department, Police and Fire department
prior to cutting or blocking any public street or roadway.
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Section 100 page 4
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12. Storage of Materials
In general, the Contractor shall be responsible for the all material furnished
by him and shall replace at his own expense all such material found defective in
manufacture or damaged in handling. This shall include the furnishing of all
material and labor required for the replacement of installed material discovered
defective prior to final acceptance of the work.
The Contractor. shall be responsible for the delivery and distribution of
materials at the site. The contractor shall be responsible for the safe storage
of materials furnished by or to him and accepted by him, and intended for the
work, until it has been incorporated into the completed and accepted project.
All materials -shall be stored in strict conformance to. the manufacturer's
recommendations.
Materials shall be stored so as to ensure the preservation of their quality and
fitness for the Work. When directed by the Engineer, the materials shall be
placed upon a wooden platform or other hard clean surfaces and not on the ground,
and shall be placed under cover when so directed. Stored materials shall not be
located so as to impede work or inspections.
Pipe and accessories shall be loaded and unloaded by lifting with hoists or other
equipment so as to avoid shock and damage. Under no circumstances shall material
be dropped or dumped. Pipe handled on skidways shall not be skidded or rolled
against pipe previously unloaded onto the ground. In distributing pipe material
at the site, each piece shall be unloaded opposite or near the place it is to be
laid in the trench. The interior of all pipe, fittings and other accessories
shall be kept free from dirt and foreign material at all times.
Pipe shall be so handled that the coating and lining will not be damaged.
However, if any part of the coating or lining is damaged, the repair or
replacement shall be•made at the Contractor's expense in a manner satisfactory
to the Engineer.
NOTE: The City of Fayetteville will not provide a materials storage area, a
staging area or any other area for use by the contractor except for the actual
water line and appurtenance construction. The contractor shall not store any
.materials upon the streets or within the street right-of-ways which will not be
installed within the same day placed at the street. The contractor shall not
store any materials in any private yard without first furnishing to the Engineer
a copy of written permission from the property owner.
The Contractor shall be responsible to obtain any storage or yard areas the
contractor requires.
13. Saturday, Sunday. Holiday and Night Work. '
Refer to paragraph 6.3 of the General Conditions.
All work shall be performed be performed during the normal work hours of the City
of Fayetteville Engineering Office, 8:00 a.m. - 5:00 p.m., Monday through
Friday. Except in an emergency to protect public health, safety or welfare or to protect existing work, no overtime work no work on Saturday or Sunday, nor
work on any legal holiday shall be permitted without specific written pre -
authorization by the Engineer.
14. Monthly Estimates and Payments 1 '
Refer to Article 14 of the General Conditions and the associated Supplemental
Conditions.
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Section 100 page 5
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15. Connections to existing Facilities.
Unless otherwise indicated or specified, .the Contractor shall provide for all
necessary connections to existing utilities such as water, sewer, telephone and
electric. In each case, the Contractor shall receive advance permission from
owne
r or prior to providing for connections. Contractor shall protect
facilities against deleterious substances and damages.
Connections to existing facilities which are in service shall be thoroughly
planned in advance, and all required equipment, materials and labor shall be on
' hand at the time of undertaking the connections. Work shall proceed continuous
(around the clock) as necessary to complete the connections .in minimum time.
Operation of values or other appurtenances on existing utilities, when required,
shall be by or under the direct supervision of the owning utility.
' All connections to the water and/or sewer facilities owned by the City of
Fayetteville shall be coordinated with and shall be inspected by the City of
Fayetteville's Engineering Division and the Water/Sewer Department.
16. Temporary Facilities.
(a) Utilities.
All water, electricity and other utility services required by the Contractor for
operation of Contractor's plant or equipment, or for any other use by the
Contractor to conduct or to expedite the work shall be provided by the Contractor
at his sole cost and expense. The Contractor shall arrange for service at his
discretion from the appropriate utility company, and shall assume liability for
all charges until the improvements have been accepted by the Owner. When
applicable, the Owner will request the transfer of the service on that date, and
assume the liability for charges incurred by the Owner from that date forward.
(b) Sanitary Facilities. The Contractor shall furnish temporary sanitary
facilities at the site for the needs of the Construction workers and others
performing work or furnishing services on the project.
Sanitary facilities shall be of reasonable capacity, properly maintained
throughout the construction period, and obscured from public view to the greatest
practical extent. If toilets of the chemically -treated type are used, at least
one toilet will be furnished for each 20 workers. The Contractor shall enforce
the use of such sanitary facilities by all personnel at the site.
' 17. Operation and Maintenance Data and Manuals.
Adequate operation and maintenance information shall be supplied to the Engineer
for all equipment requiring maintenance or other special attention. The
' equipment supplier will prepare an operation and maintenance manual for each type
of equipment indicated herein. Parts lists and operating and maintenance
instructions shall be furnished for other equipment not listed in the following
schedule.
Information shall be required for:
All valves 4 inch and larger,
All fire hydrants.
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Section 100 page 6
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18. Tree and plant protection
No trees or cultured plants shall be cut, trimmed or removed unless clearly shown
on the plans or marked -by the Engineer. All trees and other vegetation which
are so marked and must be removed to perform the work, shall be removed and
disposed of by the Contractor. No on -site burning shall be permitted.
All protection of trees, trimming and repair of trees and plants shall be
performed by qualified nurserymen or horticulturists in accordance with the City
of Fayetteville's Ordinance Chapter 162 "TREE PROTECTION AND PRESERVATION".
19. Security. - t
The contractor shall be responsible for protection of the site, and all work,
materials, equipment and existing facilities thereon against vandals and other
unauthorized persons. Security measures shall be at least equal to those usually
provided by the Owner to protect his existing facilities during normal operation,
but shall also include such additional security fencing, lighting, barricades,.
watchman's services and other measures as required to protect the site.
No claim shall be made against the Owner by reason of any act of an employee or
trespasser, and the Contractor shall make good all damage to Owner's property
resulting from Contractor's failure to provide adequate security measures.
20. Safety.
The Contractor is further notified and reminded of the presence of children and
pedestrians in the general vicinity of the project.
The. Contractor shall take all measures necessary and as required by the General
Conditions (Article 6) to protect the General Public, animals and property from
harm due to the construction activities including the project site.
21. Parking.
The contractor shall provide and maintain suitable parking areas for the use of t
the construction workers and others performing work or furnishing services in
connection with the project, as required, to avoid any need of parking personal
vehicles where they may interfere with the owner's operations or construction
activities, or normal traffic operation on public and/or private roads
22. Dust Control. I
The Contractor shall take all reasonable measures to prevent unnecessary dust.
Earth surfaces subject to dusting shall be kept moist with water or application
of an approved chemical dust suppressant. Dusty materials in piles or transit
shall be covered to prevent blowing.
Buildings or operating facilities which may be adversely affected by dust shall
be adequately protected. Existing or new machinery, motors, instrument panels
or similar equipment shall be protected by suitable dust screens which include
adequate ventilation features.
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Section 100 page 7
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' 23. Temporary Drainage and Erosion Control Provisions.
The Contractor shall provide for the drainage of storm water and such water as
may be applied or discharged on the site in the performance of the work.
Drainage facilities shall be adequate to prevent damage to the work, the site and
'adjacent properties.
Existing drainage channels and conduits shall be cleaned, enlarged or
supplemented as necessary to carry increased runoff attributable to the
Contractor's operations. Temporary dikes shall be constructed as necessary to
divert increased runoff from entering adjacent properties (except in natural
channels or storm sewers), to.protect the Owner's property, facilities and the
work, and to direct water into natural channels or conduits. Retention shall
be provided as necessary to prevent downstream flooding.
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The Contractor shall prevent the erosion of soil on the site and adjacent
property resulting from the construction activities. Effective measures shall
be initiated prior to the commencement of clearing, grading, excavation or other
operations that will disturb the natural vegetation or protection. Erosion
I. measures may include hay bales, silt fencing, jute mat, fast growing vegetation,
and ponds.
Work shall be scheduled on exposed areas subject to erosion for the shortest
possible time,. and natural vegetation shall be preserved to the greatest extent
possible. Temporary storage areas, construction building and access shall be
located to minimize erosion.
' The Contractor shall be responsible for application and acquisition of all
necessary permits, including coverage under the Federal/State NSPDE Regulations
for Storm Water Management and the City of Fayetteville's Excavation and Grading
permit when applicable.
' Unless specifically included as separate bid item(s), all Work necessary for the
control of storm water runoff shall be considered as subsidiary to the project
and no separate peyment shall be made to the Contractor.
24. Pollution Control.
' The Contractor shall apply with all requirements of the General Conditions and
all Federal, State and local laws and regulations governing pollution.
Additionally, the Contractor shall prevent the pollution of drains_ and
watercourses by sanitary wastes, sediment debris and other substances resulting
from construction activities. No sediment, debris or other substances shall be
permitted to enter any sanitary sewers, storm sewer, nor any drain or
watercourse.
25. Clean up during construction.
' During construction, the Contractor shall keep the construction area in a clean,
neat and workmen like condition at all'times. Pipe, equipment, and all other
materials shall be stored and protected in an area away from the construction
activities. As soon as practicable, the area around all structures shall be
backfilled, and the entire area maintained in a neat condition.
' 26. Access.
The Contractor shall provide for safe and ready access to the construction
activities during working hours or as requested to authorized representatives of
' the City of Fayetteville and other State or Federal Agencies as required.
Section 100 page 8
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27. Construction ObservationInspect ion 1
Construction observation and inspection shall be by the City of.Fayetteville
Engineering Division. The Contractor shall note the requirements of a detailed
schedule and note all requirements for the scheduling of tests and test
requirements as noted in Technical Specification section 100.28 TESTING. The
Engineer shall have no responsibility to the Contractor or subcontractor for the
supervision of personnel or layout of work.
Prior to final acceptance by the City, the project shall be subject to a final 1
inspection by designated representatives of the City of Fayetteville and the
Contractor. -
28. Testinc.
The Contractor shall be responsible for the cost of all equipment, materials, ,
labor, testing procedures and lab work for all tests as outlined in these
specifications. The City of Fayetteville shall have the right to approve or
reject the contractor's proposed lab based upon sound Engineering principles.
Copies of all testing reports must be forwarded directly to the Engineer by the
testing laboratory.
All field tests required for a project shall be witnessed by the City Engineering
Division representatives in the presence of the Engineer and Contractor, or their
approved representatives.
All tests require a minimum notice of 24 hours. The 24 hours is a minimum only,
the exact time for testing and required inspections shall be determined by the City of Fayetteville Engineering Office.
29. Measurement and Payment
It is the intent of the proposal and the specifications that the total bid for
each schedule, as submitted, shall cover all work shown on the contract drawings and required by the Specifications and other Contract Documents. All costs in
connection with the work including furnishing of all materials, equipment,
supplies, and appurtenances; providing all construction plant, equipment, and
tools; and performing of all necessary labor to fully complete the work, shall be included in the unit and lump sum prices named in the proposal. No item of
work 'that is required by the Contract Documents for the proper and successful
completion of the Contract will be paid for outside of or in addition to the
prices submitted in the proposal. All work not specifically set forth in the proposal as a pay item shall be considered a subsidiary obligation of the
Contractor and all costs in connection therewith shall be included in the prices
named in the proposal.
The method of measurement and basis of payment for each item as listed in the
proposal shall be as stipulated under the item of Work or as specified in Section
110, Measurement and Payment.
30. Explosives
Explosives shall not be allowed for excavation or any other purpose unless a
detailed plan for such use is approved in writing by the Engineer, proof of
blasting insurance is submitted, and experienced personnel licensed in the State
of Arkansas for blasting is utilized. The plan must include as a minimum a pre -
blast
survey and the utilizationof qualified seismographic procedures.
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Section 100 page 9 '
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31. Excavation Safety.
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The current edition of Occupational Safety and Health Administration Standard for
Excavation and Trench Safety Systems, 29 CFR 1926, Subpart P, is specifically
incorporated and made a part of these specifications and contract documents as
required by Arkansas Act 291 of the 79th General Assembly of 1993. The Contractor
shall be solely responsible for the implementation of these requirements.
A copy of the OSHA regulations is included in this set of specifications as
Appendix A.
32. Utility Mix - Slurry mix "Pourable" backfill.
Where shown on the plans, a "pourable" backfill, also called utility mix, shall
be used. The utility mix shall be a low strength concrete mixture that is
readily digable with standard equipment. The mixture shall be in the ratio of
3400 lbs sand: 150 lbs cement: 100 lbs flyash.
The mixture shall be plant mixed and shall have a compressive strength of 300 psi
at 28 days. The design of the mix may be modified if approved in writing by the
Engineer. Normal strength concrete shall not be used for utility mix.
33. "Hillside" fill.
"Hillside" fill material, where shown on the plans or in the bid schedule, shall
be cherty clay material locally referred to as "hillside". All "hillside"
material shall, be supplied from off -site location and shall be subject to
approval by the Engineer. Compaction of "hillside" shall be as shown on the
drawings.
34. Disposal of waste materials.
The Contractor shall be responsible to disposal of all waste materials of all
types and conditions, including excavation materials not specified for reuse as
backfill, in compliance with all Federal, State and City of Fayetteville laws,
rules and regulations. The Engineer shall have the right to require the
Contractor to document the location of the disposal area and provide proof of
compliance with all Federal, State and City of Fayetteville laws, rules and
regulations for disposal of the materials.
End of Section 100 - General Project Requirements
Section 100 page 10
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Section 110 METHODS OF MEASUREMENT AND PAYMENT
.A. GENERAL
Methods of measurement and payment as set out in the Specifications covering the various items of construction are hereby clarified and superseded as set out
herein. Wherever they are not clarified or superseded herein, methods of payment
as provided in the applicable section of the Specifications shall govern.
Payment for all work under this contract shall be made at the unit and lump sum
prices bid under the various items of the Bid as hereinafter set out.
Bid Items 1 and 2 - Water Line Pipe
Payment for pipe shall be made at the unit prices bid per linear foot for
the various types and sizes of pipe, complete in place. The prices bid
shall be full compensation for clearing, temporary fencing where
necessary, right of way preparation, surface removal, disposal of waste
materials, stripping and stockpiling topsoil where required, trenching,
disposal of trenched materials, furnishing and laying pipe, pipe bedding
material, concrete thrust anchors where required, polyethylene encasement,
pipe detection tape, testing, sterilization, cleanup, repairing fences,
seeding, fertilizing, mulching, and every other item required for a
complete installation as specified with the sole exception of the class 7
aggregate backfill, which shall be paid for as a separate bid item.
Measurement will be based on the total length of the line, including pipe
required for ties to the existing system, with no deduction made for
valves or fittings.
Measurement shall be made with a 100 foot tape along the centerline of the
pipeline after the trench has been backfilled. The footage installed to
be paid for will be reflected in a daily written report, a copy of which will be furnished to the Contractor..
Bid Item 3 - Class 7 aggregate backfill ,
Payment for class 7 aggregate backfill will be made at the unit price bid
per ton for compacted class 7 aggregate as provided. The unit price bid
shall include the furnishing, compaction, testing and maintenance of class 7 aggregate backfill in all trenches in the roadway as shown on the plans
and as specified. Measurement shall be based upon verifiable truck
weight tickets furnished by the contractor to the engineer for quantities
up to the theoretical limits of the excavation required by the drawings and specifications. No payment will be allowed for trench widths or
depths in excess of the requirements of the drawings and specifications
unless approved in advance by the engineer as necessitated by field
conflicts. ,
Bid Item 4 - Compact Ductile Iron Fittings
Payment for compact ductile iron fittings will be made at the unit price bid per pound under this item for the various types of ductile iron
fittings, as provided. The unit price bid shall include the furnishing
and installation of the fittings, and all other related work not specifically compensated for under other items of the Bid. The weight of
the fittings 12 inches in diameter and smaller will be based on standard
AWWA C153/A21.53 weight tables for naked, compact mechanical joint
fittings. The price bid shall include furnishing and installing the fittings and the required concrete reaction backing in accordance with the
reaction detail schedule set out on the Plans.
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Bid Items 5 and 6 - Gate Valves
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Payment for gate valves shall be made at the unit price bid for each of
the various sizes of valves, complete in place. The price shall include
furnishing and installing valves, valve boxes, concrete pad at ground
surface, valve operator extension stems (if required), and every other
item required for a complete installation as specified.
Bid Items 7 and 8 - Tapping Sleeve and Valve Assembly
Payment for tapping sleeve and valve shall be made at the unit price bid
for each assembly, complete in place. The price shall include furnishing
and installing tapping sleeve and valve, valve box, concrete pad at ground
surface, valve operator extension stem (if required), and every other item
required for a complete installation as specified.
Bid Item 9 Flush/test Assembly
Payment for flush/test assemblies shall be made at the unit price bid for
each of the required installations, including all materials and labor
necessary for a complete installation as noted on the drawings.
Bid Items 10 and 11 - Connect services Type "A" and "B"
Payment for the connection of existing services, Types "A" and "B" to the
new water lines shall be made at the unit price bid for each type as
defined on the drawings. The price bid shall include all excavation of
existing lines, cutting existing lines, removal and replacement of
existing fittings as required, making connection of new water line to
existing water line, backfilling, cleanup, seeding, and every other item
of work not specifically compensated for under other items of the Bid
required for a complete installation.
Bid Items 12 and 13 - Fire Hydrants Type "A" and "B"
Payment for fire hydrant assemblies will be made at the unit price bid for
each type as defined below. The bid price shall include furnishing and
installation of the fire hydrant, fire hydrant barrel extension if
required, 6 inch ductile iron pipe, polyethylene encasement, main line
fitting, boss, or outlet, auxiliary gate valve, valve box and box
extension, if required. All fittings, locked hydrant adapters, gravel
drain, concrete collar, concrete support and reaction blocking will be
included in this pay item.
Fire hydrant assemblies Type "A" shall be installed on the new 6 inch pvc
water lines.
Fire hydrant assemblies Type "B" shall be installed on the existing 6 inch
water lines and the price shall include the tapping sleeve and valve.
Bid Item 14 - Six inch diameter Polyethylene underdrain
Payment for the six (6) inch polyethylene underdrain shall be made at the
' unit prices bid per linear foot for the underdrain complete in place. The
prices bid shall be full compensation for clearing, disposal, temporary
fencing where necessary, right of way preparation, surface removal,
stripping and stockpiling topsoil where required, trenching, furnishing
and laying the pipe underdrain system including pipe, geotextile and
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aggregate, cleanup, repairing fences, seeding and/or sodding, fertilizing,
mulching, and every other item required for a complete installation as
specified.
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Bid Item 15 - Connection of underdrain to drop inlet
Payment for the connection of the 6 inch underdrain to the existing drop
inlet shall be made at the unit price bid per lump sum for the underdrain
connection complete in place. The prices bid shall be full compensation
for surface removal, stripping and stockpiling topsoil where required,
trenching, disposal, core drilling, connection and grout, cleanup, seeding
and/or sodding, fertilizing, mulching, and every other item required for
a complete installation. ,
Bid Item 16 - Four inch thickness Concrete Driveway Repair
Payment for four inch thickness concrete driveway repair shall be made at
the unit price bid per square yard. The unit price bid shall be full
compensation for the removal and disposal of identified driveway areas,
furnishing and placement of concrete, all forming, labor, equipment, tools
and any other items required for a complete installation for driveway
repairs as determined necessary by the Engineer during construction.
Bid Item 17 - Mobilization and storage
Payment under this item shall be made in accordance with the lump sum
price bid. The price bid shall be full compensation for all mobilization,
storage and field incidentals. Payment under this item will be made as
a percentage of project completion.
Bid Item 18 - Trench or Excavation Safety System
Payment under this item shall be made in accordance, with the lump sum
price bid. The price bid shall be full compensation for trench or
excavation safety system requirements in accordance with Act 291 'of the
1993 Arkansas General Assembly. Payment under this item will not be made
until project is completed, accepted, and the Contractor certifies that he
has met all requirements as set out in said Act 291.
End of Section 110 Measurement and Payment
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Section 120 TESTING
1. General.
The Contractor shall be responsible for and shall pay all
any inspection or testing required in connection with the
acceptance of materials or equipment incorporated in the
in Article 13 of the General Conditions and Article SC -13
Conditions and paragraph 28 of Section 100, General P
Testing.
costs associated with
Owner's or Engineer's
work, as provided for
of the Supplementary
roject Requirements -
Certificates of Compliance.
The Contractor shall be responsible for furnish to the Engineer materials and
equipment manufacturers' duly sworn certificates of compliance with all
requirements and provisions of applicable standards such as, but not limited to,
AWWA, ASTM, ANSI, AASHTO, AHTD or others for all materials and equipment
delivered to this project.
The City of Fayetteville shall have the right to approve or reject the
contractor's proposed lab based upon sound Engineering principles. Copies of all
testing reports must be forwarded directly to the Engineer by the testing
laboratory.
3. Specific Requirements.
Specific requirements for testing and certificates of compliance are set forth
in the Technical Specifications for each item of work.
All field tests required for a project shall be witnessed by the City Engineering
Division representatives in the presence of the Engineer and Contractor, or their
approved representatives.
All tests require a minimum notice of 24 hours. The 24 hours is a minimum only,
the exact time for testing and required inspections shall be determined by the
City of Fayetteville Engineering Office.
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Section 140 SCHEDULES PROGRESS MEETINGS AND PUBLIC NOTICE
1. General.II
The Contractor shall utilize and maintain through project completion, scheduling ,
of all phases of work required for completion of the project within the contract
time. Such schedule shall follow the requirements of Article 6 of the General
Conditions and Article SC -6 of the Supplementary Conditions, Paragraphs 3 and 5
of Technical Specification 100., General Project Requirements, and as specified
herein. The schedule, project status and progress of the work will be reviewed
at a weekly progress meeting.
2. Schedule.
The Contractor shall show all various phases of work to be performed,
submittals, materials, and equipment, manpower,.skills, and equipment required,
and completion dates of various phases of the work to be performed for the timely
and proper completion of the project. The schedule must be in such detail that
the Contractor and Engineer can readily determine the work as planned and be able
to notify affected or adjacent property owners of the dates and times of work on or adjacent to their property.
3. Weekly Progress Meetings
The Contractor's superintendent and the Engineer's Representative and others
identified as needing to participate shall attend a weekly progress meeting
scheduled by the Engineer or his representative. The status of the project, schedule and work to be accomplished in the next week will be reviewed and
discussed. The location of the meeting will be as set by the Engineer at a time
agreeable with the Contractor and the Engineer.
4. Public Notice
The Contractor, on the basis of the schedule and progress meetings shall notify the appropriate property owners of trenching, pipe laying, cleanup or other
activities scheduled to occur on, or adjacent to, their property during the forth
coming week. The minimum acceptable notification of property owners will be 48
hours in advance of occupying, storing materials on, or performing work on any right-of-way or easement. It shall be the responsibility of the Contractor to
provide a minimum of 72 hours advance notice to the Engineer, Traffic Department,
Police and Fire Department prior to cutting or blocking any public street or
roadway.
All planned interruptions of water service shall be coordinated with the Engineer
and the Fayetteville Water Department. A minimum of 48 hours notice shall be
required. Service interruptions shall require advance approval from the Engineer
and if allowed by the Engineer, shall be scheduled between 8:00 a.m. and 5:00
p.m. unless specifically approved otherwise.
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Section 300 CRUSHED STONE BASE
1. General.
The work to be included under this section of the Specifications shall consist
of providing all materials, labor, equipment, tools, supplies and incidentals
necessary for the completion of crushed stone base in areas which are presently
paved or which are to be paved, as shown on the contract plans and herein
specified.
2. Materials and execution.
All crushed stone base shall be Class 7 Aggregate Base Course as specified in
Table 303-1, page 161, in section 303 AGGREGATE BASE COURSE, of the "Standard
Specifications for HIGHWAY CONSTRUCTION," Edition of 1993, published by the
Arkansas State Highway and Transportation Department.
Crushed stone base course shall be compacted to a minimum of 95 percent of
Modified Proctor Density (ASTM D1557-78).
3. Testing.
All Testing, gradation, plasticity, modified proctor standards and in -place
densities of crushed stone base course shall be performed by a qualified lab in
accordance with Article 13 of the General Conditions, Article SC -13 of the
Supplementary Conditions and paragraph 27 of Section 100 GENERAL PROJECT
REQUIREMENTS.
Each paved crossing requiring crushed stone base course shall require a minimum
of one test report documenting an in -place density of at least 95 percent of
Modified Proctor Density.
For pipelines parallel in the street, one density test shall be taken per 250
feet or portion thereof.
4. Measurement and Payment.
Crushed stone base course shall be measured and paid by the unit as established
in the Bid schedule. If no separate bid or pay item exists for crushed stone
base course then all crushed stone base course will be subsidiary and no separate
payment will be made.
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Section 310 PIPE BEDDING MATERIAL (Revised 18 October 1995)
1. General.
The work to be included under this section of the Specifications shall consist
of providing all materials, labor, equipment, tools, supplies and incidentals
necessary for the completion of pipe bedding material as shown on the contract
plans and herein specified.
2. Materials and execution.
All pipe bedding materials shall be:
(1) ASTM D2774 - maximum particle size 1/2 inch. Contractor shall furnish
laboratory data documenting compliance with ASTM D2774 requirements prior, to
placing of bedding material, or
(2) "Grit" as locally manufactured from crushed limestone. All "grit"
material shall be durable crushed aggregate with a maximum particle size of 5/16
inch and a maximum percentage passing the no. 200 sieve of 10 percent, or
(3) Sand. Sand shall consist of clean, hard, durable uncoated grains free
from lumps, clay and organic materials. All (100%) of "sand" shall pass a no.
8 sieve.
3. Execution.
All pipe, regardless of type and material composition of the pipe, shall be
bedded with a minimum of 6 inches below the pipe to a minimum of 6 inches over
the top of the pipe the full width of the trench. Bedding material shall be
placed in maximum of 6 inch lifts and compacted with mechanical tamping
equipment. The Contractor shall use special care under pipe haunches and
fittings.
4. Testing and submittals
The Contractor, prior to delivery of material, shall furnish the supplier's
certificates of compliance with these specifications.
5. Payment.
NO SEPARATE PAYMENT shall be made for pipe bedding material, complete as shown
and specified.
End of Section 310
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ISection 400 CLEARING RIGHTS OF WAY. CUTTING AND REPAIRING FENCES
1. GENERAL
The City of Fayetteville has acquired both permanent and temporary construction
' easements for the water line construction.
Insofar as possible and unless subsequent permission is obtained from the Owner,
the Contractor shall confine his activities to the rights of way obtained by the
City of Fayetteville.
Except for the installation of fire hydrant assemblies, the contractor shall
limit all activities to the paved surfaces - the contractor shall not store any
material, place any construction material or trench material, place any equipment
or activities nor allow any workmen off of the paved surface onto residential
yards or drives.
No trees or cultured plants shall be cut, trimmed or removed unless clearly shown
Ion the plans or marked by the Engineer. Al]. trees and other vegetation which
is so marked and must be removed to perform the work, shall be removed and
disposed of, or removed an saved, (as shown on the plans or in the contract
documents) by the Contractor. No on -site burning shall be permitted.
IAll protection of trees, trimming and repair of trees and plants shall be
performed by qualified nurserymen or horticulturists in accordance with the City
of Fayetteville's Ordinance Chapter 162 "TREE PROTECTION AND PRESERVATION".
' - 2. CLEARING RIGHTS OF WAY
' Parts of construction are indicated on the Plans as being through lawns,
planters, sidewalks, streets, parking lots, brush and undeveloped fields.
There is not an extra pay item for the clearing of rights of way or for the
' disposing of brush, timber or other debris resulting from the clearing operation.
(A) Brush. Timbered Areas, Fields. Where construction is indicated on the
Plans as being through brush, timbered areas, and fields of tall grass,
the Engineer shall stake the centerline of the proposed pipe line. The
Contractor shall clear the rights of way of brush and other debris and do
such right of way construction as is necessary to provide an adequate
working area.
' In clearing right of way, the Contractor SHALL NOT REMOVE ANY TREES UNLESS
CLEARLY MARKED TO BE REMOVED BY THE ENGINEER. Where water lines are to
be constructed in close proximity to shade trees, ornamental trees or any
' other trees on this project, the Contractor will be expected to work near
the trees without removing or damaging them. The Contractor shall
construct a free-standing protective wooden pen, 8 feet tall, around all
trees in close proximity to the work which are not to be removed.
' Protective pens shall be maintained around trees until final cleanup and
seeding or sodding have been completed.
All brush, timber and other debris required to be removed from the
construction of the work shall be hauled from the site and disposed of at
the option of the Contractor. Burning of brush will not be permitted on
this project.
' (B) Lawns. Gardens. and Other Well -Kept Areas. Where construction is shown on
the Plans as being through lawns, gardens, or other well -kept areas, the
Contractor shall stake the general location of the rights of way, and
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shall provide line stakes. The Contractor shall then clear any debris
from the rights of way. All shrubbery, garden areas planters flower
beds, small trees (less than 4 inches in diameter( and other items of
landscape shall either be protected or shall be replaced at the
VLLLCI.LUL-s expense. unless specssscally noted otherwise in a special
condition, the Contractor shall be responsible to fully restore the area
to its original condition.
No tress shall be shall be cut or removed unless clearly marked to be
removed by the Engineer.
All limbs and other debris requiring removal shall be hauled from the site
and disposed of at the option of the Contractor.
(C) Power Lines. Where the Plans show a portion of the line to be laid
adjacent to or under power lines, it shall be the responsibility of the
Contractor to make any arrangements with the power company for 'tying off'
poles. It shall also be the responsibility of the Contractor to take
whatever steps are necessary to provide for the safety of the workmen and
equipment when working in the vicinity of these power lines.
The Contractor is advised of the extreme hazard to personnel from
equipment contact or near contact with conductors of the transmission
line. It -is strongly recommended that low profile construction equipment
be used and that a minimum 15 feet vertical clearance be maintained
between any equipment and transmission conductors.
Unless the water line is specifically set out to cross within the limits
of the power line right" of way, the Contractor shall not alter or work
within the limits of the existing power line right of way.
(D) Miscellaneous. Several signs, mailboxes, posts, fences, and other
obstructions are to be removed and replaced along the right of way. These
shall be removed and protected. After pipe construction is complete, they
shall be replaced in their original.conditions.
(E) Fences - Cutting and Repairing. The Plans show fences to be crossed
during the course of construction. Prior to the cutting of fences the
Contractor shall install a brace post assembly in the existing fence on
each side of the water line. The exact location for the brace post
assembly shall be field determined. The tension of the existing fence
shall not be reduced. The Contractor shall then construct temporary
fencing so as to maintain livestock in the original pasture during the
construction period. There is no separate pay item for temporary fencing.
After the pipeline has been installed, backfill placed and compacted, and
excess material removed, the Contractor shall rebuild the fences across
the right of way. Fencing shall be replaced according to the type of
fence to be crossed during construction using new materials which are
equal to or better than the original fencing materials.
Where removal, replacement or repair of chain link, ornamental iron, wood,
rock or masonry fence is required, the Contractor shall retain a qualified
specialty contractor to perform the work.
(F) Restoration of Property Markers. Where property markers or public right
of way markers have been disturbed or will be removed in the course of
construction, the Contractor shall retain an Arkansas Registered Land
Surveyor to witness the position of the marker prior to disturbance or
removal. After the completion of construction, an Arkansas R.L.S. shall
be retained to restore all disturbed or removed markers to their original
position.
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Section 401 SURFACE REMOVAL '
1. GENERAL
The work to be included under this section of the Specifications shall consist
of providing all materials, labor, equipment, tools, and incidentals necessary
for removing surfaces within the limits of lawns, gardens, mowed, cultivated, or
other well -kept areas or within the limits of any paved or unpaved driving
surface.
---- .+,. rz,carscate ni nwa s or. driving
surfaces within railroad rights of way unless otherwise directed by the Engineer.
2.ALLOWABLE REMOVAL
In all areas where -water lines,. air release valve manholes, and other
appurtenances are to be constructed, the surface shall be removed prior to
excavating the trench. There is no pay item for surface removal and surface
removal shall be considered part of trench excavation. The allowable limits of
removal are dependent upon the type of area in or through which construction
occurs and are set out below. No payment for surface repair will be made outside
the width of allowable removal.
(A) Lawns. Gardens. Mowed or Cultivated Areas, and Other Well Kept Areas. In
these areas, the Contractor shall excavate the top 6 inches of topsoil
from the ditch line and store such along one side of the ditch line so
that it does not become mixed with the remaining excavation which shall be
stored on the other side of the ditch line. Any such topsoil which is
allowed to become mixed with other trench excavations shall be replaced
with topsoil approved by .the Engineer at the Contractor's expense.
The width of allowable surface removal shall be the standard trench width
as shown on the detail sheet of the Plans, or the depth of the trench to
the existing water flow line at its deepest point, whichever is greater.
The length of ground cover removed for the installation of pipe, fittings,
manholes, or other appurtenances shall be the linear dimension of such
structure plus 12 inches.
(B) Wooded and Rocky Areas. In wooded or rocky areas the ground cover shall
be removed as set out in paragraph B.1 above except that the Contractor is
not required to separate and store the top 6 inches of topsoil along the
•ditch line. •'
(C) Driving Surfaces. Excavation within the limits of any driving surface,
including paved and gravel streets or roads, driveways or parking areas
shall be in accordance with the following specifications.
The Contractor shall remove pavement and road surface as a part of the
trench excavation, and the amount removed shall depend upon the width of
trench specified for the installation of pipe, and the width and length of
pavement area required to be removed for the installation of pipe,
fittings, manholes, and other appurtenances.
The Contractor shall use such methods, either drilling, chipping or sawing
as will assure the breaking of the pavement along straight lines. The
face of the remaining pavement shall be approximately vertical. ..
Driving surface pavement and road surfaces shall be removed to the dimensions set out below depending upon the type of driving surface to be
removed.
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1. Asphaltic Pavement Removal. Asphaltic pavements shall be removed in
t accordance with the dimensions set out below.
a) Removal of Pavement for Pipe Construction. The width of
asphaltic pavement removed along the normal trench line for
the removal and/or installation of pipe, fittings, or other
' appurtenances shall be as shown on the detail sheet of the
Plans.
The length of the asphaltic pavement to be removed for the
' installation of pipe, fittings, or other appurtenances shall
be the linear dimension of such structure plus 12 inches.
b) Removal of Pavement around existing Valve Boxes and other
' appurtenances. A square cut shall be made in the pavement
area extending 18 inches each side of the valve box or other
appurtenance. The pavement and underlying base and/or subgrade
material shall then be removed to the depth necessary to expose
' the existing object. This material shall be hauled from the
site and disposed of by the contractor.
' 2. Concrete Pavement Removal. Concrete pavements shall be removed in
accordance with the dimensions set out below.
a) Removal of Pavement for Pipe Construction, the width of
' concrete pavement removed along the normal trench line for the
removal and/or installation of pipe, fittings, or other
appurtenances shall be as shown on the detail sheet of the
Plans.
The length of the concrete pavement to be removed for the
installation of pipe, fittings, or other appurtenances shall
be the linear dimension of such structure plus 12 inches.
' b) Removal of Pavement around existing Valve Boxes and other
appurtenances. A square cut shall be made in the concrete
pavement within an area extending 12 inches each side of the
' valve box or other appurtenances. The pavement and underlying
base and/or subgrade material shall then be removed to the
depth necessary to expose the existing object. This material
shall be hauled from the site and disposed of by the
contractor.
3. Unpaved Driving Surfaces. Gravel, dirt, or other unpaved driving
surfaces shall be removed as follows.
' a) Removal of Surface for Pipe Construction. The width of
unpaved surface removed along the normal trench line for the
installation of pipe shall be the standard trench width as
' defined on the detail sheet of the Plans plus 24 inches on
each side of the trench.
The length of unpaved surface removed along the normal trench
' line for the installation of fittings or other appurtenances
shall be the dimension of such structure plus 12 inches.
' (D) Sidewalk and Curb and Gutter Removal. Sidewalk and curb and gutter shall
only be removed as shown on the plans or at the direction of the Engineer.
The width of concrete removed when so directed shall be the standard trench
' width as shown on the plans plus a minimum of 18 inches on each side of the
trench to the next existing joint.
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(E) Additional. Surface Removal. Wherever, in the opinion of the Engineer,
existing conditions make it necessary or advisable to remove additional
surfaces, the Contractor shall remove it as directed by the Engineer. No
extra compensation will be allowed for the extra surface removal.
However, additional payment will be made at the unit price bid for the
appropriate surface repair/replacement item as set out under the Methods
of Measurement and Payment Section of these Specifications.
However, if the Contractor removes or damages pavements beyond the limits
specified above without approval of the Engineer, such surfaces shall be
replaced or repaired at the expense of the Contractor.
END OF SECTION 401
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Section 406 PIPE FOR WATER LINES - GENERAL
IGeneral.
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The pipe for water lines to be used on this specific project shall be as follows:
Size Materials
I.D. - Inches Pipe Type Specifications
2 inch Polyvinyl Chloride (PVC) ASTM D-2241
4 inch and larger Polyvinyl Chloride (PVC) AWWA C900
The pipe shall further be manufactured, furnished installed, flushed, tested and
disinfected in accordance with the following sections of these Specifications:
Pipe material Specification Section
Ductile iron 411
PVC 412
All water mains shall be laid a minimum of 10 feet horizontally from any existing
or proposed sanitary sewer including force mains. The 10 feet minimum distance
shall be measured from edge to edge. If conditions in the field will not permit
the 10 feet required separation, then the contractor shall immediately notify the
Engineer for further instructions.
All water mains which cross sewers shall be laid to provide a minimum of 18
' inches positive vertical clearance for the water line above the sewer lines as
measured from edge to edge. This shall be required if the water line is
initially above or below the sewer line and must also be worked with the minimum
cover requirements: At all crossings, the water line pipe shall be adjusted to
' provide one full length of water line pipe over the sewer line with both joints
located as far as possible from the sewer line.
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The exact location of many underground structures and utilities,both known and
unknown has not been determined. It shall be the responsibility of the
contractor to prospect in advance of the water line construction to locate any
and all conflicts and to determine exact locations for service and other
connections. If any conflicts with the water line construction are found the
contractor shall notify the Engineer immediately.
All water line shall be laid in the dry. Work shall not be permitted during rain
or with water standing in the trenches. All water line trenches shall be
subject to inspections. The Contractor shall not backfill any trench or cover
any fitting or blocking until the water line or appurtenance has been approved
by the Engineer or his representative.
Unmanned open trenches shall not be allowed.
be allowed.
End of Section 406
Overnight open trenches shall not
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Section 411 DUCTILE IRON PIPE AND DUCTILE IRON PIPE FITTINGS FOR WATER LINES
A. GENERAL
The work to be included under this section of the Specifications shall consist
of providing all materials, labor, equipment, tools, supplies, and incidentals
necessary for the construction of ductile iron pipe water lines. The work shall
include every item of construction necessary for a complete and acceptable
installation as shown on the Plans and hereinafter specified.
B. MATERIALS
1. Ductile Iron Pipe and Ductile Iron Pipe Fittings. Unless otherwise shown
on the Plans or specified, all pipe and pipe fittings furnished on this
project shall be ductile iron, with either push -on or mechanical type
joints. Flanged pipe or pipe fittings shall be used only as indicated on
the Plans, and shall be in conformance with this Specification.
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Ductile Iron Pipe. All ductile iron pipe furnished with either
push -on or mechanical type joints shall conform to the requirements
of 'Ductile Iron Pipe, Centrifugally Cast in Metal Molds or
Sand -Lined Molds, for Water or Other Liquids," AWWA Standard C151,
latest revision, and shall be designed to withstand compacted earth
loadings as applied according to the conditions set out on the Plans
with an AASHTO HS -20 truck live load. The external loading shall be
based on a soil density of 120 pounds per cubic foot and Type 3
standard laying conditions:
All ductile iron pipe shall be pressure Class 350 and shall'be
designed- in accordance with the requirements of 'Thickness Design of
Ductile Iron Pipe,' ANSI/AWWA C150/A21.50-91, effective March 1,
1992.
----- •• •- _ ., incn .vnrou n 16 Inch. All
fittings 3 inches through 16 inches shall be ductile iron fittings
and shall conform to the requirements of ANSI/AWWA C153/A21.53,
latest revision, for 'Ductile Iron Compact Fittings, 3 Inch Through
16 Inch,. for Water and Other Liquids.'
i.ar er rnan 1b Inch). All fittings
larger than 16 inches shall be ductile iron fittings and shall
conform to the requirements of ANSI/AWWA CIIO/A21.10, latest
revision, for 'Ductile Iron and Gray -Iron Fittings, 3 Inch Through
48 Inch, for Water and Other Liquids.'
d. Ductile Iron Pipe Joints. All ductile iron pipe and ductile iron
pipe fittings with mechanical or push -on type joints shall have
rubber gasket joints in conformance with Rubber Gasket Joints for
Ductile Iron and Gray -Iron Pressure Pipe and Fittings,' ANSI/AWWA
Cl11/A21.11, latest revision.
Restrained Joints. Where shown. on the Plans, restrained joint pipe
and fittings shall be ductile iron pipe manufactured in accord with
applicable sections of ANSI/AWWA C151/A21.51 and ANSI/AWWA
ClIO/A21.10. Al). restrained joint pipe shall be TR Flex,as
manufactured by U. S. Pipe, 'Flex -Ring" joint as manufactured by
American Ductile Iron Pipe, or equal.
Swivel Fittings and Fire Hydrant Tee. Fire hydrant shall be set
using MJ, MJ,•swivel joint fittings having retainer lip and swivel
rotatable gland for positive restraint without tie rods. Restraint
joints shall be used where testing will be done against closed
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valves, and at other locations at the Contractor's option.
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2. Flanged Ductile Iron Pipe with Threaded Flanges. Where shown on the
Plans, the Contractor shall furnish and install flanged ductile iron pipe
and flanged ductile iron fittings in accordance with the following
Specifications.
a. Pipes and Flanges. All flanged pipe furnished on this project shall
be ductile iron pipe in conformance with the requirements for
'Flanged Ductile Iron Pipe with Threaded Flanges,' ANSI/AWWA
C115/A21.15, latest revision.
b. Bolts and Gaskets. Bolts and gaskets shall meet the requirements of
ANSI/AWWA Clll/A21.11, latest revision, for Rubber -Gasket Joints
for Ductile -Iron Pressure Pipe and Fittings.'
Cement Mortar Lining. All ductile iron pipe and ductile iron pipe
fittings shall have a standard thickness cement mortar lining in
conformance to ANSI/AWWA C104/A21.4.
Outside Coating. All ductile iron pipe shall have either a bituminous
exterior coating, or shall be delivered to the site factory cleaned and
primed as set out below.
a. Factory Primed Pipe. Unless otherwise shown on the Plans, all
exposed pipe and fittings within the limits of structure walls or
all pipe exposed above ground shall be delivered to the job site
factory blasted, cleaned and primed with one coat of Kop-Coat 340
Gold Primer or Kop-Coat 622 LCF Primer, or approved equal.
b. Bituminous Coating. All pipe and fittings indicated for buried
service shall have a bituminous coating approximately 1 mil thick.
The coating shall be factory applied to the outside of all pipe and
fittings. The finished coating shall be continudus, smooth, neither
brittle when exposed to the cold nor sticky when exposed to the sun,
and shall be strongly adherent to the pipe or fitting.
Ductile Iron Pipe Joint Lubricant. Joint lubricant shall be provided by
the pipe manufacturer, and applied as per the manufacturer's
recommendations.
6. Polyethylene Encasement. Material and execution for polyethylene
encasement shall be as specified in Section 413, POLYETHYLENE ENCASEMENT.
7. Pipe detection tape. Material and execution for pipe detection tape shall
be as specified in Section 414, PIPE DETECTION TAPE.
6. Crushed Stone Trench Backfill. Crushed limestone trench backfill, where
required, shall be aggregate base course, class 7, as defined in Section
303 of the 1993 Edition of the Arkansas State Highway Department
Specifications. The crushed limestone supplier shall submit certificates
stating that the materials provided are in conformance with these
Specifications.
9. Concrete. Concrete used for reaction backing, pipe cover, or pipe
encasement shall be in conformance with the Concrete section of these
Specifications.
10. Affidavits of Compliance and Independent Laboratory Inspection. All
ductile iron pipe and ductile iron pipe fittings furnished and installed
on this project shall be inspected and tested by the manufacturer. The
manufacturer shall furnish to the Engineer, prior to delivery,
certificates stating that all pipe will be manufactured in compliance with
these Specifications. The certificate shall also fully describe the pipes
proposed to be furnished.
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If evidence appears that all provisions of the applicable ASTM/AWWA
Standards have not been complied with after the pipe has been delivered,
the Owner will require such field testing and sampling as necessary for
certified statements of compliance to the provisions of said standards to
be furnished by an approved independent laboratory. The cost for the
testing and sampling or job delay will be the responsibility of the pipe
supplier if the pipe is not in compliance. The Owner will pay the cost of
the testing and sampling if the pipe is in compliance with the
Specifications. However, the Owner will not be responsible for job delay.
The independent laboratory shall be one which, may be chosen by the pipe
.manufacturer and approved by the Engineer. -
C. DUCTILE IRON PIPE WATER LINE CONSTRUCTION
1. General. The Contractor shall, unless otherwise specified, furnish all
material, equipment, tools and labor necessary to do the work required
under this contract and unload, haul and distribute all pipe, castings,
fittings, valves, hydrants and excavate the trenches and pits to the
required dimensions; excavate the bell holes, construct and maintain all
bridges for traffic control; sheet, brace and support the adjoining ground
or structures where necessary; handle all drainage or ground water;
provide barricades, guards and warning lights; lay and test the pipe,
castings, fittings, valves, hydrants and roadway surface unless otherwise
stipulated; remove surplus excavated material; clean the site of the work;
and maintain the street or other surface over the trenches as specified.
2. Alignment and Grade. The water main shall be installed and maintained to
the required lines, grades and top of pipe elevations shown on the
construction Plans with fittings, valves and hydrants, and other
appurtenances, at the required locations, spigots centered in bells, and
all valve and hydrant stems plumb. The Contractor shall provide survey
layout (conducted by qualified experienced surveyors) to maintain the
required grades and alignments. The Contractor shall provide the Engineer
with a written tabular list of layout cuts, station locations and hub
offsets for all pipe laying. The required tabular list for any given
segment of the pipeline shall be provided to the Engineer at least five
working days in advance. .of0excavation of the segment in question.
3. . Creek or River Crossings. This section of the. Specifications does not
govern the construction of creek or river crossings. All creek and river
crossings as set out on the Plans or as specified, shall be constructed in
accordance with Section 493, CREEK OR RIVER CROSSINGS.
.4. Installing Ductile Iron Pipe. Ductile iron pipe and ductile iron pipe
fittings shall be installed in conformance with the recommendations of
AWWA C600, latest revision, for Installation of Ductile Iron Water Mains
and Their Appurtenances,and in conformance with the Plans and
Specifications. All ductile iron pipe, ductile iron fittings and all
other metal shall be wrapped with 8 mill polyethylene in accordance with
specification 413, POLYETHYLENE ENCASEMENT.
13. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by
5. Requirements Preparatory to Trench Excavation. In all areas where water
lines, valves, or other appurtenances are to be constructed, the existing
surface shall be removed prior to excavating the trench. There is no pay
item for these requirements and shall be considered part of the trench
excavation. These requirements are dependent upon the type of area in
which water line construction occurs and are set out elsewhere in these
Specifications.
6. Trench Excavation. All excavation of any nature shall be unclassified and
payment for same shall be included in the unit price bid for furnishing
and laying of the various sizes of pipe in place.
The trench shall be excavated so that the pipe can be laid to the
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alignment and depth required, and -it shall be excavated only so far in
advance of pipe laying as set out elsewhere in this Specification. It is
essential that the discharge of any trench dewatering pumps be conducted
to natural drainage channels, drains or storm sewers.
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The Contractor shall proceed with caution in the excavation and
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preparation of the trench so that the location of underground structures
and utilities, both known and unknown, may be determined, and he shall be
.held responsible for the repair of such structures and utilities when
broken or otherwise damaged.
' The Contractor is reminded of the importance of Safety and compliance with
all safety requirements -of the contract and State and Federal regulations.
' a. Trench Depth. The trench shall be excavated to at least 6 inches
below the grade required to provide a minimum of 36 inches of pipe
cover. This pipe cover shall be measured and is defined as follows.
(1) Land Level Normal to the Direction of the Pipeline. A minimum
of 36 inches of cover shall be provided. This cover shall be
measured from the top of the barrel of the pipe to the top of
the existing natural ground surface.
' (2) Cut Sections. A minimum of 36 inches of cover shall be
required. This cover shall be measured from the top of the
pipe barrel to the adjacent low surface of the right of way.
' (3) Fill Sections. A minimum of 36 inches of cover shall be
required. This cover shall be measured from the top of the
pipe barrel to the natural ground surface underlying the fill.
b. Trench Width. The excavated water line trench shall be in general
conformance with the typical ditch section as shown on the standard
detail sheet of the Plans at any point from the trench bottom to a
' point 12 inches above the top of the pipe barrel.
c. Trench Length. The Engineer shall have the right to limit the
amount of trench excavated in advance of laying the pipe. In
general, such excavation shall not exceed 100 feet, and trench
excavated to grade shall not exceed 100 feet.
Every trench in rock shall be fully opened at least 50 feet in
advance of the place where pipe is being laid.
7. Ductile Iron Pipe Bedding. After the trench has been excavated as set out
above, the ductile iron pipe shall have a bed prepared according to the
type of area through which construction is proceeding.
a. Pipe Bedding. The ductile iron pipe shall be bedded in bedding
material as specified elsewhere in these Specifications. The pipe
shall be bedded from a point 6 inches below the bottom of the pipe
barrel to 6 inches over the top of the pipe. All overexcavation
below the pipe shall be backfilled with pipe bedding material at the
Contractor's expense, except as provided in 411-C.8 below. The
additional material required will be placed in 3 inch lifts and
thoroughly tamped. This procedure will be repeated until the
established grade has been reached. All pipe bedding shall be
tamped so as to provide a uniform and continuous bearing support for
' the pipe at every point along the pipe barrel.
b. Pipe Bedding (Driving Surfaces, Curb and Cutter, or Areas Underlain
by Solid Rock). Where the water line excavation is within the
' limits and approximately perpendicular to or crossing curb and
gutter or driving surfaces, including paved and unpaved roads,
driveways or parking lots, the bedding material shall be aggregate
base course, Class 7. where the bottom of the trench is solid rock,
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the pipe bedding material shall be aggregate base course, Class 7.
All overexcavation below the pipe shall be backfilled with pipe
bedding material at the Contractor's expense. The bedding material
shall be aggregate base course Class 7. The additional material
required will be placed in 3 inch lifts and thoroughly tamped. This
procedure will be repeated until the established grade has been
reached. All pipe bedding shall be tamped so as to provide a
uniform and continuous bearing support for the pipe at every point
along the pipe barrel.
8. Excavation in Poor Soil and Refillin to Grade. Where the bottom of the
trench at subgrade is found to be unstable or to include ashes, cinders,
all types of refuse, vegetable or other organic materials, or large pieces
of fragments of inorganic material which in the judgment of the Engineer
should be removed, the Contractor shall excavate and remove such
unsuitable material to. the width and depth ordered by the Engineer.
Before the pipe is laid, the subgrade shall be made by backfilling with
aggregate base course, Class 7, in 6 inch uncompacted layers. The layers
shall be hand or machine tamped so as to provide a uniform and continuous
bearing and support for the pipe at all points along the pipe length.
Extra payment will be made for the additional trench backfill required in
accordance with the Methods of Measurement and Payment section of these
Specifications. However, no additional compensation will be made to the
Contractor for the additional excavation.
9. Bracing and Shoring. The sides of any excavation, when deemed necessary,
shall be properly supported with bracing; shoring or sheeting as the need
may be. Such bracing and shoring shall be withdrawn as the work
progresses. In case the excavation is close enough to buildings or other
foundations as to endanger their stability by the removing of such
bracings, then they shall be made secure and left in place, and the water
line trench backfilled and thoroughly tamped with the bracing in place.
The Contractor will not be paid for such bracing, sheeting, or shoring
whether it is withdrawn or left in the trench. This section does include
all requirements for trench safety and the Contractor shall comply with
the OSHA requirements for trench safety as specified elsewhere in these
specifications.
10. Removal of Water and Muck. The Contractor shall provide sufficient pumps
and other necessary equipment to keep the trench free of water which may
accumulate. If the bottom of the trench becomes soft and muddy, the
Contractor shall remove all such soft material and replace it with dry
loam, sand, or crushed limestone bedding gravel at his own expense. Under
no conditions will ductile iron pipe water line be laid in a trench that
has not been properly dewatered.
11. Deviations Occasioned by Other Structures. Whenever obstructions not shown on the Plans are encountered during the progress of the work and
interfere to such an extent that an alteration in the plan is required,
the Engineer shall have the .authority to change the Plans and order a deviation from the line and grade or arrange with •the owners of the
structures for the removal, relocation or reconstruction of the
obstruction.
12. Concrete Reaction Backing. All ductile iron pipe fittings shall have concrete reaction backing. Backing shall be placed between solid
undisturbed soil and the fitting to be anchored: The area of bearing on
the pipe shall be that shown on the detail sheet of the Plans. The backing shall, unless otherwise shown or directed, be so placed that the
pipe and fitting joints will be accessible for repair. All fittings shall
be wrapped with 8 mill polyethylene prior to the placement of reaction
backing.
13. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by
the Engineer, concrete cover shall be placed over the top of the water
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line to the dimensions shown on the Plans. Where in the opinion of the
Engineer additional concrete cover is required, it shall be provided and
installed by the Contractor.
14. Concrete Encasement. Where shown on the Plans or otherwise directed by
the Engineer, the water ,line shall be encased in concrete to the
dimensions shown on the Plans. Where in the opinion of the Engineer
additional encasement is required, it shall be provided and installed by
the Contractor. Pipe joints shall not be encased for a distance of 2 feet
either side of the joint.
15. Concrete Thrust Anchors. Where shown on the Plans or otherwise directed
by the Engineer, concrete thrust anchors shall be constructed as shown in
detail on the Plans. Actual dimensions of the anchors will be determined
by the width of the trench at each location where an anchor is to be
constructed.
16. Pipe Detection Tape, Pipe Protection Cover and Backfill. Pipe detection
tape, pipe protection cover and backfill shall be placed in accordance
with these Specifications.
17. Flushing. Sterilizing and Testing of Ductile Iron Pipe Water Lines. Newly
laid water lines shall be flushed, sterilized and tested in accordance
with these Specifications.
18. Cleanup. Cleanup shall be in accordance with these Specifications.
19. Replacement and Repair of Driving Surfaces. Replacement and repair of
driving surfaces shall be made in accordance with these Specifications, as
applicable.
END OF SECTION 411
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Section 412 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR WATER LINES
A. GENERAL
The work to be included under this section of the Specifications shall consist
of providing all materials, labor, equipment, tools, supplies, and incidentals
necessary for the construction of polyvinyl chloride (PVC) pipe water lines. The
work shall include every item of construction necessary for a complete and
acceptable installation as shown on the Plans and hereinafter specified.
B. MATERIALS
1. Polyvinyl Chloride (PVC) Water Pipe
a. Two (2) inch Diameter. PVC water pipe shall conform to the
requirements of ASTM D-2241, latest revision. The plastic material
used in making the pipe shall be clean, virgin, Cell-
Classification
12454B PVC compound conforming to ASTM Resin Specification D-1784,
latest revision. Clean, reworked material generated from the
manufacturer's own production shall be acceptable as long as the
pipe produced meets all the requirements of the Specifications.
The pipe shall be pressure rated at 200 psi, with standard dimension
ratio (SDR) 14. Net laying lengths shall be 20 feet ±1 inch.
b. Diameters four (41 Inch and larger. PVC water pipe in these sizes
shall conform to the requirements of AWWA C900, latest edition. The
pipe shall be Class 200 with standard dimension ratio (SDR) 14. Net
laying lengths shall be 20 feet ±1 inch.
2. Joints for PVC Pipe
a. Two (2) inch Diameters All joints for 2 inch diameter PVC pipe
shall comply with ASTM Specification D-3139, Joints for Plastic
Pressure Pipes Using Flexible Elastomeric Seals.' Joint bells shall
be formed integrally with the pipe and shall have a raceway or
groove which is specially formed to accept and retain the gasket.
Pipe spigots shall be beveled and shall have insertion stop marks.
Qualification tests of the joint design shall result in no leakage
under various laboratory test conditions of joint alignment and
pressure at 2-1/2 times rated pressure and at 22 inches (560 mm) Hg
vacuum.
b. Diameters four (41 inch and larger. All joints for PVC pipe having
diameters larger than or equal to 4 inches •shall conform to. the
requirements of AWWA C900, latest edition.
3. Fittings for PVC Pipe
a. Two t21 inch Diameters. All fittings for 2 inch diameter PVC pipe
shall comply with ASTM Specification D-3139, Joints for Plastic
Pressure Pipes Using Flexible Elastomeric Seals.Joint bells shall
be formed integrally with the pipe and shall have a raceway or
groove which is specially formed to accept and retain the gasket.
Pipe spigots shall be beveled and shall have insertion stop marks.
Qualification tests of the joint design shall result in no leakage
under various laboratory test conditions of joint alignment and
pressure at 2-1/2 times rated pressure and at 22 inches (560 mm) Hg
vacuum.
b. Diameters four t4) Inch and larger. All fittings for PVC pipe
having diameters 4 inch or larger shall be mechanical joint ductile
iron complying with Section 411 of these Specifications. The
Contractor shall furnish any transitions, gaskets, or other devices
required to adapt mechanical joint- ductile iron fittings to PVC
' water pipe as a part of the item bid as "ductile iron fittings." No
pay item for such devices is included in this contract, but shall be.
considered subsidiary to the bid item of ductile iron fittings.
4. Gaskets for PVC Joints and Fittings. Gaskets shall be molded or extruded
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from a high grade, properly vulcanized, elastomeric compound consisting of
either a basic natural or synthetic rubber. Gaskets shall be marked to
show IPS for pressure rated pipe, nominal pipe size, manufacturer's
' identification, and year of manufacture. Gaskets shall be color striped
on the side of the gasket that faces the open bell to facilitate proper
installation. Gaskets shall comply with the requirements of ASTM
Specification F-477, Elastomeric Seals (Gaskets) for Joining Plastic
Pipes.'
5. Lubricant for PVC Joints and Fittings. Lubricant shall be suitable for.
water piping use at temperatures from 5° to 120° F. (-15° to 50° C.). It
shall have no deteriorating effect on the gasket or pipe material. It
I. shall be non-toxic and not support the growth of bacteria. It shall be
water soluble and shall not impart taste or odor to water in the water
line which has been properly flushed. Containers shall be labeled with
the manufacturer's name and identified as PVC pipe joint lubricant. Each
lubricant container shall ave printed instructions for usage and joint
assembly.
6. Polyvinyl Chloride Pipe Bedding Material. Bedding material for PVC pipe
' shall be as specified in Section 310, PIPE BEDDING MATERIAL. Note: There
is no special pay item for PVC pipe bedding material. This item shall be
considered subsidiary to the PVC pipe.
' 7. Crushed Stone Base Trench Backfill. Crushed stone base trench backfill
(where required) shall be aggregate base course, Class 7, as specified
elsewhere in these Specifications. Note: This item shall be paid for at
the unit price bid in the Bid, and as set out 'in the Methods of
Measurement and Payment.
8. Concrete. Concrete encasement or cover (where required) shall be as
specified elsewhere in these Specifications.
9. Special Pipe Cover. Special pipe cover (where required) shall be as set
out for bedding gravel as hereinbefore specified. Note: There is no
special pay item for special pipe cover.
' 10. Independent Laboratory Inspection. PVC pipe and PVC pipe fittings
furnished and installed on this project shall be inspected and tested by
the manufacturer. The Contractor shall furnish to the Engineer, prior to
' delivery, manufacturers' certificates stating that all pipe will be
manufactured in compliance with these Specifications. The certificate
shall also fully describe the pipe proposed to be furnished.
' If evidence appears that all provisions of the applicable ASTM Standards
have not been complied with after the pipe has been delivered, the Owner
will require such field testing and sampling as necessary for certified
statements of compliance to the provisions of said standards to be
' furnished by an approved independent laboratory. The cost for the testing
and sampling or job delay will be the responsibility of the pipe supplier
if the pipe is not in compliance. The Owner will pay the cost of the
testing and sampling if the pipe is in compliance with the Specifications.
' However, the Owner will not be responsible for job delay. The independent
laboratory shall be one which may be chosen by the pipe manufacturer and
approved by the Engineer.
Iii. Tracer Wire. Tracer wire shall be 14 gauge coated copper for underground
burial and shall be taped to the top of the pipe at 12 foot intervals.
Additionally, the trace wire shall extend from the main along all services
into the meter box.
12. Pipe Detection Tape. Pipe detection tape shall be furnished and installed
in accordance with Section 414, PIPE DETECTION TAPE. . '
C. POLYVINYL CHLORIDE PIPE WATER LINE CONSTRUCTION
1. General, the Contractor shall, unless otherwise specified, furnish all '
material, equipment, tools and labor necessary to do the work required
under this contract and unload, haul and distribute all pipe, castings,
fittings, valves, hydrants and excavate the trenches and pits to the
required dimensions; excavate the bell holes, construct and maintain all
bridges for traffic control; sheet, brace and support the adjoining ground
or structures where necessary; handle all drainage or ground water;
provide barricades, guards and warning lights; lay and test the pipe,
castings, fittings, valves, hydrants and roadway surface unless otherwise
stipulated; remove surplus excavated material; clean the site of the work;
and maintain the street or other surface over the trenches as specified.
Alignment and Grade. The water main shall
required lines and grades with fittings,
appurtenances, at -the required locations,
all valve and hydrant stems plumb.
be laid and maintained to the
valves and hydrants, and other
spigots centered in bells, and
3. Installing Polyvinyl Chloride Pipe. All pipe and fittings for pipe 4
inches in diameter and larger shall be installed in conformance with the
recommendations of ANSI/AWWA C605-94, "AWWA Standard for Underground
Installation of Polyvinyl Chloride (PVC) Pressure Pipe and Fittings for
Water" and in conformance with the Specifications hereinafter set out. All
2 inch pipe and fittings shall be installed in accordance with ASTM D-
2774, Underground Installation of Thermoplastic Pressure Piping,' and in
conformance with the Specifications hereinafter set out.
4. Requirements Preparatory to Trench Excavation. In all areas where water
lines, valves, or other appurtenances are to be constructed, the existing
surface shall be removed prior to excavating the trench. There is no pay
item for these requirements and shall be considered part of the trench
excavation. . These requirements are dependent upon the type of area in
which water line construction occurs and are specified elsewhere in these
Specifications.
5. Trench Excavation. The construction of this project is through an area of
widely varying soil types and depths. Rock excavation may be required in
some instances. All excavation of any nature shall be unclassified and
payment for same shall be included in the unit price bid for furnishing
and laying of the various sizes of pipe in place.
The trench shall be excavated so that•the pipe can be laid to the
alignment and depth required, and it shall be excavated only so far in
advance of pipe laying as set out below in these Specifications. The
trench shall be so braced and drained that the workmen may work therein
safely and efficiently. It is essential that the discharge of any trench
dewatering pumps be conducted to natural drainage channels, drains or
storm sewers.
The Contractor shallproceed' with caution in the excavation and
preparation of the trench so that the exact location of underground
structures and utilities, both known and unknown, may be determined, and
he shall be held responsible for the repair of such structures and
utilities when broken or otherwise damaged during trench excavation.
It shall be the responsibility of the contractor to prospect in advance of
the water line construction to locate any and all conflicts and to
determine exact locations for service and other connections. If any
conflicts with the water line construction are found the contractor shall
notify the Engineer immediately.
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The Contractor is reminded of the importance of Safety and compliance with
all safety requirements of the contract and State and Federal regulations.
a. Trench Depth.: The trench shall'be excavated to at least 6 inches
below the grade required to provide a minimum of 36 inches of pipe
cover. This pipe cover shall be measured and is defined as follows.
1) Land Level Normal to the Direction of the Pipeline. A minimum
of 36 inches of cover shall be provided. This cover shall be
measured from the top of the barrel of the pipe to the top of
the existing natural ground surface.
2) Cut Surfaces. A minimum of 36 inches of cover shall be
required. This cover shall be measured from the top of the
pipe barrel to the adjacent low surface of the right of way.
3) Fill Sections. A minimum of 36 inches of cover shall be
required. This cover shall be measured from the top of the
pipe barrel to the natural ground surface underlying the fill.
b. Trench Width. The excavated water line trench shall not exceed the
width as shown on the standard detail sheet of the Plans at any
point from the trench bottom to a point 12 inches above the top of
the pipe barrel.
If the Contractor overexcavates the trench, he shall provide
additional pipe bedding material or concrete as necessary to prevent
crushing of the water pipe due to excessive earth loads. All
additional bedding material or concrete required shall be furnished
at the Contractor's expense.
c. Trench Length. The Engineer shall have the right to limit the
amount of trench excavated in advance of laying of pipe. In
general, such excavation shall not exceed 100 feet, and trench
excavated to grade shall not exceed 100 feet or that length in which
installation shall be completed during the. workday.
Every trench in rock shall be fully opened at least 50 feet in
advance of the place where pipe is being laid.
Unmanned open trenches shall not be allowed. Overnight open
trenches shall not be allowed.
6. Polyvinyl Chloride Pipe Bedding. All PVC pipe shall be bedded in pipe
bedding material. The pipe shall be bedded from a point a minimum of 6
inches below the bottom of the pipe barrel to a point a minimum of 6
inches above' the top of the pipe by the full width of the excavated ditch.
All overexcavation below the pipe shall be backfilled with pipe bedding
material at the Contracto'r's expense. The additional material required
will be placed in 8 inch lifts and thoroughly tamped. This procedure will
be repeated until the established grade has been reached. All pipe
bedding shall be tamped so as to provide a uniform and continuous bearing
support for the pipe at every point along the pipe barrel.
Note: Pipe bedding shall be subsidiary to the PVC pipe.
7. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the
trench at subgrade is found to be unstable or to include ashes, cinders,
all types of refuse, vegetable or other organic materials, or large pieces
of fragments of inorganic material which in the judgment of the Engineer
should be removed, the Contractor shall excavate and remove such
unsuitable material to the width and depth required. Before the pipe is
laid, the subgrade shall be made by backfilling with crushed stone trench
backfill in 8 inch uncompacted layers. The layers shall be hand or
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machine tamped so as to provide a uniform and continuous bearing and
support for the pipe at all points along the pipe length. Extra payment
will be made for the additional crushed stone trench backfill required in
accordance with the Methods of Measurement and Payment section of these
Specifications. However, no additional compensation will be made to the
.Contractor for the additional excavation.
8. Bracing and Shoring. The sides of any excavation, when deemed necessary,
shall be properly supported with bracing, shoring or sheeting as the need
may be. Such bracing and shoring shall be withdrawn as the work
progresses. In case the excavation is close enough to buildings or other
foundations as to endanger their stability by the removing of such
bracings, then they shall be made secure and left in place, and the water
line trench backfilled and thoroughly tamped with the bracing in place.
The Contractor will not be paid for such bracing, sheeting, or shoring
whether it is withdrawn or left in the trench. This section does include
all requirements for -trench safety and the Contractor shall comply with
the OSHA requirements for trench safety as specified elsewhere in these ,
specifications.
9. Removal of Water and Muck. The Contractor shall provide sufficient pumps
and other necessary equipment to keep the trench free of water which may
accumulate. If the bottom of 'the trench becomes soft and muddy, the
Contractor shall remove all such soft material and replace it with dry
loam, sand, or pipe bedding material at his own expense. Under no
circumstances will polyvinyl chloride pipe water line be laid in a trench
that has not been properly dewatered.
10. Deviations Occasioned by Other Structures. Whenever obstructions not
shown on the Plans are encountered during the progress of the work and
interfere to such an extent that an alternation in the plan is required,
the Engineer shall have the authority to change the Plans and order a
deviation from the line and grade or arrange with the owners of the
structures for the removal, relocation or reconstruction of the
obstruction.
11. Concrete Reaction Backing. All PVC pipe fittings shall have concrete
reaction backing.. Backing shall be placed between solid ground and the
fitting to be anchored. The area of bearing on the pipe shall be that
shown on the detail sheet of the Plans .or as directed by the Engineer.
The backing shall, unless otherwise shown or directed, be so placed that
the pipe and fitting joints will be accessible for repair. All fittings
shall be wrapped with 8 mill polyethylene prior to the placement of
reaction backing. There is no pay item for concrete for reaction backing.
This item shall be considered subsidiary to water line installation.
12. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by
the Engineer, concrete cover shall be placed over the top of the water
line to the dimensions shown on the Plans. Where in the opinion of the
Engineer additional concrete cover is required, it shall be provided and
installed by the Contractor.
13. Concrete Encasement. Where shown on the Plans or otherwise directed by
the Engineer, the water line shall be encased in concrete to the
dimensions shown on the Plans. Where in the opinion of the Engineer
additional encasement is required, it shall be provided and installed by
the Contractor. Pipe joints shall not be encased for a distance of 2 feet
either side of the joint.
14. Pipe Detection Tape Pipe Protection Cover and Backfill. Pipe detection
tape, pipe protection cover and backfill shall be placed as specified
elsewhere in these Specifications.
15. Testing of Polyvinyl Chloride Water Lines. Newly laid water lines shall
be hydrostatically tested as specified elsewhere in these Specifications.
for flushing, disinfecting and testing of water lines.
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16. Cleanup, Cleanup shall be as specified elsewhere in these Specifications.
17. Replacement and Repair of Drivin❑ Surfaces. Replacement and repair of
driving surfaces shall be made as specified elsewhere in these
Specifications.
' END OF SECTION
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Section 413 POLYETHYLENE ENCASEMENT '
A. GENERAL - '
The work to be included under this section of the Specifications shall consist
of providing all materials, labor, equipment, tools, supplies, and incidentals
necessary for polyethylene encasement of pipe, fittings, valves and other
appurtenances as shown on the Plans and hereinafter specified.
B. MATERIALS
Polyethylene Encasement. Polyethylene shall be in conformance to ANSI/AWWA C1OS,
latest revision. The polyethylene film shall have a minimum nominal thickness
of .008 inch (8 mils), and shall be provided in either flat tube or sheet form,
at the option of the Contractor.
C. LOCATION
Polyethylene encasement shall be provided on all ductile iron pipe and all
ductile iron or gray iron fittings, without regard to pipe material or type.
Polyethylene encasement shall be provided on all metal pipe, fittings, hydrants,
valves, and all buried metal of any accessory or appurtenance, without regard to
the material type.
D. CONSTRUCTION
Polyethylene encasement shall be installed in accordance with ANSI/AWWA C1OS,
latest revision, for either Method A, B or C installation. The encasement shall
be protected from prolonged exposure to sunlight to prevent deterioration of the
polyethylene film.
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END OF SECTION 413
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Section 414 PIPE DETECTION TAPE
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The work to be included under this section of the Specifications shall consist
of providing all materials, labor, equipment, tools, supplies, and incidentals
necessary for pipe detection tape as shown on the Plans or Specifications and
hereinafter specified.
B. MATERIALS
The detectable tape shall be "detect Tape" as manufactured by Allen Systems, Inc.
or approved equal, and shall consist of a minimum thickness of 0.35 mils solid
aluminum foil encased in a protective inert jacket that is impervious to all
known alkais, acids, chemical reagents and solvents found in the soil, The
minimum overall thickness of the tape shall be 5.5 mils and the width shall not
be less than 2 inches with a medium unit weight of 2 1/2 pounds/l inch x 1000
feet.
The tape shall be color coded and imprinted with the message as follows:
Type of Color
Utility Code Legends
Water Safety precaution Caution Buried
blue Water line Below
Sewer
Safety green
C. LOCATION AND.._ CONSTRUCTION.
Caution Buried
Sewer line Below
Pipe detection tape shall be provided in all trenches for water line and sewer
line construction. Installation shall be per manufacturer's recommendations and
shall be as close as practical to finished grade while maintaining a required
minimum of 18 inches between the detection tape and the top of any pipe line.
END OF SECTION 414
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Section 450 GATE VALVES AND BUTTERFLY VALVES
A. GENERAL.
The work to be included under this section of the Specifications shall consist
of providing all materials, labor, equipment, tools, supplies, and incidentals
necessary for the installation of gate valves and butterfly valves. The work'
shall include every item of construction necessary for a complete and acceptable
installation as shown on the Plans and hereinafter specified.
B. MATERIALS
Valves specified in this section are intended for buried use on water
distribution lines and for use as auxiliary valves for fire hydrants. Unless
otherwise shown on the•Plans, all valves 12 inches (nominal diameter) and larger
shall be butterfly valves. All valves smaller than 12 inches (nominal diameter)
shall be resilient seated gate valves.
1. . Catalog Data and Assembly Drawings. For all gate valves, butterfly valves
and valve boxes hereinafter specified, the manufacturer shall furnish to
the Engineer prior to delivery, catalog data, including illustrations and
a parts schedule giving the material of which parts are made, in
sufficient detail to serve as a guide in the assembly and disassembly of
the valve as well as in ordering repair parts. The manufacturer shall
also submit three sets of certified drawings for approval by the Engineer,
showing the principal dimensions, construction details, and materials used
for all parts of the valve. All valves shall be furnished in accordance
with the certified drawings after they have been approved by the Engineer.
2. Gate Valves (0-200 psi Working Pressures. Unless otherwise shown on the
plans, all gate valves furnished and installed shall be resilient seated
type, non -rising stem gate valves, in conformance with the requirements of
AWWA C509, latest revision, for Resilient Seated Gate Valves, 3 Through
12 NPS, for Water and Sewage Systems.All gate valves shall be designed
for a minimum of 200 psi working pressure. All gate valves shall be M&H,
AWWA C509 Resilient Seated Gate Valves or approved equal (Waterous,
Muller, Clow...).
a. Stem.Seal. All gate valves shall haveO' ring stem seals. The O'
ring stem seal shall be so designed that the seal above the stem
collar can be replaced with the valve under pressure in the
full -open position.
b. Valve Ends. All gate valves shall have standard mechanical joint
ends unless tapping valves, valves with flanged ends, or valves of
a special nature are indicated on the Plans.
c. Operation. All buried gate valves shall be designed for operation
with a nominal 2 inch square operating nut. The standard direction
of opening shall be open left (counterclockwise) as viewed from the
top. Where shown on the Plans or specified, handwheels in
conformance to AWWA C509 shall be provided.
d Protective Coating. The interior and exterior of the valve body,
bonnet and seal plate shall have factory applied fusion bonded epoxy
coating meeting AWWA C550 latest revision.
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Testing. The valve shall be tested in accordance with AWWA C509,
latest revision.
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f. Affidavit of Compliance. The manufacturer shall furnish to the
Engineer prior to delivery, an affidavit stating that the valve and
all materials used in its construction conform to the requirements
of AWWA C509 and AWWA C550, latest revisions, and that all tests
specified therein have been perfdrmed and that all test requirements
have been met.
3. Butterfly Valves. All butterfly valves furnished and installed shall be
Class 250E in conformance with the requirements of AWWA C504, latest
revision, for 'Rubber Seated Butterfly Valves.All butterfly valves
shall be groundhog type, as furnished by Henry Pratt Company, or approved
equal.
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a. Body. The valve body shall be constructed of cast iron ASTM A-126,
Class B, and shall have integrally cast mechanical joint ends unless
alternate valve ends are indicated on the Plans. Body thickness
shall be in strict accordance with AWWA C504, latest revision, Class
250B.
b. Valve Seats. All butterfly valves shall be of the tight closing,
synthetic rubber -seat type, as follows.
1) Valves 20 inches (nominal diameter) and smaller shall have
bonded seats which are simultaneously molded in, vulcanized
and bonded to the body. Seat bond must withstand 75 pounds
pull under test procedure ASTM D429, Method B.
2) on valves 24 inches and larger, all seats shall be of a
synthetic rubber compound. Seats shall be retained in the
.valve body by mechanical means without retaining rings,
segments, screws or hardware of any kind in the flow stream.
Seats shall be a full 360° without interruption and have a
plurality of grooves mating with a spherical disc edge seating
surface. Valve seats shall be field adjustable around the
full 3600 circumference and replaceable without dismantling
operator, disc or shaft and without removing the valve from
the line. Manufacturer shall certify that rubber seat is
field replaceable.
c.
Valve Discs. Valve discs shall be as follows.
1) Valves 12 inches through 20 inches nominal diameter:
Valve
discs shall be constructed of alloy cast iron ASTM
A-436,
Type 1.
2) Valves 24 inches nominal diameter: Valve discs shall
be cast
iron with a stainless steel seating edge.
3) Valves 30 inches through 48 inches nominal diameter:
Valve
discs shall be ductile iron with a stainless steel
seating
edge.
d.
Valve Shaft and Bearings. The valve shaft shall be constructed
of
stainless steel and the bearings shall be corrosion resistant
and
self-lubricating.
e.
Operator. The valves shall be equipped with a totally enclosed
type
operator, fully gasketed and grease packed, suitable for
direct
burial. The operator shall be designed for operation with a
nominal
2 inch square operating nut for use with a T -wrench. Operators
shall be designed to open with a counterclockwise rotation
of the
operator nut.
f.
Protective Coating. All valves shall have factory applied
fusion
bonded epoxy coating meeting AWWA C550 latest revision.
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g. Testing. The valve shall be -hydrostatically tested at 250 psi for
leakage in accordance with AWWA C504, latest revision..
h. Affidavit of Compliance. The manufacturer shall furnish to the
Engineer prior to delivery, an affidavit stating that the valve and
all materials used in its construction conform to the requirements
of AWWA C504, latest revision, and that all tests specified therein
have been performed and that all test requirements have been met.
4. Outside Coating. Unless noted otherwise on the Plans, all butterfly
valves shall have factory applied fusion bonded epoxy coating meeting AWWA
C550 latest revision. Bituminous coatings are not allowed.
Where valves are specifically shown and detailed on the plans to be
painted, the following specification for factory primed valves shall
apply:
Factory Primed valves: Unless otherwise shown on the Plans, all
exposed valves within the limits of structure walls or any valves
exposed above ground shall be delivered to the job site factory
blasted, cleaned and primed with one coat of Kop-Coat 340 Gold
Primer or Kop-Coat 622 LCF Primer, or approved equal.
5. Valve Boxes. All buried valves shall be equipped with cast iron valve
boxes. The valve boxes, including all appurtenances, shall be cast iron.
The valve box and appurtenances shall consist of a base, extensions as
required, and a top section with a drop lid. The lid shall be marked with
the word WATER.All valve boxes shall be compatible with the gate or
butterfly valves for which they are provided. The manufacturer shall
submit three sets of drawings prior to delivery for approval by the
Engineer, showing the principal dimensions, construction details, and
materials used in construction of the valve box.
6. Concrete. All concrete used for the placement of valve box collars shall
be in conformance to the Concrete section of these Specifications.
7. Tapping Sleeve and Valve. The •Contractor shall provide and install
tapping sleeves and tapping valves designed for use on 200 psi water line
pipe at the locations shown on the Plans. The tapping sleeve and valve
shall be mechanical joint. The tapping sleeves shall be JCM Type 432
(lines 6" - 12") JCM 412 (12" lines and above), or approved equal. The
valve shall be as specified above and shall have mechanical joint flanges.
C. CONSTRUCTION.
All valves shall be installed at the locations shown on the Plans or at the
direction of the Engineer, and shall be installed in accordance with the detail
sheet of the Plans and these Specifications.
1. Valve Installation. Gate and butterfly valves shall be installed in
accordance with AWWA C600, latest revision, Sections 3.3 and 3.6, and with
either AWWA C504 or AWWA C509, as applicable, latest revisions (appendices
included), the manufacturer's recommendations, and these Specifications.
2. Visual Inspection. Prior to installation, all valves shall be visually
inspected for defects, and any foreign material in the valve interior
removed.
Valve Boxes. A valve box as specified shall be provided for each valve
used in a buried service application. The valve box shall be installed so
as not to transmit shock or stress to the valve. The valve box shall be
centered and plumb over the operating nut of the valve with the box cover
flush with the surface of the finished surface. The valve box shall be
backfilled evenly around its
perimeter with select material. The material
shall be hand tamped so that the ground will not settle after placement of
the concrete collar.
4. Valve Box Collar. All valve box- lids shall have an 18 inch square
concrete collar placed around them. The collar shall be centered on the
valve box lid and shall be 6 inches thick. The top of the pad shall be
flush with the top of the box and the surrounding ground or roadway
surface. Valve box collars shall not be constructed until every item of
cleanup has been completed.
5. Dead Ends. Valves located at the end of pipelines shall have ductile iron
plugs or caps with or without blowoff cocks as shown on the Plans. All
dead end valves shall be restrained or blocked as shown on the Plans.
END OF SECTION 450
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Section 461 PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL
SEWER AND WATER
A. GENERAL '
The work to be included under this section of the Specifications shall consist
of providing all materials, labor, equipment, tools, supplies, and incidentals
necessary for backfilling areas excavated during the construction of sewer lines,
manholes, force mains, water lines, valves, fittings, fire hydrants, and other
appurtenances. The work shall include every item of construction necessary for
a complete and acceptable installation as shown on the Plans and hereinafter
specified. Areas of construction within creek or river crossings, county roads,
or state highways shall be backfilled in accordance with other sections of these
Specifications.
B. MATERIALS '
Granular Base Backfill. Granular base backfill (where specified) shall be
aggregate base course, Class 7, as defined in Section 303 of the 1993 Edition of
the Arkansas State Highway Department Specifications. The Contractor shall
submit suppliers' certificates stating that the material provided is in
accordance with these Specifications.
C. CONSTRUCTION - '
Areas excavated for the construction of sewer lines, manholes, force mains, water
lines, valves, fittings, and other appurtenances shall have pipe protection cover
placed, and shall be backfilled in accordance with these Specifications.
1. Pine Protection Cover. Pipe protection cover to a depth of 12 inches
above the top of the bedding material, shall consist of select material
free from rocks larger than 2 inches, and may require hand placement.
However, should the material excavated from the trench be sufficiently
free of rock larger than 2 inches, the trench may be machine backfilled.
Should the excavated material not be suitable for machine backfill or hand
placement, the Contractor may, at his option, use granular base to a depth
of 12 inches above the top of the pipe. The trench may then be backfilled
as outlined below.
When pipe construction is within or crossing curb and gutter, parking
lots, a street or other driving surface, the pipe protection cover shall
consist of granular base trench backfill as defined above. The pipe
protection cover shall be placed from the top of the bedding or embedment
of the pipe to a point 12 inches above the top of the pipe by the trench
width.
Pipe Detection Tape. Pipe detection tape shall be installed in accordance
with Section 414, PIPE DETECTION TAPE.
Backfillinc. After the pipe protection cover has been placed, the trench,
excavated areas around manholes, valves, fittings, fire hydrants, and
other appurtenances shall be backfilled with excavated material free from
rock larger than 12 inches and in accordance with the following
Specifications, depending upon the type of area in which excavation
occurs.
Extra care shall be exercised around manholes to assure that the backfill
material is placed evenly around the perimeter of the manhole. Manholes
shall not be backfilled prior to 12 hours after the manhole forms have
been removed. '
a. Compaction. All pipeline trench backfill shall be placed in layers
of appropriate thickness and compacted using a mechanical,
hydraulically -powered vibratory trench compactor or other equivalent
' equipment. Heavy compaction equipment shall not be used closer than
2 feet to the top of the pipe. Any backfill failing to meet the
compaction requirements set out below shall be replaced and/or
recompacted until the backfill materials meet the compaction
' specifications. Any costs associated with replacement, recompaction
and testing shall be borne by the Contractor.
All trench backfill (except under paved or driving surface areas as
' detailed below) shall be compacted to 90 percent (minimum) of that
of the adjacent undisturbed soil.
In areas where the trench is parallel to or crosses any paved area
or driving surface including streets, parking lots or driveways, the
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pipe protection cover and the backfill shall be crushed stone trench
backfill as specified in Section 300 CRUSHED STONE BASE (AHTD Class
7). The Crushed stone trench backfill (aggregate base course, Class
7) shall be placed in 6 to 8 inch lifts and compacted to 95 percent
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modified Proctor density (ASTM D1557-78). One density test per
crossing shall be required. Where the trench runs mostly parallel
to the driving or paved surface one density test shall be required
per 250 feet or portion thereof. An additional test will be made
' for each test failure at approximately 100 feet either side of
failing test. The Engineer shall select the specific location for
testing.
' Driving surface repairs shall be made in accordance with the
Specifications governing the type of pavement repair to be made.
In areas to be topsoiled, the density of the backfill material shall
I. be tested at a depth of 12 to 18 inches below the finished grade
prior to the placement of the topsoil.
The cost for performing all density tests shall be borne by the
' Contractor. The test shall be performed by a qualified soils
laboratory acceptable to the Engineer.
b. Lawns. Gardens and Other Well -Kept Areas. After the pipe protection
cover has been placed, the trench shall then be backfilled and
compacted with excavated material. Topsoil stored along the trench
line shall then be replaced to a minimum depth of 6 inches over the
trench and 3 inches over all damaged surfaces. In the event there
' is insufficient topsoil stored along the ditch line to accomplish
the topsoiling requirement, the Contractor shall haul in additional
topsoil to meet this requirement and shall do so without additional
cost to the Owner. The topsoil over the trench shall be left
' slightly rounded in order to allow for some settlement. It is the
intent of these Specifications to insure that no settlement of the
trench occurs after seeding and mulching the areas. In the event
such does occur, it will be the responsibility of -the Contractor to
' repair the settled areas.
C. Mowed or Cultivated Areas (Excluding Gardens). The requirements for
backfilling in these areas is identical to that specified in
' paragraph 2.b above, except that it is the intent of the
Specifications to replace the top 6 inches of the soil using the
excavated topsoil, regardless of the quality of that material. Only
when the Contractor allows the material excavated from the top of
the trench to become mixed with the remaining excavation will he be
required to haul in additional material to replace the top 6 inches.
If the Contractor is required to haul in additional material, he
shall haul in topsoil free of roots, weeds, clay and rocks, and from
' a source approved by the Engineer, and shall do so without
additional cost to the Owner.
d. Steep, Wooded or Rocky Areas. After the pipe protection cover has
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been placed, the trench shall -be backfilled with excavated material.
The trench shall be compacted to insure that the backfill has been
thoroughly consolidated. The trench backfill material shall be left
slightly rounded to allow for additional settling.
e. Sidewalks, Curb and Gutter Crossings. In all areas where excavation
crosses or is parallel to and within the limits of a sidewalk or
curb and gutter, the trench shall be backfilled with aggregate base
course, Class 7, as specified in paragraph 2.a above, which shall be
compacted in accordance with the requirements of 2.a above.
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Cleanup. Cleanup shall be as specified elsewhere in these Specifications.
Replacement and repair of driving surfaces, sidewalks, and curb and gutter
shall be as specified elsewhere in these Specifications.
END OF SECTION 461
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' Section 462 FLUSHING. HYDROSTATIC TESTING. DISINFECTION
AND DYNAMIC TESTING OF WATER LINES
' A. GENERAL
The work to be included under this section of the Specifications shall consist
of providing all materials, labor, equipment, tools, supplies, and incidentals
necessary for the flushing, hydrostatic testing, disinfection, and dynamic
testing of water lines.
' B. MATERIALS
Water. Water for flushing, testing and disinfecting all facilities will be
supplied by the Owner. The Contractor shall schedule and coordinate this work
Ito ensure that it will not be carried on during periods of high water usage.
Water valves on the existing water system shall only be operated by, or under the
direct personal supervision of the City of Fayetteville Water Department.
IC. FLUSHING. TESTING AND DISINFECTION
After completion of construction of all water lines, the Contractor shall flush,
test and disinfect the new water lines as set out below. The Contractor shall
carefully manage his flushing, testing and disinfection activities to minimize
the wastage of water. A reasonable amount of water will be furnished to the
Contractor by the Owner, free of cost to the Contractor. If the Contractor
requires additional amounts of water due to water line breaks, neglect on the
part of the Contractor, or poor management of his activities, water shall be
'purchased from the Owner at their bulk rate.
1. Flushing. The Contractor shall fill and flush the newly constructed lines
and visually check all combination air release and vacuum valves, blowoff
' valve assemblies, line valves, and fire hydrants to assure proper
operation.
2. Hydrostatic Testing. All pipe on this project shall be tested as set out
' in ANSI/AWWA C605-94, latest revision. Tests will be conducted only after
the line is completed, including all taps and meter settings as required
and the backfill completed. These tests shall be performed by the
Contractor in the presence of the Engineer or Engineer's representative.
' The Contractor shall furnish all necessary pressure gauges, meters, and
pumps and make all taps and connections.
Each valved section of pipe shall be slowly filled with water and the
specified test pressure shall be applied by means of a pump connected, to
the pipe in a manner satisfactory to the Engineer. Before applying the
test pressure, all air shall be expelled from the pipe by permanent taps
or corporation cocks where necessary.
' a. Test Pressure and Duration. Test pressure shall be the greatest of
150 percent of the static pressure or 200 psi, whichever is greater.
The Engineer will assist the Contractor in determining test pressure
I. at any given point. The Contractor shall provide all pumps or other
equipment necessary to maintain the test pressure within t5 pounds
per square inch at the test point for a period of two hours.
' b. Definition of Leakage. The leakage test shall be conducted
concurrently with the pressure test. Leakage shall be defined as
the quantity of water that must be supplied into the newly laid
pipe, or any valved section thereof, to maintain pressure within 5
' psi of the above specified test pressure after the air in the
pipeline has been expelled and the pipe has been filled with water.
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The Contractor shall be responsible for providing all pumps,
equipment. and appurtenances necessary to maintain the above
specified test pressure, and to meter the water supplied to the line
in order to maintain the test pressure within the limits specified.
c. Allowable Leakage. Leakage for water pipe shall be within the
limits set out in ANSI/AWWA C605-94, latest revision. No pipe
installation will be accepted until the leakage is less than the
number of gallons per hour as determined by the formula:
L = SDJp-
7,400
Where L = allowable leakage, in gallons per hour
S = length of pipe tested, in feet
D = nominal diameter of the pipe, in inches
P = average test pressure during the leakage test, in pounds
per square inch (gauge)
Should any test of pipe laid disclose leakage greater than that
specified, the Contractor shall, at his own expense, locate and
repair the defective joints, and retest the line until the leakage
is within the specified allowance.
d. Visible
Leaks. All
visible leaks shall be repaired
regardless of the
amount
of leakage.
3. Disinfection. After successful testing; the Contractor shall flush the
line at a velocity equal to or greater than 2.5 feet per second. The line
shall then be disinfected in accordance with ANSI/AWWA C651, latest
revision, for Disinfecting Water Mains,' continuous feed method, except
that the . placing of hypochlorite granules into the main during
construction will not be permitted.
The contractor shall take great care when flushing the line to assure
proper drainage is available to prevent harm at any adjacent or downstream
location.
Disposal of the disinfecting water shall be in a manner that will protect
the public and the receiving waters from harmful concentrations of
chlorine. Disinfecting water shall be diluted or otherwise have the
chlorine concentration diluted in a manner approved by the Engineer.
The transmission line and facilities shall be considered sterilized after
the Owner has received negative reports on samples taken along the line
and at each facility and sent to the Arkansas Department of Health for
testing. Negative reports must be received on samples taken at 24 -hour
intervals. The Owner shall obtain and deliver samples to the Arkansas
Department of Health for testing. J
After sterilization is complete, the Contractor shall then flush the
sterilizing solution from the lines, and the treated water lines will then
be placed into service.
The Contractor shall furnish personnel to assist the Owner in the
operation of all valves, etc., to initially •start up the system, if
requested to do so by the Owner.
5. Acceptance. Upon successful completion of the sterilization, the dynamic
test, and final cleanup, the water line will be considered complete.
END OF SECTION 462
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Section 472 FIRE HYDRANTS
A. GENERAL
The work to be included under this section of the Specifications shall consist
of providing all materials, labor, equipment, tools, supplies, and incidentals
necessary for the construction of fire hydrant assemblies. The work shall
include every item of construction necessary for a complete and acceptable
installation as shown on the Plans and hereinafter specified.
B. MATERIALS
1. catalog Data and Assembly Drawings. For all fire hydrants, auxiliary gate
valves and valve boxes hereinafter specified, the. manufacturer shall
furnish to the Engineer prior to delivery, catalog data, including
illustrations and a parts schedule giving the material of which parts are
made, in sufficient detail to serve as a guide in the assembly and
disassembly of the fire hydrant as well as in ordering repair parts. The
manufacturer shall also submit three sets of certified drawings for review
by the Engineer, showing the principal dimensions, construction details,
and materials used for all parts of the valve. All valves shall be
furnished in accordance with the certified drawings after they have been
reviewed by the Engineer.
2. Fire Hydrants. All fire hydrants furnished and installed on this project
shall be dry barrel hydrants in conformance with AWWA C502, latest
revision, for Dry Barrel Fire Hydrants,' and shall be designed for a
working pressure of 200 pounds per square inch gauge. Pressure class 200
fire hydrants shall be three-way, painted white above the ground line with
reflective paint 7216 3M. Approved fire hydrants are Mueller Centurion
hydrants, Catalog No. A-423 or Waterous 5 1/4" WB67-90.
a. Hydrant Inlet. The hydrant shall have a 6 inch mechanical joint
inlet in conformance to the dimensions shown in ANSI/AWWA
C110/A21.10, latest revision.
b. Main Valve Openings. Three-way hydrants shall have a 5-1/4 inch
valve opening.
c. Fire Hydrant Connecting Pipe. The connecting pipe shall be ductile
iron pipe as specified elsewhere in these Specifications. Three-way
hydrants shall have 6 inch connecting pipes.
d. Hydrant Barrels and Extensions. All fire hydrants shall be equipped
with a two-piece barrel having a flange at the ground line. The
pipe shoe shall be designed for a minimum 42 inch bury. However,
the Contractor shall provide extensions (Mueller A-320 or equal) as
necessary to set the hydrants to the proper elevations at each
location.
e. Nozzles. Three-way hydrants shall be equipped with two 2-1/2 inch
hose nozzles and one 4 inch pumper nozzle.
f. Operating Nut. The operating nut shall be a nominal 1-1/2 inch
pentagon, National Standard operating nut designed to open left
(counterclockwise).
g. Safety Stem Coupling and Safety Flange. All fire hydrants shall be
equipped with a safety stem coupling and flange which are intended
to fail upon vehicle impact without damage to the stem or main
valve.
h. Testing. All fire hydrants shall be tested in accordance with
AWWA C502, latest revision.
i. Affidavit of Compliance. The manufacturer shall furnish to the
Engineer, prior to delivery, an affidavit stating that the fire
hydrant and all materials used in its construction conform to the
requirements of AWWA C502, latest revision, and these
Specifications, and that all tests specified therein have been
performed and that all test requirements have been met.
Auxiliary Gate Valves. Valve Boxes, and Valve Box Collars. All fire
hydrant installations shall have auxiliary gate valves, valve boxes, and
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valve box collars meeting all provisions specified elsewhere in these
Specifications.
4. Connecting Pipe. The fire hydrant assembly shall have a connecting pipe
between the mechanical joint end of the auxiliary gate valve and the fire
hydrant. The connecting pipe shall be of the length shown on the Plans
and shall be a locked hydrant adapter so that no joint separation will
occur under pressure.
5. Concrete. All concrete used for reaction backing and valve box collars
shy in conformance with the Concrete section of these Specifications.
There is no additional pay for concrete for reaction backing or for valve
box collars.
6. Polyethylene encasement and Pine Detection tape Polyethylene encasement
and pipe detection tape shall be provided as specified in Sections 413 and
414.
C. CONSTRUCTION
All fire hydrants shall be installed at the location shown on the Plans or at the
direction of the Engineer and shall be installed in accordance with the detail
sheet of the Plans and these Specifications.
1. Examination of Material. Prior to installation, all hydrants shall be
inspected for direction of opening, cleanliness of inlet elbow, handling
damage, and cracks.
2. Placement. All hydrants shall stand plumb within a tolerance of 1/8 inch
horizontally in 12 inches vertically.
The nozzles shall be parallel with, or at right angles to, the street with
the pumper nozzle facing the curb.
Hydrants shall be set to established grade with the nozzle centerline at
least 18 inches above the ground, unless otherwise directed by the
Engineer.
3. Location. Unless otherwise shown on the Plans, the hydrants shall be
placed as follows.
a. When placed beyond the curb, the hydrant barrel shall be set so that
no portion of the pumper or hose nozzle cap will be less than
6 inches nor more than 12 inches from the gutter face of the curb.
b. When set in the lawn space between the curb and the sidewalk, or
between the sidewalk and the property line, no portion of the
hydrant or nozzle cap shall be within 6 inches of the sidewalk.
4. Connection to Mains. Each hydrant shall be connected to the main with a
6 inch ductile iron pipe branch and independent 6 inch gate valve as shown
on the Plans. The 6 inch branch of the main line fittings shall be
equipped with retaining lip and swivel gland for positive restraint
without tie rods.
5. Hydrant Drainage in Pervious Soil. Wherever a hydrant is set in soil that
is pervious, drainage shall be provided at the base of the hydrant by
placing coarse gravel or crushed stone mixed with coarse sand from the top
of the concrete reaction backing to at least 6 inches above the waste
opening in the hydrant, and to a distance of 1 foot around the elbow. No
drainage system shall be connected to a sewer.
6. Hydrant Drainage in Impervious Soil. Wherever a hydrant is set in clay or
other impervious soil, drainage shall be provided at the base of the
hydrant by placing coarse gravel or crushed stone mixed with sand from the
top of the reaction backing to at least 6 inches above the waste opening
in the hydrant, and to a distance -3 feet around the elbow. No drainage
system shall be connected to a sewer.
7. Reaction Backing. The bowl of each hydrant shall be braced against
unexcavated earth at the end of the trench with concrete reaction backing
as shown on the Plans or directed by the Engineer. IN NO CASE SHALL THE
CONCRETE BACKING BLOCK OR IMPEDE FLOW FROM THE FIRE HYDRANT DRAIN PORTS.
END OF SECTION 472
2
Section 487 PIPELINE CLEANUP AND SEEDING
A. GENERAL
Cleanup shall be considered an important part of this project, and adequate
equipment and qualified personnel shall be applied to this phase of the work from
the very beginning of the project. Seeding and placing of straw mulch shall not
be done during the period of June 15 through September 15.
' There is no separate pay item for cleanup, and this work shall be considered
subsidiary to the unit price bid for pipe. There are generally four
classifications of cleanup to be used on this project, as set out below.
'Class I Cleanup. Areas of construction within lawns, gardens, or other
• well -kept areas, including street rights of way that are kept as lawns by
adjacent landowners.
• Class II Cleanup. Areas of construction within fields, meadows and street
'rights of way which are mowed or cultivated (gardens excepted).
Class III Cleanup. Areas of construction that are heavily brushed or
wooded, steep rocky slopes, or other areas where it is not practical for
the area to be cultivated.
Special Cleanup. Unless otherwise noted under paragraph B.4 of this
Specification, no special cleanup will be required.
' B. METHOD OF CLEANUP
The method of cleanup for each of the classes defined above shall be as set out
' below.
1. Class I Cleanup - Lawns, Gardens, Etc. The trench shall be backfilled in
accordance with the Pipe Specifications. After the topsoil has been
replaced to the same depth as adjacent undisturbed areas over the damaged
areas, the Contractor shall proceed immediately to hand rake the entire
construction area to remove all rock 1/2 inch or larger in diameter.
Debris of every type shall be removed and all damaged tree limbs shall be
' pruned. After the area has been raked and accepted, it shall be seeded at
the rate of 0.15 pounds per 100 square feet, using the following seed
mixture (percent expressed in terms of weight).
' Lawn Fescue 40%
Blue Grass 30%
Rye Grass (Annual) 30%
' During or after seeding is complete, all areas shall be covered with
10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately
one-half pound per 100 square feet. No watering will be required.
' However, after seeding and fertilization the entire area shall be rolled
with a roller of sufficient size and weight to achieve a smooth finished
surface prior to mulching.
' Straw mulch consisting of good grade clean straw, free of weeds or seed
shall be placed over seeded areas and shall be uniformly spread so as to
provide a thickness of approximately 2 inches when first spread.
' Where the existing ground cover does not contain any of the grasses as set
out in the seed mixture above (Bermuda grass, Zoysia, etc.), the
Contractor shall be responsible for cutting, removing stockpiling and
saving the existing sod on the job site. After constructing the water
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line and backfilling the trench, the sod shall be replaced to a condition
equal to or better than that prior to construction. In the event that
insufficient sod has been stored, or sod has been lost or destroyed, the
Contractor shall be responsible for providing and installing new solid sod
of the existing type to complete the cleanup.
2. Class II Cleanup - Fields. Meadows, Etc. The trench shall be backfilled
in accordance with the Pipe Specifications. After the backfill is
completed and the surface over the trench left slightly rounded, the area
shall be machine raked to remove all rock to a condition equal to the
existing surface on the better side of the adjacent existing right of way.
All excess excavated material shall be removed from the site, including
excess material which. has accumulated around fence posts, trees,
mailboxes, etc. All areas which have been disturbed, such as that caused
by equipment tracks, shall be carefully backfilled and repaired as though
it were a part of the actual trench excavation. Seeding and fertilizing
of these areas is required using the seed mixture and application rates
• set out below (percent expressed in terms of weight).
Field Fescue 40%
Rye Grass (Annual) 40%
White Clover (Common) 20%
After the area has been accepted, it shall be seeded at the rate of 0.15
pounds per 100 square feet. During or after seeding is complete, all
areas shall be covered with 10-20-30 fertilizer at the rate of 250 pounds
per acre, or approximately one-half pound per 100 square feet. No
watering will be required. However, after seeding and fertilization the
entire area shall be rolled with a roller of sufficient size and weight to
achieve a smooth finished surface prior to mulching.
Where the existing field grass is Bermuda, or other type not specified
above, the Contractor shall place such topsoil as required, and shall seed
with the existing type grass so that an equivalent ground cover will be
provided.
Straw mulch consisting of good grade clean straw, free of weeds or seed
shall be placed over seeded areas and shall be uniformly spread so as to
provide a thickness of approximately 2 inches when first spread.
3. Class III Cleanup = Steep, Wooded or Rocky Areas. The trench shall be
backfilled in accordance with the Pipe Specifications. After the trench
backfill is complete, all damaged brush of every type shall be cut just
below ground surface and all damaged limbs shall be trimmed. All brush
and debris shall be disposed of by the Contractor and the entire area
shall be machine raked so that the area of construction is in a condition
equal to the existing surface on the better side of the existing adjacent
right of way.
The area of the trench line shall then be seeded and fertilized at the
rate of 0.15 pounds per 100 square feet using the same seed mixture,
fertilizer and application rates as set out under Class II cleanup, except
that tall fescue (Kentucky 31) shall be used in place of field fescue.
Straw mulch consisting of good grade clean straw, free of weeds or seed
shall be placed over seeded areas and shall be uniformly spread so as to
provide a thickness of approximately 2 inches when first spread.
4. Special Cleanup and Restoration Requirements.
All work which is performed in the street as required and shown on the plans,
shall be left in a clean and neat manner in accordance with the plan details.
The contractor shall clean, remove and dispose of any excess material and leave
the trench ready for repairs by the City.
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S. All Areas. All work within the construction area shall be cleaned to the
' satisfaction of the Owner. In general, all rocks, trash or rubbish of any
nature shall be removed from the site of the work.
During construction, the Contractor shall at all times keep work areas in
a clean, neat and workmanlike condition. Excess pipe, excavation, brush
and materials of construction shall be removed and disposed of as the work
progresses. In built-up areas, including lawns, the job site shall be
cleaned up immediately behind construction. Streets and driveways blocked
by excess materials after basic construction is completed will not be
tolerated.
If the trench should settle while the Contractor is still on the job or
' within one year of the project completion date, the Contractor shall make
the requirea repairs at no additional cost to the Owner in accordance with
the continuing responsibility provisions of these Specifications.
Failure of Contractor to make necessary repairs during the one year period
' will be cause for Owner to make or contract for such repairs and invoice
the Contractor for all costs.
6. Restoration of Damaged Surfaces and Property. Where any pavement, trees,
' shrubbery, fences, poles or other property and surface structures have
been damaged, removed or disturbed by the Contractor, whether deliberately
or through failure to carry out the requirements of the contract
documents, state laws, municipal ordinances, or through failure to employ
' usual and reasonable safeguards, such property and surface structures
shall be replaced or repaired at the expense of the Contractor.
7. Access after Construction. Unless otherwise directed, all areas shall be
graded after construction so as to be accessible by four wheel drive
'vehicle.
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Section 502 CONCRETE
A. GENERAL
This work consists of all concrete work, forms, reinforcing and related items
necessary to complete all Concrete Paving, driving surface repairs, Street
repairs, sidewalk, curbs and gutter, reaction backing and other concrete work as
indicated on the drawings and described in the specifications.
B. REFERENCED MATERIALS AND CONSTRUCTION.
The following Specifications are hereby referenced and made a part of these
Specifications. These Specifications are contained in the Standard
Specifications for Highway Construction,' Edition of 1993, published by the
Arkansas State Highway Commission. The page numbers given below refer to pages
in these 'Standard Specifications for Highway Construction.'
These Specifications are available for inspection in the Engineer's office, or
may be, obtained from the Arkansas State Highway Department, Little Rock,
Arkansas, and are set out below.
DIVISION 500 RIGID PAVEMENT
SECTION 501 through SECTION 512
DIVISION 600 INCIDENTAL CONSTRUCTION
Pages
. . . . . . . . . . . 271 - 324
Pages
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SECTION 609 DROP INLETS AND JUNCTION BOXES . . . . 368 -
SECTION 633 CONCRETE WALKS AND STEPS. . . . . . . . . . . . 438 - 438
SECTION 634 CURBING . . . . . . . . . . . . . . . . . . 440 - 443
DIVISION 800 STRUCTURES
Pages
SECTION 802 CONCRETE FOR STRUCTURES . . . . . . . . . . . . . 561 - 614
SECTION 804REINFORCING STEEL FOR STRUCTURES . . . . . . . . 616 - 623.
All concrete for this project shall conform to the above referenced "Standard
Specifications for .Highway Construction,' Edition of 1993, published by the
Arkansas State Highway Commission with the following specific exceptions:
1. All concrete shall be ready -mix type concrete. The Contractor shall not
batch or mix concrete.
2. Class "AA" concrete is hereby defined as a concrete with a minimum 28 day
compressive strength of 4200 psi. Class "AA" concrete shall be used for all
City of Fayetteville concrete paving and concrete street repairs.
3. Class "A" concrete is defined as a concrete with a minimum 28 day compressive
strength of 3,000 psi. Class "A" concrete shall be used for constructing
manholes and other structures, concrete driveway repair, sidewalk repair and curb
and gutter repair, reaction backing, pipe encasement, and where otherwise
directed by the Engineer.
4. All concrete shall have air entrainment added at the ready -mix plant by the
concrete supplier. Concrete for paving shall have air entrainment of
6 t +/- 1 1/2 % (4.5 to 7.5 percent). All other concrete shall have air
entrainment of 3 to 6 percent.
5. No other admixtures, including calcium chorlide, shall be permitted.
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TESTING
The Contractor, under the Engineer's supervision, shall take samples and make
tests as hereinafter listed for each 40 cubic yards of fresh concrete or fraction
thereof placed on the project, but not less than one set for each day's concrete
' placement. It shall be the Contractor's responsibility to collect all samples,
prepare casting specimens, protect, cure, transport, and pay for all costs
associated with testing. The project inspector shall inspect the preparation of
all specimens.
' Slump Tests: Tests for slump shall be made at the place of deposit and in
accordance with ASTM C-143. Tests shall be made periodically, when cylinders are
made, and as often in the opinion of the Engineer when a change in consistency
of the concrete mix is noted. The Contractor shall have a slump cone at the job
site at all times when concreting operations are in progress. Unless otherwise
noted or specified, the slump shall be within the limits of 1 to 4 inches.
Compression and Strength Tests: Each test shall consist of four standard 6 inch
' by 12 inch cylinders; two cylinders to be tested at the age of seven days and two
cylinders at the age of 28 days. Samples shall be taken, cured and tested in
accordance with latest ASTM standards.
' When the ultimate compressive strength of any cylinder falls below the specified
strength for the class of concrete specified, the design mix and water content
shall be adjusted to produce the specified strength for concrete that is
subsequently placed. In addition, the Engineer may order additional curing for
that portion of the structure where the questionable concrete has been placed.
In the event that such additional curing does not give the strength required, as
determined by load tests made in accordance with ACI 318, or cored cylinder
tests, and if such tests indicate the necessity, the defective parts shall be
removed and
replaced,
or shall be reinforced
as
directed by
the Engineer, at the
'
Contractor's
expense,
including the expense
of
the tests.
7. Measurement and payment shall be as defined in the Bid'Proposal and/or as
' specified elsewhere in these specifications.
Unless specifically noted above, the referenced Standard Specifications for
Highway Construction,' Edition of 1993, published by the Arkansas State Highway
Commission will control.
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Section 611 Pipe Underdrains (a.k.a. "French Drains"1
A. GENERAL
This work consists of constructing underdrains using pipe, aggregate and
geotextile filter material including trench excavation, backfill and cleanup.
B. REFERENCED MATERIALS AND CONSTRUCTION.
The following Specifications are hereby referenced and made a part of these
Specifications. These Specifications are contained in the 'Standard
Specifications for Highway Construction,' Edition of 1993, published by the
Arkansas State Highway Commission. The page numbers given below refer to pages
in these Standard Specifications for Highway Construction.'
These Specifications are available for inspection in the Engineer's office, or
may be obtained from the Arkansas State Highway Department, Little Rock,
Arkansas, and are set out below.
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DIVISION
600
INCIDENTAL CONSTRUCTION
Pages
SECTION
611
Pipe Underdrains; outlet
protectors and covers .
373 - 376
C. CONSTRUCTION.
The pipe underdrain system shall be constructed in the location shown, and to the
dimensions as detailed on the contract plans.
Surface preparation, trenching, cleanup and restoration shall be as defined
elsewhere in these specifications.
D. MEASUREMENT AND PAYMENT.
Measurement and payment shall be as defined in the Bid Proposal and/or as
specified elsewhere in these specifications.
Unless specifically noted above, the referenced Standard Specifications for
Highway Construction,Edition of 1993, published by the Arkansas State Highway
Commission will control.
End of Section 611
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§1926.606 29 CFR Ch. XVII (7-1-92 Edition) '
(6) Obstructions shall not be laid on
or across the gangway. -
(7) The means of access shall be ade-
quately illuminated for its full length.
(8) Unless the structure makes it im
possible, the means of access shall : be
so located that the load will not pass
over employees.
(c) Working surfaces of barges. (1)
Employees shall not be permitted to
walk along the sides of covered light-
ers or barges with coamings more than
5 feet high, unless there is a 3 -foot
clear walkway, or a grab rail, or a taut
handline is provided.
(2) Decks and other working sur-
faces shall be maintained in a safe
condition.
(3) Employees shall not be permitted
to pass fore and aft, over, or around
• deckloads, unless there is a safe pas-
sage.
(4) Employees shall not be permitted
to walk over deckloads from rail to
coarning unless there is a safe passage.
If it is necessary to stand at the out-
board or inboard edge of the deckload
where less than 24 inches of bulwark,
rail, coaming, or -other protection
exists, all employees shall be provided
with a suitable means of protection
against falling from the deckload.
(d) First -aid and lifesaving equip-
ment. (1) Provisions for rendering first
aid and medical assistance shall be in
accordance with Subpart D of this
part.
(2) The employer shall ensure that
there is in the vicinity of each barge in
use at least one U.S. Coast Guard -ap-
proved 30 -inch lifering with not less
than 90 feet of line attached, and at
least one portable or permanent
ladder which will reach the top of the
apron to the surface of the water. If
the above equipment is not available
at the pier, the employer shall furnish
it during the time that he is working
the barge.
(3) Employees walking or working on
the unguarded decks of barges shall be
protected with U.S. Coast Guard -ap-
proved work vests or buoyant vests.
(e) Commercial diving operations.
Commercial diving operations shall be
subject to subpart T of part 1910,
§* 1910.401-1910.441, of this chapter.
(39 FR 22801. June 24, 1974, as amended at
42 FR 37674, July 22, 1977]
$1926.606 Definitions applicable to this
subpart.
(a) Apron —The area along the wa-
terfront edge of the pier or wharf. -
(b) Bulwark —The side of a ship
above the upper deck.
• (c) Coaming—The raised frame, as
around a hatchway in the deck, to
keep out water.
(d) Jacob's. ladder —A marine ladder
of rope or chain with wooden or metal
rungs.
(e) Rail, for the purpose of
§ 1926.605, means a light structure
serving as a guard at the outer edge of
a ship's deck. _
Subpart P —Excavations
Aarsotux.. 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.
Souscr 54 FR 45959, Oct. 31, 1989, unless
otherwise noted.
§ 1926.650 Scope, application, and defini-
tions applicable to this subpart,
(a) Scope and application. This sub-
part applies to all open excavations
made in the earth's surface. Excava-
tions are defined to include trenches.
(b) Definitions applicable to this
subpart. -
Accepted engineering practices
means those requirements which are
compatible with standards of practice
required by a registered professional
engineer.
Aluminum Hydraulic Shoring means
a pre-engineered shoring system com-
prised of aluminum hydraulic cylin-
ders (crossbraces) used in conjunction
with vertical rails (uprights) or hori-
zontal rails (walers). Such system is
designed, specifically to support the
sidewalls of an excavation and prevent
cave-ins.
Bell-bottom pier hole means a type
of shaft or footing excavation, the
bottom of which is made larger than
the cross section above to form a
belled shape.
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§ 1926.650
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Benching (Benching system) means
a method of protecting employees
from cave-ins by excavating the sides
of an excavation to form one or a
series of horizontal levels or steps,
usually with vertical or near -vertical
surfaces between levels.
Cave-in means the separation of a
mass of soil or rock material from the
side of an excavation, or the loss of
soil from under a trench shield or sup-
port system, and its sudden movement
into the excavation, either by falling
or sliding, in sufficient quantity so
that it could entrap, bury, or other-
wise injure and immobilize a person.
Competent person means one who is
capable of identifying existing and
predictable hazards in the surround-
ings, or working conditions which are
unsanitary, hazardous, or dangerous
to employees, and who has authoriza-
tion to take, prompt corrective meas-
ures to eliminate them.
Cross braces mean the horizontal
members of a shoring system installed
perpendicular to the sides of the exca-
vation, the ends of which bear against
either uprights or wales.
Excavation means any man-made
cut, cavity, trench, or depression in an
earth surface, formed by earth remov-
al.
Faces or sides means the vertical or
inclined earth surfaces formed as a
result of excavation work.
Failure means the breakage, dis-
placement, or permanent deformation
of a structural member or connection
so as to reduce its structural integrity
and its supportive capabilities. -
Hazardous atmosphere means an at-
mosphere which by reason of being ex-
plosive, flammable, poisonous, corro-
sive, oxidizing, irritating, oxygen defi-
cient, toxic, or otherwise harmful, may
cause death, illness, or injury.
Sickout means the accidental re-
lease or failure of a cross brace.
Protective system means a method of
protecting employees from cave-ins,
from material that could fall or roll
from an excavation face or into an ex-
cavation, or from the collapse of adja-
cent structures. Protective systems in-
clude support systems, sloping and
benching systems, shield systems, and
other systems that provide the neces-
sary protection.
Ramp means an inclined walking or
working surface that is used to gain
access to one point from another, and
is constructed from earth or from
structural materials such as steel or,
wood.
Registered Professional Engineer
• means a person who is registered as a
professional engineer in the state
where the work is to be performed
However, a professional engineer, reg-
istered in any state is deemed to be a
"registered professional engineer"
within the meaning of this standard
when approving designs for "manufac-
tured protective systems" or "tabulat-
ed data" to be used in interstate com-
merce.
Sheeting means the members of a
shoring system that retain the earth
in position and in turn are supported
by other members of the shoring
system.
Shield (Shield system) means a
structure that is able to withstand the
forces imposed on it by a cave-in and
thereby protect employees within the
structure. Shields can be permanent
structures or can be designed to be
portable and moved along as work pro-
gresses. Additionally, shields can be
either premanufactured or job -built in
accordance with § 1926.652 (c)(3) or
(c)(4). Shields used in trenches are
usually referred to as "trench boxes"
or "trench shields."
Shoring (Shoring system) means a
structure such as a metal hydraulic,
mechanical or timber shoring system
that supports the sides of an excava-
tion and which is designed to prevent
cave-ins.
Sides. See "Faces."
Sloping (Sloping system) means a
method of protecting employees from
cave-ins by excavating to form sides of
an excavation that are inclined away
from the excavation so as to prevent
cave-ins. The angle of incline required
to prevent a cave-in varies with differ-
ences in such factors as the soil type,
environmental conditions of exposure,
and application of surcharge loads.
Stable rock means natural solid min-
eral material that can be excavated
with vertical sides and will remain
intact while exposed. Unstable rock is
considered to be stable when the rock
material on the side or sides of the ex -
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§ 1926.651 29 CFR Ch. )MI (7-1-92 Edition) ,
cavation is secured against caving -in or
movement by rock bolts or by another
protective system that has been de-
signed by a registered professional en-
gineer. •
..
Structural ramp means a ramp built
of steel or wood, usually used for vehi-
cle access. Ramps made of soil or rock
are not considered structural ramps.
Support system means a structure
such as underpinning, bracing, or
shoring, which provides support to an
adjacent structure,. underground in-
stallation, or the sides of an excava-
tion. .
Tabulated data means tables and
charts 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..ln 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 (measuredat 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.
61926.651 General requirements
(a) Surface encumbrances. All sur-
face encumbrances that are located so
as to create a hazard to employees
shall be removed or supported, as nec-
essary, to safeguard employees.
(b) Underground installations. (1)
The estimated location of utility in-
stallations, such as sewer, telephone,
fuel, electric, water lines, or any other
underground installations that reason-
ably may be expected to be encoun-
tered during excavation work, shall be
determined prior to opening an exca-
vation.
(2) Utility companies or owners shall
be contacted within established or cus-
tomary local response times, advised
of the proposed work, and asked to es-
tablish the location of the utility un-
derground installations prior to the
start of actual excavation. When utili-
ty companies or owners cannot re-
spond to a request to locate under-
ground utility installations within 24
hours (unless a longer period is re-
quired by state or local law), or cannot
establish the exact location of these
installations, the employer may pro-
ceed, provided the employer does so
with caution, and provided detection
equipment or other acceptable means
to locate utility installations are used.
(3) When excavation operations ap-
proach the estimated location of un-
derground installations, the exact lo-
cation of the installations shall be de-
termined by safe and acceptable
means.
(4) While the excavation is open, un-
derground installations shall be pro-
tected, supported or removed as neces-
sary to safeguard employees.
(c) Access and egress (1) Structural
ramps. (i) Structural ramps that are
used solely by employees as a means of
access or egress from excavations shall
be designed by a competent person.
Structural ramps used for access or
egress of equipment shall be designed
by a competent person qualified in
structural design, and shall be con-
structed in accordance with the
design.
(ii) Ramps and runways constructed
of two or more structural members
shall have the structural members
connected together to prevent dis-
placement,
(iii) Structural members • used for
ramps and runways shall be of uni-
form thickness.
(iv) Cleats •or other appropriate
means used to connect runway struc-
tural members shall be attached to the
bottom of the runway or shall be at -
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' Occupational Safety and Health Admin., Labor
§ 1926.651
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tached in a manner to prevent trip-
ping.
(v) Structural ramps used in lieu of
steps shall be provided with cleats or
other surface treatments on the, top
surface to prevent slipping.
(2) Means of egress from trench exca-
vations. A stairway, ladder, ramp or
other safe means of egress shall be lo-
cated in trench excavations that are 4
feet (1.22 m) or more in depth so as to
require no more than 25 feet (7.62 m)
of lateral travel for employees.
(d) Exposure to vehicular traffic.
Employees exposed to public vehicular
traffic shall be . provided with, and
shall wear, warning vests or other suit-
able garments marked with or made of
reflectorized or high -visibility materi-
al.
(e) Exposure to falling loads. No em-
ployee shall be permitted underneath
loads handled by lifting or digging
equipment. Employees shall be re-
quired to stand away from any vehicle
being loaded or unloaded to avoid
being struck by any spillage or falling
materials. Operators may remain in
the cabs of vehicles being loaded or
unloaded when the vehicles are
equipped, in accordance with
§ 1926.601(b)(6), to provide adequate
protection for the operator during
loading and unloading operations.
(f) Warning system for mobile equip-
ment. When mobile equipment is oper-
ated adjacent to an excavation, or
when such equipment is required to
approach the edge of an excavation,
and the operator does not have a clear
and direct view of the edge of the ex-
cavation, a warning system shall be
utilized such as barricades, hand or
mechanical signals, or stop logs. If pos-
sible, the grade should be away from
the excavation.
(g) Hazardous atmospheres —(l)
Testing and controls. In addition to
the requirements set forth in subparts
D and E of this part (29 CFR 1926.50-
1926.107) to prevent exposure to
harmful levels of atmospheric con-
taminants and to assure acceptable at-
mospheric conditions, the following re-
quirements shall apply.
(i) Where oxygen deficiency (atmos-
pheres containing less than 19.5 per-
cent oxygen) or a hazardous atmos-
phere exists or could reasonably be ex-
vetted 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
§ 1926.651 29 CFR Ch. XVII (7-1-92 Edition) '
could include special support or shield.
systems to . protect from cave-ins,'
water removal to control the level of
accumulating water, or use of a safety
harness and lifeline.
(2) If water is controlled or prevent-
ed from accumulating by the use of
water removal equipment, the water
removal equipment and operations
shall_ be monitored by a competent
person to ensure proper operation.
(3) If excavation work interrupts the
natural drainage of surface water
(such as streams), diversion ditches,
dikes, or other suitable means shall be
used to prevent surface water from en-
tering the excavation and to provide
adequate drainage of the area adja-
cent to the excavation. Excavations
subject to runoff from heavy rains will
require an inspection by a competent
person and compliance. with para-
graphs (h)(1) and (h)(2) of this sec-
tion.
(I) Stability of adjacent structures.
(1) Where the stability of adjoining
buildings, walls, or other structures is
endangered by excavation operations, -
support systems such as shoring, brac-
ing, or underpinning shall be provided
to ensure the stability of such struc-
tures for the protection of employees.
(2) Excavation below the level of the
base or footing of any foundation or
retaining wall that could be reason-
ably expected to pose a hazard to em-
ployees shall not be permitted except
when:
(I) A support system, such as under -
Pinning, is provided to ensure the
safety of employees and the stability
of the structure; or
(ii) The excavation is in stable rock;
or
(iii) A registered professional engi-
neer has approved the determination
that the structure is sufficently re- _
moved from the excavation so as. to be
unaffected by the excavation activity;
or
(Iv) A registered professional engi-
neer has approved the determination
that such excavation work will not
pose a hazard to employees.:
(3) Sidewalks, pavements, and appur-
tenant structure shall not be under-
mined unless a support system or an-
other method of protection is provided
to protect employees from the possible
collapse of such structures.
(j) Protection of employees from
loose rock or soil, (1) Adequate protec-
tion shall be provided to protect em-
ployees from loose rock or soil that
could pose a hazard by falling or roll-
ing from an excavation face. Such pro-
tection shall consist of scaling to
remove loose material; installation of
protective barricades at intervals as
necessary on the face to stop and con-
tain falling material; or -other means
that provide equivalent protection.
(2) Employees shall be protected
from excavated or other materials or
equipment that could pose a hazard by
falling or roiling into excavations. Pro-
tection shall be provided by placing
and keeping such materials or equip=
ment at least 2 feet (.61 in) from the
edge of excavations, or by the use of
retaining devices that are. sufficient to
• prevent materials or equipment from
falling or rolling into excavations, or
by a combination of both if necessary.
(k) Inspections. (1) Daily inspections
of excavations, the adjacent areas, and
protective systems shall be made by a
competent person for evidence of a sit-
uation that could result in possible
cave-ins, indications of failure of pro-
tective systems, hazardous atmos-
pheres, or other hazardous conditions.
An inspection shall be conducted by
the competent person prior to the
start of work and as needed through-
out the shift. Inspections shall also be
made after every rainstorm or other
hazard increasing occurrence. These
inspections are only required when
employee exposure can be reasonably
anticipated.
(2) Where the competent person
finds evidence of a situation that could
result in a possible cave-in, indications
of failure of protective systems, haz-
ardous atmospheres, or other hazard-
ous conditions, exposed employees
shall be removed from the hazardous
area until the necessary precautions
have been taken .to ensure their
safety.
(1) Fall protection. (1) Where em-
ployees or equipment are required or
permitted to cross over excavations,
walkways or bridges with standard
guardrails shall be provided
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Occupational Safety and Health Admin., Labor
§ 1926.652
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(2) Adequate barrier physical protec-
tion shall be provided at all remotely
located excavations. All wells, pits,
shafts, etc., shall be barricaded or cov-
ered. Upon completion of exploration
and similar operations, temporary
wells, pits, shafts, etc., shall be back -
filled.
§ 1926.652 Requirements for protective
systems.
(a) Protection of employees in exca-
vations. (1) Each employee in an exca-
vation shall be protected from cave-ins
by an adequate protective system de-
signed in accordance with paragraph
(b) or (c) of this section except when:
(i) Excavations are made entirely in
stable rock; or
(ii) Excavations are less than 5 feet
(1.52m) in depth and examination of
the ground by a competent person
provides no indication of a potential
cave-in.
(2) Protective systems shall have the
capacity to resist without failure all
loads that are intended or could rea-
sonably be expected to be applied or
transmitted to the system.
(b) Design of sloping and benching
systems. The slopes and configurations
of sloping and benching systems shall
be selected and constructed by the em-
ployer or his designee and shall be in
accordance with the requirements of
paragraph (b)(1); or, in the alterna-
tive, paragraph (b)(2); or, in the alter-
native, paragraph (b)(3), or, in the al-
ternative, paragraph (b)(4), as follows:
(1) Option (1) Allowable configura-
tions and slopes. (i) Excavations shall
be sloped at an angle not steeper than
one and one-half horizontal to one
vertical (34 degrees measured from the
horizontal), unless the employer uses
one of the other options listed below.
(ii) Slopes specified in paragraph
(b)(1)(i) of this section, shall be exca-
vated to form configurations that are
in accordance with the slopes shown
for Type C soil in Appendix B to this
subpart.
(2) Option (2) —Determination of
slopes and configurations using Ap-
pendices A and B. Maximum allowable
slopes, and allowable configurations
for sloping and benching systems,
shall be determined in accordance
with the conditions and requirements
set forth in appendices A and B to this
subpart.
(3) Option (3) —Designs using other
tabulated data. (1) Designs of sloping
or benching systems shall be selected
from and be in accordance with tabu-
lated data, such as tables and charts.
(ii) The tabulated data shall be in
written form and shall include all of
the following:
(A) Identification of the parameters
that affect the selection of a sloping
or benching system drawn from such
data;
(B) Identification of the limits of use
of the data, to include the magnitude
and configuration of slopes deter-
mined to be safe;
(C) Explanatory information as may
be necessary to aid the user in making
a correct -selection of a protective
system from the data.
(iii) At least one copy of the tabulat-
ed data which identifies the registered
professional engineer who approved
the data, shall be maintained at the
jobsite during construction of the pro-
tective system. After that time the
data may be stored off the jobsite, but
a copy of the data shall be made avail-
able to the Secretary upon request.
(4) Option (4) —Design by a regis-
tered professional engineer. (i) Sloping
and benching systems not utilizing
Option (1) or Option (2) or Option (3)
under paragraph (b) of this section
shall be approved by a registered pro-
fessional engineer.
(ii) Designs shall be in written form
and shall include at least the follow-
ing:
(A) The magnitude of the slopes
that were determined to be safe for
the particular, project;
(B) The configurations that were de-
termined to be safe for the particular
project; and
(C) The identity of the registered
professional engineer approving the
design.
(iii) At least one copy of the design
shall be maintained at the jobsite
while the slope is being constructed.
After that time the design need not be
at the jobsite, but a copy shall be
made available to the Secretary upon
request.
(c) Design of support systems, shield
systems, and other protective systems.
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.§ `;9264$2
'Z9 <FR -Ch. XNHi<7-1-92*thflon)
Designs :of support systems shield sys-
tems, and other protective systems
shall be. selected -and• constructed by
the-employeror his designee_and shall
be -in •°accordance with -the require-
ments .of. paragraph (c)(i); or, :in the
alternative; paragraph (.)(2); or, in the
alternative,, paragraph (c)(3); or, in the
alternative'paragraph (c)(4); as fol-
lows:
(1) Option (1) —Designs using'appen-
dices A, C and D. Designs for timber
shoring in trenches shall be deter-
mined ,in accordance with the condi-
tions and requirements set forth in ap-
pendices A and C to this subpart. De-
signs for aluminum hydraulic shoring
shall be in accordance with paragraph
(c)(2) of this section, but if manufac-
turer's tabulated data cannot be uti-
lized, designs shall be in accordance
with appendix D.
(2) Option (2) —Designs Using Manu-
facturer's Tabulated Data. (I) Design
of support systems, shield systems, or
other protective systems that are
drawn from manufacturer's tabulated
data shall be in accordance with all
specifications, recommendations, and
limitations issued or made by the man-
ufacturer.
(ii) Deviation from the specifica-
tions, recommendations, and limita.
tions issued or made by the manufac-
turer shall only be allowed after the
manufacturer issues specific written
approval.
(iii) Manufacturer's specifications,
recommendations, and limitations, and
manufacturer's approval to deviate -
from the specifications, recommenda-
tions, and limitations shall be in writ-
ten form at the jobsite during con-
struction of the protective system
After that time this data may be
stored off the jobsite, but a copy shall
be made available, to the Secretary
upon request.
(3) Option (3) Designs using other
tabulated data. (i) Designs of support
systems, shield systems, or other pro-
tective systems shall be selected from
and be in accordance with tabulated
data, such as tables and charts.
(ii) The tabulated data shall be in
written form and include all of the fol-
lowing
'•-(A) Identification of :the .parameters
that affect the selection of a -protec-
tive system jdrawn from such .data; .
(B) Identification -of the limits of irse
of the data;
(C) Explanatory information as nmy
be tecessary _to aid the user 'in: making
a correct selection of a protective
system from the data.
(iii) At least one copy of -.the tabuiat-
ed data, which Identifies .the regis-
tered professional engineer who ap-
proved the data, shall be maintained
at the jobsite during construction -o€-
the .protective system. After that time
the data may be :stored off the jobsite,
but a copy of the data shall be made
available to the Secretary upon re-
quest. _
(4) Option (4) —Design by a regis-
tered professional engineer. (i) Sup-
portsystems, shield systems, and
other protective systems not utilizing
Option 1, Option 2 or Option 3, above,
shall be approved by a registered pro-
fessional engineer.
(ii) Designs shall be in written form
and shall include the following.
(A) A plan indicating the sizes,
types, and configurations of the mate-
rials to be used in the protective
system; and
(B) The identity of the registered
professional engineer approving the
design.
(iii) At least one copy of the design
shall be maintained at the jobsite
during construction of the protective
system. After that time, the design
may be stored off the jobsite, but a
copy of the design shall be made avail-
able to the Secretary upon request.
(d) Materials and equipment. (1) Ma-
terials and equipment used for protec-
tive systems shall be free from damage
or defects that might impair their
proper function.
(2) Manufactured materials and
equipment used for protective systems
shall be used and maintained in a
manner that is consistent with the rec-
ommendations of the manufacturer,
and in a manner that will prevent em-
ployee exposure to hazards.
(3) When material or equipment
that is used for protective systems is
damaged, a competent person shall ex-
amine the material or equipment:and
evaluate its suitability for continued
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use. If the competent person cannot
assure the material or equipment is
able to support the intended loads or
is otherwise suitable for safe use, then
such material or equipment shall be
removed from service, and shall be
evaluated and approved by a regis-
tered professional engineer before
being returned to service.
(e) • Installation and removal of sup-
port —(1) General. (i) Members of sup-
port systems shall be securely connect-
ed together to prevent sliding, falling,
kickouts, or other predictable failure.
(ii) Support systems shall be In-
stalled and removed in a manner that
protects employees from cave-ins,
structural collapses, or from being
struck by members of the support
system.
(iii) Individual members of support
systems shall not be subjected to loads
exceeding those which those members.
were designed to withstand.
(iv) Before temporary removal of in-
dividual members begins, additional
precautions shall be taken to ensure
the safety of employees, such as in-
stalling other structural members to
carry the loads imposed on the sup-
port system.
(v) Removal shall begin at, and
progress from, the bottom of the exca-
vation. Members shall be released
slowly so as to note any indication of
possible failure of the remaining mem-
bers of the structure or possible cave-
in of the sides of the excavation.
(vi) Backfilling shall progress to-
gether with the removal of support
systems from excavations.
(2) Additional requirements for sup-
port systems for trench excavations. (i)
Excavation of material to a level no
greater than 2 feet (.61 m) below the
bottom of the members of a support
system shall be permitted, but only if
the system is designed to resist the
forces calculated for the full depth of
the trench, and there are no indica-
tions while the trench is open of a pos-
sible loss of soil from behind or below
the bottom of the support system.
(ii) Installation of a support system
shall be closely coordinated with the
excavation of trenches.
(f) Sloping and benching systems.
Employees shall not be permitted to
work on the faces of sloped or benched
excavations at levels above other em-
ployees except when employees at the
lower levels are adequately protected
from the hazard of falling, rolling, or
sliding material or equipment.
(g) Shield systems —(1) General (i)
Shield systems shall not be subjected
to loads exceeding those which the
system was designed to withstand.
(ii) Shields shall be installed in a
manner to restrict lateral or other
hazardous movement of the shield in
the event of the application of sudden
lateral loads.
(iii) Employees shall be protected
from the hazard of cave-ins when en-
tering or exiting the areas protected
by shields.
(iv) Employees shall not be allowed
in shields when shields are being in-
stalled, removed, or moved vertically.
(2) Additional requirement for shield
systems used in trench excavations.
Excavations of earth material to a
level not greater than 2 feet (.61 m)
below the bottom of a shield shall be
permitted, but only if the shield is de-
signed to resist the forces calculated
for the full depth of the trench, and
there are no indications while the
trench is open of a possible loss of soil
from behind or below the bottom of
the shield.
APPENDIx A TO SUBPART P—SOII.
CLASSIFICATION
(a) Scope and application —(l) 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) APpiication This appendix applies
when a • sloping or benching system is de-
signed in accordance with the requirements
set forth in § 1926.652(b)(2) as a method of
protection for employees from cave-ins.
This appendix also applies when timber
shoring for excavations is designed as a
method of protection from cave-ins in ac-
cordance with appendix C to subpart P of
part 1926, and when aluminum hydraulic
shoring is designed in accordance with ap-
pendix D. This Appendix also applies if
other protective systems are designed and
selected for use from data prepared in ac-
cordance with the requirements set forth in
§ 1926.652(c), and the use of the data is
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Subpt. P, App. A _ 29 CFR Ch. XV11 (7-1-92 Edition) I
predicated on the use of the soil classifica-
tion system set forth in this appendix.
(b) Definitions. The definitions and exam-
ples given below are based on, in whole or in
part, the following: American Society for
Testing Materials (ASTM) Standards D653-
85 and 1)2488; The Unified Soils Classifica-
tion System, The U.S. Department of Agri-
culture (USDA) Textural Classification
Scheme; and The National Bureau of Stand-
ards Report BSS -121.
Cemented soil means a soil in which the
particles are held together by a chemical
agent, such as calcium carbonate, such that
a hand -size sample cannot be crushed into
powder or individual soil particles, by finger
pressure.
Cohesive soil means clay (fine grained
soil),- or soil with a high clay content, which
has cohesive strength. Cohesive soil does
not crumble, can be excavated with vertical
sideslopes, and is plastic when moist. Cohe-
sive soil is hard to break up when dry, and
exhibits significant cohesion when sub-
merged. Cohesive soils include clayey silt,
sandy clay, silty clay, clay and organic clay.
Dry soil means soil that does not exhibit
Visible signs of moisture content.
Fissured means a soil material that has a
tendency to break along definite planes of
fracture with little resistance, or a material
that exhibits open cracks, such as tension
cracks, in an exposed surface.
Granular soil means gravel, sand, or silt.
(coarse grained soil) with little or no clay
content. Granular soil has no cohesive
strength. Some moist granular soils exhibit
apparent cohesion. Granular soil cannot be
molded when moist and crumbles easily
when dry.
Layered system means two or more dis-
tinctly different soil or rock types arranged
in layers. Micaceous seams or weakened
planes in rock or shale are considered lay-
ered.
Moist soil means a condition in which a
soil looks and feels damp. Moist cohesive -
soil can easily be shaped into a ball and
roiled into small diameter threads before
crumbling. Moist granular soil that contains
some cohesive material will exhibit signs of
cohesion between particles.
Plastic means a property of a soil which
allows the soil• to be deformed or molded
without cracking, or. appreciable volume
change.
Saturated soil means a soil in which the
voids are filled with water. Saturation does
not require flow. Saturation, or near satura-
tion, is necessary for the proper use of In-
struments such as a pocket penetrometer or
sheer vane.
Soil classification system means, for the
purpose of this subpart, a method of catego-
rizing soil and rock deposits in a hierarchy
of Stable Rock, Type A, Type B, and Type
C, in decreasing order of stability. The cate-
gories are -determined based on an analysis
of the properties and performance charac-
teristI of the deposits and the environ-
mental conditions of exposure.
Stable rock means natural solid mineral
matter that can be excavated with vertical
sides and remain intact while exposed.
Submerged soil means soil which Is under-
water or is free seeping.
Type A means cohesive soils with an un-
confined compressive strength of 1.5 ton per
square foot (tsf) (144 kPa) or greater. Exam-
ples of cohesive soils are: clay, silty clay,
sandy clay, clay loam and, in some cases,
silty . clay loam and sandy clay loam. Ce-
mented soils such as caliche and hardpan
are also consideretType A. However, no soil
is Type A if:
(I) The soil is fissured; or
(II) The soil is subject to vibration from
heavy traffic, pile driving, or similar effects;
or
(iii) The soil has been previously dis-
turbed; or -
(iv) The soil is part of a sloped, layered
system where the layers dip into the excava-
tion on a slope of four horizontal to one ver-
tical (4H:1V) or greater, or
(v) The material is subject to other factors
that would require it to be classified as a
less stable material.
Type B means:
(i) Cohesive soil with an unconfined com-
pressive strength greater than 0.5 tsf (48
kPa) but less than 1.5 tsf (144 kPa); or
(ii) Granular cohesionless soils including:
angular gravel (similar to crushed rock), silt,
silt loam, sandy loam and, in some cases,
silty clay loam and sandy clay loam.
(iii) Previously disturbed soils except
those which would otherwise be classed as
Type C soil
(iv) Soil that meets the unconfined com-
pressive strength or cementation require-
ments for Type A, but is fissured or subject
to vibration: or
(v) Dry rock that is not stable; or
(vi) Material that is part of a sloped, lay-
ered system where the layers dip into the
excavation on a slope less steep than four
horizontal to one vertical (4H:1V),.but only
if the material would otherwise be classified
as Type B.
Type C means:
(i) Cohesive soil with an unconfined com-
pressive strength of 0.5 tsf (48 kPa) or less;
or
(ii) Granular soils including gravel, sand,
and loamy sand; or
(iii) Submerged soil or soil from which
water is freely seeping-, or
(iv) Submerged rock that is not stable, or
(v) Material in a sloped, layered system
where the layers dip into the excavation or
a slope of four horizontal to one vertical
(4H:1V) or steeper.
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Unconfined compressive strength means
the load per unit area at which a soil will
fail in compression. It can be determined by
laboratory testing, or estimated in the field
using a pocket penetrometer, by thumb pen-
etration tests, and other methods.
Wet soil means soil that contains signifi-
cantly more moisture than moist soil, but in
such a range of values that cohesive materi-
al will slump or begin to flow when vibrated.
Granular material that would exhibit cohe-
sive properties when moist will lose those
cohesive properties when wet.
(c) Requirements —(1) Classification of
soil and rock deposits. Each soil and rock
deposit shall be classified by a competent
person as Stable Rock, Type A. Type B. or
Type C in accordance with the definitions
set forth in paragraph (b) of this appendix.
(2) Basis of classification. The classifica-
tion of the deposits shall be made based on
the results of at least one visual and at least
one manual analysis. Such analyses shall be
conducted by a competent person using
tests described in paragraph (d) below, or in
other recognized methods of soil classifica-
tion and testing such as those adopted by
the America Society for Testing Materials,
or the U.S. Department of Agriculture tex-
tural classification system
(3) Visual and manual analyses. The
visual and manual analyses, such as those
noted as being acceptable in paragraph (d)
of this appendix, shall be designed and con-
ducted to provide sufficient quantitative
and qualitative information as may be nec-
essary to identify properly the properties,
factors, and conditions affecting the classifi-
cation of the deposits.
(4) Layered systems. In a layered system,
the system shall be classified in accordance
with its weakest layer. However, each layer
may be classified individually where a more
stable layer lies under a less stable layer.
(5) Reclassification. If. after classifying a
deposit, the properties, factors, or condi-
tions affecting its classification -change in
any way, the changes shall be evaluated by
a competent person. The deposit shall be re-
classified as necessary to reflect the
changed circumstances.
(d) Acceptable visual and manual tests. —
(1) Visual tests. Visual analysis is conducted
to determine qualitative Information regard-
ing'the excavation site in general, the soil
adjacent to the excavation, the soil forming
the sides of the open excavation, and the
soil taken as samples from excavated mate-
rial.
(i) Observe samples of soil that are exca-
vated and soil in the sides of the excavation.
Estimate the range of particle sizes and the
relative amounts of the particle sizes. Soil
that is primarily composed of fine-grained
material is cohesive material. Soil composed
primarily of coarse -grained sand or gravel is
granular material.
- (II) Observe soil as It is excavated. Soil
that remains in clumps when excavated is
cohesive. Soil that breaks up easily and does
not stay in clumps is granular.
- (ill) Observe the side of the opened exca-
vation and the surface area adjacent to the
excavation. Crack -like openings such as ten-
sion cracks could indicate fissured material.
If chunks of soil spall off a vertical side, the
soil could be fissured. Small spans are evi-
dence of moving ground and are indications
of potentially hazardous situations.
(iv) Observe the.area.adjacent to the exca-
vation and the excavation itself for evidence
of existing utility and other underground
structures, and to identify previously dis-
turbed soil.
(v) Observe the opened side of the excava-
tion to identify layered systems. Examine
layered systems to Identify if the layers
slope toward the excavation. Estimate the
degree of slope of the layers.
(vi) Observe the area adjacent to the exca-
vation and the sides of -the opened excava-
tion for evidence of surface water, water
seeping from the sides of the excavation, or
the location of the level.of the water table.
(vii) Observe the area adjacent to the ex-
cavation and the area within the excavation
for sources of vibration that may affect the
stability of the excavation face.
(2) Manual tests. Manual analysis of soil
samples is conducted to determine quantita-
tive as well as qualitative properties of soil
and to provide more information in order to
classify soil properly:
(I) Plasticity. Mold a moist or wet sample
of soil into a ball and attempt to roll it into
threads as thin as %-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 ye -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.
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Subpt. P, App. B 29 CFR Ch. XVII (7-1-92 Edition) I
Manual Procedure).") Type A soils with an
unconfined compressive strength of 1.5 tsf
can be readily indented by the thumb; how-
ever, they can be penetrated by the thumb
only with very great effort. Type C soils
with an unconfined compressive strength of
0.5 tsf can be easily penetrated several
inches by the thumb, and can be molded by
light finger pressure, This test should be
conducted on an undisturbed soil sample,
such as a large clump of spoil, as soon as
practicable after excavation to keep to a mi-
minum the effects of exposure to drying in-
fluences. If the excavation is later exposed
to wetting influences (rain, flooding), the
classification of the soil must be changed ac-
cordingly.
(Iv) Other strength tests Estimates of un-
confined, compressive strength of soils can
also be obtained by use of a pocket pene-
trometer or by using a hand -operated shear -
vane.
(v) Drying test The basic purpose of the
drying test is to differentiate between cohe-
sive material with fissures, unfissured cohe-
sive material, and granular material. The
procedure for the drying test involves
drying a sample of soil that is approximate-
ly one inch thick (2.54 cm) and six inches
(15.24 cm) in diameter until it is thoroughly
dry:
(A) If the sample develops cracks as it
dries, significant fissures are indicated.
(B) Samples that dry without cracking are
to be broken by hand. If considerable force
is necessary to break a sample, the soil has
significant cohesive material content. The
soil can be classified as a unfissured cohe-
sive material and the unconfined compres-
sive strength should be determined.
(C) If a sample breaks easily by hand, it is
either a fissured cohesive material or a
granular material. To distinguish between
the two, pulverize the dried clumps of the
sample by hand or by stepping on them. If
the clumps do not pulverize easily, the ma-
terial is cohesive with fissures. If they pul-
verize easily into very small fragments, the
material is granular.
: n. :u
(a) Scope and application. This appendix
contains specifications for sloping and
benching when used as methods of protect-
ing employees working in excavations from
cave-ins. The requirements of this appendix
apply when the design of sloping and bench-
ing protective systems is to be performed in
accordance with the requirements set forth
in 11926.652(b)(2).
(b) Definitions
Actual slope means the slope to which an
excavation face is excavated.
Distress means that the soil is in a condi-
tion where a cave-in is imminent or is likely
to occur. Distress is evidenced by such -phe-
nomena as the development of fissures in
the face of or adjacent to an open excava-
tion: the subsidence of the edge of an exca-
vation; the slumping of material from the
face or the bulging or heaving of material
from the bottom of an excavation; the small-
ing of material from the face of an excava-
tion; and ravelling, i.e., small amounts of
material such as pebbles or little clumps of
material suddenly separating from the face
of an excavation and trickling or rolling
down into the excavation.
Maximum allowable slope means the
steepest incline of an excavation face that is
acceptable for the most favorable site condi-
tions as protection against cave-ins, and is
expressed as the ratio of horizontal distance
to vertical rise (H:V).
Short term exposure means a period of
time less than or equal to 24 hours that an
excavation is open.
(c) Requirements —(1) Soil classification.
Soil and rock deposits shall be classified in
accordance with appendix A to subpart P of
part 1926.
(2) Maximum allowable slope. The maxi-
mum allowable slope for a soil or rock de-
posit shall be determined from Table B-1 of
this appendix.
(3) Actual slope. (i) The actual slope shall
not be steeper than the maximum allowable
slope.
(ii) The actual slope shall be less steep
than the *maximum allowable slope, when
there are signs of distress. If that situation
occurs, the slope shall be cut back to an
actual slope which is at least % horizontal
to one vertical (%E: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 1 1926.651(1).
(4) Configurations. Configurations of slop-
ing and benching systems shall be in accord-
ance with Figure B-1.
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Subpt. P, App. B
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TABLE 8-1 _
MAXIMUM ALLOWABLE SLOPES
SOIL
OR ROCK TYPE
(MAXIMUM
ALLOWABLE SLOPES(H:V){1]
FOR EXCAVATIONS LESS THAN 20 FEET
STABLE ROCK
VERTICAL
(9O)
TYPE
A [21
3/4:1
(53°)
TYPE
8
1:1
(459
TYPE
C
1½:1
(34°)
NOTES:
1. Numbers shown in parentheses next to -maximum allowable slopes are angles expressed in
degrees from the horizontal. Angles have been rounded off.
2. A short-term maximum allowable slope of 1/2H:IV (63°) is allowed in
excavations in Type A soil that are 12 feet (3.67 m) or less in depth.
Short-term maximum allowable slopes for excavations greater than 12
feet (3.67 m) in depth shall be 3/4H:1V (53°).
3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered
professional engineer.
Figure B-1
Slope Configurations
(All slopes stated below are in the horizontal to vertical ratio)
B-1.1 Excavations made in Type A Boil
1. All simple slope excavation 20 feet or less in depth shall have a maximum allowable
slope of 3'.:1.
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Subpt. P, App. B 29 CFR Ch. XVII (7-1-92 Edition)
1 \
20' Max.
SIMPLE SLOPE -GENERAL
Exception: Simple slope excavations which are open 24 hours or less (short term) and
which are 12 feet or less
in depth shall have a maximum allowable slope of 54:1.
12' Max.
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1/2
SIMPLE SLOPE -SHORT TERM•
2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope
of % to 1 and maximum bench dimensions as follows:
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Occupational Safety and Health Admin., Labor
SimSIMPLE BENCH -
Subpt. P, App: B•
20' Max. L_�
5'
Max.
4' Max.
n
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.
/ � 1
3/4
8' Max.
3½' Max.
UNSUPPORTED VERTICALLY SIDED LOWER PORTION —MAXIMUM 8 FEET IN DEPTH
All excavations more than 8 feet but not more than 12 feet in depth which unsupported
vertically sided lower portions shall have a maximum allowable slope of 1:1 and a maximum
vertical side of 35 feet.
231-
Subpt. P, App. B 29 CFR Ch. XV11 (7-1-92.Edition)
UNSUPPORTED VERTICALLY SIDED LOWER PORTION -MAXIMUM 12 FEET IN DEPTH
All excavations 20 feet or less in depth which have vertically sided lower portions that are
supported or shielded shall have a nlaximurn allowable slope of %:l. The support or shield
system must extend at least 18 inches above the top of the vertical side.
20' Max.
Li..:
3/4
18" Min.
Total height of vertical side
SurORTID 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:
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This bench allowed in cohesive soil only.
20' Max
i 1
Max.
SINGLE BENCH
This bench allowed in cohesive soil only
20' Max.
4'
`Sax
4' Max.
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
LI r 1
20' Max. L_E "\
1
8" Min.
Total height of vertical side
233
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
I 1926.652(b).
8-1.3 Excavations Made in Type C Soil
1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable
slope of 1%:1.
20' Max.
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 1½:1.
20' Max.
Support or shield system
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Total height of vertical side
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Occupational Safety and Health Admin., Labor Subpt. P, App. B
VERTICAL SIDED LowER PORTION
3. All other sloped excavations shall be in accordance with the other options permitted in
§ 1926.652(b).
B-1.4 Excavations Made In Layered Soils
1. All excavations 20 feet or less in depth made in layered soils shall have a maximum
allowable slope for each layer as set forth below.
B OVER A
C � I
IS
A A I
3/4
C OVER A
0
C OVER a
235
29 -CFR Ch. XVII (7-1-92 Edition)
Subpt. P, App. C
4
A OVER B
A OVER C
B OVER C
c 4 1
2. All other sloped excavations shall be in accordance with the other options permitted in
§ 1926.652(b).
APPENDIX C TO SUBPART P-
TIMBER
SHORING FOR TRENCHES
(a) Scope This appendix contains infor-
mation that can be used timber shoring is
provided as a method of protection from
cave-ins in trenches that do not exceed 20
feet (6.1 m) in depth. This appendix must be
used when design of timber shoring protec-
tive systems is to be performed in accord-
ance with § 1926.652(c)(1). Other timber
shoring configurations; other systems of
support such as hydraulic and pneumatic
systems; and other protective systems such
as sloping, benching, shielding, and freezing
systems must be designed in accordance
with the requirements set forth in
§ 1926.652(b) and § 1926.652(c).
(b) Soil Classification In order to use the
data presented in this appendix, the soil
type or types in which the excavation is
made must first be determined using the
soil classification method set forth in appen-
dix A of subpart P of this part.
(c) Presentation of Information, Informa-
tion is presented in several forms as follows:
(1) Information is presented in tabular
form in Tables C-1.1.. C-1.2, and C-1.3, and
Tables C-2.1, C-2.2 and C-2.3 following
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paragraph (g) of the appendix. Each table
presents -the minimum sizes of timber mem-
bers to use in a shoring system, and each
table-containsdata-only for the particular
solj.Sype In which the.excavation-orportion
of the excavation Is made. The data are ar-
ranged to allow the user -the flexibility -to
select from among severalacceptable con-
figurations of members based on varying`
the -horizontal spacing of the crossbraces.
Stable rock is exempt from shoring require-
ments and therefore, no data represented
for this condition.
(2) Information concerning the basis of
the tabular data and the limitations of the
data is presented in paragraph (d) of this
appendix, and on the tables themselves.
(3) Information explaining the use of the
tabular data is presented in paragraph (e) of
this appendix.
(4) Information illustrating the use of the
tabular data is presented in paragraph (f) of
this appendix.
(5) Miscellaneous notations regarding
Tables C-1.1 through C-1.3 and Tables C-
2.1 through C-2.3 are presented in para-
graph (g) of this Appendix.
(d) Basis and limitations of the data. —(1)
Dimensions of timber members. (i) The sizes
of the timber members listed in Tables C-
1.1 through C-1.3 are taken from the Na-
tional Bureau of Standards (NBS) report,
"Recommended Technical Provisions for
Construction Practice in Shoring and Slop-
ing of Trenches and Excavations." In addi-
tion, where NBS did not recommend specific
sizes of members, member sizes are based on
an analysis of the sizes required for use by
existing codes and on empirical practice.
(ii) The required dimensions of the mem-
bers listed in Tables C-1.1 through C-1.3
refer to actual dimensions and not nominal
dimensions of the timber. Employers want-
ing to use nominal size shoring are directed
to Tables C-2.1 through C-2.3, or have this
choice under j 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
§ 1926.652.
- (A) When loads imposed by'structures or
by stored material adjacent to the trench
weigh in excess of the load imposed by a
two -foot . soil •surcharge. The .term "adja-
cent" as used here means the area within a
horizontal distance from the edge of tbg
trench equal to the depth of the -trench.
• (B). When ventral ioads imposed_on cro66
braces exceed a 240 -pound gravity load_dis-
tributed on a one -foot. section of the center
of the crossbrace.
(C) When surcharge loads are .present
from equipment weighing in excess of 20,000
pounds.
(D) When only the lower portion of .a
trench is shored and the remaining portion
of the trench is sloped or benched unless
The sloped portion is sloped at an angle less
steep than three horizontal to one vertical;
or the members are selected from the tables
for use at a depth which is determined from
the top of the overall trench, and not from
the toe of the sloped portion.
(e) Use of Tables. The members of the
shoring system that are to be selected using
this information are the cross braces, the
uprights, and the wales, where wales are re-
quired. Minimum sizes of members are spec-
ified for use in different types of soil. There
are six tables of information, two for. each
soil type. The soil type must first be deter-
mined in accordance with the soil classifica-
tion system described in appendix A to sub-
part P of part 1926. Using the appropriate
table, the selection of the size and spacing
of the members is then made. The selection
is based on the depth and width of the
trench where the members are to be in-
stalled and, in most instances, the selection
is also based on the horizontal spacing of
the crossbraces. Instances where a choice of
horizontal spacing of crossbracing is avail-
able, the horizontal spacing of the cross -
braces must be chosen by the user before
the size of any member can be determined.
When the soil type, the width and depth of
the trench, and the horizontal spacing of
the crossbraces are known, the size and ver-
tical spacing of the crossbraces, the size and
vertical spacing of the wales, and the size
and horizontal spacing of the uprights can
be read from the appropriate table.
(f) Examples to illustrate the Use of Tables
C-1.1 through C-1.3. _
(1) Example 1.
A trench dug in Type A soil is 13 feet deep
and five feet wide.
From Table C-1.1, for acceptable arrange-
ments of timber can be used.
Arrangement #1
Space 4x4 crossbraces at six feet horizon-
tally and four feet vertically.
Wales are not required.
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Subpt. P, App. C
Space 3x8 uprights at six feet horizontal-
ly. This arrangement is commonly called
"skip shoring."
Arrangement #2
Space 4x6 crossbraces at eight feet hori-
zontally and four feet vertically.
Space 8x8 wales at four feet vertically.
Space 2x6 uprights at four feet horizon-
tally.
Arrangement #3
Space 6x6 crossbraces at 10 feet horizon-
tally and four feet vertically. -
Space 8 x 10 wales at four feet vertically.
Space 2x6 uprights at five feet horizontal-
ly.
Arrangement #4
Space 6 x 6 crossbraces at 12 feet horizon-
tally and four feet vertically.
Space 10x10 wales at four feet vertically.
Spaces 3 x 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 6 x 6 crossbraces at six feet horizon-
tally and five feet vertically.
Space 8 x8 wales at five feet vertically.
Space 2x6 uprights at two feet horizontal-
ly.
Arrangement #2
Space 6x8 crossbraces at eight feet hori-
zontally and five feet vertically.
Space 10x10 wales at five feet vertically.
Space 2 x 6 uprights at two feet horizontal-
ly.
Arrangement #3
Space 8x 8 crossbraces at 10 feet horizon=
tally and five feet vertically.
Space lox 12 wales at five feet vertically.
Space 2x6 uprights at two feet vertically.
(3) Example 3.
A trench dug in Type C soil is 13 feet deep
and five feet wide.
From Table C-1.3 two acceptable arrange-
ments of members can be used.
Arrangement #1
Space 8x8 crossbraces at six feet horizon-
tally and five feet vertically.
Space 10 x 12 wales at five feet vertically.
Position 2x6 uprights as closely together
as possible.
If water must be retained use special
tongue and groove uprights to form tight
sheeting.
29 CFR Ch. XVII (7-1-92 Edition)
Arrangement #2
Space 8x10 crossbraces at eight feet hori-
zontally and five feet vertically.
Space 12 x 12 wales at five feet vertically.
Position 2x6 uprights in a close sheeting
configuration unless water pressure must be
resisted. Tight sheeting must be used where
water must be retained.
(4) Example 4.
A trench dug in Type C soil is 20 feet deep
and 11 feet wide. The size and spacing of
members for the section of trench that is
over 15 feet in depth is determined using
Table C-1.3. Only one arrangement of mem-
bers is provided. -
Space 8 x 10 •crossbraces at six feet hori-
zontally and five feet vertically.
Space 12 x 12 wales at five feet vertically.
Use 3x6 tight sheeting.
Use of Tables C-2.1 through C-2.3 would
follow the same procedures.
(g) Notes for all Tables. _
1. Member sizes at spacings other than in-
dicated are to be determined as specified in
§ 1926.652(c), "Design of Protective Sys-
tems." -
2. When conditions are saturated or sub-
merged use Tight Sheeting. Tight Sheeting
refers to the use of specially -edged timber
planks (e.g., tongue and groove) at least
three inches thick, steel sheet piling, or
similar construction that when driven or
placed in position provide a tight wall to
resist the lateral pressure of. water and to
prevent the loss of backfill material. Close
Sheeting refers to the placement of planks
side -by -side allowing as little space as possi-
ble between them.
3. All spacing indicated is measured center
to center.
4. Wales to be installed with greater di-
mension horizontal.
5. If the vertical distance from the center
of the lowest crossbrace to the bottom of
the trench exceeds two and one-half feet,
uprights shall be firmly embedded or a
mudsill shall be used. Where uprights are
embedded, the vertical distance from the
center of the lowest crossbrace to the
bottom of the trench shall not exceed 36
inches. When mudsilis are used, the vertical
distance shall not exceed 42 inches. Mudsills
are wales that are installed at the toe of the
trench side.
6. Trench Jacks may be used in lieu of or
in combination with timber crossbraces.
7. Placement cf crossbraces. When the ver-
tical spacing of crossbraces is four feet,
place the top crossbrace no more than two
feet below the top of the trench. When the
vertical spacing of crossbraces is five feet,
place thetop crossbrace no more than 2.5
feet below the top of the trench.
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APPENDIX TO SuRPART P -ALUMINUM
.HYDRAULIC SHORING FOR TRaresW
(a) Scope'This appendix contains- infor-
mation that -can be used when aluminum
.hydraulic shoring is provided as• a method
of.•protection-against cave-ins in -trenches
that. do not exceed 20 feet (6.1m) in depth. -
This appendix must be used when:design of
the aluminum hydraulic protective system
cannot be performed in accordance with
11926.652(cX2). -
(b) Soil ClassVication, 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 elassification method set forth in appen-
dix A of subpart P of part 1926.
(e) -Presentation of InformInc1
Iforma-
tion is presented in several forms as follows:
(1) Information is presented in tabular
form in Tables D-1.1, D-1.2. D-1.3 and E-
1.4. Each table presents the maximum verti-.
cal and horizontal spacings that may be
used with various aluminum member sizes
and various hydraulic cylinder sizes. Each
table contains data only for the particular
soil type in which the excavation or portion
of the excavation is made. Tables D-1.1 and
D-1.2 are for vertical shores in Types A and
B soil. Tables D-1.3 and 01.4 are for hori-
zontal waler systems in Types B and C soil.
(2) Information concerning the basis of
the tabular data and the limitations of the
data is presented in paragraph (d) of this
appendix.
(3) Information explaining the use of the
tabular data is presented in paragraph (e) of
this appendix.
(4) Information illustrating the use of the
tabular data is presented in paragraph (f) of
this appendix.
(5) Miscellaneous notations (footnotes) re-
garding Table D-1.1 through D-1.4 are pre-
sented in paragraph (g) of this appendix.
(6) Figures, illustrating typical installa-
tions of hydraulic shoring, are included just
prior to the Tables. The illustrations page is
entitled "Aluminum Hydraulic Shoring;
Typical Installations."
(d) Basis and Iimitations of the data.
(1) Vertical shore rails and horizontal
wales are those that meet the Section Mod-
ulus requirements in the D-1 Tables. Alumi-
num material is 6061-T6 or material of
equivalent strength and properties.
(2) Hydraulic cylinders specifications. (1)
2 -inch cylinders shall be a minimum 2 -inch
inside diameter with a minimum safe work-
ing capacity of no less than 18,000 pounds
axial compressive load at maximum exten-
sion. Maximum extension is to include full
range of cylinder extensions as recommend-
ed by product mnnufaturer.
(ii) 3 -inch cylinders shall be a minimum 3 -
inch inside diameter with a safe working ca-
pacitq of not less than 30,000 :pounds atrial
-compressive load at"extensions as recom-
mended by product manufacturer:
(3) Limitation of application.
(1) It Is not intended that the aluminum
hydraulic specification. apply' to every sltua-
tlpn that-mayy be experienced In the field.
These .data were. developed to, apply- to the
situations that are most: commonly experl-
-enced in current trenching;practice: Shoring• '
systems for use In situations that are not
covered by the .data in this appendix must
be 'otherwise designed as specified In
1 1926.652(c).
(ii). When any.of the following conditions
are present, the members specified in the.
Tables are not considered adequate. In this
case, an alternative aluminum hydraulic
shoring system or other type of protective
system must be designed in accordance with
1 1926.652.
(A) When vertical loads imposed on cross
braces exceed a 100 Pound -gravity load dis-
tributed on a one foot section of the center
of the hydraulic cylinder.
(B) When surcharge loads are present
from equipment weighing in excess of
20,000 pounds.
(C) When only the lower portion or a
trench is shored and the remaining portion
of the trench is sloped or benched unless:
The sloped portion is sloped at an angle less
steep than three horizontal to one vertical;
or the members are selected from the tables
for use at a depth which is determined from
the top of the overall trench, and not from
the toe of the sloped portion.
(e) Use of Tables D-1.1, D-1.2, D-1.3 and
D-1.4. The members of the shoring system
that are to be selected using this informa-
tion are the hydraulic cylinders, and either
the vertical shores or the horizontal wales.
When a waler system is used the vertical
timber sheeting to be used is also selected
from these tables. The Tables D-1.1 and D-
1.2 for vertical shores are used in Type A
and B soils that do not require sheeting.
Type B soils that may require sheeting, and
Type C soils that always require sheeting
are found in the horizontal wale Tables D-
1.3 and D-1.4. The soil type must first be de-
termined in accordance with the soil classifi-
cation system described in appendix A to
subpart P of part 1926. Using the appropri-
ate table, the selection of the size and spac-
ing of the members is made. The selection is
based on the depth and width of the trench
where the members are to be installed. In
these tables the vertical spacing is held con-
stant at four feet on center. The tables
show the maximum horizontal spacing of
cylinders allowed for each size of wale in
the waler system tables, and in the vertical
shore tables, the hydraulic cylinder horizon-
tal spacing is the same as the vertical shore
spacing.
I
Subpt. P, App. D 29 CFR Ch. XVII (7-1-92 Edition) '
(f) Example to Illustrate the Use of the
Tables:
(1) Example 1:
A trench dug in Type A soil is 6 feet deep
and 3 feet wide. From Table D-1.1: Find ver-
tical shores and 2 inch diameter cylinders
spaced 8 feet on center (o.c.) horizontally
and 4 feet on center (o.c.) vertically. (See
Figures 1 & 3 for typical installations.)
(2) Example 2:
A trench is dug in Type B soil that does
not require sheeting; 13 feet deep and 5 feet
wide. From Table D-1.2: Find vertical shores
and 2 inch diameter cylinders spaced 6.5
feet o.c. horizontally and 4 feet o.c. vertical-
ly. (See Figures 1 & 3 for typical installa-
tions.) -
(3) A trench is dug in Type B soil that
does not require sheeting, but does experi-
ence some minor raveling of the trench face.
The trench is 16 feet deep and 9 feet wide.
From Table D-1.2: Find vertical shores and
2 inch diameter cylinder (with special overs-
leeves as designated by footnote #2) spaced
5.5 feet o.c. horizontally and 4 feet o.c. verti-
cally, plywood (per footnote (g)(7) to the D-
1 Table) should be used behind the shores.
(See Figures 2 & 3 for typical installations.)
(4) Example 4: A trench is dug in previous-
ly disturbed Type B soil, with characteris-
tics of a Type C soil, and will require sheet-
ing. The trench is 18 feet deep and 12 feet
wide. 8 foot horizontal spacing between cyl-
inders is desired for working space. From
Table D-1.3: Find horizontal wale with a
section modulus of 14.0 spaced at 4 feet o.c.
vertically and 3 inch diameter cylinder
spaced at 9 feet maximum o.c. horizontally.
3x 12 timber sheeting is required at close
spacing vertically. (See Figure 4 for typical
installation.)
(5) Example 5: A trench is dug in Type C
soil, 9 feet deep and 4 feet wide. Horizontal
cylinder spacing in excess of 6 feet is desired
for working space. From Table D-1.4: Find
horizontal wale with a section modulus of
7.0 and 2 inch diameter cylinders spaced at
6.5 feet o.c. horizontally. Or. find horizontal
wale with a 14.0 section modulus and 3 inch
diameter cylinder spaced at 10 feet o.c. hori-
zontally. Both wales are spaced 4 feet o.c.
"vertically. 3 x 12 timber sheeting is required
at close spacing vertically. (See Figure 4 for
typical installation.)
(g) Footnotes, and general notes, for
Tables D-1.1, D -I.2, D-1.3, and D-1.4.
(1) For applications other than those
listed in the tables, refer to § 1926.652(c)(2)
for use of manufacturer's tabulated data.
For trench depths in excess of 20 feet, refer
to § 1926.652(c)(2) and § 1926.652(c)(3).
(2) 2 inch diameter cylinders, at this
width, shall have structural steel tube
(3.5x3.5x0.1875) oversleeves, or structural
oversleeves of manufacturer's specification,
extending the full, collapsed length.
(3) Hydraulic cylinders capacities. (1) 2
inch cylinders shall be a minimum 2 -inch
inside diameter with a safe working capacity
of not less than 18,000 pounds axial com-
pressive load at maximum extension. Maxi-
mum extension is to include full range of
cylinder extensions as recommended by
product manufacturer.
(ii) 3 -inch cylinders shall be a minimum 3.
inch inside diameter with a safe work capac-
ity of not less than 30,000 pounds axial com-
pressive load at maximum extension. Maxi-
mum extension is to include full range of
cylinder extensions as recommended by
product manufacturer.
(4) All spacing indicated is measured
center to center.
(5) Vertical shoring rails shall have a min.
imum section modulus of 0.40 inch.
(6) When vertical shores are used, there
must be a minimum of three shores spaced
equally, horizontally, in a group.
(7) Plywood shall be 1.125 in. thick
softwood or 0.75 inch. thick, 14 ply, arctic
white birch (Finland form). Please note that
plywood is not intended as a structural
member, but only for prevention of local
raveling (sloughing of the trench face) be-
tween shores.
(8) See appendix C for timber specifica-
tions.
(9) Wales are calculated for simple span
conditions.
(10) See appendix D, item (d), for basis
and limitations of the data.
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246 1
Occupational Safety and Health Admin., Labor Subpt. P, App. D
ALUMINUM HYDRAULJC SHORING
TYPICAL INSTALLATIONS
FIGURE NO. 1 FIGURE NO. 2
VutCM. AWMY
NYDAl1A{' MMNVq YYPTCAL ALIA•AY
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FIGURE NO. 3
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MV SI&C NOPANI
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HYDRAULIC A-,
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VERTICAL
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CYLINDER
311-112 O-92-9
247
Subpt. P, App. D
29 CFR Ch. XVII (7-1-92 Edition)
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Subpt. P, App: D
29 CFR Ch. XVII (7-1-92 Edition)
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Occupational Safety and Health Admin., Labor Subpt. P, App. D
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251
Subpt. P, App.,E 29 CFR Ch. XVI1 (7-1-92 Edition)
APPENDI% E TO SUBPART P -ALTERNATIVES TO TIMBER SHORING
18" M
VERT
SPAC
4' MA
IRTICAL RAIL
YDRAULIC CYLINDER
Figure 1. Aluminum Hydraulic Shoring
O O O O
Figure 2. Pneumatic/hydraulic Shoring
252'
Occupational Safety and Health Admin., Labor
Subpt. P. App. E
Figure 3. Trench Jacks (Screw Jacks)
Figure 4. Trench Shields
Subpt. P, App. F 29 CFR Ch. XVII (7-1-92 Edition)
APPENDIx F TO SUBPART P -SELECTION OF PROTECTIVE SYSTEMS
The following figures are a graphic summary of the requirements contained in subpart P
for excavations 20 feet or less in depth. Protective systems for use in excavations more than
20 feet in depth must be designed by a registered professional engineer in accordance with
4 1926.652 (b) and (c).
Is the excavation more
•than 5 feet in depth?
Is there potential
for cave-in?
NO
selec
Is the excavation
entirely in stable rock?
Excavation may. be
made with
vertical sides.
Excavation must be
sloped, shored, or
shielded.
Shoring or shielding
selected.
Go to Figure 2 I. Go to Figure 3
FICURE 1 - PRELIMINARY DECISIONS
S
Occupational Safety and Health Admin., Labor
Sloping selected as the
method of protection
Excavation must comply with
one of the following three
options:
Option 1:
1926.652 (b)(2) which
requires Appendices A
and B to be followed
Option 2:
j1926.652 (b)(3) which
requires other tabulated
data (see definition) to
be followed.
Option 3:
S1926.652 (b)(4) which.
requires the excavation
to be designed by a
registered professional
engineer. - -
Will soil classification
be made in accordance
with 31926.652 (b)?
Subpt. P, App. F
Excavations must comply
withil926.652 (b)(1) which
requires a slope of 1½H:lV
(341).
FIGURE 2.- SLOPING OPTIONS
255
Subpt. P, App. F
29 CFR Ch. XVII (7-1-92 Edition)
Shoring or shielding selected
as the method of protection.
Soil classification is required
when shoring or shielding is
used. The excavation must comply
with one of the following four
options:
Option 1
51926.652 (c)(1) which requires
Appendices A and C to be followed
(e.g. timber shoring).
Option 2
11926.652'(c)(2) which requires
manufacturers data to be followed
(e.g. hydraulic shoring,trench
jacks, air shores, shields).
Option 3
51926.652 (c)(3) which requires
tabulated data (see definition)
to be followed (e.g. any system
as per the tabulated data).
Option 4
,1926.652 (c)(4) which requires
the excavation to be designed
by a registered professional
engineer (e.g. any designed
system).
FIGURE 3 - SHORING AND SHIELDING OPTIONS
256
n
CERTIFICATE OF''INSURANCE ' Y ~ • DATE MMA/D 1 Y
�. _..........._...... 07/22/98
PRODUCER 5Ot -376-0716
The Cashion Company, Inc.
P.O. Box 550
Little Rock, AR 72203
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOESNOTA.MEM1D,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHE
POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A Maryland Insurance Group
INSURED
Goodwin & Goodwin, Inc.
3503 Free Ferry Road
Ft. Smith AR 72903
COMPANY
B
COMPANY
c
COMPANY
D
COP£RACEs
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE ARORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFT.
DATE (MM/DD/YY)
POLICY EXP.
DATE MM/DD/Y)
LIMITS
A
GENERAL
LIABILITY
COMM.GENERAL LIABILITY
ADE OCCUR
CLA1M5 MO1000000
OWNER'S & CONTRACT'S PROT
ECA26311994
8/06/97
8/06!98
GENERAL AGGREGATE
2000000
PROD.COMP/OPAGG.
2000000
PERS. & MW DNJURI'
EACH OCCURRENCE
1000000
FIRE DAMAGEIOoe Flrel
MED EXPIARJ one Persuo)
1 000
A
AUTOMOBILE
LIABILITY
ANYAIITO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-0W11:D AUTOS
ECA26515610
8/06/97
8/06/98
COMBINED SINGLE
LLMrt
1000000
X
BODILY INJURY
IPa Person)
BODILY INJURY
(Per aaldevl)
X
X
PROPERTY DAMAGE
GARAGE LIABILITY
ANY AUTO
AUTO ONLY -EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
A
EXCESS LIABILITY
X UMBRELLAFORM
OTHER THAN UMBRELLA FORM
UBA69087519
8/06/97
8/06/98
EACH OCCURRENCE
3000000
AGGREGATE
3000000
A
WORKERS COMPENSATION AND
EMPLOYERSLIABILITY
TII PROPRIETOR/ INCL
PARTNERS/EXECVTIVE
OFFICERS ARE; EXCL
TC868227322
8/06/97
8/06/98
I
STATUTORY LIMITS
EACH ACCIDENT
500000
DISEASE -POLICY LIMIT
500000
DISEASEdACN EMPL.
500000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS
THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS TO
GENERAL LIABILITY, AUTO AND UMBRELLA COVERAGE, AND A WAIVER APPLICABLE
TO WORK COMP, IN REGARDS TO ROLLING HILLS WATER LINE REPLACEMENTS.
anmcATE HOLDER._,
CANCELLATION
CITY OF FAYETTEVILLE
113W. MOUNTAIN STREET
FAYETTEVILLE, AR 72701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT
AUTHO REPRE$EMATIV