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Home My WebLink About115-99 RESOLUTIONCity of Fayetteville, Arkansas Budget Adjustment Form • EXHIBIT B Budget Year 1999 Department: Division: Program: Public Works Engineering Sales Tax Capital Date Requested September 7, 1999 Adjustment # Project or Item Requested: $136,825 is requested in the Sycamore / Leverett Intersection and Drainage Improvements Capital Project. Project or Item Deleted: $136,825 from the Sixth Street Extension Capital Project. Justification of this Increase: The additional funding is needed for the approval of a contract to Sweester Construction in the amount of $522,695.30 and project contingency in the amount of $88,270.00. Justification of this decrease: This project is currently on hold and will be rebudgeted in the 2000 Annual Budget. Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number Street Improvements 136,825 4470 9470 5809 00 97030 20 Decrease Expense (Increase Revenue) Account Name Amount Account Number Project Number Street Improvements 136,825 4470 9470 5809 00 96044 20 Approval Signatures Admin..SeA ices ire or Mayor Budget Office Use Only Type: A B C Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester E C:\DATA\FORH.ABA-AD.ABADJF348. WK4 • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Jim Beavers, City Engineer From: Heather Woodruff, City Clerk Date: September 16, 1999 Attached is a copy of the resolution awarding Bid 99-68 to Sweetser Construction for intersection improvements along Sycamore/Leverett. I am also returning one original contract to you. The original contract documents that I have do not contain a signed contract or bond documents. Please forward these as soon as possible. I am retaining one original contract and forwarding a copy to the Internal Auditor cc. Steve Davis, Budget and Research Yolanda Fields, Internal Auditor AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City FROM: Sid Norbash , Name STAFF REVIEW FORM Council meeting .Oidei 3 MICCROF LMED of Mayor's Approval Only Engineering Division Public Works Department ACTION REQUIRED: Approval of with Jerry D. Sweetser, Inc. amount of $2,646.00. Change Order For. Sycamore #3 to the Construction Contract Street Widening Project, in the COST TO CITY: $2,646 Cost of this Request 4470-9470-5809-00 Account Number 97030-0020 Project Number $642,552 Category/Project Budget $574,226 Funds Used To Date $12,999 Remaining Balance Street Impvts. Category/Project Name Streets Program Name Sales Tax Construction Fund BUDGET REVIEW: //�L: Budget Coordinator X Budgeted Item Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: /hal ,G icy 7 l mz c/ /a --7-CD upptin Ma ager Date ADA Coordinator GRANTING AGENCY: City, Attorn' 1 . �/�/ eQ Purchasing Officer Date Date Date` /0/7/" Date STAFF RECOMMENDATION: Approval of the Change Order #1 ervices Director /2/04/00 Date Date a Date Cross Reference New Item: Yes No Y Prev Ord/Res #:_ ((6-9 1 Orig Contract Date: Orig Contract # 730 • Staff Review Form Description/ --Sycamore Const. Contract C 0 #_ Meeting Date N/A Project Name 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 Works Director Jim Beavers, City Engineer (6 From: Sid Norbash, Staff Engineer 4,, .-" Date: November 29, 2000 Re: Sycamore Street Widening Change Order #3 to the Construction Contract Certain field changes and additional work were necessitated during the construction of the above referenced project. The attached change order describes these changes. We request your approval of the enclosed change order, which will close out this project. SN/sn RESOLUTION NO 115-99 • MICROFILMED A RESOLUTION AWARDING BID NO 99-68 TO SWEETSER CONSTRUCTION IN THE AMOUNT OF $522,695.30 FOR .A CONSTRUCTION CONTRACT FOR SYCAMORE/LEVERETT INTERSECTION AND DRAINAGE IMPROVEMENTS; APPROVING A PROJECT CONTINGENCY AMOUNT OF $88,270; AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT OF $136,825. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section 1. That the City Council hereby awards Bid No. 99-68 to Sweetser Construction in the amount of $522,695.30 for a construction contract for Sycamore/Leverett intersection and drainage improvements; approves a project contingency amount of $88,270; and authorizing the Mayor and City Clerk to execute said agreement. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. Section The City Council hereby approves a budget adjustment in the amount of $136,825 increasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 97030 20 by decreasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 96044 20. A copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this Z day of September 1999. ATTEST: Byl � , �� i 4 i .. r 1 : Heather Woodruff, City Clerk ice., • 4 APPROVED. By. Fred Hanna, Mayor CHANGE ORDER No. 3 DATE OF ISSUANCE EFFECTIVE DATE: Latest date executed below OWNER City of Fayetteville, Arkansas CONTRACTOR Sweetser Construction Company Contract Sycamore and Leverett Intersection Improvements Project: OWNER's Contract No. ENGINEER's Project No. 97-6070 ENGINEER: Garver Engineers CONTRACTOR is directed to make the following changes in the Contract Documents: Description: Place approximately six inches of grout cover over the ballast stone at curb inlets and riprap at culvert headwalls as directed by Engineer ($200.00/CY x 3 CY = $600.00). Install a concrete collar around water valve box at Station 12+70 Left ($200.00 LS). Install privacy slats in chain link fence, left side, from approximately Station 10+60 to wood fence at approximately Station 12+60 ($1846.00 LS). Reason for Change Order: Owner requested changes. Attachments: None CHANGE IN CONTRACT PRICE Original Contract Price: $522,695.30 Net Increase (Decrease) from previous Change: Orders 1 to 2 $20,742.00 Original Contract Times: Substantial Completion 120 Contract Price prior to this Change: $543,437.30 Ready for final payment 150 Net increase (decrease) this Change $2,646.00 Net change from previous Change Orders: 1 to Contract Price with all approved Change Orders: $546,083.30 Substantial Completion 29 days days REC By APPROVE By: OWNE (Authorized Signature E GINEER (Authorized Signature) Date: II — Z S ` 0Q Date: ACCEPTED By: CONTRACTOR (Authorized Signature) Date: /7-0Ze3' QC/ EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. CHANGE IN CONTRACT TIMES Original Contract Times: Substantial Completion 120 days days Ready for final payment 150 Net change from previous Change Orders: 1 to 2 Substantial Completion 29 days days Ready for final payment 29 Contract Times prior to this Change Order: Substantial Completion 149 days days Ready for final payment 179 Net increase (decrease) this Change Order: Substantial Completion 0 days days Ready for final payment 0 Contract Times with all approved Change Orders: Substantial Completion 149 days days Ready for final payment 179 / 1 P By: OWNE (Authorized Signature E GINEER (Authorized Signature) Date: II — Z S ` 0Q Date: ACCEPTED By: CONTRACTOR (Authorized Signature) Date: /7-0Ze3' QC/ EJCDC 1910-8-B (1996 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America and the Construction Specifications Institute. FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sid Norbash, Engineering From: Heather Woodruff, City Clerk Date: January 23, 2001 Attached is a copy of the completed staff review form and signed Change Order #3 for the construction contract with Jerry D. Sweetser for the Sycamore Street Widening project. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit • 1 1 1 1 1 11 1 1 1 1 t SPECIFICATIONS AND CONTRACT DOCUMENTS //SsCSI 4,. i PREPARED FOR PROJECT PREPARED BY: GARVER ENGINEERS Garver, Inc. Engineers 3810 Front Street, Suite 10 Fayetteville, Arkansas 72703 501-527-9100 FAX 501-527-9101 1 1 1 r1 1 1 1 1 1 1. 1 1 1 1 1 1 1 _1 CITY OF FAYETTEVILLE FAYETTEVILLE, AR SYCAMORE AND LEVERETT INTERSECTION IMPROVEMENTS CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS SYCAMORE AND LEVERETT INTERSECTION IMPROVEMENTS ADDENDUM NO.1 August 17 1999 To: All Bidders This addendum becomes a part of the "Specifications and Contract Documents". It shall be stapled (or otherwise securely fastened) behind the front cover page of the original documents. Proposals may not be accepted unless this addendum is so included. All provisions of the original "Specifications and Contract Documents" shall remain in full force and effect, except as modified by this Addendum No. 1. MODIFICATION TO THE CONTRACT DOCUMENTS 1. The Construction Contract, if approved by the City Council, will be awarded within 60 days of the bid opening. Due to utility relocation delays, the City plans to issue a Notice to Proceed 120 to 180 days after award of the contract. The Contractor will not be allowed to work until the Notice to Proceed is issued. 2. The City reserves the right to cancel the contract prior to issuing the Notice to Proceed at no cost or penalty to the City. MODIFICATION TO THE TECHNICAL SPECIFICATIONS 1. In Section 17 of the Technical Specifications, Page 3 was omitted. Please insert the attached Page 3 in Section 17. Page 1 of 1 (Addendum No. 1) Payment will be made under: 17.05a Permanent Asphalt Pavement Repair - per square yard 17.05b Permanent Concrete Pavement Repair - per square yard. 17.05c Temporary Pavement Repair - per square yard 17-3 CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS SYCAMORE AND LEVERETT INTERSECTION IMPROVEMENTS ADDENDUM NO.1 August 17 1999 Enclosed is Addendum No. 1 for the above referenced project. Please sign below, certifying that you have received the addendum, and transmit this page only back to us by facsimile (501-527- 9101). Please call 501-527-9100 if you have any questions. I hereby acknowledge receipt of Addendum No. 1 to "Sycamore and Leverett Intersection Improvements" in Fayetteville, Arkansas. Signed Title Company Date Note: Bids may be rejected from Bidders who do not acknowledge receipt of this addendum as specified above. CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS SYCAMORE AND LEVERETT INTERSECTION IMPROVEMENTS ADDENDUM NO.2 August 23 1999 To: All Bidders This addendum becomes a part of the "Specifications and Contract Documents". It shall be stapled (or otherwise securely fastened) behind the front cover page of the original documents. Proposals may not be accepted unless this addendum is so included. All provisions of the original "Specifications and Contract Documents" shall remain in full force and effect, except as modified by this Addendum No. 2. MODIFICATION TO THE PLANS 1. On sheet 10 the note for installation of Guardrail is hereby revised to read: "INSTALL 50 FT OF TYPE A GUARDRAIL WITH A TYPE I TERMINAL SECTION 1 FT OFF ROADWAY EDGE. SEE AHTD DETAIL SHEET GRT -1 AND PLAN SHEET 21 FOR ADDITIONAL INFORMATION." 2. On sheet 21 of the Plans, references to ""TYPE C GUARDRAIL" are hereby changed to "TYPE A GUARDRAIL." MODIFICATION TO THE TECHNICAL SPECIFICATIONS 1. In Section 28 of the Technical Specifications, references to "TYPE P" are hereby changed to "TYPE A." MODIFICATION TO THE CONTRACT DOCUMENTS 2. In Section 00300 Bid Form, Bid item "28.05 GUARDRAIL — TYPE I" is hereby changed to "28.05 GUARDRAIL — TYPE A" Page 1 of 1 (Addendum No. 2) CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS SYCAMORE AND LEVERETT INTERSECTION IMPROVEMENTS ADDENDUM NO.2 August 23 1999 Enclosed is Addendum No. 2 for the above referenced project. Please sign below, certifying that you have received the addendum, and transmit this page only back to us by facsimile (501-527- 9101). Please call 501-527-9100 if you have any questions. I hereby acknowledge receipt of Addendum No. 2 to "Sycamore and Leverett Intersection Improvements" in Fayetteville, Arkansas. Signed Title Company Date Note: Bids may be rejected from Bidders who do not acknowledge receipt of this addendum as specified above. CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS SYCAMORE AND LEVERETT INTERSECTION IMPROVEMENTS ADDENDUM NO.3 August 24 1999 To: All Bidders This addendum becomes a part of the "Specifications and Contract Documents". It shall be stapled (or otherwise securely fastened) behind the front cover page of the original documents. Proposals may not be accepted unless this addendum is so included. All provisions of the original "Specifications and Contract Documents" shall remain in full force and effect, except as modified by this Addendum No. 3. MODIFICATION TO THE PLANS 1. Any water line relocation will be for 8 -inch or smaller. If sizes larger than 8 -inch are encountered, the work will be covered by change order. Page 1 of 1 (Addendum No. 3) CITY OF FAYETTEVILLE FAYETTEVILLE, ARKANSAS SYCAMORE AND LEVERETT INTERSECTION IMPROVEMENTS ADDENDUM NO.3 August 24 1999 Enclosed is Addendum No. 3 for the above referenced project. Please sign below, certifying that you have received the addendum, and transmit this page onlv back to us by facsimile (501-527- 9101). Please call 501-527-9100 if you have any questions I hereby acknowledge receipt of Addendum No. 3 to "Sycamore and Leverett Intersection Improvements" in Fayetteville, Arkansas. Signed Title Company Date Note: Bids may be rejected from Bidders who do not acknowledge receipt of this addendum as specified above. • Section 00005 TABLE OF CONTENTS Sycamore and Leverett Intersection Improvements Section No. Title Pages 00005 Table of Contents 00005-1 to 00005-3 00020 Advertisement for Bids 00020-1 BIDDING REQUIREMENTS 00100 Instructions to Bidders 00300 Bid Form 00350 Bid Bond Notice of Selection 00100-1 to 00100-10 00300-1 to 00300-5 00350-1 to 00350-2 00350-3 CONTRACT FORMS AND CONDITIONS 00500 Agreement Form Between Owner & Contractor Construction Performance Bond - Exhibit A Construction Payment Bond - Exhibit B Certificates of Insurance - Exhibit C Notice to Proceed 00700 General Conditions 00800 Supplementary Conditions 00500-1 to 00500-7 00500-8 00500-9 00500-10 00500-11 1 to 42 00800-1 to 00800-15 SPECIFICATIONS Division 1 - General Requirements 01010 Summary of Work 01010-1 01025 Measurement and Payment 01025-1 01027 Applications for Payment 01027-1 01035 Modification Procedure 01035-1 01040 Coordination and Meetings 01040-1 01051 Construction Surveys 01051-1 01060 Regulatory Requirements 01060-1 01090 Reference Standards and Abbreviations 01090-1 01300 Submittals 01300-1 01310 Progress Schedules 01310-1 01410 Testing Laboratory Services 01410-1 01500 Construction Facilities & Temporary Controls 01500-1 01620 Storage and Protection 01620-1 01630 Product Options and Substitutions 01630-1 01700 Contract Closeout 01700-1 00005 (1) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00005.doc to 01010-2 to 01025-3 to 01027-2 to 01035-4 to 01040-4 to 01051-2 to 01060-3 to 01090-3 to 01300-4 to 01310-2 to 01410-3 to 01500-5 to 01620-2 to 01630-2 to 01700-5 City of Fayetteville Division 2 - Technical Specifications SP -1 Specifications, Ark. State Highway Commission SP -1-1 SP -2 Removal of Traffic Signal Equipment SP -2-1 SP -3 Removing Asphalt Pavement SP -3-1 SP -4 Relocation of Sanitary Sewer Services SP -4-1 SP -5 Relocation of Water Services SP -5-1 SP -6 Topsoil SP -6-1 SP -7 Precast Reinforced Concrete Box Culverts SP -7-1 SP -8 Temporary Aggregate Sidewalk and Safety Fencing SP -8-I SP -9 PVC Conduit SP -9-1 SP -10 Subbase Course SP -10-1 SP -11 Thermoplastic Pavement Marking SP -11-1 SP -12 Flowable Fill SP -12-1 SP -13 City of Fayetteville — Landowners Side Letters SP -13-1 Section 1 - Site Preparation 1-1 Section 2 - Earthwork 2-1 Section 3 - Aggregate Base Course 3-1 Section 4 - Prime Coat and Tack Coat 4-1 Section 5 - Asphalt Surface and Binder Course 5-1 Section 6 - (Not Used) Section 7 - Driveways, Driveway Extensions and Aprons 7-1 Section 8 - Concrete Curb and Gutter 8-1 Section 9 - Concrete Sidewalks 9-1 Section 10 - Inlets and Junction Boxes 10-1 Section 11 - Concrete and Reinforcing Steel 11-1 Section 12 - Unclassified Excavation for Structures 12-1 Section 13 - Pipe Culverts 13-1 Section 14 - Solid Sodding 14-1 Section 15 - (Not Used) Section 16 - Maintenance of Traffic 16-1 Section 17 - Pavement Repairs 17-1 Section 18 - Disability Access Ramps 18-1 Section 19 - Cleanup 19-1 Section 20 - Pipe Embedment 20-1 Section 21 - (Not Used) Section 22 - Mailbox Relocation 22-1 Section 23 - (Not Used) Section 24 - Temporary Erosion Control 24-1 Section 25 - New Fence 25-1 Section 26 - Trench and Excavation Safety Systems 26-1 Section 27 - Cold Milling Asphalt Pavement 27-1 Section 28 - Guard Rail 28-1 Section 29 - (Not Used) Section 30 - (Not Used) Section 31 - Roadway Construction Control 31-1 Section 32 - (Not Used) Section 33 - Valve and Meter Boxes Adjusted to Grade 33-1 Section 34 - Remove and Replace Fences 34-1 Section 35 - (Not Used) 00005 (2) 1:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00005.doc City of Fayetteville Section 36 - Section 37 - Section 38 - Section 39 - (Not Used) (Not Used) Riprap (Not Used) End of Section 00005 00005 (3) 1AProjects\1997\976070 (Sycamore»Specs\Resubmittal-3-99\Front End\00005.doc 38-1 City of Fayetteville I I H I H H Section 00020 ADVERTISEMENT FOR BIDS - BID NO. 99-68 Date: Notice is given hereby that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at Room 306, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 11:30 a.m. (local time) on August 24, 1999 for furnishing all tools, materials, and labor and performing the necessary work for the Sycamore and Leverett Intersection Improvements Project in Fayetteville, Arkansas. At this time and place, all bids received will be publicly opened and read aloud. The work generally consists of: Asphalt pavement reconstruction and widening, construction of sidewalks, driveways, curbs, access ramps, cast -in -place and precast reinforced concrete box culvert, storm drainage pipe and structures, and all items indicated in the Drawings and Specifications. Drawings and Specifications are on file and may be examined at the office of the Engineering Department, City of Fayetteville and at the Office of Garver Engineers. Bidding Documents can be purchased from Garver Engineers at: ' Garver Engineers 3810 Front Street, Suite 10 Fayetteville, AR 72703 LI L 1, H H I I] I (Phone: 501-527-9100) (Fax: 501-527-9101) The cost of the Bid Documents is $75.00. This amount should be made payable to Garver Engineers and is non-refundable. The bidders shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Bid security, as defined in the Instructions To Bidders, in the amount of 5 percent of the Bid must accompany the Bid. The successful Bidder will be required to furnish a Performance Bond and a Payment Bond as security for the faithful performance and the payment of all bills and obligations arising from the performance of the Work. No Bids may be withdrawn within a period of 60 days after the date fixed for opening Bids. Bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. The City Council reserves the right to reject any or all bids, to waive irregularities in the Bids and bidding deemed to be in the best interests of the City Council, and to reject nonconforming, nonresponsive, or conditional Bids. Peggy Vice, Purchasing Officer 00020 (1) J:\Projects\!997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00020.doc City of Fayetteville I ISection 00100 ' INSTRUCTIONS TO BIDDERS I DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder - one who submits a Bid directly to Owner as distinct from a sub -bidder, who submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2 COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither Owner. nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. 3 EXAMINATION OF SITE AND CONTRACT DOCUMENTS 3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Engineering Department, and shall constitute all of the information which the Owner shall furnish. No other information given or sounding made by the Owner or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on Owner. ' 00100 (1) J:\Frojects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Fmnt End\00100.doc City of Fayetteville I C LI [TI I I I I I I Li I Li H I 'J I I Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. 3.3 Bidders shall promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 3.4 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 3.5 On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. 3.6 Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, Owner will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by Engineer are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 00100 (2) J:\Projects\ 1 997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00 I 00.doc City of Fayetteville n ' 4 AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS ' 4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5 INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA ' 5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any part of the proposed Contract Documents, he should submit a written request. ' for interpretation thereof to the Engineer not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Owner ' will not be responsible for any other explanations or interpretations of the proposed Contract Documents. 5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6 APPROXIMATE ESTIMATE OF QUANTITIES 6.1 Engineer's estimate of quantities, on file at the City Engineer's office, is approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose ' of awarding the contract, and will be used as basis for fixing the amount of the required Bonds. I I C I UNIT PRICES 7.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. 00100 (3) 1:\Projects\I 997\976070 (Sycamom)\Specs\Resubmittal-3.99\Front End\00 I OO.doc City of Fayetteville n ' 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of Owner may be rejected at the discretion of Owner. 7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required, and has reviewed the Drawings and Specifications to verify the full scope of the Work. 8 BID FORM 8.1 Bids are due as indicated in the Advertisement For Bids. 8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. Bid Form shall not be removed from the bound Project Manual, nor shall bids be submitted on a photocopy of the Bid Form. The unit price or lump sum bid for each item must be stated in figures in the ' appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise as to their intent and meaning. Discrepancies between the multiplication of units of Work and unit prices will be resolved in 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. ' 8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders may be rejected as informal or non -responsive at the option of Owner. However, Owner reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of Owner. 8.4 Address bids to Owner, and deliver to the address given in the Advertisement For Bids on or before the day and hour set for opening the bids. Enclose the completed Bid Form and Project ' Manual in a sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas Contractor's License number, and the date and hour of the bid opening. If this sealed envelope is delivered by a public carrier, it must be contained in another envelope addressed to ' Owner and the attention of the project name. It is the sole responsibility of Bidder to see that the Bid is received on time. I I I I 8.5 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with him in the Bid, until after the bids have been opened. 00100 (4) J:\Projccts\1997\976070(Sycamom)\Spccs\Rcsubmittal-3-99\Front End\00I00.doc I City of Fayetteville LJ H L I I I I SIGNATURE ON BIDS 9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given and the Bid signed by an officer or agent duly authorized. 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. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with Owner. ' 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. t10 BID SECURITY I I I H H L 10.1 Bid security, in the form of a bid bond, certified check, or similar financial instrument, in the amount stated in the Advertisement For Bids, must accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder will not be acceptable. The Successful Bidder's security will be retained until Owner receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. 10.2 The Owner reserves the right to retain the security of the three low bidders until the Successful Bidder enters into the Contract or until 60 days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after bid tabulations are complete or 30 days after bid opening, whichever is sooner. If any Bidder refuses to enter into an Agreement, Owner may retain Bidder's bid security as liquidated damages but not as a penalty. 11 PERFORMANCE BOND AND PAYMENT BOND 11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment Bond, equal to one hundred percent of the contract price. 00100 (5) 1:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00100.doc City of Fayetteville I ' 11.2 Contractor is to pay all expense in connection with the obtaining of said Bonds. The Bonds shall be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness ' for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. 11.3 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. 11.4 In Arkansas, prevailing law requires that performance and payment Bonds on public works ' contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds will not be sufficient. 11.5 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. At least six originals of the Bonds shall be furnished, each with Power of Attorney attached. 11.6 Bonds are to be approved by Owner. If any Bonds contracted for become unsatisfactory or ' unacceptable to Owner after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at ' the discretion of Contractor. 12 CONTRACT TIME 12.1 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 is outlined in the Bid Form. ' 13 LIQUIDATED DAMAGES 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. 14 SUBCONTRACTORS SUPPLIERS AND OTHERS 14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written ' approval of Owner nor shall Contractor allow such subcontractor to commence work until approval of workman's compensation insurance and public liability insurance as may be required. Approval of each subcontract by Owner will in no manner release Contractor from any obligations as set out in the Drawings, Specifications, contract, and Bonds. H 00100 (6) 1:\Projects\1997\976070(Sycamore)\Specs\Resubmittal-3-99\Front End\00100.doc City of Fayetteville I I15 SUBSTITUTE AND "OR EQUAL" ITEMS I I H H H I 15.1 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. However, a substitute or "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer. Application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the General Conditions and may be supplemented in the General Requirements. 16 COMPLIANCE WITH STATE LICENSING LAW 16.1 Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors". Bidders who submit Bids in excess of $20,000 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 the envelope containing the Bid Form and on the Bid Form. ' 17 QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit ' within five days after bid opening, upon Owner's or Engineers's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. ' 18 DISQUALIFICATIONS OF BIDDERS 18.1 Any one or more of the following may be considered as sufficient for the disqualification of ' bidders and the rejection of Bids. 18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the same or different names. H I I 18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required contract documents. 00100 (7) J:\Pmjects\1997\976070 (Sycamore)\Spccs\Resubmittal-J-99\Front End\00100.doc I City of Fayetteville iLI ' 18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. 18.6 A bid by an unlicensed contractor bidding under a licensed contractor's name. ' 18.7 Uncompleted work which, in the judgement of Owner, might hinder or prevent the prompt completion of additional work if awarded. 18.8 Being in arrears on existing contracts, in litigation with Owner, or having defaulted on a previous contract. 19 OPENING OF BIDS 19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room Ito be designated by Owner the day of the bid opening. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 20 CONSIDERATION OF BIDS 20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. 20.2 In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may ' be requested in the Bid Form or prior to the Notice of Award. 20.3 Owner may consider the qualifications and experience of 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 in the Supplementary Conditions. Owner also may consider the operating costs, maintenance ' requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection. 1 21 RIGHT TO REJECT BIDS 21.1 Owner reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new bids. All Bids are subject to this reservation. Owner reserves to itself the right to decide 'which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder. 00100 (8) 1:\Projects\I997\976070 (Sycamme)\Spem\Resubmittal-3-99\Front End\00100.doc City of Fayetteville I 21.2 Owner also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. 1 22 AWARDING OF CONTRACT ' 22.1 Owner reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed 60 days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against Owner upon the contract until the contract is reduced to writing and signed by the ' contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary Bonds approved. 23 RETAINAGE I 23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. 24 SIGNING OF AGREEMENT ' 24.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions, with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor ' shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds & Certificate of Insurance. Within ten (10) days thereafter Owner shall deliver one fully signed counterpart to Contractor. ' 25 MATERIALS GUARANTY 25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the ' origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. 26 FAMILIARITY WITH LAWS ' 26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations ' shall be binding unless embodied in the Contract. 00100 (9) 7:\Projects\1997\976070(Sycamore)\Specs\Resubmittal•3.99\Front End\00100.doc City of Fayetteville I I I I I I I I I H H H I I H 27 ADDITIONAL LAWS AND REGULATIONS Bidders' attention is called to the following laws and regulations which may have an impact on the Work and on the preparation of the Bid. 27.1 Americans With Disabilities Act 27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor may be required to obtain coverage under general permit ARR001000 prior to commencing work at the site. 27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993. End of Instructions to Bidders 00100(10) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00100.doc City of Fayetteville H Section 00300 BID FORM Contract t Sycamore and Leverett Intersection Improvements Fayetteville, Arkansas JERRY b. SWEETSER INC Bid of � (hereinafter called 'Bidder"), a corporation, organized and existing under the laws of the State of ARKONICAsr a partnership, or an individual doing business as To: City of Fayetteville, (hereinafter called the "Owner"): The Bidder, in compliance with the Owner's Advertisement For Bids on August 8, 1999 and August 15, 1999, and having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed ' project including normal inclement weather conditions and the availability of materials, and labor, hereby proposes to furnish all labor, materials, and equipment to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. These prices are Ito cover all expenses incurred in performing the work required under the Contract Documents. The costs of miscellaneous material items not listed below that are required for a complete job shall be included in the prices below and shall not be a cause for an extra. ' Bidder hereby agrees to commence work under this contract on or before a date to be agreed upon by the Contractor and the Owner and to substantially complete the project within 120 consecutive calendar days thereafter as stipulated in the General Conditions and to fully complete the project within 150 consecutive calendar days after that agreed date. Bidder acknowledges receipt of the following addendum ' Addendum No. Subject G / I ' 00300 (1) 1:\Projects\1997\976070 (Sycamore)\Spccs\Rcsubmittal-3-99\Front End\00300. City of Fayetteville SYCAMORE AND LEVERETT INTERSECTION IMPROVEMENTS Item UNIT PRICE SCHEDULE Estimated No. Description Unit Ouantity SP -4-5.1 Relocation of Sanitary Sewer Service EA. 2 SP -5-5. Ia Relocation of Water Mains L.F. 20 SP-5-5.lb Relocation of Water Services EA. 2 SP -7-4.1 6'x3' PreCast Box Culvert L.F. 470 SP-8-5.la Temporary Aggregate Sidewalk L.F. 300 SP-8-5.lb Temporary Safety Fence L.F. 500 SP -9-5.1 PVC Conduit L.F. 100 SP -10-5.1 Subbase Course C.Y. 488 SP -11-4.1a Thermoplastic Pavement Marking - L.F. 490 4" Yellow SP -11-4.1b Thermoplastic Pavement Marking- L.F. 250 4" White SP -1 l-4.Ic Thermoplastic Pavement Marking - L.F. 55 18" White - Stop Bar SP-11-4.Id Thermoplastic Pavement Marking - L.F. 560 9" White - Crosswalk SP -I 1-4.1e Thermoplastic Pavement Marking - Words EA. 2 SP -11-4.1f Thermoplastic Pavement Marking - Arrows EA. 6 1.04 Site Preparation L.S. 1 2.09a Unclassified Excavation L.S. 1 2.09b Undercut Excavation C.Y. 100 3.06 Aggregate Base Course (Class 7) TON 625 00300 (2) 5.04a ACHM Binder Course, Type 2 TON 170 $ 4 / $ (p 77 5.04b ACHM Surface Course, Type 2 TON 215 $ 42. $ 70. D_ 7.05 Concrete Driveway S.Y. 180 $ 32 $ cc%6d.�_ 8.09 Concrete Curb and Gutter L.F. 700 $ �' $ 5600- 9.06 Concrete Sidewalk S.Y. 400 $ 3Z . $ 860- y2_L� 10.08a Curb Inlet EA. 4 $ i %'t . 10.08c Junction Box EA. 1 $ Q $ / 7C' 10.08d Yard Drain EA. 1 $ �� $ 2QQ �- 11.18a Reinforced Concrete C.Y. 350 $ 3 75• $ /3 l�S� ii 13.08a 18" Reinforced Concrete Pipe, Class III L.F. 126 $ 0- $ . 13.08b 18" Reinforced Concrete Pipe, Class IV L.F. 46 $ 72 . $ 13.08b 24" Reinforced Concrete Pipe, Class IV L.F. 30 $ $ /7/j�^ So 14.07a Solid Sodding S.Y. 1,500 $ 3 .$ SpZ S' •�� Jc_ 16.08 Maintenance of Traffic L.S. 1 XXX $ 17.05a Permanent Asphalt Pavement Repair S.Y. 120 $ L5 -3_:t:. $ 0O 6 OO 17.05b Permanent Concrete Pavement Repair S.Y. 20 $ , $ 1 p2 CO . 17.05c Temporary Pavement Repair S.Y. 100 s_�Q 0 $ o20O0. 20.06 Pipe Embedment TON 20 $ 5 $ 24.03 Temporary Erosion Control L.S. I XXX $ LQQ . 25.05a Chain Link Fence L.F. 350 $ $ 5, 26.05 Trench and Excavation Safety System L.S. 1 XXX $ pQ Sl� 27.04 Cold Milling Asphalt Pavement S.Y. 60 $ '13 , $ c2 2K2 28.05 Guard Rail - Type 1 L.F. 50 $ $ ,SO, 31.03 Roadway Construction Control L.S. 1 XXX $ Q≤22 ii l �^ 33.03 Valve or Meter Box Adjusted to Grade EA. 2 $ Qt'. $ �. 00300 (3) (' 34.06 Remove and Replace Fence 38.05 Riprap TOTAL AMOUNT BID L.F. C.Y. 350 12 $366 �uJ' Sa2� 6 95. 3-=- ulG5 00300 (4) I I I I The Bidder shall state the Unit Price and the Total Price Bid (written in ink or typed) for each pay item, and the total amount bid. In case of conflict between figures, the Unit Prices, unless obviously incorrect, shall govern. Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any formalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the ' scheduled closing time for receiving bids. I I I Respectfully submitted, JERRY D. SWEETSER, INC Finn NI/e/WIruAMG. SWEETSER By ' Address ,e„y D Sweetser Inc 590W Poplar ' Fayetteville, AR 72703 City State 1 oj14' 7d AGO Arkansas St to Contractor's License Number 1 ' End of Section 00300 - Bid Form H J L] LI ' 00300 (5) tJ:\Projccts\1997\976070 (Sycamore)\Specs\Resubmictal-1-99\Front End\00300. City of Fayetteville I I 1 1 1 I 9 Plfl:r\ :u A?e ,, •r, Y r1 _ib: ..,}, \\.^.f!' v r/a Lt. • rn\v \ttELITY4ep UNITED STATES FIDEL ARANTY COMPANY (A St any) BID BOND BONDNUMBER........................................................................................ itl: KNOW ALL MEN BY THESE PRESENTS: Jerry D. Sweetser, Inc. THAT :.. .................................................................................................................... of ..........Fayetteville : "- as Principal and UNITED STATES FIDELITY AND •. .................................................................................................................................................0..6......., , GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto.......................................................................................... -? City of Fayetteville, Arkansas ................................................................................................................................................................................................................................................. Five Percent (5%) of Bid asObligee, in the full and just sum af.............................................................................................................................................................................. ... ....... Dollars, -: lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. • WHEREAS, the said Principal is herewith submitting its proposal for furnishing all labor and materials for Sycamore and Leverett Intersection Improvements, Fayetteville, Arkansas. 4. THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. :_. Au 24 X999 Signed, sealed and delivered .......... .....us..t...........>......... .......... (Date) Jerry D. Sweetser, In ,� ...... .... (BEAU ':. .............................................(BEAU '- Secretar President UNITED STATES FIDELITY AND GUARANTY COMPANY ... ....................�......... �a ............. ....................... .............. Robert M. Davis Attorney -in -fact 'fru ":n .,;:.: _m '.'. ... \. .:._.:�. a �?,r :',:'\\ `e?�; 'r: .. '.:: ..1: -:.G\ .ic"iii\\�.'!r,'tq\,r.'n,.,t\\ riu :iU i.'i.:B:C\.:Tii:il\. ,./i,,:i\� :i!t `\ :'::e• Contract 11 (Revised) (1-74) I 1874343 United States Fidelity and Guaranty Company i1fr V S F c Power of Attorney No. 106636 Know all men by these presents: That United States Fidelity and Guaranty Company, a corporation organized and Ssdng under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland. does herebyconstitute and appoint A. P. Eason, Jr . and Robert M. Davis v,.c1 the City of Fayetteville . State of Arkansas its true and lawful Attomey(s).in-Fact each in their separate capacity it more than one is named above, to sign its name as surety to. and to execute, seal and acknowledge any and all bonds. undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons: guaranteeing the performance of camans; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. ' In witness whereof, the said United States Fidelity ancaused this Guaranty Company. has causus instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Assistant Secretary, this 22nd day of January . A.D. 19 93 . United States Fidelity and Guaranty Company, ta�ma'ae (Signed) JBy ................ ...r. �.!.�. ` ............ ........... Vice President I. (Signed) By ... �.....C_„J4`J State of Maryland) istant Secretary SS: �:l_> ' Baltimore City 1 On this 22nd day of January , A.D. 19 t 93, before me, .persona ly came Gary l0. -Wilson, Vice President of United States -and Guars Company, Fidelity that they, and Thomas E. n and Assistant regetaly of said Company. with a of wtom I am per so ally acquainted who being by me severally duly sworn, ' said, they, the said Gary A Wilson and Thomas E. Huibiegtse were respectively the t President an ).Assistant Secretary of the said United States Fidelity and Guaranty Company, the corporation described in and which executed the-finegoitg Power of Attomey,.ylat trey each knew the seal of said corporation: that the seal affixed to said Power of Attorney was such corporate seat; that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice President and Assistant Secretary. respectively; ofthe Company. My Commission expires the 1st dayof !:August AD._16 2002. )Signed) By..-..:1.L/,!L�}i�...l(_;.....t .......(.,J.(.y..L±Lcf /.l,C. flwmc' . L }Ipp F rPublic \1 M • This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the United States Fidelity and Guaranty Company on September 24.1992: Resolved, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed. executed. and acknowledged by persons or entities appointed as AttomeyfsFin-Fact pursuant m a Power of Attorney issued in accordance with these resolutions. Said Powerls) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company. either by the Chairman, or the President or an Executive Vice President or a Senior Vice President or a Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the ' seal of the Company may be affixed by facsimile to any Power of Attorney or to any cerdficete relating therein appointing Ammney(s).in-Fah for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any Rich Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attac ed. ' Resolved. That Attomeyls)-in-Fact shall have the power and authority, and, in any case, subject to the tams and limitations of the Power of Attorney issued to than, to execrm and deliver on behalf of the Company and to attach the seal of the Company m any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Atmmeyls)-in Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I. Thomas E. Huibregtse, an Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing are true eserpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24.1992 and that tese Resolutions are in full force and effect I. the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of the United States Fidelity and Guaranty Company, • on thus day of 19 ....................... ' nm.aaim ✓ Asistant Secretary ;, tans FS 3112!96) NOTICE OF SELECTION ' TO: PROJECT DESCRIPTION: Sycamore and Leverett Intersection Improvements The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated August 8 and August 15, 1999 and Instructions to Bidders. IYou are hereby notified that your BID has been accepted in the amount of: You are required by the Instructions to Bidders to execute the Contract and furnish six (6) ' original CONTRACTOR'S Performance BOND, Payment BOND, and Certificates Of Insurance within ten (10) calendar days from the date of this Notice to you. ' If you fail to execute said Contract and to furnish said BONDS within ten (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. ' You are required to return an acknowledged copy of this NOTICE OF SELECTION to the OWNER. ' Dated this day of ,1999. LI I -TERRY. D. SWEETSERL INC I J I H FAYETTEVILLE CITY ENGINEERING By OF NOTICE • / as, ISAL3t: - •. . .. '1 • Title PRESIDENT 00350 (3) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00350.doc City of Fayetteville I C I I I 1J H Section 00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the 7tx day of ` t. in the year 1999 by and between the City of Fayetteville, Arkansas (hereinafter called OWNER) 'and Jerry D. Sweetser, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Sycamore and Leverett Intersection Improvements ' Asphalt pavement reconstruction and widening, construction of sidewalks, driveways, curbs, access ramps, cast -in -place and precast reinforced concrete box culvert, storm drainage pipe and structures, and all items indicated in the Drawings and Specifications. ' Article 2. ENGINEER. The Project has been designed by Garver Engineers 3810 Front Street, Suite 10 Fayetteville, AR 72703 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in ' connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work shall be substantially completed within 120 calendar days after the date when the Contract Time begins as provided in paragraph 2.03 of the General Conditions, and completed and ' ready for final payment in accordance with paragraphs 14.07.B & C of the General Conditions within 150 calendar days after the date when the Contract Time begins. ' 00500(1) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00500.doc City of Fayetteville H I I .1 I I H 1i F I I I I I If delays in utility relocations by others impede the Contractor's progress for major Contract items and/or items critical to the prosecution of the work within the Contract Time, the Contract Time will be temporarily suspended or adjusted by the City as appropriate. During such periods, the Contractor will be allowed to work on minor Contract items, as approved by the City, without spending Contract Time. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of the Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Five hundred dollars($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. The OWNER agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all work done under this agreement, the amount based on the prices bid in the Proposal which is hereto attached, for the actual amount accomplished under each pay item, said payments to be made in lawful money of the United States at the time and in the manner set forth in the Specifications. As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General Conditions. Article 5. PAYMENT PROCEDURES ' CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ' 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on ' or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02 of Section 00800. 00500(2) J:\Projccts\1997\976070 (Sycamore)\Specs\Resubmittal•3-99\Front End\00500.doc City of Fayetteville I 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage). If Work has been 50 percent completed as determined by the ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 1 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to OWNER as • provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. ' 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with ' paragraphs 14.07.B & C of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraphs 14.07.B & C. ' Article 6. CONTRACTOR'S REPRESENTATIONS. ' In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: ' 6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. ' 00500 (3) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3.99\Front End\00500.doe City of Fayetteville I 6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which ' CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and ' may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and ' Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by CONTRACTOR and ' safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in ' accordance with the other terms and conditions of the Contract Documents. 6.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and 'others at the site that relates to the Work as indicated in the Contract Documents. ' 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. I ' 00500(4) 1:\Projects\1997\976070(Sycamom)\Specs\Resubmittat-3-99\Front End\00500.doc City of Fayetteville I I Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 7, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages Ito 15, inclusive). ' 7.7. Specifications consisting of Divisions 1 through 2 as listed in Table of Contents herein. 7.8. Addenda numbers I to 3 , inclusive. ' 7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered I through 25, inclusive with each sheet bearing the following general title: Sycamore and Leverett Intersection Improvements ' 7.10. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: ' 7.10.1. Notice to Proceed 7.10.2. All Written Amendments and other documents amending, modifying or ' supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. ' The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). ' There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. ' 00500(5) 1:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal•3.99\Front End\00500.doc City of Fayetteville I I Article 8. MISCELLANEOUS. ' 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ' 8.3. OWNER and CONTRACTOR each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. ' 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. I I I ' 00500 (6) 1:\Projects\I997\976070(Sycamom)\Specs\Resubmittal-3-99\Front End\00500.doc City of Fayetteville I I I_I I I I n I I I IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in six (6) counterparts. One counterpart each has been delivered to OWNER and ENGINEER, and two counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on &2t -.x,1999 (which is the Effective Date of the Agreement). OWNER: City of Fayetteville By: Mayor [CORPORATE SEAL] Attest �U Address for giving notices (If OWNER is a public body, attach ' evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) I I CONTRACTOR: JERRY D. SWEETSER, INC By: PRESIDENT Title [CORPORATE SEAL] Attest Address for giving notices Jerry D Sweetser Inc 590W poplar Fayetteville, AR 72703 (6601) 443-3026 OFFICE (501) 442-0119 FAX License No. OO 7( Agent for service of process: WILLIAM G. SWEETSER (If CONTRACTOR is a corporation, attach evidence of authority to sign) 00500(7) J:\Projccts\1997\976070 (Sycamore)\Specs\Resubmittal-J-99\Front End\00500.doc City of Fayetteville I I I I I I Li 1 U 1 u u 1] 17 I 1 �otLITr,4O UNITED STATES FIDELI UARANTY COMPANY (A Stock Company) ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND we............Jerry D. SweetserT.. Inc. ................................................................. ........................................................................................................................ as Principal, hereinafter called Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY, a coroporation organized and existing under the laws of the State of Maryland and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto ................ City of Fayetteville, Arkansas as Obligee, hereinafter called Owner, in the amount of... Five, Hundred. Twenty -Two. Thousand,,,,,, Six„Hundred„Ninety. Five. Dollars, and„0„ 1Q0 Dollars ($..,522,,695,.,30, ), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated ........................................... entered into a contract with Owner for furnishing all labor and materials for Sycamore and Leverett Intersection Improvements, Fayetteville, Arkansas. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner, unless it is brought in accordance with A.C.A. Section 22-9-403 (b) and A.C.A. Section 18-44-503 (b) (Supp. 1987) as amended. No suit, action or proceeding shall be brought by the Owner after two years from the date on which final payment under the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forberance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this ......................day of....................................., 19 ...... :. J r weetser, Inc., .......... .. .. ........................................... Principal By. ................: s ent UNITEDSTA S FIDELITY AND GU " TY COMPANY Surety By ......... Ro ert M. Davis Attorney -in -fact :;... .. .; ,. ... ..,,._ .,;.. .; :_. ,:..� ;,.:. it&i i:; Contract 158 (Arkansas) (11-89) United States Fidelity and Guaranty Company Power of Attorney Know all men by these presents: Thai United States Fidelity and Guaranty Company, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint A. P. Eason, Jr . and of the Ciryof Fayetteville . State of Arkansas its true and lawful Attomeyls)-in-Fact each in their separate capacity if more than one is named above, to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Wimess Whereof, the mid United States Fidelity and Guaranty Company, has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Assistant Secretary, this 22nd day of January .A.D. 19 93 . United States Fidelity and Guaranty Company, By........ -��. . .�... A .............. ....... Vice President / By .......i4 .l�Qs ...: 0~_ sistant Secretary oo On this 22nd AD19" before day of January . 93, me. personally came Gary I Wilson, Vice President of United States Fidelity and Guaranty Company, and Thomas E. Huibregtm, Assistant eeceeMiyof said Company with�bot of whom lam perfly acquainted who being by me severalty duly sworn, mid, that they, the mid Gary A. Wilson and Thomas E. Huibregtm were respecuvtyrKMce President abAsssistant Secretary of the mid United States Fidelity and Guaranty Company, the corporation described in anau'ch executed the forego Power of AttorneJhat 9ey each knew the seal of mid corporation; that the seal affixed to mid Power of Attorney was such corporate 4iit was so affx4y,order of the Board dfairectors of said corporation, and that they signed their names thereto try like order as Vice President and Assistant Secretary, respectively,of&.Company. 4%Y My Commission expires tlhe 1st day of pAuguSt Aptg 2002. cr .1 ��.. (Signed)' (J2 By...,,:}2t,.(L..... `.... • ^'r"x ' ryPublic This Power of Attorney is granted under and'by authority of the following Resolutions adopted by the Board of Directors of the United Sates Fidelity and Guaranty Company on September 24.1992: Resolved, that in connection with the fidelity and surety insurance business of the Company, all bonds. undertakings, contracts and other instruments relating to said business may be signed, eseated, and acknowledged by persons or entities appointed as Attomeyls)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Poweds) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman. or the President or an Executive Vim President or a Senior Vice President or a Vim President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attraney(sHn-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking towhich it is validly attached. Resolved. That Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and otter writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-in Fact shall be as binding upon the Company as if signed by an Executive Offices and sealed and attested to by the Secretary of the Company. I. Thomas E. Huibregtse, an Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing are true excerpts from the Resolutions of the mid Company as adopted by its Board of Directors on September 24.1992 and that these Resolutions are in full force and effect I, the undersigned Assistant Secretary of the United Safes Fidelity and Guaranty Company, do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof. I have hereunto set my hand and the seal of the United States Fidelity and Guaranty Company. on this day of .19 4lb .......t+,_2..G:..'.?:i4u...1. `1l. /mm...\ Assistant Secretary.... ACORD, CERTIFICATE OF LIABILITY INSURANCEcSR sP DATE(MMIDDNY) SWEET -1 09/27/99 ODUCER - • . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ason Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 340 Green Acres Rd, Suite #10 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ihonallo. .0. Box 4217 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ayetteville AR 72703 COMPANIES AFFORDING COVERAGE obert Michael Davis COMPANY A Bituminous Insurance Co. 501-521-2233 Fex No. NSURED COMPANY B COMPANY Jerry Sweetser, Inc. C COMPANY D 590 W. Poplar Fayetteville AR 72703 COVERAGES..... •. __...• 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 AFFORDED 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 EFFECTIVE DATE (MMJDD/W) POLICY EXPIRATION DATE (MMIDDtYV) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 2 , OOO , 000 A COMMERCIAL GENERALLIABILITY CLP2312300 10/30/98 10/30/99 X PRODUCTS-COMPIOPAGG s2,000,000 CLAIMS MADE I OCCUR PERSONAL& ADV INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 OWNERS& CONTRACTORS PROT FIRE DAMAGE (Any one fire) S 100,000 MEDEXP(Any oneperson) S 5,000 A AUTOMOBILE LIABILITY ANY AUTO CAP2549456 10/30/98 10/30/99 COMBINED SINGLE LIMB $ 1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESSWBILITY EACH OCCURRENCE $ 2000000 A X UMBRELLA FORM CLP2312300 10/30/98 10/30/99 AGGREGATE $ 2000000 $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC STATU- TORY LIMBS I I 0TH - ER EL EACH ACCIDENT $ 100000 A THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE WC3046809 10/30/98 10/30/99 EL DISEASE -POLICY LIMIT $ 500000 OFFICERS ARE: EXCL EL DISEASE -EA EMPLOYEE $ 100000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPEGAL ITEMS SYCAMORE & LEVERETT INTERSECTION IMPROVEMENTS, FAYETTEVILLE, AR CERTIFICATE: HOLDER -- . . . . CANCELLATION CITY001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City Of Fayetetteville 113 W. Mountain 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Fayetteville AR 72701 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIV . AUTHORIZED REPRESENTATIVE Robert Michael Davis ACORO 25•S(1I95)T • - - - I • • I -.:. '' _ TACO CORPORATION. 1988 acoRv_ . CERTIFICATE' OF LIABILITY INSURANCE'CSR SP , DATE(MWDDIVY) . .. SWEET -1 09/27/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Eason Insurance Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2340 Green Acres Rd, suite #10 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 4217 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fayetteville AR 72703 COMPANIES AFFORDING COVERAGE Robert Michael Davis COMPANY IP�No. 501-521-2233 Fax No. A Bituminous Insurance Co. INSURED COMPANY B COMPANY Jerry Sweetser, Inc. C 590 W. Poplar COMPANY Fayetteville AR 72703 D COVERAGES, .... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LPAITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE POUCY EXPIRATION LIMITS LTR DATE (MMIDDJYY) DATE (MMIDD/YY) GENERALUABILTTY GENERAL AGGREGATE $2,000,000 A X COMMERCIAL GENERAL LIABILITY CLP2312300 10/30/98 10/30/99 PRODUCTS-COMPIOPAGG s2,000,000 CLAIMS MADE XIOCCUR PERSONAL 8 ADV INJURY $1,000,000 OWNER'S & CONTRACTORS PROT EACH OCCURRENCE $ 1 , 000 , 000 FIRE DAMAGE(Any one fire) $ 100,000 MED EXP (Any one Person) $ 5,000 AUTOMOBILE LIABILITY A X ANY AUTO CAP2549456 10/30/98 10/30/99 COMBINED SINGLE LIMIT $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Pet person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE UABJLITY AUTO ONLY - EA ACCIDENT - ANY AUOTHER THAN AUTO ONLLY TO S EACH ACCIDENT $ AGGREGATE $ j EXCESSLIABILTTY EACH OCCURRENCE $2000000 A X UMBRELLA FORM CLP2312300 10/30/98 10/30/99 AGGREGATE $2000000 OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND WCEA 0TH- TORY LIMTS ER EMPLOYQt5 LIABILITY EL EACH ACCIDENT $ 100000 A THEPROPRIETOw INCL WC3046809 10/30/98 10/30/99 EL DISEASE -POLICY LIMIT $ 500000 PARTNERSIEXECUIIVE OFFICERS ARE EXCL EL DISEASE - EA EMPLOYEE $ 100000 OTHER DESCRIPTION OF OPERATIONSJLOCATONSNEHICLES/SPECIAL ITEMS SYCAMORE AND LEVERETT INTERSECTION IMPROVEMENTS, FAYETTEVILLE, AR CERTIFICATE..HOLDER - .CANCELLATION GARVERE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 38RNER ENGINEERS 3810 FRONT STREET, sum 10 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY TE FAYETTEVILLE AR 72703 OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENT S. AUTHORVED REPRESENTATIVE Robert Michael flatACORD 25-S'(7I95)` - - - - - - -' '- A D:CORPORATION 1968 NOTICE TO PROCEED TO: DATE: PROJECT: Sycamore and Leverett Intersection Improvements You are hereby notified to commence WORK in accordance with the Contract dated on or before , and you are to substantially complete the WORK within thirty consecutive calendar days thereafter and have the Work complete and ready for final payment within sixty consecutive calendar days thereafter. The date for Substantial completion is therefore , 199_. The date for final completion is therefore 199_ CITY OF FAYETTEVILLE, ARKANSAS Owner By ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of By _ Title 199_ 00500(11) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00500.doc City of Fayetteville 1 1� 1 1 1 H' I I I I I I This document haz impertant legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By 0 National Society of Professional Engineers AMERICAN CONSULTING Professional Engineers in Private Practice AMERICAN SOCIETY OF ENGINEERS COUNCIL CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General w c - Contractors of America Construction Specifications Institute These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910- 8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). EJCDC No. 1910-8 (1996 Edition) L [J C. 1 Copyright 01996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 "weal I TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..................................... 00700 -6 1.01 Defined Terms ................................................... 00700-6 1.02 Terminology..................................................... 00700 -9 ARTICLE 2 - PRELIMINARY MATTERS 00700 - 9 .......................... 2.01 Delivery of Bonds .................................................0070 -9 .......... 2.02 Copies of Documents...............................................0()70() - 9 2.03 Commencement of Contract Times; Notice to Proceed .......................... 00700-9 ' 2.04 Starting the Work ................................................. 00700 - 2.05 Before Starring Construction .......................................... 00700 - 9 2.06 Preconstruction Conference..........................................00700 - 10 2.07 Initial Acceptance of Schedules........................................00700 - 10 I ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .................... 00700 - 10 3.01 Intent........................................................00700 - 10 3.02 Reference Standards..............................................00700 - 10 ' 3.03 Reporting and Resolving Discrepancies ................................... 00700 - 11 3.04 Amending and Supplementing Contract Documents ........................... 00700-11 3.05 Reuse of Documents...............................................007D( - 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITION 'S; REFERENCE POINTS .............................................. 00700 : 11 4.01 Availability of Lands ............................................ 0 . 00700 - 11 4.02 Subsurface and Physical Conditions ..................................... 00700 - 12 4.03 Differing Subsurface or Physical Conditions................................00700 - 12 4.04 Underground Facilities ............................................. 00700 - 13 4.05 Reference Points ................................................. 00700 - 13 ' 4.06 Hazardous Environmental Condition at Site................................00700 - 14 ARTICLE 5 - BONDS AND INSURANCE ........................................... 00700 - 15 5.01 Performance, Payment, and Other Bonds ................................. 00700 - 15 5.02 Licensed Sureties and Insurers ........................................ 00700 - 15 I 5.03 Certificates of Insurance ............................................ 00700 - 15 5.04 CONTRACTOR's Liability Insurance....................................00700 - 15 5.05 OWNER's Liability Insurance ......................................... 00700 - 16 ' 5.06 Property Insurance ............................................... 00700 - 16 5.07 Waiver of Rights ................................................. 00700 - 17 5.08 Receipt and Application of Insurance Proceeds .............................. 00700 - 18 ' 5.09 Acceptance of Bonds and Insurance; Option to Replace .......... . . 00700 - 18 5.10 Partial Utilization, Acknowledgment of Property Insurer ......... . . . . . . . . . . . . . 00700-18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ................................... 00700-18 6.01 Supervision and Superintendence ....................................... 00700 - 18 ' 6.02 Labor; Working Hours ............................................. 00700 - 19 6.03 Services, Materials, and Equipment ..................................... 00700 - 19 6.04 Progress Schedule................................................007()() - 19 ' 6.05 Substitutes and "Or Equals" .......................................... 00700 - 19 6.06 Concerning Subcontractors, Suppliers, and Others ............................ 00700-20 6.07 Patent Fees and Royalties ........................................... 00700 - 21 6.08 Permits ............................ ........................... 00700-21 ' 6.09 Laws and Regulations .............................................. 00700 - 22 6.10 Taxes ................................... ............00700-22 6.11 Use of Site and Other Areas .......................................... 00700 - 22 ' 6.12 Record Documents ........... .. ........ ...................... 00700 - 22 6.13 Safety and Protection . 00700 - 23 6.14 Safety Representative..............................................0070 - 23 6.15 Hazard Communication Programs ....................................... 00700 -23 00700-3 1 I 6.16 Emergencies.................................................... 00700 -23 ' 6.17. Shop Drawings and Samples .......................................... 00700 - 23 6.18 Continuing the Work ............................................... 00700 - 24 E . •6.19 CONTRACTOR's General Warrantyand Guarantee ••.• 00700-25 ' 6.20 Indemnification.................................................. 00700 - 25 ARTICLE 7 - OTHER WORK ................................................... 00700 - 26 7.01 Related Work at Site ............................................... 00700 -26 7.02 . coordination................................ 00700 - 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ........................................ 00700 - 26 8.01 Communications to Contractor........................................00700 - 26 8.02 Replacement of ENGINEER .......................................... 00700 - 26 8.03 Furnish Data........................................04)704) - 26 8.04 Pay Promptly When Due.................................00700 - 26 8.05 Lands and Easements; Reports and Tests ................................. 00700-26 8.06 Insurance ................ ..................... ................00700-27 8.07 Change Orders .................................................. 00700 - 27 8.08 Inspections, Tests, and Approvals......................................00700 - 27 8.09 Limitations on OWNER'S Responsibilities ................................. 00700-27 8.10 Undisclosed Hazardous Environmental Condition ............................ 00700-27 8.11 Evidence of Financial Arrangements ..................................... 00700 -27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................... 00700 - 27 9.01 OWNER'S Representative ........................................... 00700-27 9.02 Visits to Site .................................................... 00700 - 27 9.03 Project Representative.............................................00700 - 27 9.04 Clarifications and Interpretations..............................00700 - 28 9.05 Authorized Variations in Work........................................00700 - 28 9.06 Rejecting Defective Work ............................................ 00700 - 28 �. 9.07 Shop Drawings, Change Orders and Payments .............................. 00700 - 28 r' y 9.08 Determinations for Unit Price Work.....................................00700 - 28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......... 00700 - 28 9.10 Limitations on ENGINEER's Authority and Responsibilities ..................... 00700-28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................... 00700 - 29 10.01 Authorized Changes in the Work ....................................... 00700 - 29 10.02 Unauthorized Changes in the Work.....................................00700 - 29 10.03 Execution of Change Orders ............ ................... 00700 - 29 ........... 10.04 Notification to Surety .............................................. 00700 - 29 10.05 Claims and Disputes' ............................................... 00700 - 30 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .............. 00700-30 , 11.01 Cost of the Work ................................................. 00700 - 30 11.02 Cash Allowances ................................................. 0071)0-32 11.03 Unit Price Work ................................................. 00700 - 32 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .............0070� - 33 12.01 Change of Contract Price...........................................00700 - 33 12.02 Change of Contract Times ........................................... 00700 - 33 12.03 Delays Beyond CONTRACTOR's Control ................................. 00700 - 33 12.04 Delays Within CONTRACTOR's Control .................................. 00700 - 34 12.05 Delays Beyond OWNER's and CONTRACTOR's Control ........................ 00700 - 34 12.06 Delay Damages .................................................. 00700 - 34 ' ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK...............................................00700-34 13.01 Notice of Defects ................................................ 00700 -34 ' 13.02 Access to Work ................................................. 00700 - 34 13.03 Tests and Inspections .............................................. 04J7()()-34 13.04 Uncovering Work ................................................. 00700 -35 13.05 OWNER May Stop the Work .......................................... 00700 - 35 13.06 Correction or Removal of Defective Work ................................. 00700 - 35 00700-4 ' 13.07 Correction Period ................................................00700-35 13.08 Acceptance of Defective Work ......................................... 00700 - 36 13.09 OWNER May Correct Defective Work .................................... 00700 - 36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................ 00700-36 14.01 Schedule of Values ................................................ 00700 -36 I 14.02 Progress Payments ................................................ 00700 - 37 14.03 CONTR4CTOR's Warranty of Title ..................................... 00700 - 38 14.04 Substantial Completion ............................................. 00700 - 38 14.05 Partial Utilization ......................... 00700 - 39 ....................... 14.06 Final Inspection ................................................. 00700 -39 14.07 Final Payment .................................................. 00700 -39 14.08 Final Completion Delayed ........................................... 00700 - 40 14.09 Waiver of Claims ................................................. 00700 -40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................ 00700 - 40 15.01 OWNER May Suspend Work .......................................... 00700 - 40 ' 15.02 OWNER May Terminate for Cause ...................................... 00700 - 40 15.03 OWNER May Terminate For Convenience ................................. 00700 - 41 15.04 CONTRACTOR May Stop Work or Terminate ............................... 00700 - 41 ' ARTICLE 16 - DISPUTE RESOLUTION ............................................ 00700 - 41 16.01 Methods and Procedures............................................00700 - 41 ARTICLE 17- MISCELLANEOUS ........ ..................... ...................007 (J0 -42 17.01 Giving Notice ............................................ 00700 - 42 ' 17.02 Computation of Times .............................................. 00700 - 42 17.03 Cumulative Remedies .............................................. 00700 -42 17.04 Survival of Obligations ............................................. 00700 - 42 17.05 Controlling Law ................................................. 00700 - 42 1 I C I I I I I I 00700-5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment --The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 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. 5. Bid —The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order --A document recommended by ENGINEER 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. 10. Claim --A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract --The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents --The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. 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 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 1 1 •1 1 1 1 1 00700-6 ' I I I I H 1l C I r I F I H I 16. Cost of the Work --See paragraph 11.01.A for definition. 17. Drawings —That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. 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. 19. ENGINEER --The individual or entity named as such in the Agreement. 20. ENGINEER's Consultant —An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21. Field Order --A written order issued by ENGI- NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements —Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. 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. 25. 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. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OW.'VER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. 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. 32. PCBs --Polychlorinated biphenyls. 33. 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 Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. 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. 37. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. I 38. 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. 39. Shop Drawings --All drawings, diagrams, illustra- tions, schedules, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive 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. 50. Written Amendment --A written statement modifying 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 Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination 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 •1 I 00700-8 ' I I 1 1 1 use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents 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 ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 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. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTR4CTOR's Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 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. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence of Insurance: 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 Conditions, 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 Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR 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 acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Docu- ments or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Regulations Codes, Laws, and ' 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), 00700-10 C I I I Ti I1 H H I H I I H H I I Li except as may be otherwise specifically stated in the 3.04 Amending and Supplementing Contract Documents Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction 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 performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or dis- crepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, 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: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifi- cally incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations 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). A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarification. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 00700- 11 I B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current 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 or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- ments; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited. Reliance by CONTRACTOR on Technical Data Authorized: 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 Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports •or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents: or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized 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 the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 00700-12 C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, perfor- mance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and b. 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 9.08 and 11.03. 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 I I I I I L I I L L L L I I I n L 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. 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 b. the existence of such condition could reasonably 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 CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or 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) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 , Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, 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 required by paragraph 6.16.A), 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 or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR 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 entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property 00700-13 monuments, and shall make no changes or relocations without the prior • written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports. and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by . the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: 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 Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition 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. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors,' Suppliers, or anyone else for whom CON- TRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immedi- ately: (1) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR 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 on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such 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 the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment 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 paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall. indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors 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) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing 00700-14 I I H I I I L I I C H I Li LI L in this paragraph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors 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) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. 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 Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents 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 Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.E and 5.02. 5.02 Licensed Sureties and Insurers A. 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 jurisdiction 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 provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. 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. 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 additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed. by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 00700-15 1 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: (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. 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 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. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under para- graphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, 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 Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. 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 Supple- mentary Conditions, 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). 5.05 OWNER's Liability Insurance A. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.04, 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. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance 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: 1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identi- fied in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 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, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: 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 or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); H r H H H H ri H 00700-16 Li I I 11 CI I .1 I I I C I II I I 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 Application for Payment recommended by ENGINEER; 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certifi- cate of insurance has been issued. B. 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 individuals 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. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with paragraph 5.06 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 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 5.07. D. OWNER shall not be responsible for purchasing and maintaining any property insurance specified in this paragraph 5.06 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 identified deductible amount will be borne by CONTRACTOR. Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, OWNER shall, if possible, 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. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss 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 CONTRAC- TOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss 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 individuals or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) 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. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical 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 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after Substantial Completion CI 00700-17 pursuant to paragraph 14.04, or after final payment pursuant to paragraph 14.07. C. Any insurance policy maintained by OWNER cover- ing any loss, damage or consequential loss referred to in paragraph 5.07.8 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 CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER's Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.o8.B. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. B. 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 15 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. 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either 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 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorse- ment on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. 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 Contract 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 OWNER or ENGINEER 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 accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. I H I I I I L L 1 I L L LI I J I Li 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. CON- TRACTOR shall at all times maintain good discipline and order at the Site. B. 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 stated 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 performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Docu- ments. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable YlcrCto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.05 Substitutes and "Or -Equals" A. 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, appearance, 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 equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circum- stances described below. 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently 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 approval of proposed substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2.. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under 00700-19 1 paragraph 6.05.A. I, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. C. The procedure for review by ENGINEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d.. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item 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 use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item 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 item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the pro- posed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indi- rectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the pro- posed substitute item. B. 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 approved by ENGI- NEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proce- dure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.8 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 approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or 00700-20 1 1 1 1 1 I I I I I I H H H I I H entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER'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 Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CON- TRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the differ- ence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR 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 individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcon- tractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGI- NEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor 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 Documents 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 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss 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, CONTRAC-. TOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or 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) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits ' 00700-21 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. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR 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 (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 cost's) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. 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 arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultant, and the officers, directors, partners, 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) arising out of or relating to 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. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall con- form to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work 00700-22 C .1 I I I I I I L I I H H H I I Ti H Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER.for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other 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 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CON- TRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform 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 Con- sultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity 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 paragraph 14.07.E that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. 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 accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR 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 or are required as a result thereof. 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. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. 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 quantities, dimen- sions, specified performance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample 00700 - 23 submittals. 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 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construc- tion and safety precautions and programs incident thereto; and d. 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 Docu- ments. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CONTRACTOR shall give ENGINEER specific written notice of such variations, 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 com- munication 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. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. 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. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly 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. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the require- ments of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.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 6.17. D.I. F. Resubmittal Procedures 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER on previous submittals. 6.18 Continuing the Work A. 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 pending resolution of any disputes or disagreements, except I I I I I I I I H L.1 H I H 00700-24 , I II I I I H I LI 1 1 1 1 1 1 as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and wilt not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1. observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. I6.20 Indemnification fl I A. 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, partners, employees, agents, and other consultants and subcontractors 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) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. 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 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indem- nified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A 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 individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. 00700-25 L ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to CON TRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. 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 other 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 coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CON- TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If 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 to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations [':.wo A l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. ' 8.06 Insurance IA. OWNER's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as ' indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspec- tions, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have 1 control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CON- TRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be • responsible for CONTRACTOR's failure to perform the 1 Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. I8.11 Evidence of Financial Arrangements IA. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements 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. I I ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER 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 CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site 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 observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR'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 performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive 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 9.10 and in the Supplementary Conditions. If OWNER designates another 00700-27 representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may deter- mine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and, CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. 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 and CONTRAC- TOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or 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 inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER'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 (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. 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, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, 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 this paragraph 9.09 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 14.07) 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. 9.10 Limitations on ENGINEER's Authority and Respon- sihiliries A. Neither ENGINEER's authority or responsibility 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 1 1 1 1 1 H 00700-28 ' Li I I H H I I I I II I I I I or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR'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 performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A 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 Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. 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 by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. 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, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under para- graph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6. 18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract 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 responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 00700 - 29 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.8. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.8. Each Claim shall be accompanied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing parry, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, 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 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), 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. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.9, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing parry, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. 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 11.01.13. 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 limitation superintendents, foremen, and other personnel employed 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, unem- ployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. II c 1 1 1 1 00700-30 I IT I I I H L 1 L C I C' I iH I I 3. Payments made by CONTRACTOR to Subconrac:ors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. 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 this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facili- ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- lations. ' e. 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. f. 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 perfor- mance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and 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. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 00700-31 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general manag- ers, engineers, architects, estimators, attorneys, audi- tors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or 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.o1.A.1 or specifically covered by paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 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 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allow - antes 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. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agree- ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and I I I I I I I 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes 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. I I I 00700 -32 L ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ' 12.01 Change of Contract Price LI I C H H I C I I I LI A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accor- dance with the provisions of paragraph 10.05. B. 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: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 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 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agree- ment to a lump sum is not reached under paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 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: a. for costs incurred under paragraphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.0I.A.3, the CONTRACTOR's fee shall be five percent; c. 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 paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.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; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.0I.A.5, and 11.01.8; e. the amount of credit to be allowed by CONTRACTOR 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 f. when both additions and credits are in- volved in any one change, the. adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with para- graphs 12.01.C.2.a through 12.01.C.2.e, inclu- sive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, 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 12.02.A. 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 00700-33 ' H Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. 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. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or 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: 1. delays caused by or within the control of CON TRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and 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. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice 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. B. 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: r.. 1. for inspections, tests, or approvals covered by paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.8 shall be paid as provided in said paragraph 13.04.B; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or. Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative 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. D. CONTRACTOR shall be responsible for arranging 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 acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. I C IL I C I H H C C Li Li C I 00700-34 ' L1 I Ti I I I I I I I J II t E. 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 requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CON- TRACTOR. has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, 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 (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) arising out of or relating to 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. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. 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 attribut- able to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay 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) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfac- torily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas 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 repaired or may have the rejected Work removed and replaced, and 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) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that 00700-35 item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. i C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay 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) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. 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, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. 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 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, con- stmction equipment and machinery at the Site, and incorpo- rate 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 contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. 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) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, 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. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. 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 OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and 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 completed. 1 1 1 1 00700-36 I. I H I I I C I C L H H I I Li Li 14.02 Progress Payments A. p Citations for Payments 1. At least 20 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 PaymentS 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 equipment 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 docu- mentation 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 or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to pro- gress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 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 indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design profession- al and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: 00700-37 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. 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. 3. By recommending any such payment ENGI- NEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections 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 CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recom- mending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CON- TRACTOR's failure to comply with Laws and Regu- lations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or foe what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representa- tions to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, H revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in para- graph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recom- mendation, the amount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or fur- nishing of the Work; b. 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; c. there are other items entitling OWNER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the • amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRAC- TOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. 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. 14.04 Substantial Completion A. 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 CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly 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 substantially 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 Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. 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 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Comple- tion ENGINEER will deliver to OWNER and CONTRAC- TOR a written recommendation as to division of responsibili- 00700 - 38 1l 1 1 1 1 1 I I Li II I I ties pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, 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. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization IA. Use by OWNER at OWNER's option of any substantially completed part of the Work which has .specifically been identified in the Contract Documents, or ' which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. L H I I I I 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 CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 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. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all main- tenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. H B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER'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 for Payment 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 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CON- TRACTOR shall make the necessary corrections, and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying docu- mentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWN- ER to CONTRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion 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 ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CON- TRACTOR to ENGINEER with the Application 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. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRACTOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate I 1 1 1 1 1 1 1 00700-40 I. I G H H I I I I I I I I I the services of CONTRACTOR, exclude CONTRACTOR from the Site; and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds 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) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated 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. 15.03 OWNER May Terminate For Convenience A. 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 Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 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 Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for 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) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. 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. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 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 Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGI- NEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 00700-41 ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto 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. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 1 1 1 1 I I I LIST OF SUBJECTS Section 00800 SUPPLEMENTARY CONDITIONS SC -1.01 Defined Terms SC -2.02 Copies of Documents SC -2.05.B Preliminary Schedules: • SC -2.05.C Evidence of Insurance: SC -4.02 Subsurface and Physical Conditions SC -4.04 Underground Facilities SC -5.01 Performance, Payment, and Other Bonds ' SC -5.02 Licensed Sureties and Insurers SC -5.03 Certificates of Insurance SC -5.04 CONTRACTOR'S Liability Insurance '• SC -5.04.B.1 Identification of Additional Insureds SC -5.04.B.5 Notice of Cancellation of Liability Insurance SC -5.05 OWNER'S Liability Insurance SC -5.06 Property Insurance SC -5.08 Receipt and Application of Insurance Proceeds SC -6.04 Progress Schedules '• SC -6.08 Permits SC -6.19 CONTRACTOR's General Warranty and Guarantee SC -7.01 Related Work at the Site SC -7.03 Separate Contractor Claim SC -8.06 Insurance SC -9.03 Project Representative 'SC -10.06 Authority for Changes in the Work SC -11.03 Unit Price Work ' SC -12.03 Delays Beyond CONTRACTOR'S Control SC -14.02 Progress Payments SC -14.02.B Review of Applications ' SC -14.02.C Payment Becomes Due SC -14.04 Substantial Completion SC -14.05 Partial Utilization ' SC -16.01 Methods and Procedures Exhibit GC -A Dispute Resolution Agreement I I I I 00800(1) J:\ProjectsU997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00800.doc City of Fayetteville I Li I I I These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC No. 1910-8, 1996 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. Paragraph numbers in these Supplementary Conditions correspond to the paragraph numbers in the General Conditions, except with the designation "SC". SC -1.01 Defined Terms The terms used in the Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) have the meanings assigned to them in the General Conditions. In addition to the provisions of paragraph 1.01, the following supplemental definitions apply: "1.01.30. "OWNER" shall mean the City Of Fayetteville, Arkansas, acting through its duly authorized representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701." Add the following definitions to paragraph 1.01 of the General Conditions: ' "1.01.51. "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. 1.01.52. "Advertisement" shall mean the legal publications pertaining to the work of this contract. I H H I J Li C 1.01.53. "Plans" shall mean, collectively, all of the Drawings pertaining to the contract and made a part thereof, and also such supplementary drawings as 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 General Requirements, or for the showing of details which are not shown thereon. 1.01.54. "Grade" shall mean and indicate the established elevations of the paving, flow lines of sewers and other appurtenances as shown on the Drawings." SC -2.02 Copies of Documents Delete paragraph 2.02.A of the General Conditions in its entirety and insert the following in its place: "A. ENGINEER shall furnish to CONTRACTOR six (6) bound copies of the Agreement and other Contract Documents, the Bond or Bonds properly executed. CONTRACTOR shall execute the Agreement and submit all copies to the OWNER for execution. The date of contract on the Agreement, Bond forms, and power of attorney shall be left blank for filling in by OWNER. These documents will be dated the day the OWNER executes the contract. OWNER shall furnish to CONTRACTOR up to four (4) 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." 00800 (2) 1:\Projects\ 1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00800.doc City of Fayetteville I I I H I I I I SC -2.05.B. Preliminary Schedules: Add the following to the end of paragraph 2.05.B.3 of the General Conditions: Additional subdivision of unit price or lump sum items, as shown in the Bid Form, shall be made as reasonably requested by ENGINEER or as required to verify progress payments for Unit Price Work that will take place over several progress periods." SC -2.05.C. Evidence of Insurance: Delete all references to OWNER supplied and OWNER delivered insurance. SC -4.02 Subsurface and Physical Conditions Some subsurface investigation has been conducted within the project site area, and ENGINEER has used some of the technical data related to subsurface and physical conditions in the preparation of f Drawings and Specifications. SC -4.04 Underground Facilities ' Add a new paragraph 4.04.B.3 immediately following paragraph 4.04.B.2 of the General Conditions which shall read as follows: H "3. Paragraphs 4.04.B.1 and 4.04.B.2 do not apply to Underground Facilities that are being relocated by others as part of the Project. OWNER does not control the schedule of the owners of those Underground Facilities, and cannot determine whether those Underground Facilities will be relocated prior to, simultaneous to, or after the Work under these Contract Documents. CONTRACTOR shall advise ENGINEER of Underground Facilities have been relocated, but may not make a claim for changes in the Contract Price or Contract Times as a result of any such relocation. If the relocation of Underground Facilities presents an obstacle to the Work continuing, CONTRACTOR shall inform OWNER and ENGINEER of the obstacle, and ENGINEER will determine if a change in the Work is required. If the change in the Work results in a change in the quantity of Unit Price Work, CONTRACTOR will be paid for the actual Unit Price Work installed." ' SC -5.01 Performance, Payment and Other Bonds Delete paragraph 5.01.C of the General Conditions in its entirety and insert the following new paragraph in its place: ' "C. 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 ' 00800(3) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00800.doc City of Fayetteville I I I I I I H H H H H H El I C r H 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 CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have famished an acceptable Bond to the OWNER." Add the following new paragraphs immediately after paragraph 5.01.C of the General Conditions which read as follows: "D. Resident Agent: 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. E. Additionallnformation: CONTRACTOR shall provide the Bonds as described in these sections within ten (10) days after the receipt of a Notice of Selection. For contracts in excess of $100,000 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, but less than $1,000,000 - "B+" rating or higher and contract amount may not exceed 2.0 percent of the policyholder's surplus. (2) contracts in excess of $1,000,000 - "A" rating or higher and contracts may not exceed 2.0 percent of the policyholder's surplus. The expense of all Bonds shall be borne by CONTRACTOR." SC -5.02 Licensed Sureties and Insurers Add the following new paragraphs immediately after paragraph 5.02.A of the General Conditions which read as follows: "B. 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. C. 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." 00800(4) J:\P'ojects\1997\976070 (Sycamore)\Spccs\Resubmittal-3-99\Fmnt End\00800.doc City of Fayetteville I ISC -5.03 Certificates of Insurance ' Delete the second sentence of paragraph 5.03.A ("OWNER shall deliver to Contractor...") in its entirety. SC -5.04 CONTRACTOR's Liability Insurance The limits for liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Workers Compensation, etc. under paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions: I) State: Statutory 2) Applicable Federal: Statutory 3) Employer's Liability: $100,000.00 each occurrence Comprehensive General Liability Insurance, under paragraphs 5.04.A.3 through 5.04.A.5 of the General Conditions: $1,000,000.00 Combined Single Limit I I I I I J I I L L 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 under paragraph 5.04.A.6 of the General Conditions: (1) Bodily Injury: $1,000,000.00 $2,000,000.00 Property Damage: $500,000.00 or Each person Each occurrence Each occurrence (2) a combined single limit of $2,000,000.00. SC -5.04.B.1. Identification of Additional Insureds Additional insureds with respect to insurance required by paragraph 5.04 of the General Conditions shall include: the City of Fayetteville, Arkansas and Garver Engineers (OWNER and ENGINEER). 00800 (5) J:\Projects\ 1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00800.doc City of Fayetteville H I I I I I H H L SC -5.04.B.5. Notice of Cancellation of Liability Insurance Add the following language at the end of paragraph 5.04.B.5 of the General Conditions: "any wording such as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the [insurance] Company" shall be deleted from the policies and insurance certificates." SC -5.05 OWNER's Liability Insurance Delete paragraph 5.05 of the General Conditions in its entirety and insert the following in its place: "5.05 OWNER s' and ENGINEER's Contingent Protective Liability Insurance A. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all losses and claims, demands, payments, suits, actions, recoveries,. judgments of every nature and description brought or recovered against them by reason of omission or act of CONTRACTOR, his agent(s), employees, Subcontractor, Supplier, 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. CONTRACTOR shall obtain in the name of 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 OWNER and ENGINEER from contingent liability under this contract. ISC -5.06 Property Insurance I I I C Delete paragraph 5.06.A of the General Conditions in its entirety and insert the following in its place: "A. 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 the 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 the 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 5.06 will contain a provision 00800 (6) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00800.doc I City of Fayetteville H 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 5.07.B." Delete paragraph 5.06.B of the General Conditions in its entirety and insert the following in its place: "B. CONTRACTOR shall protect 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 CONTRACTOR to protect OWNER against all losses, CONTRACTOR shall be responsible for the determination of and procurement of any additional insurance needed." Delete paragraph 5.06.C of the General Conditions in its entirety and insert the following in its place: ' "C. Policies shall also specify that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to OWNER or 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 policies and certificates." Delete paragraph 5.06.E of the General Conditions in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds ' Delete paragraph 5.08 of the General Conditions in its entirety. ' SC -6.04 Progress Schedules Add a new paragraph 6.04.A.3 immediately following paragraph 6.04.A.2 of the General Conditions ' which shall read as follows: "3. An updated schedule, in the format specified in the Specifications, shall be required with each ' submittal for progress payment by CONTRACTOR. Failure to provide an accurate schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to CONTRACTOR." I I I I I SC -6.08 Permits Add a new paragraph 6.08.B immediately after paragraph 6.08.A of the General Conditions which shall read as follows: "B. CONTRACTOR shall obtain, and maintain on the job -site, an NPDES Storm Water Discharge Permit, if needed, from the NPDES Branch of the Water Division of the Arkansas Department of Environmental Quality (ADEQ). CONTRACTOR shall request the necessary forms and instructions by writing to the following address: 00800(7) J:\Projects\ 1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00800.doc City of Fayetteville I IADEQ 8001 National Drive ' P.O. Box 8913 Little Rock, Arkansas 72219-8913 (501) 682-0744 ' SC -6.19 CONTRACTOR's General Warranty and Guarantee I I L IJ I J Li L Add a new paragraph 6.19.C immediately after paragraph 6.19.B of the General Conditions which shall read as follows: "C. For a period of two (2) years, or longer if specified by special guarantees or by law, CONTRACTOR shall at the CONTRACTOR's expense make all repairs and replacements necessitated by defects in the materials, workmanship or prosecution of the Work under this contract, and pay for any damage to other works or property resulting from such defects. 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 two (2) 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 paragraph 14.07.B, Review of Application and Acceptance, or the date of Substantial Completion as specified in paragraph 14.04. CONTRACTOR shall make all repairs or replacements promptly upon receipt of written order for the repairs or replacements from OWNER. If the CONTRACTOR fails to make the repairs or replacements promptly, OWNER may perform the work and the CONTRACTOR and the CONTRACTOR's Surety shall be liable for all costs thereof" SC -7.01 Related Work at the Site Delete paragraph 7.01.A of the General Conditions in its entirety and insert the following in its place: "A. The Work is part of a Capital Improvements Program. As a result of the City's proposed improvements, additional right-of-way and/or easements may or may not be obtained by the City. Some utilities in the area may have to undertake various relocation and demolition in the Project area. Known utilities being required to relocate are water and some sewer. The known scope of each of these is indicated in the Summary of Work. However, OWNER and ENGINEER do not have all information concerning the proposed relocations of other utilities, nor is the proposed schedule for relocating these utilities known. Also, OWNER and ENGINEER cannot be certain that each and every utility requiring relocation has been identified as to type and owner. It is likely that conditions at the site could vary according to work done by other utility owners prior to the start of the Work under these Contract Documents. CONTRACTOR shall have no right to make a claim for changes in the Contract Price or Contract Time as a result of the work of other utility owners being done by those owners as a result of this Project, other than the right for additional quantities of Unit Price Work, if applicable." Delete the first sentence of paragraph 7.01.B of the General Conditions and insert the following sentence in its place: 00800(8) J:\Projects\1997\976070 (Sycanwm)\Specs\Resubmittal-3-99\Fmnt End\00800.doc City of Fayetteville I I "B. CONTRACTOR shall afford each utility owner and 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." Delete the last sentence of paragraph 7.01.B of the General Conditions in its entirety. H I I H H I FIB I H I I I I C SC -7.03 Separate Contractor Claim Add a new paragraph 7.03 immediately after paragraph 7.02 of the General Conditions which shall read as follows: "7.03 Separate Contractor Claim A. 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 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 to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor (or separate party). This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective contractual responsibilities." SC -8.06 Insurance Delete paragraph 8.06 of the General Conditions in its entirety. 00800(9) J:\Projccts\I997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00800.doc City of Fayettcville I SC -9.03 Project Representative ' Paragraph 9.03 of the General Conditions is herein modified to include the furnishing of a Resident Project Representative by ENGINEER. The responsibilities and authority and limitations thereon of the Resident Project Representative are as provided in paragraph 9.10 of the General Conditions. ' SC -10.06 Authority for Changes in the Work Add a new paragraph 10.06 immediately following paragraph 10.05 of the General Conditions to read: "10.06 Authority for Changes in the Work IA. CONTRACTOR shall note and abide by the following limits of authority of OWNER and ENGINEER for changes in the Work which require a change in the Contract Price or Contract time. Except in the case of extreme emergency to protect public safety, public welfare or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall apply: Engineer's Representative - No authority. ' Engineer - No authority. Mayor - $20,000.00 (Accumulative). ' All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall require the formal approval of the Fayetteville City Council." I SC-11.03 Unit Price Work ' Paragraph 11.03.C of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: ' "C. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: I I I I I. 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 2. if there is no corresponding adjustment with respect to any other item of Work; and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or 4. if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price; then 00800(10) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Fmnt End\00800.doc City of Fayetteville I I I I I I I I L 5. either OWNER or CONTRACTOR may make a claim for an 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 of any such variations in the quantity of Unit Price Work performed." SC -12.03 Delays Beyond CONTRACTOR's Control Delete the words "abnormal weather conditions" from the second sentence of paragraph 12.03.A of the General Conditions, and add the following sentences at the end of paragraph 12.03.A: "Contractor will be allowed delays for weather conditions, based on the concurrence of Contractor and Owner or Engineer, for two circumstances: 1) isolated inclement weather, wherein the project site is determined to be unworkable for days of precipitation and days following for short times between otherwise good weather; and 2) sustained inclement weather, wherein the project site is determined to be unworkable for a sustained period of time, such as the winter months, with only an occasional working day within the sustained unworkable conditions. If Contractor believes either condition applies, a request shall be made to Engineer or Owner for a site meeting and a joint determination of the site conditions and approval of the delay. Engineer will catalog these approved delays, and will incorporate them into a Change Order for signature of Owner and Contractor." ' SC -14.02 Progress Payments L L L I J I I Paragraph 14.02.A of the General Conditions is hereby deleted in its entirety and the following substituted in its place: "A. Applications for Payments 1. Monthly estimates will be prepared to include all work accomplished for the period ending the third Friday of each month, or 2. Progress payments will be prepared at regular intervals, as scheduled by joint consent of CONTRACTOR and ENGINEER at the pre -construction conference. 3. 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. CONTRACTOR shall furnish to ENGINEER such detailed information including invoices from material suppliers as ENGINEER may request to aid in the preparation of the progress payment estimate. All payment requests are subject to retainage as indicated in the Agreement. If OWNER or ENGINEER shall at any time fail to make CONTRACTOR a monthly estimate at the time herein specified, such failure shall not be held to violate or void the contract. Note that the failure of CONTRACTOR to provide an accurate and current schedule update shall be reason to reject CONTRACTOR'S request for progress payment. 00800 (11) J:\Projects\l 997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00800.doc City of Fayetteville I I I H H H H 4. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. 5. The amount of retainage with respect to progress payments will be as stipulated in the Agreement." SC -14.02.B. Review of Applications Insert the following new paragraphs 14.02.B.5.c and 14.02.B.5.d to paragraph 14.02.B.5 of the General Conditions, as additional reasons for ENGINEER to reduce CONTRACTOR's request for progress payment, and renumber paragraphs 14.02.B.5.c and 14.02.B.5.d as 14.02.B.5.e and 14.02.B.5.f: "c. liability for liquidated damages has been incurred by CONTRACTOR; d. CONTRACTOR has failed to maintain record documents as required by paragraph 6.12;" SC -14.02.C. Payment Becomes Due Delete paragraph 14.02.C.1 of the General Conditions and replace with the following: ' "1. After the required internal reviews and processing by OWNER, OWNER will diligently proceed to make payment to 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 OWNER cannot guarantee the 30 days maximum time." ' SC -14.04 Substantial Completion I IH I I I The following shall be added at the end of paragraph 14.04.A of the General Conditions: "The Work will be considered substantially complete when the following work items are complete and ready for continuous use by the OWNER: Improvements allow for the proposed (final) vehicular and pedestrian traffic movements, as represented in the Plans. All drainage structures have been properly constructed, inspected and approved for use. All pavement work has been completed, along with appurtenant items such as curb & gutter, sidewalks, striping, and signage. 00800(12) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00800.doc City of Fayetteville II I GI I I r I C C I CI I I C CONTRACTOR has essentially completed the record documents required by paragraph 6.12, and, in ENGINEER's judgment, these are accurate and complete and will be ready for delivery to OWNER prior to Final Payment being made. The following items need not be completed for the Work to be considered substantially complete: Final cleanup of project area and final dressing of grassy/earthen areas behind curbs. Determination of quality of growth resulting from sodding, seeding and mulching. Other minor items identified for correction on the final punchlist." SC -14.05 Partial Utilization Insert the following new paragraphs 14.05.A.2 and 14.05.A.3 in the General Conditions, and renumber existing paragraph 14.05.A.2 as 14.05.A.4: "2. Any portions of the work may be considered substantially complete, prior to the entire project being substantially complete, if the OWNER may take over continuous operation of that part of the Work. Such part of the Work shall only be considered by ENGINEER for partial utilization if no further connections must be made to it, and no further interruptions in service due to other parts of the Work can reasonably be anticipated. 3. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected before final payment. ENGINEER will furnish OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work." SC -16.01 Methods and Procedures Add a new paragraph 16.01.B immediately following paragraph 16.01.A of the General Conditions which shall read as follows: 00800(13) J:\Projects\ 1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00800.doc City of Fayetteville n "B. The OWNER and CONTRACTOR agree that the methods and procedures for resolving disputes between them that may arise under this Agreement shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement,' attached hereto and made a part hereof. EXHIBIT GC -A to General Conditions of the ' Agreement Between OWNER and CONTRACTOR For use with EJCDC No. 1910-8 (1996 ed.) ' DISPUTE RESOL UTION A GREEMENT I OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have ' been waived by the making or acceptance of final payment as provided by paragraph 14.09) will be decided by arbitration in accordance with the Construction industry Arbitration Rules of the American ' Arbitration Association then obtaining, subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having ' jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred Ito ENGINEER initially for decision in accordance with paragraph 9.09 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ' ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.09; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, ' such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.08 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.08. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question ' would be barred by the applicable statute of limitations. 00800(14) 1:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00800.doc City of Fayetteville I I 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's Consultant and the officers, directors, agents, employees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially involved in a question of law or fact which is ' common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. I16.5. Notwithstanding paragraph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the Work of a Subcontractor, either OWNER or ' CONTRACTOR may join such Subcontractor asa party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.06.G a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontractor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment maybe entered upon it in any court having jurisdiction thereof, and it will not be subject to modification or appeal. 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by The American Arbitration As- sociation under the Construction industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitration would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shah remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. End of Section 00800 00800(15) JAProjects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\00800.doc City of Fayettevillc I Li I I Section 01010 SUMMARY OF WORK Part 1- GENERAL 1.1 SECTION INCLUDES ' A. Project Scope B. Work by Others ' C. Work Sequence ID. Contractor Use of Premises C H 1.2 CONTRACT SCOPE A. Demolition of concrete curb and gutter and drainage structures, asphalt pavement and sidewalk, trees and other various items; construction of asphalt pavement with associated earthwork and base material; construction of concrete curb and gutter, concrete sidewalk, and concrete access ramps; construction of reinforced box culvert with wingwalls, reinforced concrete pipe, drainage ditches and other drainage structures; construction of pavement markings, signage and all items indicated in the Drawings and Specifications. wavr.ni;f:SLll11ta1 i9 A. Southwestern Bell will need to relocate underground telephone lines and above ground telephone pedestals. Southwestern Bell's schedule for completing this work is unknown at this time. B. SWEPCO will need to relocate some power poles and overhead electric power cables within the project site. SWEPCO's schedule for completing this work is unknown at this time. IC. Arkansas Western Gas will need to relocate a 6" gas main and a 2" service line. Arkansas Western Gas's relocation shall be completed prior the execution of this contract. ID. TCA Cable will need to relocate underground television lines within the project site. TCA Cable's schedule for completing this work is unknown at this time. ' E. The City of Fayetteville will need to relocate an existing traffic signal pole and traffic sensors in the roadway surface. This work shall be coordinated with the Contractor. The contact person for the City of Fayetteville is Mr. Perry Franklin. The Contractor shall provide all traffic control to facilitate the work done by the City. ' 01010(1) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01010.doc City of Fayetteville 1.4 CONTRACTOR'S USE OF PREMISES I A. Contractor will be limited to the areas obtained as rights -of -way or easements within the project. B. Contractor may obtain additional construction easements from property owners for Contractor's convenience. C. No work shall begin until all agency approvals, easements, and required permits are obtained. Note that work on this project takes place within the City of Fayetteville. The Contractor shall comply with all facets of the City's drainage ordinance. The Contractor shall comply with the requirements of the Federal Clean Water Act and the Arkansas Water and Air Pollution Control Act 472. In case of conflict between these regulations, orders, or decrees and other provisions, the restrictive requirements shall apply. The National Pollutant Discharge Elimination System (NPDES) requires a permit to discharge storm water associated with industrial activity of construction sites into the waters of the United States. The Arkansas Department of Environmental Quality (ADEQ) issues the permits. The Contractor shall furnish the Engineer a copy of the Notice of Intent. 1.5 WORK SEQUENCE ' A. Identify and locate all underground and above ground utilities in the project area. Determine the elevations of these lines at any conflict area. Use the local datum provided by the City to establish elevations. Submit these elevations in order that the Engineer may adjust any elevations, and/or gradients if necessary. B. The Contractor shall provide his sequence of construction for the various items that involve either existing and/or potential relocated utilities to the Engineer for his review. This schedule shall have the least negative impact on the adjacent property owners and provide an orderly sequence that will produce the least disruptive action for utilities and their customers. Coordinate with other utilities and/or their contractors to provide orderly sharing of the site and schedule of activities to best continue the progress of the Work. C. Establish schedules and work areas for construction of improvements. Part 2 - PRODUCTS Not Used Part 3 - EXECUTION Not Used End of Section 01010 01010(2) ' 1:\Projects\1997\976070(Sycamore)\Specs\Resubmittal-3-99\Front End\01010.doc City of Fayetteville I I I ' Part 1- GENERAL Section 01025 lu1 Y11:7au'IDieu I\►117'7VIu'Ia1 Y 1.1 SECTION INCLUDES: A. Delineation of measurement and payment criteria applicable to Unit Price Work, whether the unit price items are part of a unit price contract or are part of a Stipulated Price contract. B. Defect assessment and non-payment for rejected work. 1.2 AUTHORITY A. Measurement methods are delineated for each individual bid item, or for a group of similar items, under this section. B. Engineer will take all measurements and compute quantities accordingly. C. Assist by providing necessary equipment, workers, and survey personnel as required. 1.3 UNIT QUANTITIES SPECIFIED A. Quantities and measurements indicated in the Bid Form are for bidding and contract purposes only. Quantities and measurements supplied or placed in the Work and verified by Engineer shall determine payment except those items of work that will be paid based on plan quantities. B. If the actual Work requires more or fewer quantities than those quantities indicated, the Contractor shall provide the required quantities at the unit prices contracted. 1.4 MEASUREMENT OF QUANTITIES A. Measurement by Weight: Items measured by weight will use specified standard handbook weights unless otherwise specified in this section for an individual item. B. Measurement by Volume: Measured by cubic dimension using mean length, width and Iheight or thickness with survey chain or a steel tape. I C. Measurement by Area: Measured by square dimension using mean length and width or radius, with survey chain or steel tape. 1 01025 (1) J:\Projects\1997\976070 (Sycanom)\Specs\Resubmittal•3.99\Front End\01025.doc City of Fayetteville I H H 1.5 1.6 1.7 1.8 D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord, with survey chain or steel tape. E. Individual Item Measurement: Items to be paid for "each" unit furnished and installed shall be counted by Engineer. PAYMENT A. Payment Includes: Full compensation for required labor, products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit. B. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. DEFECT ASSESSMENT A. Replace the Work, or portions of the Work, not conforming to specified requirements. B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, Engineer will direct that the defective Work will be repaired to the satisfaction of Engineer, and the unit price will be adjusted to a new price at the discretion of Engineer. L C I C L H I C. The authority of Engineer to assess the defect and identify payment adjustment is final. NON-PAYMENT FOR REJECTED PRODUCTS A. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from the transporting vehicle. 4. Products placed beyond the lines, levels or boundaries of the required Work. 5. Products remaining on hand after completion of the Work. 6. Loading, hauling and disposing of rejected Products. INCIDENTAL ITEMS A. General - Items indicated as incidental to a particular payment item are considered an integral part of that payment item, and will not be measured or considered in determining payments. B. Safety - Safety is considered as incidental to every payment item, except for excavation safety, which is a separate bid item. 01025(2) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01025.doc City of Fayetteville I CI H I I I jJ C. Testing - Testing of installed work required by the specifications to be completed by Contractor is incidental to any item included in the unit or system being tested. Retesting after corrective action to Work initially found to be defective is incidental to the item. ID. Mobilization - mobilization, clean-up, project closeout, project record documents, and all costs not directly mentioned in this section are considered as incidental to the Work. ' E. Excess Excavation - Excess excavation is generally incidental to the payment item, except where Engineer has indicated that an excavation be expanded due to subsurface conditions. Excess excavation undertaken by Contractor to stabilize the trench bottom t or walls, where dewatering or shoring would be suitable to correct trench conditions, will not be paid. Excess excavation includes backfilling with approved material as specified or as indicated on the Drawings. ' 1.9 PAYMENT ITEMS - See Technical Specifications Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01025 I I I I 01025 (3) 1:\Projccts\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01025.doc City of Fayetteville I I H I I I Section 01027 APPLICATIONS FOR PAYMENT Part 1- GENERAL f6E1461' Ai A. Comply with procedures described in this Section when applying for progress payment and final payment. ' B. Related work: I Li 1. Documents affecting work of this Section include, but are not necessarily limited to, the General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. The Contract Price and the schedule for payments are described in the General Conditions. ' 3. Payments upon Substantial Completion and Final Completion of the Work are described in the General Conditions and in Section 01700 of these Specifications. U U 4. Engineer's approval of applications for progress payment and final payment may be contingent upon Engineer's approval of status of Project Record Documents as described in Section 01700 of these Specifications. 1.2 QUALITY ASSURANCE ' A. Contractor shall base requests for payment on the Unit Price Schedule. 1.3 FORMAT A. Contractor shall submit a request for payment by filling in the agreed data, by typewriter or ' neat lettering in ink, on "Application for Payment" form provided by Engineer, plus continuation sheet or sheets. 1.4 PREPARATION OF APPLICATIONS A. Present required information in typewritten form. ' B. Contractor shall date and sign the Application for Payment in ink. C. List each authorized Change Order as an extension on continuation sheet, listing Change Order number and dollar amount as for an original item work. ' 01027 (1) 1:\Pmjects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Fmnt End\01027.doc City of Fayetteville I 1.5 SUBMITTAL PROCEDURES ' A. Contractor shall submit the original of the Application for Payment, plus two identical copies including continuation sheet(s) to Engineer. B. Engineer shall review submittal and, either: 1. Return the Application for Payment to Contractor indicating in writing the reasons for refusing to recommend payment. Contractor shall re -submit revised Application For Payment. 2. Engineer will sign the Application for Payment and present to Owner for payment. C. Owner shall review Application for Payment and either: 1. Give immediate notice of any portions of the recommended amounts withheld from payment in accordance with the General Conditions paragraphs 14.02.D.1.a through 14.02.D.1.d. 2. Sign Application For Payment and make disbursement to Contractor. D. Engineer will distribute signed copies of Application for Payment to Contractor, Owner and Engineer's file. Additional copies of Application for Payment will be distributed by Engineer to the appropriate funding agency or agencies, if required. 1.6 SUBSTANTIATING DATA A. If payment request is for materials and for equipment, or when Engineer requires substantiating information, Contractor shall also submit copies of invoices or documentation as set forth in paragraph 14.02.A of the General Conditions. B. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. Part2 - PRODUCTS Not used. ' Part 3- EXECUTION Not used. ' 1 End of Section 01027 01027(2) 1:\Projects\1997\976070 (Sycamore)\Spccs\Resubmittal-3-99\Front End\01027.doc City of Fayetteville I I ' Section 01035 MODIFICATION PROCEDURE Part 1- GENERAL 1.1 SUMMARY A. This section describes steps to make changes in the Work, Contract Price, Contract Times, or any combination thereof, as are described in written Change Orders signed by Owner, Contractor, and Engineer and issued after execution of the Agreement, and in other ' instruments of change as described herein in accordance with the provisions of this Section. Section includes: ' 1. Documentation of change in Contract Price and Contract Time. 2. Change procedures. 3. Work Change Directive. 4. Stipulated Price Change Order. 5. Unit price change order. ' 6. Time and material change order. 7. Execution of Change Orders. 8. Correlation of Contractor submittals. B. Related work: Ii. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. ' 2. Changes in the Work are described further in the General Conditions. 3. Section 01027 - Applications for Payment. 4. Section 01700 - Project Record Documents. 1.2 QUALITY ASSURANCE A. Take such measures needed to assure familiarity of Contractor's staff and employees with the procedures outlined in this section for processing Change Order data. B. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. I ' 01035(1) J:\Projects\1997\976070 (Sycanatc)\Specs\Resubmittal-3-99\Front End\01035.doc City of Fayetteville C 1.3 FORMAT A. Change Order Form: EJCDC 1910-8-B. B. Work Change Directive Form: EJCDC 1910-F. C. Field Order Form: Engineer's letter. 1.4 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME ' A. Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from the Work, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.5 FIELD ORDER A. Engineer will authorize, in writing, minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Paragraph 9.05 of the General Conditions by issuing a Field Order. 01035 (2) 1:\Projects\l997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01035.doc H I I H J H H L I 1 City of Fayetteville 1 C ' 1.6 WORK CHANGE DIRECTIVE IA. Engineer may issue a Work Change Directive, signed by Owner, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. ' B. The Work Change Directive will describe changes in the Work, and will designate method of determining any change in Contract Price or Contract Time. C. Promptly execute the change in Work. ' 1.7 STIPULATED PRICE CHANGE ORDER A. Based on notice of change and Contractor's fixed price quotation and subsequent negotiations. 1.8 UNIT PRICE CHANGE ORDER IA. For pre -determined unit prices and quantities, Change Order will be executed on a fixed unit price basis. I B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Work Change Directive, or based on negotiation and an executed Change Order. 1.9 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits ' indicated in the General Conditions. B. Engineer will determine the change allowable in Contract Price and Contract Time as provided 'in the Contract Documents. C. Maintain detailed records of work done on time and material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs ' for changes in the Work. 1.10 EXECUTION OF CHANGE ORDERS A. Engineer will provide Change Order forms for signatures of parties as provided in the General Conditions in the number of copies indicated in the Supplementary Conditions. I ' 01035 (3) 1:\Projects\1997\976070 (Sycamore)Specs\Resubmittal-3-99\Fmnt End\01035.doc City of Fayetteville 1 1.11 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub - schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. Part 2 - PRODUCTS Not Used. Part 3- EXECUTION Not Used. End of Section 01035 01035(4) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01035.doc City of Fayetteville 1 1 1 1 1 I I Section 01040 J Part I - GENERAL COORDINATION AND MEETINGS 1.1 SUMMARY 1 A. This Section expands upon requirements regarding coordination, conferences and meetings, described to permit direct reference from individual product specification Sections. 1. Coordination ' 2. Preconstruction conference 3. Progress meetings 1.2 RELATED SECTIONS ' A. Documents affecting work of this Section include, but are not necessarily limited to General Conditions, Supplementary Conditions, and Sections in Division 1 of these 'Specifications. ' 1.3 COORDINATION A. Coordinate construction activities with other contractors working in the same vicinity on ' other projects. It is anticipated that other utilities may be relocated during the same time, in the same area as this project. B. The Contractor, on the basis of the schedule and progress meetings shall notify the appropriate property owners of earthwork, trenching, pipe laying, cleanup, or other activities scheduled to occur on, or adjacent to, their property during the coming week. ' The individual property owner, or tenant thereof, shall be notified at least 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 Department, 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, when allowed by the Engineer, shall be scheduled between 8:00 a.m. and ' 5:00 p.m. and shall be limited to a maximum time of 4 hours for each individual meter unless specifically approved otherwise. ' 01040 (1) 1:\Pmjects\1997\976070 (Sycamore)Specs\Resubmittal-3.99\Front End\01040.doc City of Fayetteville All work that the Contractor will do that is related to traffic control devices or other related items shall be coordinated with the Traffic Department superintendent, Mr. Perry Franklin (575-8228). C. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements with provisions for accommodating items installed later. D. Verify that utility requirement characteristics of operating equipment are compatible with existing utilities. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service such equipment. E. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion. F. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. I I I L_l 1.4 PRECONSTRUCTION CONFERENCE ' A. Engineer will schedule a conference within 20 days after the Contract Time begins, but before any Work at the site begins. I B. Attendance Required: Authorized representatives of Owner, Engineer, and Contractor. C. Agenda: 1. Distribution of executed Owner -Contractor Agreement. 1 2. Submission of executed bonds and insurance certificates. ' 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of products, and proposed schedule. C 5. Designation of personnel representing the parties in Contract, and the Engineer. ' 6. Procedures and processing of field decisions, shop drawings, submittals, substitutions, applications for payments, Change Orders and Contract closeout procedures. 01040 (2) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01040.doc City of Fayetteville H C 7. Construction schedule, including sequence of critical work. 8. Channels and procedures for communication. 9. Rules and regulations governing performance of the Work. 10. Procedures for safety and first aid, security, quality control, and related matters. 1.5 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work beginning at weekly intervals or as determined by Engineer. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within two days to Engineer, Owner, participants, and those affected by decisions made. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, Engineer, and others as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 01040(3) 1:\Projccts\1997\976070(Sycamort)\Spccs\Resubmittal-3-99\Front End\01040.doc City of Fayetteville 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. Part 2 -PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01040 01040 (4) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal•3-99\Front End\01040.doc City of Fayetteville Section 01051 CONSTRUCTION SURVEYS Part 1- GENERAL 1.1 SUMMARY A. This Section defines staking services that Engineer will furnish, and sets forth responsibilities of Contractor regarding the use and maintenance of same. B. Related Work: Documents affecting work of this Section include, but are not limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. C. Definitions 1. "Control Points" are the original reference points set or found by the Engineer for the construction work. 2. "Construction Staking" is an additional staking required as the project progresses which is the responsibility of the Contractor. 1.2 REQUIREMENTS A. Engineer shall provide the following: 1. Set temporary benchmarks. 2. Set horizontal control points and provide coordinates in Plans to allow for Contractor's layout. 3. Reset points found to be in error. B. Contractor shall provide the following staking: 1. All construction staking except as provided by Engineer above. 2. Reset stakes, marks, or pins lost due to Contractor's operations. 1.3 CONTROL STAKING A. Notification 1. Notify Engineer, in writing, at least five days in advance of the date iflwhen survey services are desired. 2. Engineer shall provide control points. 01051 (1) 1:\Projects\1997\976070 (Sycammc)\Specs\Resubmittal•3.99\Fmnt End\0105 I .doc City of Fayetteville B. Checking Stakes 1. Examine points before commencing operations. 2. Notify Engineer, if validity of any control point is questionable. 3. Engineer will check points in question. 4. Any control points found to be in error will be reset by the Engineer. 5. If points are valid, Contractor shall pay for cost of checking points. C. Preservation of Stakes 1. Contractor shall inform his employees, subcontractors and vendors of importance of control points and the necessity of their preservation. 2. Contractor shall pay for resetting any control stakes, marks, or pins lost due to Contractor's operations. 1.4 CONSTRUCTION STAKING A. Provide all construction staking as needed to complete the Work. Part 2 - PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01051 01051(2) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01051.doc City of Fayetteville 1 1 1 1 1 1 1 1 1 1 1 I I H I I Section 01060 REGULATORY REQUIREMENTS Part 1 - GENERAL 1.1 SECTION INCLUDES: A. Listing of certain applicable local, state, and federal regularity requirements applicable to the project. ' B. Discussion of specific implementation of certain regulatory requirements. L L 1.2 NOT INCLUDED: A. Comprehensive listing of applicable local, state, and federal regulatory requirements applicable to the project. B. Reference to or listing of applicable safety standards. ' 1.3 RELATED SECTIONS IA. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. ' B. Section 01090 - Reference Standard: applicable consensus standards. C. Specific Sections of this Specification include additional requirements of local, state, and ' federal regulatory requirements. 1 1.4 AMERICANS WITH DISABILITIES ACT A. Comply with portions applicable to construction and construction sites. ' 1.5 FAYETTEVILLE WATER AND SEWER STANDARDS IA. Water standards are available from the City of Fayetteville Engineering Department. Sewer standards in an unapproved draft form should be obtained by Contractor and referred to when applicable. 1.6 ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT A. Construction standards as listed in individual Specification Sections. 01060(1) 1:\Ptojects\1997\976070 (Sycamore)Specs\Rcsubmival.3-99\Ftont End\01060.doc City of Fayetteville 1 I 1.7 ARKANSAS DEPARTMENT OF HEALTH A. Project has been submitted to ADOH for approval with applicable design standards. B. Do not deviate from ADOH approved Drawings and Specifications without approval of Engineer. ' C. Deviations requested by Contractor which require re -submittal to ADOH - Contractor will reimburse Owner for cost of re -submittal and obtaining approval. ' 1.8 NPDES STORM WATER DISCHARGE PERMIT A. NPDES Permit - Apply to the State of Arkansas for storm water discharges during construction at this site to be covered by General NPDES Permit No. ARR10A000. This application includes filing a Notice of Intent (NOI) and preparing a Storm Water Pollution Prevention Plan. B. Permit Activities: Manage the discharge of storm water from the project areas in accordance with the NPDES permit and the following provisions. 1. Minimum requirements for stone water construction permit compliance. Contractor will develop and place in field office file a storm water pollution prevention plan (Plan) for this construction site. The objective of this Plan is to identify all potential pollution sources on -site, and, devise management and physical measures which reduce pollution and prevent such pollution from leaving the permit site. Plan shall include methods and timing for prevention of storm water pollution by the construction process, equipment and materials. This includes a description of both structural and non-structural control measures. Plan shall include flow diversion, erosion control, sediment containment, and re - vegetation consistent with the specified work and the storm water permit. Plan shall specify the Contractor's supervisory personnel who shall conduct the required inspections of the site and control facilities and who shall file the written reports for each such inspection. Plan shall require such inspection of the control facilities after each rain of 0.5 inches per day as specified in the permit. Such inspections are of particular importance in evaluating control structures and non-structural methods or procedures. Failure or ineffectiveness of control measures or procedures must be documented with corrective actions specified. , 01060(2) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-J-99\Front End\01060.doc City of Fayetteville I L L I I H L L L L L L L L I H 2. Conduct sampling and analysis of storm water run-off in accordance with the NPDES permit and the following provisions. Analysis shall be performed by a laboratory approved by Owner. 3. Complete compliance reports required by the permit in a timely manner and provide Owner with copies of all data on storm water management activities and monitoring. C. Permit Compliance: Conduct storm water management practices in accordance with the permit. Contractor shall be responsible for any enforcement action taken or imposed by federal or state agencies, including the cost of fines, construction delays, and remedial actions, resulting from Contractor's failure to comply with the permit provisions. Monitor the suitability of the designated management practices to achieve the storm water quality provisions of the permit, and notify Engineer of the any changes made to management practices. If changes are ordered by Engineer, an adjustment in Contract Price shall be considered in accordance with the General Conditions. However, Contractor's failure to monitor or report deficiencies to Owner will result in Contractor being liable for fines and construction delays resulting from any federal or state agency enforcement action. Part 2- PRODUCTS Not Used Part 3 - EXECUTION Not Used End of Section 01060 01060 (3) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal3-99\Fmnt End\O I060.doc City of Fayetteville L Section 01090 REFERENCE STANDARDS AND ABBREVIATIONS Part I - GENERAL 1.1 SECTION INCLUDES A. A listing of organizations providing reference standards referenced in the Specifications. B. Information on the use of reference standards. C. A listing of abbreviations used throughout the Contract Documents. 1.2 RELATED SECTIONS A. General Conditions, Supplementary Conditions 1.3 SCHEDULE OF REFERENCES A. AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Washington, DC 20001 B. ACT American Concrete Institute Box 19150 Redford Stations Detroit, MI 48219 C. AGC D. AI E. ANSI F. ASPA Associated General Contractors of America 1957 E Street, NW Washington, DC 20006 Asphalt Institute Asphalt Institute Building College Park, MD 20740 American National Standards Institute 1430 Broadway New York, NY 10018 American Sod Producers Association 4415 West Harrison Street Hillside, IL 60612 01090(1) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal•3-99\Front End\01090.doc City of Fayetteville H G. ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 H. AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 EJCDC Engineers' Joint Contract Documents Committee American Consulting Engineers Council 1015 15th Street, NW Washington, DC 20005 J. FS Federal Specifications General Services Administration, Specifications and Consumer Information Distribution Section (WFSIS) Washington Navy Yard, Building 197 Washington, DC 20407 K. MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 L. PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077 M. UL Underwriters' Laboratories, Inc. 333 Pfringston Road Northbrook, IL 60062 1.4 ABBREVIATIONS Whenever the following abbreviations and acronyms are used, they shall have the corresponding meaning as follows. AGA - American Gas Association AHTD - Arkansas Highway and Transportation Department ASHTD - Arkansas Highway and Transportation Department AISC - American Institute of Steel Construction APA - American Plywood Association 01090(2) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01090.doc I I [] L n I I H I I H C 1 City of Fayetteville Li ASA - American Standards Association AWG - American Wire Gage AWPA - American Wood Products Association AWS - American Welding Society GSA - General Services Administration, U.S. Government 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 A - Ampere cfrn - cubic feet per minute CGMP - corrugated galvanized metal pipe I. DIP - ductile iron pipe gpm - gallons per minute Hp - horsepower ' MOD - 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 I I I I C PART2-PRODUCTS Not Used PART 3 - EXECUTION Not Used End of Section 01090 01090 (3) l:\Projects\1997\976070(Sycamore)\Specs\Resubmittal-3-99\Front End\01090.doc City of Fayetteville J I ILI H H H I I I I I I Section 01300 611:Ir1 IYII;\M Part 1- GENERAL 1.1 SUMMARY A. This Section expands upon requirements regarding administrative and procedural requirements for submittals of progress schedules, shop drawings, product data, samples, manufacturer's instructions, and manufacturer's certificates. B. Related Work: 1. Section 01400 - Quality Control: Manufacturers' field services and reports. 2. Section 01700 - Contract Closeout: Contract warranty, manufacturer's certificates, and closeout submittals. 1.2 SUBMITTAL PROCEDURES A. Transmit each submittal with form accepted by Engineer. B. Sequentially number the transmittal forms. Re -submittals to have original number with an alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. D. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to Engineer. Coordinate submission of related items. F. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. IG. Provide space for Contractor and Engineer review stamps. I L I H. Revise and resubmit submittals as required, identify all changes made since previous submittal. 01300 (1) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01300.doc City of Fayetteville I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly ' report any inability to comply with provisions. 1.3 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date of Owner - Contractor Agreement for Engineer review. B. Update in accordance with Section 01310 and resubmit with each pay request. C. Submit a horizontal bar chart with separate line for each major section of Work or operation, identifying first work day of each week. D. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. E. Indicate estimated percentage of completion for each item of Work at each submission. F. Indicate submittal dates required for shop drawings, product data, and samples. 1.4 SHOP DRAWINGS A. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Engineer. B. Make Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the Work. C. Unless otherwise specified, make submittals in groups containing all associated items to assure that information is available for checking each item when it is received. 1. Partial submittals may be rejected as not complying with the provisions of the Contract. 2. The Contractor may be held liable for delays so occasioned. D. Make submittals far enough in advance of scheduled dates for installation to provide time ' required for reviews, for securing necessary approvals, for possible revisions and re - submittals, and for placing orders and securing delivery. E. In scheduling, allow at least ten working days for review by the Engineer following the Engineer's receipt of the submittal. 01300 (2) , J:Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01300.doc City of Fayetteville I H I I I F. Submittal log: 1. Maintain an accurate submittal log for the duration of the Work, showing current status of all submittals at all times. 2. Make the submittal log available to the Engineer for the Engineer's review upon request. G. After review distribute in accordance with Article on Procedures above and for Record Documents described in Section 01700 - Contract Closeout. 1.5 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus two copies which will be retained by the Engineer. ' B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. I C. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout. ' 1.6 SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. ' B. Submit samples of coatings or finishes for Engineer's selection. H I I I I C. Include identification on each sample, with full product information. D. Submit the number or samples specified in individual specification Sections; one of which will be retained by Engineer. E. Reviewed samples which may be used in the Work are indicated in individual specification Sections. 1.7 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specifications Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 01300 (3) J:\Projccts\ 1997\976070 (Sycamotc)\Specs\Resubmittal-3-99\Front End\01300.doc City of Fayettevillc L 1.8. MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. B. Indicate that material or product conforms to or exceeds specified requirements. Submit supporting reference data affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01300 01300 (4) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01300.doc City of Fayetteville 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Section 01310 PROGRESS SCHEDULES Part 1- GENERAL 1.1 SUMMARY A. This Section includes procedural requirements for preparation, submittal, and updating of Contractor's construction progress schedules. B. Related Work: 1. Documents affecting work of this Section include, but are not limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specification. 2. Section 01027 - Applications for Payment. 3. Section 01300 - Submittals: Shop drawings, product data, and samples 1.2 FORMAT A. Prepare Schedules as a horizontal bar chart with separate bar for each major portion of Work or operation, identifying first work day of each week. B. Sequence of Listings: The chronological order of the start of each item of Work. C. Scale and Spacing: To provide space for notations and revisions. D. Sheet Size: Minimum multiples of 8 1/2 x 11 inches (216 x 279 mm) 1.3 CONTENT A. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify each item by specification Section number. C. Identify work of separate stages and other logically grouped activities. D. Provide sub -schedules to define critical portions of the entire Schedule. 013 10 (1) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01310.doe City of Fayetteville I E. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. F. Provide separate schedule of submittal dates for shop drawings, product data, and samples, and dates reviewed submittals will be required from Engineer. I I 1.4 REVISIONS TO SCHEDULES , A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other identifiable changes. C. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. 1.5 SUBMITTALS A. Submit initial Schedules within fifteen (15) days after date of Notice of Award. After review, resubmit required revised data within ten (10) days. B. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Engineer. I CIS I I 1.6 DISTRIBUTION ' A. Distribute copies of reviewed Schedules to project site file, Subcontractors, suppliers, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules. Part 2 -PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01310 01310 (2) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01310.doc City of Fayetteville I I I L I I I I I Section 01410 ' TESTING LABORATORY SERVICES Part 1- GENERAL 1.1 SUMMARY A. This Section describes testing and inspecting to be provided by Contractor, plus cooperation required from Contractor with Owner's selected testing agency and others responsible for testing and inspecting the Work. 1 B. Related work: ' 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1, of these Specifications. 2. Requirements for testing may be described in various Sections of these Specifications. 3. Where no testing requirements are described, but Owner decides that testing is required, Owner may require such testing to be performed under current pertinent standards for testing. Payment for such testing will be made as described in this ' Section. C. Work not included: Selection of testing laboratory: Owner and Contractor will each select a pre -qualified independent testing laboratory for the testing services required by each. Neither Owner ' nor Contractor shall utilize a testing laboratory against which the other has a reasonable objection. ' 1.2 QUALITY ASSURANCE A. The testing laboratory will be qualified to the Owner's approval in accordance with ASTM E 329. ' B. Testing, when required, will be in accordance with all pertinent codes and regulations, and with selected standards of the American Society for Testing and Materials and the American Association of State Highway and Transportation Officials. J ' 01410 (1) J:\Projects\1997-976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01410.doc City of Fayetteville I I 1.3 DELIVERY, STORAGE, AND HANDLING ' A. Comply with pertinent provisions of Section 01620. ' B. Promptly process and distribute required copies of test reports and related instructions to assure necessary re -testing and replacement of materials with the least possible delay in progress of the Work. Part 2 - PRODUCTS 2.1 PROOF OF MATERIALS TESTING A. Materials to be incorporated into the work shall be tested, using suitable laboratory and source quality control tests, as indicated in individual specification Sections, to prove their compliance with the Specifications. B. Proof of materials testing shall be paid for by Contractor. 2.2 PROOF OF CONSTRUCTION TESTING A. Completed construction shall be tested, using suitable in -situ and laboratory tests, as indicated in individual specification sections or as recommended by Engineer or required by Owner, to prove compliance of completed work with Specifications. B. Proof of construction testing will be paid for by Contractor. 2.3 CODE COMPLIANCE TESTING A. Inspections and tests required by codes or ordinances, or by a plan approval authority, and which are made by a legally constituted authority, shall be the responsibility of and shall be paid for by Contractor, unless otherwise provided in the Contract Documents. 2.3 CONTRACTOR'S CONVENIENCE TESTING , A. Inspecting and testing performed exclusively for Contractor's convenience shall be sole responsibility of Contractor. ' 1 Part 3. EXECUTION 01410 (2) J:\Projects\1997-976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01410.doc City of Fayetteville I 3.1 COOPERATION WITH TESTING LABORATORY H I I I I L C I I L I I I 'J A. Representatives of the testing laboratory shall have access to the Work at all times and at all locations where the Work is in progress. Provide facilities for such access to enable the laboratory to perform its functions properly. 3.2 TAKING SPECIMENS A. Specimens and samples for testing, unless otherwise provided in the Contract Documents, shall be taken by testing personnel. Sampling equipment and personnel will be provided by the testing laboratory. Deliveries of specimens and samples to the testing laboratory. 3.3 SCHEDULES FOR TESTING A. Establishing schedule: By advance discussion with testing laboratory selected by Owner, determine the time required for laboratory to perform tests and to issue findings. Provide all required time within the construction schedule. B. Revising schedule: When changes of construction schedule are necessary during construction, coordinate all such changes with the testing laboratory as required. C. Adherence to schedule: When the testing laboratory is ready to test according to the established schedule, but is prevented from testing or taking specimens due to incompleteness of the Work, all extra charges for testing attributable to the delay may be back -charged to Contractor and shall not be borne by Owner. End of Section 01410 ' 01410 (3) J:\Frojects\1997-976070(Sycammc)\Specs\Resubmittal-3-99\Fmnt End\01410.doc City of Fayetteville I I I I Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Part 1- GENERAL 1.1 SUMMARY ' A. This Section describes construction facilities and temporary controls required for the Work. B. Related work: I I H 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Except that equipment finnished by subcontractors shall comply with requirements of pertinent safety regulations, such equipment normally furnished by the individual trades in execution of their own portions of the Work are not part of this Section. 3. Permanent installation and hookup of the various utility lines are described in other Sections. 1 1.2 REQUIREMENTS IA. Provide construction facilities and temporary controls needed for the Work including, but not necessarily limited to: 1. Temporary Utilities: Electricity, heat, ventilation, telephone, water and sanitary facilities. 2. Temporary Controls: Barriers, enclosures, fencing, protection of the Work, and water ' control. 3. Construction Facilities: Access roads and temporary buildings. ' 4. Project sign, if required. 1.3 DELIVERY, STORAGE, AND HANDLING 1 A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. 1 I ' 01500(1) J:\Projccts\l997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\0I500.doc City of Fayetteville I H Part 2- PRODUCTS 2.1 MAINTENANCE OF TRAFFIC A. Keep existing roads open to all traffic. Detour routes are not required for this project. Keep the portion of the project being used by public traffic, either through or local traffic, in such condition to permit safe, continuous flow two-way traffic at all times. Where the nature of the work restricts or prohibits two-way flow, one-way operation may be maintained by use of flaggers. B. Conduct work as to assure the least possible obstruction to traffic. Provide for safety and convenience of the general public, residents affected by construction, and protection of persons and property. C. Maintain existing roads from the date work is begun until the project has been completed and accepted.. D. Provide traffic control devices and operations required to delineate temporary hazards which result from construction. Traffic control devices shall comply with applicable portions of the MUTCD and Section 604 of AHTD. Traffic control devices which are ineffective due to size, age, wear and tear, or improper delineation shall be removed from the site and replaced with suitable devices. 2.2 UTILITIES I L L L C L L I H A. Water ' 1. Provide necessary temporary piping and water supply and, upon completion of the Work, remove such temporary facilities. 2. Provide and pay for water used in construction, including water used to flush and test pipelines and appurtenances. I L B. Electricity ' 1. Provide necessary temporary wiring and, upon completion of the Work, remove such temporary facility. 2. Provide area distribution boxes so located that the individual trades may furnish and use 100 ft. maximum length extension cords to obtain power and lighting at points where needed for work, inspection, and safety. 3. Provide and pay for electricity used in construction. 01500 (2) 1:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01500.doc J 1 City of Fayetteville 1 I ' C. Heating: Provide and pay for heat devices and heat necessary to maintain specified conditions for construction operations needed in the Work. D. Telephone I1. Make necessary arrangements and pay costs for installation and operation of telephone service to the Contractor's office at the job site. 2. Make the telephone available to the Engineer for use in connection with the Work. IE. Temporary Ventilation 1. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. 2. Provide equipment as required to maintain proper ventilation construction operations. F. Temporary Sanitary Facilities ' 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in sanitary condition at all times. 2.3 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. ' B. Provide protection for plant life designated to remain. Replace damaged plant life. ' C. Protect non -owned vehicular traffic, stored materials, site and structures from damage. ' 2.4 WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. 2.5 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification Sections. ' 01500(3) J:\Pmjects\1997\976070 (Sycamore)\Specs\Resubmival•3.99\Front End\01500.doc City of Fayctteviile H B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. C. Provide temporary covering at the ends of installed piping at the end of each work day to prevent entry of dirt, debris and rodents. D. Prohibit traffic on dressed and seeded areas. 2.6 SECURITY A. Provide security and facilities to protect Work, existing facilities, and Owner's operations from unauthorized entry, vandalism, or theft. 2.7 ACCESS ROADS A. Construct and maintain temporary roads accessing public thoroughfares to serve construction area. ' B. Extend and relocate as Work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. 2.8 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site periodically and dispose off -site. 2.9 FIELD OFFICES AND SHEDS A. Contractor's facilities: (applicable when included as a bid item) 1. Provide a temporary field office building and sheds adequate in size and accommodation for Contractor's offices, supply, and storage. 2. Within the Contractor's facilities, provide enclosed space adequate for holding project meetings. Furnish with table, chairs, and utilities. B. Locate offices and sheds a minimum distance of 30 feet from existing and new structures. H 01500(4) ' 1:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01500.doc City of Fayetteville I L 2.10 ENCLOSURES I I L C I I I I Li LI H A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms bridges, and other temporary constructing necessary for proper completion of the Work in compliance with pertinent safety and other regulations. B. Provide temporary weather -tight closure of exterior openings to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification Sections, and to prevent entry of unauthorized persons. Provide access doors with self -closing hardware and locks. wn-t liiz'ia.Z'lOlal►[S1hY A. Provide and maintain for the duration of construction a temporary fence of design and type needed to prevent entry by the public onto the open excavation areas of the Work. B. Fencing shall be international orange in color, 4' high, have maximum 6 inch square opening and be supported by 6 foot posts located 10 feet to 12 feet on center and imbedded 18 inches into the ground. C. Provide and maintain temporary cattle fencing to restrict movement of cattle into work areas both during regular work hours and during nighttime and weekends. Part 3 - EXECUTION 3.1 MAINTENANCE AND REMOVAL A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. B. Remove such temporary facilities and controls as rapidly as progress of the Work will permit, or as directed by the Engineer. ' C. Clean and repair damage caused by installation or use of temporary work. H I I D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. End of Section 01500 01500 (5) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01500.doc City of Fayetteville I I H H I H H I Section 01620 Part 1- GENERAL 1.1 SUMMARY A. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division i of these Specifications. 2. Additional procedures also may be prescribed in other Sections of these Specifications. 1.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1 1.3 MANUFACTURERS' RECOMMENDATIONS A. Except as otherwise approved by the Engineer, determine and comply with manufacturers' recommendations of product handling, storage, and protection. 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. Engineer may reject as non -complying such material and products that do not bear identification satisfactory to Engineer as to manufacturer, grade, quality, and other pertinent information. J 01620 (1) J:\Projects\1997\976070 (Sycamore)\Specs\kesubmittal-3-99\Front End\01620.doc City of Fayetteville 1 J 1.5 STORAGE A. Store materials, supplies and equipment in an orderly fashion at the site of the work as will not unduly interfere with the progress of his work or of other contractors. 1.6 PROTECTION A. Provide the necessary care in unloading procedures to prevent damage to materials and equipment delivered to the job site. B. Provide necessary security fencing and measures to prevent damage through vandalism or theft. C. At all times safely guard Owner's property from injury or loss in connection with this Contract. At all times safely guard and protect the Work, and that of adjacent property, from damage. Furnish, maintain, and use such equipment as may be necessary to protect adjacent property from damage caused by construction equipment, dust, mud, dirt, and refuse from operations. Failure to prevent such damage shall be cause for stopping the Work until dust, mud, dirt, and refuse are controlled. Be fully responsible for safety precautions and protection until acceptance of the Work. D. Exercise due care to avoid damage to existing improvements or facilities, fences, building, structures, adjacent properties, and trees and shrubs that are not to be removed. E. In the event of temporary suspension of work, or during inclement weather, or whenever Engineer shall direct, direct Subcontractors to carefully protect the Work and materials against damages or injury from the weather. 1.7 REPAIRS AND REPLACEMENTS H L L L L J I J I J A. In event of damage, promptly make replacements and repairs to the approval of Engineer and at no additional cost to Owner. B. Additional time required to secure replacements and to make repairs will not be considered by Engineer to justify an extension in the Contract Times. End of Section 01620 01620 (2) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01620.doc I I L Li I City of Fayetteville 1 C1 H I H Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS Part 1- GENERAL 1.1 SUMMARY A. This Section describes product options available to the Contractor, plus procedures for securing approval of proposed substitutions. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, ' General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Make submittals in accordance with pertinent provisions of Section 01300. I 1.2 PRODUCT OPTIONS A. The Contract is based on standards of quality established in the Contract Documents. ' 1. In agreeing to the terms and conditions of the Contract, Contractor has accepted a responsibility to verify that the specified products will be available and to place orders ' for all required materials in such a timely manner as is needed to meet agreed upon construction schedule. 2. Neither Owner nor Engineer has agreed to the substitution of materials or methods ' called for in the Contract Documents, except as they may specifically otherwise state in writing. B. Materials and/or methods specified by name: ' 1. Where materials and/or methods are specified by naming one single manufacturer and/or model number, without stating that equal products will be considered, only the material and/or method named is approved for incorporation into the Work. 2. Should Contractor demonstrate to the satisfaction of Engineer that a specified material or method was ordered in a timely manner and will not be available in time for incorporation into this Work, Contractor shall submit to Engineer such data on ' proposed substitute materials and/or methods as are needed to help Engineer determine suitability of the proposed substitution. II ' 01630 (1) l:\Pmjects\1997\976070 (Sycamore)\Specs\Resubmittal-3.99\Fmnt End\01630.doc City of Fayetteville I C. Where materials and/or methods are specified by name and/or model number, followed by the words "or equal": The material and/or method specified by name establishes the required standard of quality; Materials and/or methods proposed by Contractor to be used in lieu of materials and/or methods; Information on proposed substitutions shall be submitted to Engineer in triplicate in accordance with Paragraph 6.05.A of the General Conditions. D. The following products do not require fiuther approval except for interface within the Work: 1. Products specified by reference to standard specifications such as ASTM, AWWA, and similar standards; 2. Products specified by manufacturer's name and catalog model number. E. Where the phrase "or equal," or "or equal as approved by Engineer," occurs in the Specifications, do not assume that the materials, equipment, or methods will be approved as equal unless the item has been specifically so approved for the Work by Engineer. C1 I C L I F. The decision of Owner shall be final. I 1.3 REIMBURSEMENT OF ENGINEER'S COSTS A.. In the event substitutions are proposed to Engineer after the Contract has been awarded, Engineer will record all time used by Engineer and Engineer's consultants in evaluating each such proposed substitution. B. Whether or not Engineer approves a proposed substitution, Contractor promptly upon receipt from Owner of Engineer's billing shall reimburse Owner for the charges of Engineer and Engineer's Consultants for evaluating each such proposed substitute item. 1.4 DELAYS A. Delays in construction arising by virtue of the non -availability of a specified material and/or method will not be considered by Engineer as justifying an extension of the agreed Contract Time. End of Section 01630 01630 (2) J:\Projects\1997\976070 (Sycamore)\Spccs\Resubmittal-3-99\Front End\01630.doc City of Fayetteville I I I H H I I I I L] Section 01700 CONTRACT CLOSEOUT Part 1- GENERAL 1.1 SECTION INCLUDES A. Description of an orderly and efficient transfer of the completed Work to Owner. B. Expands upon requirements regarding project closeout procedures, final cleaning, adjusting, project record documents, operation and maintenance data, and warranties described to permit direct reference from individual product specification Sections. C. Related work: Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE A. Prior to requesting inspection by Engineer, use adequate means to assure that the Work is completed in accordance with the specified requirements and is ready for the requested inspection. 1.3 PROCEDURES A. Substantial Completion: I1. Prepare and submit the list required by the first sentence of Paragraph 14.04 of the General Conditions. 2. Within a reasonable time after receipt of the list, Engineer will inspect to determine status of completion. 3. Should Engineer determine that the Work is not substantially complete: 1 a. Engineer promptly will so notify Contractor, in writing, giving reasons therefore. b. Remedy the deficiencies and notify Engineer when ready for reinspection. C. Engineer will reinspect the Work. 4. When Engineer concurs that the Work is substantially complete: a. Engineer will prepare a "Certificate of Substantial Completion", accompanied ' by Contractor's list of items to be completed or corrected, as verified by Engineer. b. Engineer will submit the Certificate to Owner and Contractor for their written acceptance of the responsibilities assigned to them in the Certificate. 01700 (1) l:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal•3.99\Front End\01700.doc City of Fayetteville I B. Final Completion: ' 1. Prepare and submit the notice required by the first sentence of Paragraph 14.06 of the General Conditions. 2. Verify that the Work is complete including, but not necessarily limited to, the items mentioned in Paragraph 14.07.A of the General Conditions. 3. Certify that: a. Contract Documents have been reviewed; b. Work has been inspected for compliance with the Contract Documents; c. Work has been completed in accordance with the Contract Documents; d. Equipment and systems have been tested as required, and are operational; and e. Work is completed and ready for final inspection. ' 4. Engineer will make an inspection to verify status of completion. 5. Should Engineer determine that the Work is incomplete or defective: a. Engineer promptly will so notify Contractor and Owner, in writing, listing the incomplete or defective work. b. Remedy the deficiencies promptly, and notify Engineer when ready for reinspection. 6. When Engineer determines that the Work is acceptable under the Contract Documents, he will request Contractor to make closeout submittals. C. Closeout submittals include, but are not necessarily limited to: 1. Project Record Documents. , 2. Operation and maintenance data for items so listed in pertinent other Sections of these Specifications, and for other items when so directed by Engineer. 3. Warranties and Bonds 4. Specifications with recorded changes made by addenda. 5. Spare parts and materials extra stock 6. Evidence of compliance with requirements of government agencies having jurisdiction including, but not necessarily limited to: a. Certificates of Inspection; b. Certificates of Occupancy; 7. Certificates of Insurance for products and completed operations; 8. Evidence of payment and release of liens; 9. List of subcontractors, service organizations, and principal vendors, including names, addresses, and telephone numbers where they can be reached for emergency service at all times including nights, weekends, and holidays. D. Final adjustment of accounts: Submit a final statement of accounting to Engineer, showing all adjustments to the Contract Price. A final Change Order reconciling quantities installed to contract amounts will be issued. J 01700(2) ' J:\Projects\I997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01700.doc City of Fayetteville I ' 1.4 FINAL CLEANING IA. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. C. Restore areas disturbed by the Work, as specified in Section 02261. 1.5 ADJUSTING A. Adjust operating equipment to ensure smooth and unhindered operation. I1.6 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; protect from deterioration and from loss and damage until completion of the Work; record actual revisions to the Work. Do not use the record documents set for any purpose except entry of new data and. for review by Engineer. I1. Contract Drawings. 2. Specifications. 3. Addenda. ' 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. Failure to promptly make notations ' on Record Documents will be considered in evaluating requests for progress payments. 1. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. 2. Date all entries. 3. Call attention to the entry by a "cloud" drawn around the area or areas affected. ' 4. In the event of overlapping changes, use different colors for the overlapping changes. D. Specifications: Legibly mark and record at each product section description of actual products ' installed, including the following. 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. I ' 01700 (3) 1:\Projccts\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01700.doc City of Fayetteville 1 I E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Details not on original Contract Drawings. F. Submittal, Review, and Approval 1. Submit the completed set of Project Record Documents to Engineer for review. 2. Participate in review meetings as required. 3. Make required changes and promptly deliver the final Project Record Documents to Engineer. G. Contractor has no responsibility for recording changes in the Work subsequent to Final Completion, except for changes resulting from work performed under Warranty. 1.7 OPERATION AND MAINTENANCE DATA I L CI' L I A. Submit three sets prior to final inspection, bound in 8-1/2 x 11 inch text pages, three ring capacity expansion binders with durable plastic covers. B.. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required. C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below, with tab titling clearly printed under reinforced laminated plastic tabs. D. Contents: Prepare a Table of Contents for each volume, with each product or system description identified, type on 30 pound white paper. E. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Operating instructions. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for cleaning methods, materials, and special precautions identifying detrimental agents. 01700(4) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01700.doc I L L J I I L City of Fayetteville 1 LI G. Part 3: Project documents and certificates, including the following: 1. Shop Drawings and product data. ' 2. Certificates. 3. Photocopies of warranties. ' H. Submit one copy of completed volumes in final form fifteen (15) days prior to final inspection. This copy will be returned after final inspection, with Engineer's comments. Revise content of documents as required prior to final submittal. ' I. Submit final volumes revised, within ten (10) days after final inspection. ' 1.8 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, Suppliers, and manufacturers. C. Provide Table of Contents and assemble in three ring binder with durable plastic cover. ID. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.9 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. ' B. Deliver to Project site and place in location as directed; obtain receipt prior to final payment. ' 1.10INSTRUCTION IA. Instruct Owner's personnel in proper operation and maintenance of systems, equipment, and similar items which were provided as part of the Work. ' Part 2- PRODUCTS Not Used I H I Part 3 - EXECUTION Not Used End of Section 01700 01700 (5) J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-3-99\Front End\01700.doc City of Fayetteville TECHNICAL SPECIFICATIONS TABLE OF CONTENTS TITLE PAGE '• SP -1 Specifications, Ark. State Highway Commission SP -1-1 SP -2 Removal of Traffic Signal Equipment SP -2-1 SP -3 Removing Asphalt Pavement SP -3-1 ' SP -4 Relocation of Sanitary Sewer Services SP -4-1 SP -5 Relocation of Water Services SP -5-1 SP -6 Topsoil SP -6-1 ' SP -7 Precast Reinforced Concrete Box Culverts SP -7-1 SP -8 Temporary Aggregate Sidewalk and Safety Fencing SP -8-1 SP -9 PVC Conduit SP -9-1 SP -10 Subbase Course SP -10-1 SP -11 Thermoplastic Pavement Marking SP -11-1 SP -12 Flowable Fill SP -12-1 SP -13 City of Fayetteville — Landowners Side Letters SP -13-1 Section 1 - Site Preparation 1-1 Section 2 - Earthwork 2-1 Section 3 - Aggregate Base Course 3-1 ' Section 4 - Prime Coat and Tack Coat 4-1 Section 5 - Asphalt Surface and Binder Course 5-1 Section 6 - (Not Used) Section 7 - Driveways, Driveway Extensions and Aprons 7-1 Section 8 - Concrete Curb and Gutter 8-1 Section 9 - Concrete Sidewalks 9-1 ' Section 10 - Inlets and Junction Boxes 10-1 Section 11 - Concrete and Reinforcing Steel 11-1 Section 12 - Unclassified Excavation for Structures 12-1 '• Section 13 - Pipe Culverts 13-1 Section 14 - Solid Sodding 14-1 Section 15 - (Not Used) Section 16 - Maintenance of Traffic 16-1 Section 17 - Pavement Repairs 17-1 Section 18 - Disability Access Ramps 18-1 Section 19 - Cleanup 19-1 Section 20 - Pipe Embedment 20-1 Section 21 - (Not Used) ' Section 22 - Mailbox Relocation 22-1 Section 23 - (Not Used) Section 24 - Temporary Erosion Control 24-1 ' Section 25 - New Fence 25-1 Section 26 - Trench and Excavation Safety Systems 26-1 TABLE OF CONTENTS (cont'd) TITLE PAGE Section 27 - Cold Milling Asphalt Pavement 27-1 Section 28 - Guard Rail 28-1 Section 29 - (Not Used) Section 30 - (Not Used) Section 31 - Roadway Construction Control 31-1 Section 32 - (Not Used) Section 33 - Valve and Meter Boxes Adjusted to Grade 33-1 Section 34 - Remove and Replace Fences 34-1 Section 35 - (Not Used) Section 36 - (Not Used) Section 37 - (Not Used) Section 38 - Riprap 38-1 Section 39 - (Not Used) ii I I 1 1 1 1 1 1 1 I ' SP -1 - SPECIFICATIONS, ARKANSAS STATE HIGHWAY COMMISSION SP -1-1.1 General The standard specifications of the Arkansas State Highway and ' Transportation are bound in a book titled Standard Specifications for Highway Construction. These specifications are referred to herein as "Standard Specifications." The latest edition shall apply. A copy of these "Standard Specifications" may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas, at their customary ' charge. SP -1-2.1 Incorporation and Modification Certain parts of the Standard Specifications 'are appropriate for inclusion in these Technical Specifications. Such parts are incorporated herein by reference to the proper section or article number. The individual specification ' numbers noted herein may be different from those in the latest edition of the "Standard Specifications." The most current specification number shall apply. Each such referenced part shall be considered to be a part of these Contract Documents as though copied herein in ' full. Certain referenced parts of the Standard Specifications are modified in the Specifications that follow. In case of conflict between the Standard Specifications and the Specifications that follow, the Specifications that follow shall govern. ' Individual material test numbers change from time to time. Use the latest applicable test. Reference in the Standard Specifications to the "Department" are herein changed to the "Owner". Li u L H I I I SP -1-1 I ' SP -2 - REMOVAL OF TRAFFIC SIGNAL EQUIPMENT ' SP -2-1.1 Description Under this item, the Contractor shall remove the traffic signal pole foundations and equipment foundation(s). The Owner shall remove traffic signal heads, traffic signal poles, span wire assemblies, traffic controllers, and other existing signal equipment at locations shown on the Plans. SP -2-2.1 Materials The Contractor shall provide all equipment and tools necessary to ' remove the traffic signal pole foundations and equipment foundation(s) at the location shown on the Plans. L u I Li LI H SP -2-3.1 Construction Requirements (a) The Contractor shall coordinate signal operations with the City of Fayetteville throughout construction until the completion of the contract. Control of the intersection shall be by flagmen or stop signs at any time that the signals are not in operation and shall be accomplished in accordance with the Maintenance of Traffic Plan. (b) The Contractor shall remove the traffic signal pole foundation and all appurtenances such as reinforcing steel, conduit, anchor bolts and cable to a minimum depth of 12 inches below grade. The concrete foundations shall be broken up and the material disposed of by the Contractor. The Contractor shall backfill all voids created from removal of the concrete foundation in accordance with the applicable portions of SECTION 2 — EARTHWORK. (c) The controller cabinet, poles/arm, signal heads, and brackets , shall remain the property of the City of Fayetteville. SP -2-4.1 Method of Measurement Removal of traffic signal pole foundations and equipment will not be measured for payment. ' SP -2-5.1 Basis of Payment Removal of traffic signal foundation acceptably completed shall be subsidiary to the contract lump sum price bid for "SITE PREPARATION." r Li I H SP -2-1 H ' SP -3 - REMOVING ASPHALT PAVEMENT SP -3-1.1 Description This item shall consist of the full -depth removal of portions of the existing asphalt pavement, in accordance with these Specifications and in conformity to the dimensions and details shown on the Plans. All pavement material removed shall be disposed of off -site, or as directed by the Engineer. This item does not include areas covered by ' SECTION 17 - PAVEMENT REPAIRS SP -3-2.1 Construction Methods - General No pavement removal shall be started until the work has been laid out by the Contractor. All removed pavement material shall be disposed of off -site. All hauling will be considered a necessary and incidental part of the work; its cost shall be considered by the Contractor and included in the contract price for the pay of items of work involved. No payment will be made separately or directly for hauling on any part of the work. ' SP -3-2.2 Asphalt Pavement Removal (a) This item shall consist of the removal of existing asphalt pavement (regardless of depth or underlying material encountered) to existing subgrade material, at the locations shown on the Plans. The method of removal shall be approved by the Engineer ' before any removal operations begin. The Contractor shall take care not to damage adjacent pavement which is to remain in place; any adjacent sound pavement damaged by the Contractor shall be removed and replaced at the Contractor's expense. Sawcutting (1.5 -inch depth) will be required at the edge of the removal areas, unless cold milling is required beyond the edge of the full -depth removal. ' (b) Subgrade Preparation The subgrade below the removed pavement shall be compacted in accordance with SECTION 2 — EARTHWORK. Subgrade preparation will not ' be measured for separate payment. (c) Undercut Excavation If, in the opinion of the Engineer, the subgrade material underlying this depth is unsuitable or of insufficient strength to support the finished pavement structure, the subgrade shall be excavated to a depth as determined by the Engineer. ' The undercut shall be accomplished in accordance with SECTION 2 - EARTHWORK. SP -3-3.1 Method of Measurement Asphalt pavement removal will not be measured for payment. SP -3-4.1 Basis of Payment Asphalt Pavement Removal shall be subsidiary to the contract ' lump sum price bid for "SITE PREPARATION." Subgrade Preparation and Undercut Excavation shall be subsidiary to the contract lump sum price bid for SECTION 2 - 2.09a "Unclassified Excavation." I SP -3-1 J ' SP -4 - RELOCATION OF SANITARY SEWER SERVICES I SP-4-1.1 Description This section covers the relocation of sanitary sewer services required because of interference with construction of the improvements. SP -4-2.1 Materials All materials and construction methods shall meet with the City of Fayetteville Specification Requirements for Sanitary Sewers. SP -4-3.1 Execution Grades shall be as determined by the Engineer or as shown on the Plans. Size of sewer service line shall be of the same size as the existing sewer service. Trench excavation and backfill, including bedding material, and cleanup, will not be measured separately, but will be considered subsidiary to this bid item. The Contractor shall be diligent in the constriction of sanitary sewer lines in order that property owners be inconvenienced for as short a period as possible. The Contractor shall notify the property owner prior to commencing any work that would knowingly cause any inconvenience. It shall be the Contractor's responsibility to avoid any contamination of new work because of sewage being discharged during the work and shall avoid any creation of any nuisance. SP -4-4.1 Method of Measurement Sanitary sewer service line relocations will be measured as a complete item for each location regardless of individual length and/or number of fittings required to complete the relocation. All material, laying of pipe, trench excavation, backfill, cleanup, etc., will not be measured separately, but will be considered subsidiary to this item. SP -4-5.1 Basis of Payment Sanitary sewer service lines, acceptably completed, as provided above, including fittings, will be paid for at the contract unit price bid per each, which price shall be full compensation for furnishing all materials, and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: Item SP -4-5.1 Relocate Sanitary Sewer Service - per each I I I J SP -4-I Li SP -5 - RELOCATION OF WATER SERVICES SP -5-1.1 Description This section covers the relocation of water services and water mains required because of interference with construction of the improvements. SP -5-2.1 Materials All materials and construction methods shall meet with the City of Fayetteville Specification Requirements for Water Services and the details on the Plans. H H L r I r I I I H L SP -5-3.1 Execution Size of water service lines shall be of the same size as the existing water service. The Contractor shall relocate any water main that conflicts with construction of the improvements. Relocation shall be constructed beyond the limits of the work area to a location suitable to the City. All material necessary to effect this relocation effort shall be subsidiary to this bid item. The Contractor shall relocate the meter sets and meter boxes out beyond the limits of the work area at a location suitable to the City. All material necessary to effect this relocation effort shall be subsidiary to this bid item. Meter boxes shall be installed level and 1" above finish grade. Trench excavation and backfill, including bedding material, pavement repair and cleanup, will not be measured separately, but will be considered subsidiary to this bid item. The Contractor shall be diligent in the relocation of water services in order that property owners be inconvenienced for as short a period as possible. The Contractor shall notify the City, prior to any main relocation and property owner prior to commencing any work that would knowingly cause any inconvenience. SP -5-4.1 Method of Measurement Water main relocation will be measured by the linear foot. All material, laying of pipe, trench excavation, backfill, pavement repair and cleanup, etc., will not be measured separately, but will be considered subsidiary to this item. Water meter and service line relocations will be measured as a complete item at each location regardless of individual length and/or number of fittings required to complete the relocation. All material, laying of pipe, trench excavation, backfill, pavement repair and cleanup, etc., will not be measured separately, but will be considered subsidiary to this item. SP -5-5.1 Basis of Payment Water main relocation, acceptable complete, as provided above, including all items necessary for construction will be paid for at the contract unit price bid per linear foot. SP -5-1 I Water meter and service lines, acceptably completed, as provided above, including ' fittings, will be paid for at the contract unit price bid per each, which price shall be full compensation for furnishing all materials, and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: Item SP -5-5.1 a Relocate Water Main - per linear foot Item SP-5-5.lb Relocate Water Service - per each SP -5-2 I L 1, I L. H H' I I 11 L_l H H SP -6 - TOPSOIL SP -6-1.1 Description This item shall consist of preparing the ground surface for topsoil application, removing topsoil from designated stockpiles or areas to be stripped on the site or from approved sources off the site, and placing and spreading the topsoil on prepared areas in accordance with this specification at the locations shown on the Plans or as directed by the Engineer. SP -6-2.1 Materials — Topsoil Topsoil shall be the surface layer of soil with no admixture of refuse or any material toxic to plant growth, and it shall be reasonably free from subsoil and stumps, roots, brush, stones (2 inches or more in diameter), clay lumps or similar objects. Brush and other vegetation which will not be incorporated with the soil during handling operations shall be cut and removed. Ordinary sods and herbaceous growth such as grass and weeds are not to be removed but shall be thoroughly broken up and intermixed with the soil during handling ' operations. The topsoil or soil mixture, unless otherwise specified or approved, shall have a pH range of approximately 5.5 pH to 7.6 pH, when tested in accordance with the methods of testing of the association of official agricultural chemists in effect on the date of invitation of bids. The ' organic content shall be not less than 3% nor more than 20% as determined by the wet -combustion method (chromic acid reduction). There shall be not less than 20% nor more than 80% of the material passing the 200 mesh (0.075 mm) sieve as determined by the wash test ' in accordance with ASTM C 117. Natural topsoil may be amended by the Contractor with approved materials and ' methods to meet the above specifications. SP -6-2.2 Inspection And Tests Within 10 days following acceptance of the bid, the ' Engineer shall be notified of the source of topsoil to be furnished by the Contractor. The topsoil shall be inspected to determine if the selected soil meets the requirements specified and to determine the depth to which stripping will be permitted. At this time, the Contractor may be ' required to take representative soil samples from several locations within the area under consideration and to the proposed stripping depths, for testing purposes as specified in SP -6-2.1. SP -6-3.1 Construction Methods - General Areas to be topsoiled shall be shown on the Plans. If topsoil is available on the site, the location of the stockpiles or areas to be stripped of topsoil and the stripping depths shall be shown on the Plans and/or described in these ' Specifications. Suitable equipment necessary for proper preparation and treatment of the ground ' surface, stripping of topsoil, and for the handling and placing of all required materials shall be on hand, in good condition, and approved by the Engineer before the various operations are started. ' SP -6-3.2 Preparing The Ground Surface Immediately prior to dumping and spreading the topsoil on any area, the surface shall be loosened by discs or spike -tooth harrows, or by other means approved by the Engineer, to a minimum depth of 2 inches (50 mm) to facilitate bonding ' of the topsoil to the covered subgrade soil. The surface of the area to be topsoiled shall be cleared of all stones larger than 2 inches (50 mm) in any diameter and all litter or other material which may be detrimental to proper bonding, the rise of capillary moisture, or the proper growth SP -6-1 I of the desired planting. Limited areas, as shown on the Plans, which are too compact to respond to these operations shall receive special scarification. Grades on the area to be topsoiled, which have been established by others as shown on the Plans, shall be maintained in a true and even condition. Where grades have not been established, the areas shall be smooth -graded and the surface left at the prescribed grades in an even and properly compacted condition to prevent, insofar as practical, the formation of low places or pockets where water will stand. SP -6-3.3 Obtaining Topsoil Prior to the stripping of topsoil from designated areas, any vegetation, briars, stumps and large roots, rubbish or stones found on such areas, which may interfere with subsequent operations, shall be removed using methods approved by the Engineer. Heavy sod or other cover, which cannot be incorporated into the topsoil by discing or other means shall be removed. When suitable topsoil is available on the site, the Contractor shall remove this material from the designated areas and to the depth as directed by the Engineer. The topsoil shall be spread on areas already tilled and smooth -graded, or stockpiled in areas approved by the Engineer. Any topsoil stockpiled by the Contractor shall be rehandled and placed without additional compensation. Any topsoil that has been stockpiled on the site by others, and is required for topsoiling purposes, shall be removed and placed by the Contractor. The sites of all stockpiles and areas adjacent thereto which have been disturbed by the Contractor shall be graded if required and put into a condition acceptable for seeding. When suitable topsoil is secured off the project site, the Contractor shall locate and ' obtain the supply, subject to the approval of the Engineer. The Contractor shall notify the Engineer sufficiently in advance of operations in order that necessary measurements and tests can be made. The Contractor shall remove the topsoil from approved areas and to the depth as directed. The topsoil shall be hauled to the site of the work and placed for spreading, or spread as required. Any topsoil hauled to the site of the work and stockpiled shall be rehandled and placed without additional compensation. SP -6-3.4 Placing Topsoil The topsoil shall be evenly spread on the prepared areas to a uniform depth of 2 inches (50 mm) after compaction, unless otherwise shown on the plans or stated in the special provisions. Spreading shall not be done when the ground or topsoil is frozen, excessively wet, or otherwise in a condition detrimental to the work. Spreading shall be carried on so that turfing operations can proceed with a minimum of soil preparation or tilling. After spreading, any large, stiff clods and hard lumps shall be broken with a pulverizer or by other effective means, and all stones or rocks (2 inches (50 mm) or more in diameter), roots, litter, or any foreign matter shall be raked up and disposed of by the Contractor. After spreading is completed, the topsoil shall be satisfactorily compacted by rolling with a cultipacker or by other means approved by the Engineer. The compacted topsoil surface shall conform to the required lines, grades, and cross sections. Any topsoil or other dirt falling upon pavements as a result of hauling or handling of topsoil shall be promptly removed. ' F SP -6-2 H I SP -6-4.1 Measurement And Payment Topsoiling will not be measured for separate payment, but is subsidiary to SECTION 2 - 2.09a "Unclassified Excavation." I J I I I H H I H I I I SP -6-3 C I I I I I I SP -7 PRECAST REINFORCED CONCRETE BOX CULVERTS SP -7-1.1 Description This item covers the construction of precast reinforced concrete box culverts at the locations shown in the Plans. SP -7-2.1 Standard Specifications Materials, manufacturing, and construction requirements shall be in accordance with SECTION 607 — PRECAST REINFORCED CONCRETE BOX CULVERTS of the Standard Specifications, except as modified or augmented herein. The manufacture and furnishing of precast reinforced concrete box culverts shall be in accordance with AASHTO M 273. The culverts shall be capable of supporting HS -20 live loading in addition to a dead load of 6 inches of ACHM Surface Course. SP -7-3.1 Construction Requirements Box culvert construction and typical section shall generally conform to the details as attached to this specification. Significant deviations from these details shall be approved in writing by the Engineer. . ' The Contractor shall provide manhole access in the forty five degree bend outside the roadway surface and shall furnish and install a Neenah R -6460-C manhole lid or an approved equal. All joints shall be filled with non -shrinking grout. ' The Contractor shall collar all joints according to the details on Plans if the gasket (sealer) specifications cannot be met or as directed by the Engineer. H H I I H u Cutting, grouting and connection of existing pipe culverts shall not be measured for separate payment, but shall be considered subsidiary work pertaining to "Precast Reinforced Concrete Box Culverts." SP -7-3.1 Method of Measurement Precast reinforced concrete box culverts will be measured by the linear foot installed, completed and accepted. SP -7-4.1 Basis of Payment Work completed and accepted and measured as provided above will be paid for at the unit price bid per linear foot for "Precast Reinforced Concrete Box Culvert", which price shall be full compensation for all materials furnished, for all work performed, and for all labor, tools, equipment and incidentals necessary to complete the work. Payment will be made under: SP -7-4.1 Precast Reinforced Concrete Box Culvert - per linear foot I SP -7-1 SCURLOCK INDUSTRIES 3725 SOUTH McCOLLUM AVE. FAYETTEVILLE, ARKANSAS 72701 501-521-0504 501-443-5533 Drawing 1 of 2 STANDARD DETAIL PRECAST REINFORCED CONCRETE BOX CULVERT SYCAMORE STREET 6' X 3' BOX CULVERT (ASTM C-850) FAYETTEVILLE, ARKANSAS TYPICAL LIFTING HOLES CONICAL, 4 REQUIRED. FIG. 1 1 1 `JOINT DETAIL FIG. 2 CHAMFER` THICKNESS (SEE TABLE) - .33 AREA SO. IN. PER FT. - .17 AREA 50. IN. PER FT. NOTES 1. REINFORCEMENT IN PRECAST BOX SECTIONS BASED ON BOXCAR DESIGN. 2. MINIMUM CONCRETE STRENGTH SHALL BE 4.000 PSI AT 28 DAYS. 3. JOINTS SHALL BE SEALED WITH BUTYL RUBBER SEALANTS. AS PER AHTD SECTION 606. 4. BOX MEETS OR EXCEEDS HS 20 LOADING. 5. NO STIRRUPS REQUIRED. .19 AREA SO. IN. PER FT. .42 AREA SO. IN. PER FT. 015TRIRUTION 1119 r r.19 AREA 50. IN. PER FT. a. L.28 AREA W. IN. PER FTJ .17 AREA SO. IN. PER FT.J FIG. 3 -.33 AREA SO. IN. PER FT. -.17 AREA SO. IN. PER FT. FILE: RC86x3-1.DWG 7/13/99 SCURLOCK INDUSTRIES 3725 SOUTH McCOLLUM AVE. FAYETTEVILLE, ARKANSAS 72701 501-521-0504 . 501-443-5533 Drawing 2 of 2 STANDARD DETAIL PRECAST REINFORCED CONCRETE BOX CULVERT SYCAMORE STREET 6' X 3' BOX CULVERT (ASTM C-850) FAYETTEVILLE, ARKANSAS TOP SLAB -OUTSIDE REINFORCEMENT, As7 2 IN. TOP DISTRIBUTION SEE flG 2 COVER REINFORCEMENT, As TYPICAL DETAIL it 1.5 IN. COVER . . . . . . . . . . . . . . . . . . . . . TAs2 1.5 IN. COVER Ass RISE 1.5 COVERER /BOT. DISTRIBUTION REINFORCEMENT, As5 —1.5 IN. COVER I 1.5 IN. COVER SYMMETRICAL SPAN 1.5 IN.I As) COVER f' 12MIN. 1.5 IN. J COVER LAP 4 CORNFRS FIG. 2 HAUNCH DESIGN LTb ze OT. SLAG -OUTSIDE REINFORCEMENT, As8 BOX SECTION INTERNAL DIMENSIONS A B C WIDTH (SPAN) HEIGHT (RISE) LENGTH 6' 3' I VARIABLE 1.5 IN. COVER —As' — Ts I— Variable I— Vorioble 3" Select Moteriol Bedding Required FIG. 3 JOINT DETAIL (VARI.) 1. CONCRETE SHALL BE 4.000 PSI AT 28 DAYS. JOINTS SHALL BE SEALED WITH MORTAR, MASTIC, OR FLEXIBLE BUTYL RUBBER SEALANTS. 2. MEETS ASTM C850 FOR LESS THAN 21 OF COVER. ALL SPECIFICATION MEET AASHTO REQUIREMENTS FOR STANDARD BRIDGE DESIGN. 3. REINFORCEMENT TO MEET OR EXCEED ASTM A185. 4. END SECTION AVAILABLE ON REQUEST, 6' JOINT LENGTHS (TYPICAL) 5. DISTRIBUTION MATS (As5 X As6) INCLUDED WHEN DESIGN REQUIRES FILE: RCB6X3-2.0WG 7/13/99 THICKNESS (All 4" Minimum) D E F WALL (Ts) TOP (Tt) BOTTOM (Tb 8„ 7.. 7„ I ISP -8 - TEMPORARY AGGREGATE SIDEWALK AND SAFETY FENCE SP -8-1.1 Description The Contractor shall supply and construct a temporary aggregate sidewalk and temporary safety fence where called for on the Plans or as directed. Temporary safety fence will also be used for tree protection. 1 SP -8-2.1 Materials Materials for temporary sidewalk shall be 2" x 4" wooden planks secured to the ground and Class 7 Aggregate Base Course in accordance with SECTION 3 - ' AGGREGATE BASE COURSE. The temporary safety fence shall be typical orange mesh construction fence or approved ' alternate. SP -8-3.1 Construction Requirements The Contractor shall construct the temporary aggregate sidewalk at the locations and in accordance with the details shown on the Plans. The temporary walk shall be finished smooth to allow for pedestrian traffic. After the temporary walk is no longer required, the contractor shall remove the walk and restore the surface. The temporary safety fence shall be installed at the locations shown on the Plans and as directed by the Engineer and shall be maintained during construction as required. ' SP -8-4.1 Method of Measurement Temporary aggregate sidewalk and temporary safety fence will be measured by the linear foot. SP -8-5.1 Basis of Payment (a) Temporary sidewalk, acceptably completed as provided above, will be paid for at the contract unit price bid per linear foot for "TEMPORARY AGGREGATE SIDEWALK", which price shall be full compensation for furnishing and installing the aggregate and the wooden forms; for removal of the temporary walk; for surface restoration; and for all materials, equipment, and labor required to complete the work. (b) Temporary safety fence, acceptably completed as provided above, will be paid for at the contract unit price bid per linear foot for "TEMPORARY SAFETY FENCE", which price shall be full compensation for furnishing, maintaining, and installing the fence; ' for removal of the fence; and for all materials, equipment, and labor required to complete the work. I I L Payment will be made under: Item SP -8-5. 1 a —Temporary Aggregate Sidewalk — per linear feet Item SP-8-5.lb—Temporary Safety Fence — per linear feet I SP -8-1 I I SP -9 - PVC CONDUIT SP-9-1.1 Description The Contractor shall supply and install PVC conduit for traffic Icontrol devices where called for on the Plans or as directed by the Engineer. ' SP -9-2.1 Materials The conduit shall be a schedule 40 PVC unless approved otherwise by the City. SP -9-3.1 Construction Requirements The Contractor shall install the PVC conduit where designated on the Plans or as directed by the Engineer and shall have a minimum cover of 30 inches. PVC conduit shall be installed and connected at the joints in accordance with the manufacturer's recommendations. SP -9-4.1 Method of Measurement Work performed under this section, acceptably completed as provided above, will be measured for by the linear foot. SP -9-5.1 Bases of Payment PVC conduit will be paid for at the contract unit price bid per linear foot. This price shall be full compensation for trenching, installing conduit, backfill, and surface restoration; and for all materials, equipment, and labor required to complete the work. Payment will be made under: ' Item SP -9-5.1— PVC Conduit — per linear foot I I I J J U I SP -9-1 Li n I I L SP -10 SUBBASE COURSE SP -10-1.1 Description This item shall consist of a subbase course composed of granular materials constructed on a prepared subgrade or underlying course in accordance with these specifications, and in conformity with the dimensions and typical cross section shown on the Plans. SP -10-2.1 Materials Materials used for subbase course shall have a minimum CBR of 8 and shall be classified as a GM or GC soil type. Other materials exceeding these requirements may be used subject to the approval of the Engineer. I SP-10-3.1 Construction Methods — General The subbase course shall be placed where designated on the Plans or as directed by the Engineer. The material shall be shaped and thoroughly compacted within the tolerances specified. I H I I H I I I I H I Granular subbases which, due to grain sizes or shapes, are not sufficiently stable to support without movement the construction equipment, shall be mechanically stabilized to the depth necessary to provide such stability as directed by the Engineer. The mechanical stabilization shall principally include the addition of a fine-grained medium to bind the particles of the subbase material sufficiently to furnish a bearing strength, so that the course will not deform under the traffic of the construction equipment. The addition of the binding medium to the subbase material shall not increase the soil constants of that material above the limits specified. SP -10-3.2 Operation in Pits All work involved in clearing and stripping pits and handling unsuitable material encountered shall be performed by the Contractor at his/her own expense. The subbase material shall be obtained from pits or sources that have been approved. The material in the pits shall be excavated and handled in such manner that a uniform and satisfactory product can be secured. SP -10-3.3 Preparing Underlying Course Before any subbase material is placed, the underlying course shall be prepared and conditioned as specified. The course shall be checked and accepted by the Engineer before placing and spreading operations are started. To protect the subgrade and to ensure proper drainage, the spreading of the subbase shall begin along the centerline of the pavement on a crowned section or on the high side of pavements with a one-way slope. SP -10-3.4 General Methods for Placing The subbase course shall be constructed in layers. Any layer shall be not less than 3 inches nor more than 8 inches of compacted thickness. The material, as spread, shall be of uniform gradation with no pockets of fine or course materials. The subbase, unless otherwise permitted by the Engineer, shall not be spread more than 2,000 square yards in advance of the rolling. Any necessary sprinkling shall be kept within this limit. No material shall be placed in snow or on a soft, muddy, or frozen course. SP -10-1 I When more than one layer is required, the construction procedure described herein shall apply similarly to each layer. During the placing and spreading, sufficient caution shall be exercised to prevent the incorporation of subgrade, shoulder, or foreign material in the subbase course mixture. SP -10-3.5 Finishing and Compacting After spreading or mixing, the subbase material shall be thoroughly compacted by rolling and sprinkling, when necessary. Sufficient rollers shall be furnished to adequately handle the rate of placing and spreading of the subbase course. The field density of the compacted material shall be at least 95 percent of the maximum density of laboratory specimens prepared from samples of the subbase material delivered to the jobsite. The laboratory specimens shall be compacted and tested in accordance with AASHTO T-99. The moisture content of the material at the start of compaction shall not be below nor more than 2 percentage points above the optimum moisture content. The course shall not be rolled when the underlying course is soft or yielding or when the rolling causes undulation in the subbase. When the rolling develops irregularities that exceed %z inch when tested with a 16 -foot straightedge, the irregular surface shall be loosened and then refilled with the same kind of material as that used in constructing the course and again rolled as required above. Along places inaccessible to rollers, the subbase material shall be tamped thoroughly with mechanical or hand tampers. Sprinkling during rolling, if necessary, shall be in the amount and by equipment approved by the Engineer. Water shall not be added in such a manner or quantity that free water will reach the underlying layer and cause it to become soft. SP -10-3.6 Surface Test After the course is completely compacted, the surface shall be tested for smoothness and accuracy of grade and crown; any portion found to lack the required smoothness or to fail in accuracy of grade or crown shall be scarified, reshaped, recompacted, and otherwise manipulated as the Engineer may direct until the required smoothness and accuracy are reobtained. The finished surface shall not vary more than V2 inch when tested with a 16 -foot straightedge applied parallel with, and at right angles to, the centerline. SP -10-3.7 Protection Work on subbase course shall not be conducted during freezing temperature nor when the subgrade is wet. When the subbase material contains frozen material or when the underlying course is frozen, the construction shall be stopped. I J I I I H I I I I I H H L L SP -1O-3.8 Maintenance Following the final shaping of the material, the subbase shall be maintained throughout its entire length by the use of standard motor graders and Li SP -10-2 I I rollers until, in the judgment of the Engineer, the subbase meets all requirements and is acceptable for the construction of the next course. SP -10-4.1 Method of Measurement Measurement of subbase course shall be based on plan quantity which is estimated as the number of cubic yards of subbase course material ' placed, compacted, and accepted in the completed course. Measurements of subbase course will be changed to reflect changes in grade or section direction by the Engineer. Measurement shall not include material placed without authorization beyond normal lines tas called for in the Plans. SP -10-5.1 Basis of Payment Payment shall be made at the contract unit price per ' cubic yard for subbase course. This price shall be full compensation for furnishing all materials; for all preparation, hauling, placing and compacting of these materials; and for all labor, equipment, tools, and incidentals necessary to complete the item. Payment will be made under: ' Item SP -10-5.1 Subbase Course --per cubic yard I I H H H I I I I L SP -10-3 ' I ' SP -11 THERMOPLASTIC PAVEMENT MARKING SP -11-11.1 Description This item shall consist of furnishing and placing Thermoplastic Pavement Markings (TPM) in accordance with this specification and in conformity with the types, dimensions, and lines shown on the Plans or as directed by the Engineer. In general, the work shall meet the requirements of the Manual on Uniform Traffic Control Devices for Streets and Highways. SP -11-2.1 Standard Specifications This item shall be accomplished in accordance with SECTION 719 - THERMOPLASTIC PAVEMENT MARKING of the Standard Specifications, except as modified or augmented herein. I SP-11-3.1 Method of Measurement TPM will be measured by the linear foot of the color, width, and type specified. TPM (Words), (Arrows), and (Railroad Emblems) will be measured by the unit of the type specified. C C I U I I II I SP -11-4.1 Basis of Payment Work completed and accepted under this item and measured as provided above will be paid for at the Contract Unit Price bid per linear foot for Thermoplastic Pavement Marking of the color, width, and type specified, or per each for Thermoplastic Pavement Marking (Words), (Arrows), or (Railroad Emblems), of the type specified, which price shall be full compensation for furnishing and installing the markings, and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: SP -11-4.1a Thermoplastic Pavement Marking - 4" Yellow - per linear foot SP-11-4.lb Thermoplastic Pavement Marking - 4" White - per linear foot SP -11-4.1c Thermoplastic Pavement Marking - 18" White - Stop Bar - per linear foot SP -11-4.1d Thermoplastic Pavement Marking - 9" White - Crosswalk - per linear foot SP -11-4.1e Thermoplastic Pavement Marking (Words) - per each SP -11-4.1 f Thermoplastic Pavement Marking (Arrows) - per each SP -11-1 I SP -12 FLOWABLE FILL I SP-12-12.1 Description This item shall consist of the furnishing, mixing, and placing of a flowable fill mixture in pipe culvert trenches and around drainage structures located in paved areas. ' SP -12-12.2 Standard Specifications The fill shall consist of Portland Cement, fly ash, sand, and water as described in SECTION 206 - FLOWABLE SELECT ' MATERIAL of the Standard Specifications except as modified herein. No aggregate having larger particle size than the prescribed sand shall be used in the mix. ' SP -12-12.3 Mix Design: A mix design shall be prepared and submitted to the Engineer for approval all components and certified test results of flow and unit weight. Test trenches of at lease one cubic yard each shall be made to verify the consistency, ' segregation, flowabilitv. compressive strength, setting time, and difficulty of removal of the proposed mix design. The test pours shall be witnessed by the Engineer, allowed to cure for an acceptable time to determine the qualities listed, and adjusted by the Contractor as required to achieve the results intended by the Engineer. (a) Prior to placing of asphalt surfaces upon the upper surfaces of the flowable ' fill, the trench shall be proof rolled with a loaded dump truck or other acceptable piece of heavy construction equipment to determine the stability of the trench. Trenches shall be retested at intervals acceptable to the Engineer until the desired trench stability is ' achieved. Any substantial settling of the trench due to the test loads shall be corrected by the Contractor by removal or replacement of the flowable fill prior to further overlay or continued use of the mix design or construction methods. (b) The Contractor shall place the flowable fill in lifts, provide pipe restraints, or use other methods required to prevent displacement of pipe culverts or structures I. horizontally and vertically. Pipe which is displaced shall be removed and adjusted to the correct alignment. ' (c) The Contractor shall provide bulkheads, wood or metal forms, earth backfill, or any combination thereof to contain the flowable fill mixture and prevent its escape out of the trench or excavated area for the structure. ' (d) If the flowable fill fails to achieve the desired load bearing capability by the completion of that work day, the Engineer shall direct the Contractor to place steel plates over the trench, if necessary, for maintenance of through traffic or for access to residences or businesses. SP -12-12.4 Method of Measurement and Basis of Payment Flowable Fill will not be measured for separate payment but will be subsidiary to the construction of the item involved. ' SP -12-1 J:\Projects\1997\976070 (Sycamore)\Specs\Resubmittal-03-99\Tech Specs\SP-12.doc H SP -13 CITY OF FAYETTEVILLE - LANDOWNER SIDE LETTERS 'Sp -13-11.1 Description This item shall consist of the proper execution of the terms and requirements as stated in City of Fayetteville's Side Letters to the adjacent property owners. ' SP -13-2.1 Materials Materials used for Landowners Side Letters shall vary as per agreement with each adjoining landowner. ' SP -13-3.1 Construction Methods and Method of Payment The proper execution of the terms and requirements as stated in City of Fayetteville's Side Letters shall conform to the approval of the Engineer. This approval shall be in written form. (a) Secure temporary fencing along the northern edge of the temporary ' construction easement on the Gerald and Catherine Boyd residence before construction starts. This item is subsidiary to contract unit price per linear foot for "REMOVE AND REPLACE FENCE." ' (b) Contractor shall contact the tenants of the house at 833 W. Sycamore prior to construction as the tenants will need to park within the apartment complex parking lot while the drainage system is being installed under their entrance. ' This item is subsidiary to contract unit price per linear foot for "TEMPORARY AGGREGATE SIDEWALK." (c) The Contractor shall stake the new south right of way line for visual ' clarification. This item is subsidiary to contract unit price per lump sum for "SITE PREPARATION." (d) The contractor shall contact the owner of Mayes Automotive and clearly designate that the two parking spaces in the northeast corner of the existing parking lot shall remain vacant during construction. The existing curb and pavement is not to be damaged during construction. This item is subsidiary to contract unit price per each for "INLET AND JUNCTION BOXES." I I I H II SP -13-1 1:\Projects\1997\976070 (Sycamom)\Specs\Resubmittal-03.99\Tech Specs\SP-13.doc 1 FAYETTEVILLE J THE CITY OF FAYETTEVILLE, ARKANSAS July 20, 1999 Charles G. Palmer Inter Vivos Trust, Linda J. Palmer Inter Vivos Trust, Ralph Freeman Inter Vivos Trust, and Arlie Freeman Inter Vivos Trust c/o Charles Palmer 4120 Roberts Avenue Fort Smith, AR 72903 RE: Sycamore Street Job No. 97030 Tract No. 5 61€feF Letter sloe. Dear Mr. Palmer: Improvements As per a phone conversation between Ralph Freeman, property owner, and Jill Goddard, City of Fayetteville Land Agent, on Monday, July 19, 1999, the following is a list of concerns expressed relating to the construction of the proposed drainage project as it crosses your property: The existing culvert under the easternmost driveway and the open ditch to the east will be replaced with underground drainage pipe (see enclosed sketch). The ditch to the west of the easternmost driveway will remain open. The contractor will contact the tenants of the house at 833 W. Sycamore prior to construction as the tenants will need to park within the apartment complex parking lot while the drainage system is being installed under their entrance. The engineering/surveying firm has been asked to stake the new south right of way line for visual clarification. If you have any further concerns or comments, please contact Ed Connell at 444-3415, Jill Goddard at 444-3407, or in their absence, Paul Libertini, Project Engineer, at 575-8352. Sincerely yours, Jim Beavers City Engineer I I 1, L I I I I I I I I I H JB/jsg 113 WEST MOUNTAIN 72701 501 521.7700 FAX 501 575.8257 [1 I FA.YETTEVILLE C THE CITY OF FAYEITEVILLE. ARKANSAS July 12, 1999 1 Gerald L. & Catherine C. Boyd ' 2008 Cleveland Fayetteville, AR 72701 IRE: Sycamore Street Improvements Job No. 97030 Tract No. 10 I Side Letter Dear Mr. and Mrs. Boyd: ' As per a discussion with Holly Jones, representative for the City of Fayetteville, on Thursday, July 8, 1999, the following is a list of concerns expressed relating to the construction of the proposed drainage project as it crosses your property: to Secure temporary fencing will be in place along the northern edge of the temporary construction easement before construction starts. Contractor will contact renter, Robert Strauch, at 442-6320 to arrange for placement of the ' temporary fence. At the completion of the project, the fence will be reset, in as good or better condition, in its original place along your southern property line. Please note that the majority of the shrubbery acting as privacy screening is within the right of way and will be removed during construction. Contractor is to contact you at 521-5971 to identify the two trees close to fence, which you have asked to be removed, and arrange for their removal. New shrubbery may be planted on the north side of the fence for new privacy ' screening (at your expense); however, nothing is to be planted within the temporary construction easement area until after the project is completed. ' The water meter situation at 829 Kelly cannot be changed as part of this project. .You may contact Water and Sewer Maintenance at 575-8386 to arrange for them to assess the situation, offer suggestions, and schedule the work to be done, if you so wish. If you have any further concerns or comments, please contact Ed Connell at 444-3415, Jill ' Goddard at 444-3407, or in their absence, Paul Libertini, Project Engineer, at 575-8352. Sincerely yours,• Donald R. Bunn ' Assistant Public Works Director DRB/jsg ' 113WESTMOUNTAIN 72701 501521-7700 FAX 501 575-8257 FAYETTEVILLE I THE CITY OF FAYETTEVILLE. ARKANSAS July 12, 1999 Richard M. & Evelyn D. Mayes 1641 N. Leverett Fayetteville, AR 72703 RE: Sycamore Street Improvements Job No. 97030 Tract No. 7 Side Letter Dear Mr. and Mrs. Mayes: As per a discussion between Rick Mayes, Jr.; Kip Guthrie, Garver Engineering; Paul Libertini, City of Fayetteville Staff Engineer; and Jill Goddard, City of Fayetteville Land Agent, on Friday, July 9, 1999, the following is a list of concerns expressed relating to the construction of the proposed drainage project as it crosses your property: The southern edge of the proposed drainage inlet box will be adjacent to the northern edge of the existing pavement of the parking lot. The existing curb and pavement of your parking lot is not to be damaged during construction. I J Li J I I J J J u The two parking spaces in the northeast corner of your parking lot will have to remain vacated during the construction of the drainage system. If you have any further concerns or comments, please contact Ed Connell at 444-3415, Jill Goddard at 444-3407, or in their absence, Paul Libertini, Project Engineer, at 575-8352. Sincerely yours, Donald R. Bunn Assistant Public Works Director DRB/jsg I L Li J I Li 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 L ISECTION 1- SITE PREPARATION ' 1.01 Description (a) Site preparation shall cover, but not be limited to the following areas: ' (1) Area to be occupied by the improvements, (2) Necessary abutting work areas, ' (3) Any site for disposal of unsatisfactory excavated material, (4) Haul roads or streets, (5) Areas within the project that are used by the Contractor for storage areas, ' and (6) Traffic Routing / signing areas affected by maintenance of traffic (b) In the areas described in Subparagraph (a) (1), the Contractor shall remove and dispose of all trees, stumps, roots, shrubs, and other vegetation; all debris of whatever nature; all asphalt and concrete pavement, including underlying courses; all curb and gutter; parking pads, driveways or portions of driveways, regardless of material; all walls; all side drains or cross drains; all drainage structures and headwalls; all steps or walks; all concrete or masonry foundations ' (including foundations of poles or signs to be removed) or slabs; and all fences or other structures and obstructions on the site of the project which interfere with the construction of improvements and all of which are not designated or permitted to remain. The Contractor shall make his own estimate of the work required for the removal of structures which conflict with the proposed construction. All structures required to be removed may not be designated as such in the Plans. ' The Contractor shall not unnecessarily interfere with the use of any adjacent sidewalks, streets, or roads. ' Materials removed will become the property of the Contractor and shall be removed from the job site, unless specifically designated otherwise. I. All surface items such as curb and gutter, driveways, parking areas, walks, steps, asphalt and concrete pavement, and walls shall be separated or broken away from the adjacent part of any structure designated to remain in place by a vertical saw cut along the line designated 'by the Engineer. The edge of the structure left in place shall be approximately vertical with no abrupt changes in alignment. Any damage to or removal of the structure designated to remain in ' place shall be repaired or replaced at no cost to the Owner. Holes, ditches, or other abrupt changes in elevation caused by the removal operations that could obstruct drainage or be considered hazardous or unsightly shall be ' backfilled, compacted, and left in a workmanlike condition. I Existing culverts or parts thereof that interfere with the new construction shall be removed. I 1-1 I Where existing pipe culverts are to be extended or otherwise incorporated into the new work, only such part of the existing structure shall be removed as to provide a proper connection to the new work. The connecting edges or joints shall be cut, chipped, and trimmed to the required lines and grades without weakening or damaging the part of the structure to be retained. For a pipe culvert extension, the headwall and the attached end joint of concrete pipe or the flared end section on all types of pipe shall be removed to accommodate the extension. This work will not be paid for directly but will be considered included in the items involved in the culvert extension. Trenches or voids resulting from the removal or demolition of existing culverts or other structures shall be filled with approved material placed and compacted in layers in accordance with the applicable portions of SECTION 2 — EARTHWORK and SECTION 12 - UNCLASSIFIED EXCAVATION FOR STRUCTURES. Li I I L II I Masonry and reinforced concrete foundations shall be obliterated, or if in fill sections, may be left in place if covered by not less than 2 feet of embankment. Concrete foundations for poles to be removed shall be obliterated to a depth of 2 feet below finished grade or as required to accommodate new construction. The removal and disposal of the various items covered by this specification will not be measured for separate payment, but will be subsidiary to the bid item "SITE PREPARATION." (c) In areas outside of the public right-of-way or temporary construction easements, the Contractor shall make his own arrangements for staging or equipment/materials storage. (d) Damage resulting from the Contractor's operations to existing streets, driveways, or other structures designated to remain shall be repaired at the Contractor's expense. Temporary haul routes shall be removed and the area restored or constructed as shown in the Plans. (e) It shall be the responsibility of each bidder to examine the site carefully in order to make his own determination, at the time of bid preparation, of the costs that will be incurred by reason of the requirements under SECTION 1 - SITE PREPARATION. The Contractor will not be allowed compensation, additional to that herein provided, because of any claim concerning any stipulation of this paragraph. 1.02 Intermittent Cleanup The Contractor shall, periodically and as directed by the Engineer during the progress of the work, put the entire work site in a neat and clean condition, including the removal, from the job site, all discarded material, rubbish, debris, and surplus material. See SECTION 19 - CLEANUP. Li I 11 I I I H H L I 1-2 Li 1.03 Method of Measurement Site preparation will be measured as a complete item. ' 1.04 Basis of Payment (a) Site preparation acceptably completed and measured as provided above will be paid for at the contract lump sum price bid for "SITE PREPARATION," which price shall be full compensation for mobilization within project work areas; removal and disposal items; clearing and grubbing; for cleanup; and any other items required by this specification; for furnishing all materials; and for all equipment, tools, labor, and incidentals necessary to complete the work. Periodic payments will be made under this item in proportion to the amount of work accomplished, as determined by the Engineer. Payment will be made under: Item 1.04 Site Preparation - per lump sum I' H II H I H H I 1-3 1 I SECTION 2- EARTHWORK 2.01 Description (a) This section includes all earthwork necessary for the construction of streets, driveways, sidewalks, curb and gutter, ditches, and sitework within the project area. (b) This section includes the excavation, embankment construction, filling, and compacting of material required for the construction outlined in 2.01(a) above and the disposal of material unsuitable for such construction. ' (c) This section does not include the excavation and backfill of structures and pipe. Excavation and backfill of structures is included under SECTION 12 - ' UNCLASSIFIED EXCAVATION FOR STRUCTURES of these specifications. 2.02 Standard Specifications ' (a) All work shall be in accordance with the lines and grades shown on the plans, or as directed by the Engineer, and with applicable portions of SECTION 210 - ' EXCAVATION AND EMBANKMENT, and SECTION 212 - SUBGRADE of the Standard Specifications, except as modified or augmented herein. (b) All excavation performed under this Section, regardless of the material encountered, shall be classified as unclassified excavation, including ditch excavation described below. (c) The ditch excavation for channel changes or to bring ditches to minimum required section shall be in accordance with applicable portions of the Standard ' Specifications referred to under 2.02(a) above. H L Il Hi Li (d) In areas of a ditch requiring no excavation, Subparagraph 1.01 shall apply to the extent that all trees, shrubs, heavy vegetation, or any other obstructions to water flow shall be removed as directed by the Engineer. The Contractor shall not work outside of existing right-of-way or easements provided by the Owner. (e) All ditch excavation shall be completed to the required grade shown on the Plans or as directed by the Engineer. 2.03 Over -Excavation Where excavation is carried below or beyond that required, the space shall be filled to grade with suitable material and thoroughly compacted as directed by the Engineer. The Contractor will not be entitled to additional compensation for such over -excavation or the necessary refilling, unless the Owner or its agent is responsible for the error. L 2-1 I 2.04 Use of Suitable Excavation (a) Suitable excavation shall be used for embankment construction, and where needed, for backfilling. (b) Embankment construction and backfills will not be measured for separate payment, but will be considered subsidiary to "Unclassified Excavation." (c) Suitable excavation not needed for work described in 2.04(a) above shall be disposed of by the Contractor off -site. (d) Excavation unsuitable for use shall be disposed of by the Contractor off -site. (e) The Contractor is expected to construct embankment from suitable excavated material, and it may be necessary to stockpile a portion or all of this material for later use. The stockpiling and rehandling will not be paid for separately but will be subsidiary to "Unclassified Excavation." The Contractor will be required to replace with suitable borrow material, at no additional compensation, any suitable excavated material needed for the work which was wasted by the Contractor. (f) Before beginning any excavation or embankment, the areas where the excavation or the embankment are to be made shall be stripped to a minimum depth of 6 inches. Stripping will not be measured for separate payment, but will be considered subsidiary to the item "Unclassified Excavation." Topsoil obtained from the stripping operation shall be salvaged and stockpiled for later use. Topsoil salvaged from the stripping operation, and then later rehandled, will not be measured for separate payment, but will be considered subsidiary to the item "Unclassified Excavation." 2.05 Compaction of Earthwork (a) Compaction shall be in accordance with applicable parts of SECTION 210 - EXCAVATION AND EMBANKMENT of the Standard Specifications, except as herein modified. (b) All compaction shall be to a density not less than ninety-five percent (95%) of maximum density, at optimum moisture, obtained in the laboratory. Samples for laboratory tests and field determination will be taken by the Engineer and at the expense of the Owner, except that the Contractor shall assist the Engineer in the making of field determinations. C I I I I H H H I Li H 2-2 Cl H I I I I I I (c) The moisture -density relationship of the material shall be determined in the laboratory in accordance with AASHTO Designation T 99, modified to use material passing a 3/4 -inch sieve. The field determination of material in place shall be in accordance with AASHTO Designation T 191, or T 205, or T 238. (d) The Contractor will not be required to furnish a field laboratory. 2.06 Borrow Material (a) Borrow material, when required, shall be in accordance with SECTION 210 EXCAVATION AND EMBANKMENT of the Standard Specifications, except as herein modified. (b) The Contractor shall obtain the source, or sources, of borrow material and shall pay all royalty charges in connection therewith. ' (c) The Contractor shall obtain written permission from the Owner for the use of haul roads within the City. Both within and outside the City, he shall maintain the haul route free from spillage by his vehicles. He shall clean the haul route surface as often as ' necessary to avoid the creation of a public nuisance. He shall repair and restore the surface of all haul roads which have been damaged by his operations. 2.07 Subgrade (a) Subgrade for paved areas shall be compacted in accordance with the provisions of paragraph 2.05. (b) Subgrade for concrete sidewalks and steps shall be in accordance with requirements specified in SECTION 9- CONCRETE SIDEWALKS AND STEPS. (c) Preparation of subgrade will not be measured for separate payment, but shall be considered subsidiary to "Unclassified Excavation." ' (d) Subgrade soils with a liquid limit greater than 40, or a plasticity index greater than 15, or a CBR value of less than eight (8) shall be undercut to a depth determined by the Engineer and removed from the street section or improved by a designed ' method of stabilization accepted by the City Engineer. Other soils which the Engineer determines cannot be properly compacted shall also be undercut to a specified depth. This excavated unsuitable material shall be disposed of off -site. Backfill for undercut areas shall have a minimum CBR of 8 and shall be classified as a GM or GC soil type. Other materials exceeding these requirements may be used as backfill, ' subject to the approval of the Engineer. Backfill shall be placed and compacted in 8 -inch maximum lifts in accordance with paragraph 2.05. Li 2-3 I 2.08 Method of Measurement (a) Unclassified excavation and embankment construction is illustrated by the cross sections and the proposed typical section. Unclassified excavation and embankment construction shall be measured in its entirety as a lump sum price for all earthwork required to grade the site from its existing condition to the grades and final elevations shown on the Plans, including the formation of embankments, all in accordance with the Plans and the requirements of this section. The Contractor shall make his own estimate of the suitability of the existing excavation for the formation of embankment, and the amount of borrow excavation from off the project site that will be required. No computation of actual volumes has been made by the Engineer. At the end of each pay period, the Engineer will estimate the percentage of excavation complete without actual survey. This will be the quantity used for final payment with the exception that revisions will be made for adjustment in the profile or typical section during the construction of the project. (b) Undercut Excavation shall be measured from the surface of the ground, after stripping has been accomplished, or from the bottom of the planned excavation, to the depth of the undercut as directed by the Engineer. Measurements will be taken by the Engineer, and the volume of undercut will be calculated by the average end area method. The necessary refilling of undercut areas will not be measured for separate payment, but will be subsidiary to Undercut Excavation. Only that amount of undercut directed by the Engineer will be measured for payment. (c) Compaction of earthwork will not be measured for separate payment but will be considered subsidiary to "Unclassified Excavation." 2.09 Basis of Payment (a) For "Unclassified Excavation", payment shall be made at the contract lump sum price bid for all earthwork required to grade the site from its existing condition to the grades and final elevations shown on the Plans, including the formation of embankments, all in accordance with the Plans and the requirements of this section. The Contractor shall make his own estimate of the suitability of the existing excavation for the formation of embankment, and the amount of borrow excavation from off the project site that will be required. This lump sum price shall be full compensation for all excavation; for the formation of embankment using borrow material or on -site excavated material, including hauling, spreading, and compaction; for the application of topsoil; for disposal of unsuitable material; and for all equipment, tools, labor and incidentals necessary to complete the work. (b) Payment for "Unclassified Excavation" will be made in proportion to the amount of work complete to date, but in no event will the amount exceed the percentage shown in the following payment schedule: I Li I C I U H H C I I H 2-4 H PAYMENT SCHEDULE Partial Estimates (1) Street Section to 80% Subgrade Elevation (2) After Base Course 10% Dumped and Spread (3) After Erosion Control 10% Items (Solid Sodding, Sod Mulch, Seeding, etc.) are Completed TOTAL 100% Of Bid Price (c) Undercut shall be paid for at the contract unit price bid per cubic yard for "Undercut Excavation," which price shall be full compensation for all excavation; for disposal or placement of unsuitable material, including loading, hauling, spreading, and compaction; for the refilling, rolling, and compaction of all undercut areas; and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: 2.09a Unclassified Excavation - per lump sum 2.09b Undercut Excavation - per cubic yard 2-5 I ISECTION 3- AGGREGATE BASE COURSE ' 3.01 Description This section covers all work in connection with the construction of Aggregate Base Course including Cast -in -place and Precast box culverts as shown in the Plans. Material shall be Class 7 unless otherwise specified in the Plans. 3.02 Standard Specifications Material and work for aggregate base course shall be in accordance with SECTION 303 - AGGREGATE BASE COURSE, of the Standard ' Specifications for Class 7 unless modified or augmented herein 3.03 Tests Material will be acceptable from quarries or crushing plants which currently are, or recently have been, supplying material meeting the Standard Specifications for Aggregate Base Course. In -place density shall be determined by AASHTO T 191, T 205, or T 238 of not less than 100% of maximum density determined in the laboratory by AASHTO T180. 3.04 Maintenance The Contractor shall maintain the base course until and during the ' construction of the subsequent base or surface course. Defects that develop in the base course shall be repaired by the Contractor at the Contractor's expense. I3.05 Method of Measurement ' (a) Aggregate Base Course will be measured by the ton of two thousand (2,000) pounds, as determined by weighing on accurate, approved scales as described in Article 109.01(f), Standard Specifications. Each truck shall bear a plainly legible identification ' number and, upon being weighed, shall be given two (2) copies of a delivery ticket which will have on it the number of the truck, time of departure, truck weight, combined weight, and project name. The Engineer shall receive a copy of each delivery ticket for the ' computation of pay quantities. Aggregate base course used in the construction of other items which are measured separately shall not be measured in this item. 3.06 Basis of Payment ' (a) Aggregate Base Course, acceptably completed and measured as provided above, will be paid for at the contract unit price per ton for "AGGREGATE BASE COURSE" for the class specified which price shall be full compensation for furnishing the ' material; for hauling, placing, spreading, and compacting; and for all equipment, tools, labor, and incidentals necessary to complete the work. (b) Payment for "AGGREGATE BASE COURSE" will be made in proportion to amount of work completed to date in accordance with the following payment schedule: I I 3-1 17i�`/TU Ia1I.Y Partial Estimates (1) Aggregate Base Tons of Base Course Dumped and Course Dumped Spread and Spread to date x 50% (2) Aggregate Base Course Compacted Payment will be made under: Tons of Base Course Compacted to date x 50% Item 3.06 Aggregate Base Course (Class 7) - per ton 3-2 H ISECTION 4- PRIME COAT AND TACK COAT 4.01 Description (a) Prime coat or tack coat shall consist of a single application of bituminous material, applied on the completed and approved aggregate base course, at the rate shown on the Plans or approved by the Engineer. I r I 11 I I I C I I I (b) All work under this section shall be in accordance with details shown on the Plans and with these Specifications. 4.02 Standard Specifications Material and work for this section shall be in accordance with SECTION 401 - PRIME AND TACK COATS of the Standard Specifications, that concerns prime coats, or tack coats, unless modified or augmented herein. 4.03 Materials The type of bituminous material to be used is not designated on the plans or in these specifications, except that, in general, prime coat shall be a medium curing cut back asphalt, and a rapid curing cut -back for tack coats. The Engineer will select the particular grade of asphalt, depending on the season of the year and texture of the base material. 4.04 Method of Measurement (a) Prime and tack coats will not be measured for payment. 4.05 Basis of Payment (a) Prime and tack coats acceptably completed shall be subsidiary to the ACHM surface course, binder course, or aggregate base course for which the tack or prime coat is applied. I 4-1 I ISECTION 5- ASPHALT SURFACE AND BINDER COURSE 5.01 Description (a) This section covers the Asphalt Concrete Hot Mix Surface Course and Asphalt Concrete Hot Mix Binder Course. (b) Materials, equipment, and construction methods for Asphalt Concrete Hot Mix Binder Course shall be in accordance with SECTION 406 - ASPHALT CONCRETE HOT MIX BINDER COURSE, SECTION 409 - MATERIALS AND EQUIPMENT FOR ASPHALT CONCRETE PLANT MIX COURSES, and SECTION 410 - CONSTRUCTION REQUIREMENTS AND ACCEPTANCE OF ASPHALT CONCRETE PLANT MIX COURSES of the Standard Specifications, except as modified or augmented herein. The mineral aggregate shall be Type 2. (c) Materials, equipment, and construction methods for Asphalt Concrete Hot Mix Surface Course shall be in accordance with SECTIONS 407, 409, and 410 of the Standard Specifications, except as modified or augmented herein. The mineral aggregate shall be Type 2. (d) All work shall be in accordance with details shown on the Plans and with the Specifications. (e) The ambient (air) temperature shall be determined as follows: the thermometer placed in the shade, three feet above the ground. 5.02 Design and Ouality Control of Asphalt Mixtures The Design of Asphalt Mixtures and the Contractor's Quality Control sampling and testing of the asphalt mixtures shall be in accordance with SECTION 404 - DESIGN OF QUALITY CONTROL OF ASPHALT MOXTURES of the Standard Specification, except as modified herein. 5.03 Method of Measurement Asphalt Concrete Hot Mix Surface and Binder Course will be measured by the ton (2,000 pounds) of each mixture used in the accepted work. Recorded batch weights or truck scale weights will be used to determine the basis for the tonnage. Measurements shall include only the actual amounts placed within the lines shown on the Plans, or as directed by the Engineer. 5.04 Basis of Payment Asphalt Concrete Hot Mix Surface and Binder Course, acceptably completed, and measured as provided above, will be paid for at the contract unit prices per ton bid for "ASPHALT CONCRETE HOT MIX SURFACE COURSE", "ASPHALT CONCRETE HOT MIX BINDER COURSE", which prices shall be full compensation for furnishing, hauling, placing, and compacting all materials; and for all equipment, tools, labor, and incidentals necessary to complete the work. I 5-1 C Payment will be made under: Item 5.04a Asphalt Concrete Hot Mix Binder Course - per ton ' Item 5.04b Asphalt Concrete Hot Mix Surface Course - per ton I H H I I H H I H I I I H 5-2 H ISECTION 7- DRIVEWAYS, DRIVEWAY EXTENSIONS, AND APRONS 7.01 Description This section covers the construction of Driveways, Driveway Extensions, and Aprons to the lines and grades shown on the Plans or as directed by the Engineer. ' 7.02 Materials (a) The construction material of driveway extensions shall generally conform to the material of the existing driveways. The beginning portion of the driveway shall be of ' Portland Cement Concrete Pavement as shown in the Plans. (b) Materials for Concrete Driveways, Driveway Extensions, and Aprons shall ' be in accordance with SECTION 505 - PORTLAND CEMENT CONCRETE DRIVEWAY of the Standard Specifications. ' (c) Materials for Asphalt Driveway Extensions shall be in accordance with applicable portions of SECTION 3 - AGGREGATE BASE COURSE; SECTION 4 = PRIME COAT AND TACK COAT, AND SECTION 5 - ASPHALT SURFACE AND BINDER COURSE of these specifications. (d) Materials for gravel driveways shall be in accordance with SECTION 3 - ' AGGREGATE BASE COURSE. 7.03 Construction Methods The construction of driveways shall be in accordance with ' the details in the Plans and the applicable sections of these Specifications for the type of construction material specified. Sections of these specifications considered applicable are as follows: SECTION 2- EARTHWORK ' SECTION 3- AGGREGATE BASE COURSE SECTION 5 - ASPHALT SURFACE AND BINDER COURSE 7.04 Method of Measurement (a) Concrete Driveways, Driveway Extensions, and Aprons will be measured by the square yard. (b) Asphalt driveway extensions shall be measured for payment in accordance with the provisions in SECTIONS 3- AGGREGATE BASE COURSE and SECTION 5 — ASPHALT SURFACE AND BINDER COURSE. (c) Gravel driveway extensions shall be measured for payment in accordance with the provisions in SECTION 3 -AGGREGATE BASE COURSE. 1 7-1 1 I 7.05 Basis of Payment (a) Concrete Driveways, Driveway Extensions, and Aprons acceptably completed and measured as provided above will be paid for at the contract unit price per square yard bid for "CONCRETE DRIVEWAYS" which price shall be full compensation for furnishing all materials, including the base materials as detailed in the Plans and including reinforcing steel that might be required; for preparation of the subgrade and base materials; and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: Item 7.05 Concrete Driveways - per square yard I n I I I I H L I I 7-2 I SECTION 8- CONCRETE CURB AND GUTTER 8.01 Description This section shall consist of the construction of Concrete Curb and Gutter at the locations shown on the Plans or as directed by the Engineer. 8.02 Standard Specifications Materials and work for Concrete Curb and Gutter shall be in accordance with SECTION 634 - CURBING of the Standard Specifications, except as modified by SECTION 11 - CONCRETE AND REINFORCING STEEL of these Specifications, and except as 'modified or augmented in this section of the Specifications. 8.03 Tests Tests shall be in accordance with SECTION 11 - CONCRETE AND REINFORCING STEEL of these Specifications. 8.04 Forms Article 634.03(b) of Standard Specifications shall be augmented as follows: (a) Form for curb and gutter on tangent shall be steel forms, taking into consideration standard lengths of such forms. (b) Forms in curved sections may be substantially built wood forms. (c) The Engineer shall approve all forms before they are used on the job and shall inspect them periodically. When forms appear to be unsatisfactory in any way, either before forms are used, during forming operations, or during the placing of concrete, the Engineer shall order the work stopped until the defects have been corrected or the defective forms are replaced by tsatisfactory ones. 8.05 Placing and Finishing That part of Article 634.03(c)(1) of Standard Specifications which ' relates to placing and finishing shall be replaced by the following requirements: (a) Concrete shall be dry enough to permit early removal of face forms, if used, for the ' curb section; it shall not be so dry but what adequate tamping and spading will ensure adequate compaction and surfaces free from honeycomb. The subgrade shall be wetted before placing the concrete. (b) The surface shall be shaped to the required section, finished with a steel trowel, and lightly brushed to produce a uniform surface of slightly roughened texture. The exposed edge of the ' gutter at the front form, and the exposed edge of the curb at the back form, shall be edged with an edging tool having a radius of approximately 1/8 inch. ' (c) At the Contractor's option, shaping may be done by a steel screen, shaped to exact curb and gutter section, riding upon the tops of front metal template. The Contractor shall be responsible for construction within the tolerances allowed by this section. The shaping operation ' shall be repeated as often as necessary to attain the required results. I 8-1 I I (d) If templates are used to control shape, they shall be of metal and securely fastened in position at intervals not exceeding ten (10) feet. Templates shall be normal to the grade of the gutter and to the centerline of roadway. 8.06 Joints Article 634.03(d), Joints, Standard Specifications, for Concrete Curb and Concrete Curb and Gutter shall be deleted in its entirety, and substituted therefore shall be the following: (a) Premolded expansion joint material shall be placed between the curb and gutter and any concrete construction that otherwise would abut against it. Joint material shall be 1/2 inch thick. Premolded joint material shall be of the nonextruding type, and shall conform to AASHTO designation M 213. (b) Expansion joints shall be constructed at the ends of curb and gutter, at the points of curvature of returns to streets and driveways. Intermediate expansion joints shall be constructed so that the maximum distance between joints is sixty (60) feet or as otherwise controlled by details on the Plans. The joint material shall extend entirely through the curb and gutter section and, before the joint can be considered completed, must be trimmed to curb and gutter section. (c) Contraction joints shall be 1/8" to 3/8" x 1-1/2" and shall be placed at fifteen (15) foot intervals between expansion joints or as otherwise controlled by details on the Plans. Contraction joints shall be formed by sawing, unless otherwise specified, and sealed. (d) Joints shall be normal to the grade for gutter and the centerline of the roadway. Where curb and gutter is constructed adjacent to rigid pavement such as at sidewalks, the location and width of joints shall coincide with those in the pavement, where practicable. All joints shall be sealed with material meeting the requirements of SECTION 501 - PORTLAND CEMENT CONCRETE PAVEMENT, Article 501.03(h) of the Standard Specifications. 8.07 Placement Concrete Curb and Concrete Curb and Gutter shall be one -course, monolithic, between expansion joints. 8.08 Method of Measurement Work required by this Section shall be measured by the linear foot. Each continuous section of the Concrete Curb and Gutter of the type constructed, will be measured along the back edge of the curb; measurements shall include the space occupied by all joints. Measurements shall not include the distance across inlet structures. The quantity on the estimate will be the sum of the several measurements, to the nearest 0.1 linear foot. 8.09 Basis of Payment Work acceptably completed and measured as provided above will be paid for at the contract unit price per linear foot bid for "CONCRETE CURB AND GUTTER," which price shall be full compensation for furnishing all materials, including joint material; for all reinforcing steel; for all excavating, fine grading, and backfilling; for placing, finishing and curing; and for all equipment, tools, labor, and incidentals necessary to complete the work. I 8-2 1 C ISECTION 9- CONCRETE SIDEWALKS ' 9.01 Description This item shall consist of the construction of concrete sidewalks at locations shown on the plans or as directed by the Engineer. All materials and work shall be in accordance with details shown on the Plans and with these Specifications. 9.02 Standard Specifications Materials and work shall be in accordance with City of Fayetteville Ordinance # 4005 (attached), SECTION 633 - CONCRETE WALKS AND STEPS of ' the Standard Specifications, except as modified by SECTION 11 - CONCRETE AND REINFORCING STEEL, and except as modified herein. I I H I I I I H I Li I L I 9.03 Not Used 9.04 Joints (a) Expansion joints shall be constructed at locations where sidewalk abuts curb or walls and other structures and shall be in accordance with applicable requirements of SECTION 8 - CONCRETE CURB AND GUTTER. (b) Contraction joints shall be sawcut at 5 or 6 -ft. intervals to a depth of 0.25 multiplied by the thickness, unless specifically directed otherwise. 9.05 Method of Measurement Concrete Sidewalks will be measured by the square yard. The measurement shall be composed of the horizontal width multiplied by the horizontal length. 9.06 Basis of Payment Work acceptably completed and measured as provided above, will be paid for at the Contract Unit Price per square yard bid for "CONCRETE SIDEWALK," which price shall be full compensation for furnishing and placing all materials, including expansion joint materials; for preparation of subgrade; and for all equipment, tools, labor and incidentals necessary to complete the work. Payment will be made under: Item 9.06 Concrete Sidewalk - per square yard 9-1 1 I I ORDINANCE NO. 4005 IAN ORDINANCE AMENDING CHAPTER 98: STREETS AND SIDEWALKS, SECTION 98.67: SPECIFICATIONS OF THE CODE OF FAYETTEVILLE, TO PROVIDE STANDARDS FOR SIDEWALKS, DRIVEWAY APPROACHES, AND ACCESS RAMPS. I I I L L BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Chapter 98: Streets and Sidewalks, Section 98.67: Specifications of the Code of Fayetteville, is hereby deleted and the following shall be inserted in its stead. § 98.67 SPECIFICATIONS. (A) Sidewalks. (See: Illustration, Residential Type Sidewalk). (1) Grades: establishment of property lines. All sidewalks, street curbing and guttering, and driveway approaches shall be constructed in grades as established by the city official. It shall be the responsibility of the owner to establish property lines by competent survey at his own expense. •' (2) Minimum width of sidewalks. The minimum width of sidewalks shall follow the guidelines of Section 8.2, Master Street Plan of the General Plan 2020. L C L L H I I Li (3) Sidewalk distances from the curb. The sidewalk setback distance from the curb shall follow the guidelines of Section 8.2, Master Street Plan of the General Plan 2020. (4) There shall be a minimum of one (1) foot between the sidewalk and the beginning of a slope as shown on the typical section detail. (5) Cement -concrete requirement. All sidewalks, street curbing and guttering, and concrete driveway approaches shall be constructed of a Portland cement concrete mixture which will produce a concrete of a compressive strength of 3,000 pounds per square inch after 28 days set under standard laboratory methods. (6) Minimum thickness of sidewalks and driveway approaches. The minimum thickness of sidewalks shall be four (4) inches with any fill materials required for residential or commercial sidewalks consisting of approved compacted base material. The minimum thickness of residential driveway approaches shall be four (4) inches with four (4) inches of compacted base material or six inch by six inch 10 guage reinforcing steel. The minimum thickness of commercial driveway approaches shall be six (6) inches with six (6) inches of compacted base material or six inch by six inch 10 guage reinforcing steel. L I1 Page 2 Ordinance No. 4005 (7) Sidewalks shall conform to ADA guidelines. (8) Sidewalks shall be continuous through driveways with a cold joint or expansion joint at the edge of the sidewalk opposite the street. (9) The sidewalk edge adjacent to the street shall have at least a one (1) inch deep grooved joint mark (can be a cold joint) to clearly define the sidewalk through the driveway and approach. (10) The sidewalk elevation shall be two percent above the top of the curb, sloping two percent towards the curb (one-fourth inch in each foot). This elevation shall be continuous through the driveway and approach. (11) Sidewalks that are to be located at their intersection with the requirement of the two percent maximum (12) The area remaining betwe called the approach to the driveway, shall constructed adjacent to the curb shall be so approach and the driveway that the ADA vertical slope is met. mn the sidewalk and the flow -line of the gutter, slope up to the elevation of the sidewalk. (13) Wood shall not be acceptable in sidewalks for expansion joints. The joint material shall be the same as approved for AHTD sidewalk construction (AASHTO M 213). (14) Full depth expansion joints (4 inches) shall be provided at not greater intervals than 50 feet. One -quarter depth (1 inch) weakened plane joints or saw -cut joints shall be placed in sidewalk at regular intervals not greater than 10 feet apart. (15) All sidewalks and curb cuts made for driveway approaches require an inspection prior to the concrete pour. (16) The material used for sidewalk construction shall be Portland Cement Concrete having a broom finish. The use of other materials much have the approval of the Sidewalk and Trails Coordinator. (17) All sidewalks shall have one-half inch rolled edges. (18) Removal and replacement of broken sidewalks require vertical sawcuts on both ends of the sidewalk being replaced. (19) All sidewalks and driveway approaches require the application of a concrete curing compound or the concrete is to be kept moist for seven (7) days. I H I I H L I J I I C I IPage 3 Ordinance No. 4005 1 B. Driveway Approaches. (See: Illustration, Standard Driveway Approach ' Residential). (1) Curb, if existing, shall be removed for full width of the drive approach. ' (2) All concrete to be removed shall be saw -cut. (3) Horizontal curb cutting along the flow -line of the gutter is allowed. (4) If no horizontal curb cut is made, complete curb and gutter removal is required. (5) Broken edges of saw -cuts caused by demolition require a new saw -cut. (6) Width of driveway approaches. The width of commercial driveway approaches shall not exceed 40 feet measured at right angles to the center -line of the driveway approach. The width of residential driveway approaches shall not exceed 24 feet measured at right angles to the center -line of the driveway approach. The minimum width shall not be less than 10 feet. I L H I I J I I (7) Safety zones. Safety zones between driveway approaches shall not be less than the distance designated for distances between curb cuts in the standards for street design of the subdivision regulations of Ordinance No. 1750 of the city. On streets of higher use designation than collector, the standards for collector streets shall apply. Curbs shall be installed to prohibit vehicle parking and access in safety zones. The barrier line nearest the street or highway shall be on line with existing curbs, or established curb lines, but not less than 22 feet from the center of the pavement; provided the city official does not require a greater distance when needed to preserve the safety and utility of the street or highway or provide conformance with proposed street or highway improvements. The curb cut for a driveway approach (other than for a single- family residential lot) shall be located a minimum of 12 V2 feet from the nearest property line: curb cuts between driveway approaches on single-family residential lots shall be separated by a minimum of 10 feet. The curb cut for a driveway approach on a single- family residential lot shall be located a minimum of 5 feet from the side property line; provided, this requirement shall not apply to a joint driveway (driveway approach providing access to two adjoining lots), or residential lots on the turning circle of a cul- de-sac. (8) Safety zones at intersections and corners. No driveway approach shall be constructed less than the distance from the corner of a street or highway intersection designated in the standards for street design of the subdivision regulations of Ordinance No. 1750 of the city; provided the city official may require a greater distance between the comer and the driveway approach to preserve the safety of the street or highway; provided further the city may require the property owner to designate a driveway approach "for entrance only" or "for exit only" where more than one driveway approach L provided access to the property in order to preserve the safety of the street or highway. On streets of a higher use designation than collector, the standards for distances between curb cuts for collector streets shall apply. (9) Variations. The city official may grant variations where strict enforcement would be impractical due to circumstances unique to the individual property under consideration. C. Access Ramps (Installation guidelines). (See Fig. 11, Fig. 12 & Fig. 13) (1) Access ramps shall conform to ADA requirements. (2) Access ramps shall be installed at all sidewalk intersections with the street. I I I I I (3) Access ramps shall be installed in a direct parallel direction to the sidewalk. Note: Therefore, many curb radii will require two (2) access ramps. (4) The raised or built-up access ramp shall not be installed on public streets without the approval of the Street Superintendent. (5) The minimum width of a curb ramp shall be 36 inches and 48 inches is recommended, exclusive of flared sides. I I (6) The slope of the ramp shall not be greater than 8.33 percent (1:12). ' (7) The slope of the flared sides shall not be greater than 10 percent (1:10). (8) Access ramps shall have a broom finish. PASSED AND APPROVED this 19th day of November , 1996. ATTEST: By: Tracy Paul, City Clerk APPROVED: By: Fred Hanna, Mayor I L L I I L L 3 1 1'-0" MIN. 1'-0" MIN. SLOPE SIDEWALK 1/4" PER FOOT WIDTH PER PLAN SCORING LINES RESIDENTIAL TYPE SIDEWALK rN SIDEWALKS TYPICAL SECTION DETAIL W 3 CURB FACE DEPRESSED CURB FLOW LINE 7 JOIN SIDEWALK x. W X G W J 0 N 3 as 0 P A ~ __ TOP OF CURB FLOW LINE R EDGE OF GUTTER PLAN RESIDENTIAL NO SCALE JOIN SIDEWALK A Federal Register / Vol. 56, No. 144 / Friday. July 26, 1991 / Rules and Regulations 35435 4.8 Ramps X Adjoining slope shall not exceed 120 ane walk Street (a) Flared Sides If X is less than 48 In, then the slope o/ the flared side shall not exceed 1:12. Fig. 11 Measurement of Curb Ramp Slopes ^'-Ming or other •walking surface (b) Returned Curb Fig. 12 Sides of Curb Ramps �� t0 Fig. 13 Built -Up Curb Ramp I ISECTION 10 - INLETS AND JUNCTION BOXES ' 10.01 Description This section covers all work in connection with the construction of various types and sizes of inlets, junction boxes and flumes included in this Contract, in accordance with details shown on the Plans and with these Specifications. ' 10.02 Standard Specifications All work under this section shall be done in accordance with SECTION 609 - DROP INLETS AND JUNCTION BOXES of the Standard Specifications, except ' as modified or augmented herein. 10.03 Materials Cement, aggregate, and water shall conform to the requirements for materials as provided in SECTION 11 - CONCRETE AND REINFORCING STEEL of these Specifications. 10.04 Construction Methods (a) Forms, concrete, and reinforcing steel shall be in accordance with applicable requirements of SECTION 11 - CONCRETE AND REINFORCING STEEL, and with additional stipulations as follows: ' Inside wall forms shall be removed prior to the erection of forms for top slabs. The supports for the top slab forms shall be positioned in such a manner that will result in a minimum of interference with the free flow of water. (b) Joints, finish, and curing shall conform to the applicable portions of SECTION 11 - CONCRETE AND REINFORCING STEEL. ' 10.05 Cast -in -Place Inlets and Junction Boxes ' (a) Cement, aggregate, and water shall conform to the requirements for materials as provided in SECTION 11 - CONCRETE AND REINFORCING STEEL with the further provision ' that a maximum of two (2) percent calcium chloride may be added to the concrete to speed the set. (b) Dimensions of bases, inverts, barrel sections, throats, steps, and tops shall be in ' accordance with the details shown on the Plans. (c) The vertical forms, wall spacers, steps, and placing cone must be carefully positioned and firmly clamped in place before any placement is made. The first placement shall consist of the base concrete deposited evenly around the walls. When this lift is complete and before additional concrete is added, the concrete shall then be deposited in evenly distributed layers of eighteen (18) inches with each layer to be sufficiently vibrated to ensure bonding to the previous layer. Li I 10.06 Yard Drains (a) Yard Drains shall be constructed with 18" reinforced concrete pipe with the use of a pipe elbow or tee, as the case requires, at the bottom of the drain. 10.07 Rebuild Inlets (a) Existing inlets shown on the Plans that are to have the top slab replaced to match the new curb and gutter or otherwise rebuilt shall be constructed in accordance with this Section and the details in the Plans. I J I (b) The new portion of the inlet shall be adequately tied to the existing structure as shown in the Plans or as determined by the Engineer. 10.08 Method of Measurement Inlets and junction boxes, acceptably completed will be measured per each, for the type specified. 10.09 Basis of Payment Inlets and junction boxes will be paid for, in accordance with the payment schedule below, at the contract unit price bid each for the various types of structures called for in the Unit Price Schedule, which prices shall be full compensation for constructing the inlets or junction boxes; for all excavation and backfill; and for all materials, equipment, tools, labor, and incidentals necessary to complete the work. The payment for inlets and junction boxes measured as provided in this section will be made according to the following schedule: PAYMENT SCHEDULE Description of Progress 1. Footing of Inlet 2. Footing and Vertical Walls of Inlet 3. Inlet Completed Payment will be made under: 10.09a Curb Inlet 10.09b Grate Inlet 10.09c Junction Box 10.09d Yard Drains % Complete % Measurement 100% 25% 100% 50% 100% 100% per each per each per each per each J J J I I I I C I Li J 10.2 J I SECTION 11 -CONCRETE AND REINFORCING STEEL 11.01 Description (a) This section covers concrete and reinforcing steel for the construction of headwalls, ' inlets, junction boxes, box culverts, wingwalls, and other concrete drainage structures; curb and gutter and sidewalk; and other miscellaneous concrete structures shown on the Plans or called for in the Specifications. (b) Additional requirements are as specified in the section of the Specifications covering the several items involved with concrete and with reinforcing steel. (c) All work shall be in accordance with details shown on the Plans and with these Specifications. 11.02 Standard Specifications Concrete and reinforcing steel shall be in accordance with the applicable portions of SECTION 802 - CONCRETE FOR STRUCTURES and SECTION 804 - REINFORCING STEEL FOR STRUCTURES of the Standard Specifications, except as modified or augmented herein. ' 11.03 Material (a) Cement ' (1) Cement shall be Portland Cement conforming to AASHTO Designation M 85, Type I. If approved by the Engineer, Type III, high -early strength Portland Cement may be used. ' (2) If concrete is mixed on the site, cement shall be delivered in plainly marked • paper sacks of not less than 94 pound net weight. ' (b) Fine Aggregate Fine aggregate shall be clean sand, coarse grained, sharp and free from clay, loam, vegetable matter, or other foreign substances. It shall be washed and screened for reasonably uniform gradation within limits as follows: ' Size Square Opening Sieve % By Weight Passing ' 3/8" 100 No.4 95-100 No. 8 70-95 • No. 16 45-85 • No. 30 20-60 No. 50 5-30 No. 100 0- 5 I L (c) Coarse Aggregate (1) Coarse aggregate shall consist of crushed stone. It shall consist of clean, hard, tough durable particles free from shale, dirt lignite or other impurities. It shall be washed and screened for reasonably uniform gradation within limits as follows: Size Square Opening Sieve % By Weight Passing 1-1/4" 100 3/4" 35 - 75 3/8" 10-30 No. 4 0- 5 (2) When tested in accordance with AASHTO Designation T 96, coarse aggregate shall have a percentage of wear not more than 40. (d) Water Water used in mixing concrete and mortar shall be free from injurious amounts of acids, alkalis, oil, sewage and vegetable matter. It shall be fit for drinking. (e) Reinforcing Steel 1 (1) Bar reinforcement shall conform to ASTM Designation A 615 or A 617, Grade 60 unless otherwise noted on drawing, up to and including No. 18 sizes. All bars shall be of deformed type conforming to current specifications of AASHTO Designation M 137. (2) Mesh reinforcement for concrete shall be cold -drawn steel wire for concrete reinforcement conforming to ASTM Designation A 82. (f) Joint Material (1) Premolded expansion joint filler strips shall be of the size and shape shown on the Plans or as required, and shall conform to the requirements of AASHTO Designation M 33 or 213. (2) Joint compound, pouring type, shall be delivered to the project in the manufacturer's sealed containers. It shall conform to the requirements of AASHTO Designation M 173. (3) Roofing felt shall conform to subparagraph 802.21(d) Roofing, SECTION 802 - CONCRETE FOR STRUCTURES, Standard Specifications. C L 1,' C I H I H H I I I 11-2 I 11.04 Samples and Tests (a) Material will be accepted on the basis as follows: (1) Cement will be accepted on the manufacturer's mill certificates of compliance with the specification requirements. (2) Aggregate will be accepted from producers who currently are furnishing, or recently have furnished, aggregates acceptable for use in construction by the Arkansas State Highway Commission; subject to such sieve analyses and quality control testing as the Engineer ' may direct. (3) Reinforcing steel will be accepted on the manufacturer's certificate that the bars conform to the specification requirements. 11.05 Storage of Materials (a) Cement shall be stored in a suitable weatherproof structure which will protect the cement from dampness. Space shall be ample so that deliveries may be stored separately, and to provide easy access for identification and inspection. Cement shall be used in the order in which it is received. ' (b) Aggregates shall be piled so that there will be good drainage, no segregation and no introduction of foreign matter. Fine and coarse aggregate shall be stored in separate stockpiles removed from each other a distance sufficient to prevent intermixing. (c) Reinforcing steel shall be placed upon timbers, or other supports, that will prevent ' its resting upon the ground surface. 11.06 Concrete Test Cylinders I I I I H (a) The initial proportioning of cement, aggregates, and water, to meet the requirements of 11.08, COMPOSITION AND STRENGTH OF CONCRETE, shall be established by tests and made in advance of the beginning of concrete operations, using consistencies suitable for the work. Specimens shall be made and cured in accordance with AASHTO Designation T 23, and tested in accordance with AASHTO Designation T 22. Trial design batches and testing shall be the responsibility of the Contractor. The proportion selected for initial use shall be subject to the approval of the Engineer. (b) As the work progresses, continuing compliance with the strength requirements of Paragraph 11.08 will be determined through the breaking of standard concrete test cylinders. 11-3 C1 (1) The making and curing of test cylinders and their testing will be done in accordance with the Standard Specifications listed in Subparagraph 11.06(a). Test cylinders shall be made in sets of three (3) cylinders. The Contractor will make and cure the test cylinders; the Contractor shall furnish the material in the making, curing and protecting of test cylinders. Sets shall be made and tested as often as deemed necessary by the Engineer. (2) The Engineer may order such change in the proportion as necessary for compliance with all requirements of Paragraph 11.08, COMPOSITION AND STRENGTH OF CONCRETE. (3) Testing of progress specimens shall be at the expense of the Owner. All tests which fail to meet the specifications herein, when tested in accordance with the cited standard methods, will be at the expense of the Contractor. 11.07 Reinforcing Steel Bar Lists Reinforcing steel bar lists shall be submitted in the manner specified in Paragraph 4, SHOP DRAWINGS, GENERAL CONDITIONS. 11.08 Composition and Strength of Concrete (a) Concrete shall be composed of Portland Cement, fine and coarse aggregates, and water proportioned in keeping with the following: (1) Minimum sacks of cement per cubic yard - 6.5 (2) Consistency range in slump, inches - 2-4 (b) Proportioning of concrete shall be by weight except that water may be measured by volume. , (c) Concrete made with Portland Cement - Type 1 shall have a minimum compressive strength at 28 days of 3,500 pounds per square inch, or as specified on the Plans; if made with Type III Portland Cement that strength shall be attained at the age of seven (7) days. 11.09 Mixing (a) On -Site Mixing (1) Concrete shall be mixed thoroughly in a batch mixer of a type designed to ensure uniform and thorough distribution of the materials throughout the mix. Its size shall be such as to produce a volume of concrete consistent with demands of structural concrete placement. It shall be equipped with a water -metering device for accurate measurement of water. Charges of cement shall be by full sacks of cement; the use of fractional sacks, or reclaimed cement will not be ' acceptable. I I LI' I I L L L H H iI J (2) All concrete shall be mixed for a period of not less than one and one-half (1- 1/2) minutes after all materials, including the mixing water, shall have been placed in the drum. The entire contents of each batch shall be discharged from the drum before any material for the succeeding batch is placed therein. When the mixing operation for each period is completed, the mixer drum shall be cleaned thoroughly. Concrete shall be deposited within thirty (30) minutes after it is mixed. (3) If the Contractor elects to use a central mixing plant, he shall provide sufficient hauling equipment, properly designed to prevent segregation and loss of mortar, and to permit discharge without segregation. When the hauling and placing operations for each period are completed, the hauling equipment shall be cleaned thoroughly. (b) Ready -Mixed Concrete (I) Ready -mixed concrete may be used at the option of the Contractor if acceptable concrete is delivered. Ready -mixed concrete shall conform to AASHTO M 157 and to, applicable portions of these specifications for on -site mixing. The concrete shall be delivered and placed within one (1) hour after all materials, including mixing water, shall have been placed in the mixing drum. (2) The Contractor shall obtain from the supplier of the ready -mixed concrete the supplier's agreement to inspection by the Engineer to the full extent deemed necessary by the Engineer. (c) Critical Temperatures (1) Concrete shall not be mixed and placed when the descending temperature is less than 40 degrees F., or a rising temperature is less than 35 degrees F. Temperatures shall be taken in the forms or other points of concrete placement. Concrete shall not be placed when there is frost or ice on forms. In the mixing of concrete, particles of frozen aggregate shall not be used. (2) If the Contractor desires to overcome the restrictions of Subparagraph (1) next above, with respect to the stated temperatures, he shall provide heating equipment adequate to maintain a temperature surrounding the concrete of not less than 40 degrees F. The Contractor shall be responsible for any defective work, and shall replace such work at his own expense. 11.10 Forms (a) Forms shall be constructed to the shape, form, lines, and grade required, and shall be maintained sufficiently rigid to prevent deformation or displacement under load. (b) Forms may be constructed of any material having sufficient strength which will pernvt a surface of satisfactory finish. They must be sufficiently tight to prevent the escape of mortar in appreciable quantity. Forms shall be clean, and oiled with form oil before concrete is placed. Care shall be exercised to avoid any coating of the reinforcing steel with form oil. L 11-5 C (c) Forms shall be set true to the required grade and alignment, and shall be supported rigidly during the entire operation of placing and finishing of concrete. The alignment and grade of all forms set shall be approved before and immediately prior to the placing of any concrete against them. (d) Forms for the tops of inlets and junction boxes shall be placed after the inside wall forms are removed, or the wall form shall be cut so as to permit the flow of water while the top form is in place. The top form shall be supported in such manner so as not to impede the flow of water while forms are still in place. (e) All form material shall be accomplished in such manner as to avoid injury to the concrete. Except as otherwise specifically authorized by the Engineer, forms for the concrete items listed below shall not be removed prior to the expiration of periods of time as follows: Sidewalks, curbs, curb and gutter, and headwalls 24 hrs. Inside walls for inlets and junction boxes 24 hrs. Outside walls for inlets and junction boxes 36 hrs. Any load -bearing form 14 days Days where temperature is below 40 degrees F. shall be excluded from the above stated time periods. Field operations may be controlled by cylinder test. For load bearing forms, the removal of forms, supports and housing, and the discontinuance of heating and curing may begin when the concrete is found to have a compressive strength of 3,500 pounds per square inch, or as specified on the plans, provided further that in no case shall supports be removed in less than seven days after placing the concrete. The Contractor shall be responsible for damage caused by premature removal of forms. 11.11 Joints (a) Joints shall be formed in the positions, and according to the details shown on the Plans. Concrete shall be monolithic from neat lines to joints and from joint to joint. (b) Construction joints not specifically shown on the Plans are to be avoided, but if made shall be as approved by the Engineer, and shall be made and located so as to minimize impairment of the strength of the structure. Where any construction joint is to be made, the surface of the concrete in place shall be roughened and cleaned thoroughly and all laitance, loose aggregate, and foreign matter removed. Forms shall be tightened as needed. Joints shall be wetted thoroughly immediately before placing the new concrete. Excess water shall be drained from the surface of the joint before the new concrete is placed. I I C L I I CI I I r C I LI I H 11-6 I I ' 11.12 Preparation for Placing Concrete I (a) Excavations for foundations shall be prepared in accordance with the applicable portions of SECTION 12 - UNCLASSIFIED EXCAVATION FOR STRUCTURES. Water shall be removed from excavations before concrete is deposited, and all loose particles and debris ' removed therefrom. The bottom of excavations shall be moistened, but not made muddy, before the concrete is deposited. (b) The interior of forms shall be cleaned of all sawdust, chips, other construction debris and all foreign matter. (c) Steel reinforcement will be inspected and shall be approved prior to the placement of concrete. Runways for buggies or wheelbarrows shall not be supported on the reinforcement. ' 11.13 Reinforcing Steel ' (a) Steel reinforcement shall be free from rust, scale, and from mortar, dirt or other objectionable coatings. It shall be placed accurately in accordance with details shown on the plans and properly secured in position. (b) Bar reinforcement shall be bent cold. H H Li I I H (1) Where bars are used in concrete which will remain in contact with earth surfaces, the bar shall be supported in position by framing, and by wire as needed, in such manner that the supports shall not remain as protrusions through the surface of the concrete; wires shall be cut off and pushed down into the concrete before the concrete has had initial set. (2) Where concrete is placed on horizontal forms, bars shall be supported by metal chairs with coated feet. (c) Splices Bar reinforcement shall be spliced where shown on the Plans. Unless otherwise shown on the Plans, the lap at each splice shall be 32 times the bar diameter, but not less than the minimum lap specified by ACI Code. 11.14 Placing Concrete (a) General (1) The Engineer shall inspect and approve the layout, alignment, grade, form work, etc., for all concrete work before placement of the concrete. Failure to have the preparatory work inspected by the Engineer could result in the removal and replacement of the work at the Contractor's expense. This inspection in no way relieves the Contractor from his responsibilities 11-7 [7 under the Contract. The Contractor shall schedule concrete work with the Engineer as much in advance as is feasible, but not less than twenty-four (24) hours ahead, and shall notify the Engineer at least twenty-four (24) hours before changing the schedule. (2) Concrete shall be placed only upon firm surfaces that are free from frost, ice, mud, and other detrimental substances. (3) Concrete shall be placed in such a manner as to avoid segregation, and to avoid displacement of reinforcement. Concrete shall be deposited as closely as feasible to its final position. Concrete shall not be dropped freely for distances greater than those specified as follows: Sidewalks, curb, curb and gutter 2 ft Retaining wall footings 3 ft Retaining walls, and bottoms and walls 5 ft of inlets, junction boxes, and box culverts Tops of inlets and junction boxes 5 ft Headwalls 5 ft (4) Concrete shall be placed to the lines, grades, and sections shown on the Plans or as directed by the Engineer. Care shall be exercised in the placing of concrete that the forms are not displaced. Honeycomb shall be prevented by proper manipulation and compaction of the concrete. (5) The maximum time interval between placing batches of concrete, shall not exceed twenty (20) minutes. (b) Curb and Gutter (1) Vibrating of the concrete will not be required if other methods of manipulation obtain acceptable results. (2) Curb and gutter shall be shaped without the use of mortar or additional cement. When the concrete has hardened sufficiently, the exposed edges of the curb and gutter shall be edged with an edging tool having a radius of approximately 1/8 inch. (c) Sidewalks (1) Concrete shall be spaded carefully, particularly along the edges, to avoid the occurrence of honeycomb and in such manner as to avoid the introduction of dirt into the concrete. A vibrator shall not be used. C L r I L L I E I LI J L1 J I L L L 11-8 Li I (2) Sidewalk shall be one course construction without mortar topping. The exposed edges of the sidewalks shall be edged with an edging tool having a radius of approximately 1/8 inch. (3) The sidewalk shall be struck off with a screed or straight edge to true grade. All scum, debris, and excess water shall be worked off the surface. (d) Concrete, other than that described in Subparagraphs (b) and (c) next above, shall be placed in accordance with stipulations that follow: (1) Concrete shall be placed to the thickness of the structural element being poured, but in no case in layers over eighteen (18) inches deep. Each layer shall be compacted by mechanical internal -vibrating equipment, supplemented by such hand spading, rodding, and tamping as the Engineer may direct. Vibrators shall not be used to transport concrete inside forms over distances so great as to cause segregation. (2) The use of form vibrators is not acceptable. Internal vibrators shall be capable of transmitting vibration to the concrete at frequencies not less than 4,500 impulses per minute. Duration of vibration shall be limited to the time necessary to produce satisfactory consolidation without causing objectionable segregation. The vibrator shall not be inserted into lower courses previously vibrated. Vibrators shall be applied to a substantially vertical position, and at uniformly spaced points not further apart than the visible effectiveness of the vibrator. (3) For the last lift of any structural element, the concrete shall be struck off with a screed or straight edge to true grade. All scum, debris, and excess water shall be worked off the surface and the surface shall be finished and cured in accordance with Paragraph 11.15 and 11.16 below. I H I I I I L 11.15 Finishing (a) Curb and Gutter (1) Gutters which will remain exposed in the completed work and the top and face of curbs shall be given a steel trowel finish, followed by a light brushing. (2) If curb face form is used, the battered face of curbs shall be given a Carborundum stone finish as specified below for exposed surfaces. If a face form is not used, finish shall be as specified in (1) above. (b) Sidewalks shall be given a steel trowel finish and shall be lightly groomed or brushed to produce a uniform surface of slightly roughened texture. I (c) All other surfaces which will remain exposed in the completed work shall be wetted thoroughly and rubbed with a medium grit Carborundum stone, followed by a second rubbing with a fine grit Carborundum stone, to obtain an entire surface of smooth texture and uniformity in color. A cement wash or plaster coat shall not be used. (d) All concrete shall be finished in accordance with stipulations as follows: (1) General Defective concrete, whether exposed or unexposed, shall be repaired or replaced as directed by the Engineer. (2) Formed Surfaces All form tie rods shall be removed, and all tie wires shall be cut back 1/4 inch. The resulting holes and depressions shall be pointed with mortar. (3) Uniform Surfaces Surfaces not to remain exposed in the completed work need no further finish if carefully struck off as required in Paragraph 11.14. 11.16 Curing (a) Immediately after placing or finishing, concrete surfaces shall be protected against moisture loss. Where formed surfaces are cured in the forms, the forms shall be kept wet. If the forms are removed before the end of the curing period, curing shall be continued for the remainder of the period using suitable means. (b) All concrete, other than retaining wall, headwall footings and bottom slabs of inlets and junction boxes shall be cured for a period of at least five (5) days. (c) Curing shall be accomplished by one of the methods, or combination of methods, described as follows: (1) The surface shall be covered with burlap, cotton mats, or other suitable fabric kept in intimate contact with the surface, or with sand which shall be kept continuously wet. (2) The entire surface shall be covered with a white pigmented curing compound, applied in a two (2) coat, continuous operation. Application shall be not less than one (1) gallon for 150 square feet of surface for each coat. The compound shall conform to the requirements of AASHTO Designation M 148. I L L L L I I L L I L L I I I I I 11-10 71 I 11.17 Method of Measurement (a) Reinforced Concrete (1) When measured for separate payment, reinforced concrete shall be measured by the cubic yard. The amount estimated will be to the nearest 0.01 cubic yard. (2) The volume to be paid for will be the actual volume within the neat lines of the structures, as shown on the Plans or as directed by the Engineer. Measurements of concrete placed against the sides of any excavation, where intervening forms have not been used, will be made only within the neat lines of the structures. No deduction will be made for round or beveled edges, or for space occupied by reinforcing steel and supports, expansion joint material, weep holes, and chamfers. I I L I C C I !'I I I (3) Measurement of reinforced concrete for separate payment by the cubic yard will be made only when the concrete is used to construct cast -in -place box culverts, wingwalls, and the box culvert transition structure as called for in the Plans. Other items as noted on the Plans and listed in the Unit Price Schedule will be measured as called for under these items. The furnishing and placing of concrete in other work shall be considered subsidiary work pertaining to the several items; the costs thereof shall be included in the respective unit prices bid. (b) Miscellaneous Measurements (1) Concrete curb and gutter will be measured as stipulated in SECTION 8 - CONCRETE CURB AND GUTTER. (2) Concrete sidewalks and steps will be measured as specified in SECTION 9 - CONCRETE SIDEWALKS AND STEPS. (3) Concrete driveways and aprons will be measured as specified in SECTION 7- DRIVEWAYS, DRIVEWAY EXTENSIONS, AND APRONS. (4) Concrete inlets and junction boxes will be measured as specified in SECTION 10 - INLETS AND JUNCTION BOXES. (5) Repair of concrete pavement over pipe culvert trenches shall be measured as specified in SECTION 17 - PAVEMENT REPAIRS. 11.18 BasisofPavment (a) Concrete acceptably completed and measured as provided above will be paid for at the contract unit price per cubic yard for "REINFORCED CONCRETE," at which price shall be full compensation for furnishing all materials, including reinforcing steel; for all forming and bracing; for mixing, transporting, placing, finishing, and curing; and for all equipment, tools, labor and incidentals necessary to complete the work. Payment will be made under: 11.18a Reinforced Concrete - per cubic yard 11 - 12 C ISECTION 12 - UNCLASSIFIED EXCAVATION FOR STRUCTURES ' 12.01 Description (a) This section covers the removal of all materials of whatever nature necessary for the ' construction of pipes, box culverts, wingwalls, storm drainage piping, headwalls, inlets and other concrete drainage structures, and retaining walls. EXCAVATION DESCRIBED HEREIN WILL NOT BE MEASURED FOR SEPARATE PAYMENT, BUT SHALL BE CONSIDERED SUBSIDIARY WORK PERTAINING TO THE INVOLVED ITEMS OF THE CONTRACT. (b) All work shall be in accordance with details shown on the Plans, or as directed by the Engineer and with these Specifications. 12.02 Standard Specifications The work involved in Unclassified Excavation for Structures shall be in accordance with SECTION 801 - EXCAVATION AND BACKFILL, Standard Specifications, for the structures involved and except as modified or augmented herein. ' 12.03 Excavation for Pipe Culverts, Storm Drainage Piping, and Other Structures (a) Trench width at the horizontal centerline of a pipe shall not exceed outside diameter of the pipe plus two (2) feet where earth backfill is used. ' (b) Other requirements with respect to pipe culverts and storm drainage piping are specified in SECTION 13 - PIPE CULVERTS and SECTION 17 -PAVEMENT REPAIRS. ' (c) Areas of excavation for headwalls, inlets, junction boxes, and retaining walls shall be selected by the Contractor except that areas shall be large enough to permit proper construction of the structures, and except that they shall not extend more than eighteen (18) inches outside the structures unless authorized by the Engineer. ' 12.04 Disposal of Excavated Material (a) To the extent suitable and needed, excavated material shall be used in backfill or ' fills. Such material shall be free from frozen material, trash, lumber, broken pieces of concrete having a dimension greater than two (2) inches or broken concrete in nests regardless of dimensions, or other debris. Such material shall be susceptible to proper compaction. Any material ' used in backfills or fills under the pavement shall conform to the requirements of SECTION SP -12 FLOWABLE FILL or the requirements of SECTION 2 - EARTHWORK, and shall be in accordance with the plans. ' (b) Excavated material unsuitable for use, or in excess of needs, shall be disposed of by the Contractor off -site, at the Contractor's expense. 1 1 12-1 I I 12.05 Standard Earth Backfill (a) Backfill of structures shall be in accordance with the following: (1) Backfill shall be made from suitable structural excavation materials, and from suitable roadway excavation materials if and as needed. Such materials shall conform to the requirements of Subparagraph 12.04(a) above. (2) Backfill shall be compacted to a density of not less than ninety-five (95) percent of the maximum density, at optimum moisture, obtained in the laboratory in accordance with AASHTO Designation T 99. Samples for laboratory tests and field determinations will be taken by the Engineer at the expense of the Owner; the Contractor shall give assistance when requested. (3) Backfill shall not be placed against concrete structures until the expiration of the curing periods specified in SECTION 11 - CONCRETE AND REINFORCING STEEL. (4) Compacting shall be obtained by the use of pneumatic or mechanically actuated tampers. Gravity hand tampers will not be acceptable. Backfill material shall be sprinkled or aerated as necessary to assure the moisture content. (5) Backfill of all concrete structures shall be made with reasonable uniformity around and along the structure. It shall be placed in six (6) inch layers, loose measurement and each layer compacted. (b) Backfill of pipe culverts and storm drainage piping shall be in accordance with the following: (1) Backfill material shall be deposited simultaneously on both sides of the pipe in layers not exceeding six (6) inches in thickness, loose measurement. It shall be compacted thoroughly under haunches of pipe on both sides for the full width of trench. This operation shall be continued to the elevation twelve (12) inches above the top of pipe. (2) Backfilling shall proceed uniformly along the entire section of pipe being backfilled. The Contractor shall be responsible for any damage to or displacement of pipe. (3) Backfill above the elevation twelve (12) inches higher than the top of pipe may be compacted by any method which will obtain the required density and which will cause no damage or displacement. Flooding of trenches will not be acceptable. (4) Backfill of pipe shall be carried to the elevations of the adjoining subgrade, or as specified in Paragraph 13.02 of SECTION 13 - UNCLASSIFIED EXCAVATION FOR STRUCTURES. F L C L C I I I H J I H HH C L L 12-2 Li I H ' (c) Backfill will not be measured for separate payment. Placing and compacting of backfill shall be considered subsidiary work pertaining to structural excavation. ' (d) Backfill serving as subgrade under pavements shall be subject to the requirements of SECTION SP -12 - FLOWABLE FILL, SECTION 2 — EARTHWORK and SECTION 17 - PAVEMENT REPAIRS. 12.06 Measurement and Payment Structural excavation for all structures, including pipe culverts, storm drainage piping, inlets, junction boxes, box culverts, etc., will not be measured for separate payment, but will be considered subsidiary work pertaining to the construction of the items. 1 H H I I I I I I I 12-3 1 I] I I I J Li SECTION 13 - PIPE CULVERTS 13.01 Description (a) This section covers reinforced concrete pipe and flared end sections at the locations shown on the Plans or as described by the Engineer. (b) All work shall be in accordance with details shown on the Plans, or as directed by the Engineer and with these Specifications. 13.02 Standard Specifications Materials and work shall be in accordance with SECTION 606 - PIPE CULVERTS of the Standard Specifications, except as herein modified or augmented. 13.03 Materials ' (a) Concrete pipes shall be of the bell and spigot or tongue and groove type, as approved by the Engineer, and shall conform to the specifications of ASTM Designation C 76 (for ' circular pipe) and C 506 (for arch pipe), latest editions, for the sizes and classes of pipes shown on the Plans and listed in the Unit Price Schedule. The class of pipe and date of manufacture shall be marked on each joint of pipe. Pipe shall be at least ten (10) days old before it is delivered to the project. (b) Jointing material for reinforced concrete pipe shall be rubber gaskets conforming to the requirements of ASTM C 443. The use of other rubber compression -type joints shall be approved by the Engineer. (c) Not Used. 13.04 Jointing of Pipe (a) The pipe ends where jointing occurs shall be cleaned and maintained clean. The joint shall be constructed as recommended by the manufacturer of the pipe. 13.05 Trenching and Backfill (a) Trenching and backfill shall be in accordance with applicable requirements of SECTION 12 - UNCLASSIFIED EXCAVATION FOR STRUCTURES and SECTION 17 - ' PAVEMENT REPAIRS, except as augmented herein. (b) Where unsuitable material is encountered, excavation shall continue until a firm material is reached and the over -excavation filled to grade with a special bedding material in accordance with the provisions of SECTION 20 - PIPE EMBEDMENT. ' 13.06 Installation of Pipe 13-1 1 I I (a) Each section of pipe shall be examined carefully before being laid, and the defective or damaged sections shall not be used. Pipelines shall be laid to the grades and alignment indicated, or as directed by the Engineer. Pipe laying shall proceed upgrade. The "bell" ends of concrete pipe shall point upgrade. (b) Proper facilities shall be provided for lowering sections of pipe into trenches. Under no circumstances shall pipe be laid in water, and no pipe shall be laid when trench conditions or weather are unsuitable for such work. Full responsibility for the diversion of drainage and for dewatering of trenches during construction shall be borne by the Contractor. (c) All pipe in place shall be approved by the Engineer before being backfilled. In all backfilling operations, the Contractor shall be responsible for preventing damage to or misalignment of the pipe. (d) Pipe embedment if required shall be furnished, placed, and shaped as described in SECTION 20 - PIPE EMBEDMENT. (e) Backfill of pipe trenches shall be in accordance with Section 12.05(b) of these Specifications. 13.07 Method of Measurement (a) Excavation and backfill will not be measured separately, but will be considered subsidiary to constructing the pipe. (b) Special bedding material, used at the direction of the Engineer, will be measured and paid for as specified in SECTION 20 - PIPE EMBEDMENT. (c) Completed and accepted pipe culverts will be measured by the linear foot in place. Length shall not be measured through inlets, junction boxes, or other drainage structures. Separate measurements will be made by the sizes and classes shown on the Plans and listed in the Unit Price Schedule. Measurements will be taken to the nearest 0.1 linear foot. 13.08 Basis of Payment Storm sewer pipe acceptably completed and measured as provided above will be paid for at the contract unit price per linear foot bid respectively for "REINFORCED CONCRETE PIPE," of the sizes and classes shown on the Plans and listed in the Unit Price Schedule; which prices, in each case, shall be full compensation for fiunishing all materials, except special bedding material; for all trenching, backfilling, and compacting; and for all equipment, tools, labor, and incidentals necessary to complete the work. H C I 11 I I H I H I H C I L 13-2 I H Payment will be made under: 13.08a 18" Reinforced Concrete Pipe, Class III - per linear foot 13.08b 18" Reinforced Concrete Pipe, Class IV - per linear foot 13.08c 24" Reinforced Concrete Pipe, Class IV - per linear foot 1 I H H H H H H L I I I U I 13-3 I I L I I I L L L L SECTION 14 - SOLID SODDING 14.01 Description (a) This section covers the furnishing and placing of and to form solid mats on areas shown on the Plans or as directed by the Engineer. (b) It covers the furnishing and applying of water for sod. (c) It covers the furnishing and placing of four (4) inches of topsoil on areas directed by the Engineer. (d) It covers the furnishing and placing of fertilizer. (e) All work shall be in accordance with details shown on the Plans and with these Specifications. 14.02 Standard Specifications Materials and work shall be in accordance with SECTION 624 - SOLID SODDING of the Standard Specifications, except as herein modified or augmented. 14.03 Materials (a) Solid sod shall be cut from well -established viable Bermuda grass. (b) Topsoil shall be reasonably free from subsoil, clay, lumps, brush, objectionable weeds, and/or other litter and shall be free from roots and toxic substances or other material or substances that might be harmful to plant growth or be a hindrance to grading, planting, and maintenance operations. ALL TOPSOIL SHALL BE APPROVED BY THE ENGINEER PRIOR TO PLACING. (c) Fertilizer shall be a standard commercial product complying with state and federal fertilizer laws and with the requirements issued by proper authorities. (1) Fertilizer shall be delivered to the site in the manufacturer's original container, on which shall be plainly marked the manufacturer's name and the guaranteed chemical analysis. ' (2) Except as noted in the following sentence, fertilizer shall contain not less than the percentages by weight of ingredients as follows: •Nitrogen 12 percent Phosphorus, P205 12 percent Potash K2 12 percent Other 1:1:1 ratio fertilizers may be used, provided the available plant food remains the same as herein specified. 14-1 1 I (3) All fertilizer shall be solid and shall be in a condition which will permit proper distribution. 14.04 Construction Methods ' (a) In this Paragraph 14.04, "Solid Sod" is interchangeable with the word "sod." (b) Solid sod or topsoil shall not be placed until all other items of work are complete. The Contractor shall place sod upon disturbed areas resulting from the other items of work in this Contract as shown within the Limits of Construction or Limits of Grading on the Plans. Areas disturbed by the Contractor outside of these limits shall be restored with topsoil and sod at no cost to the City. Areas disturbed in utility relocation efforts or other causes outside the grading limits shall not be restored as a part of this Contract. (c) Areas to be sodded shall be shaped in such manner that they will, after placement of sod, conform to the typical sections. (d) Prior to placing the topsoil in the areas designated, the ground surface shall be cleared of materials that might hinder proper grading, tillage, or subsequent maintenance operations such as stumps, stones, roots, cable, wire, grade stakes, etc., and brought to a depth below the finished grade which will allow for four inches of topsoil and the thickness of the sod. The areas shall then be thoroughly tilled to a depth of at least two (2) inches by plowing, disking, harrowing or other acceptable means. ' (e) The Contractor shall then obtain an approved topsoil from any available source and place uniformly on the designated areas and spread evenly to a minimum thickness of four (4) inches. Irregularities in the surface shall be corrected so as to prevent formation of depressions where water will stand. Stones shall be removed from the topsoil and disposed of by the Contractor. TOPSOIL SHALL NOT BE PLACED when the subgrade is frozen, excessively wet or in a condition detrimental to the proposed planting and proper grading. (f) After the topsoil has been spread and graded, the surface shall be cleared of stones, stumps, or other objects that might hinder planting or maintenance operations. Paved areas over which hauling operations are conducted shall be kept clean. (g) Where any portion of the surface becomes eroded or otherwise damaged, the affected areas shall be repaired to the aforementioned condition. (h) Fertilizer shall be applied to the loosened layers (two (2) inches deep) at the rate of one and one-half (1-1/2) pounds per 100 square feet for all areas, regardless of whether topsoil has been added. Distribution shall be uniform. (i) Prior to placement of sod, areas shall be sprinkled with water sufficiently to make them moist, but not muddy. As determined by the Engineer, this initial application of water may be omitted if the area is sufficiently moist from rainfall. 1 14-2 71 I I H I I I I C L L L I I I J Li (j) The bed shall be in a firm but uncompacted condition with a relatively fine texture at the time of sodding. Lumps, clods, rocks or other unevenness or debris shall be completely removed by raking immediately prior to the laying of sod. Sod shall be moist and shall be placed on a moist earth bed. Sod strips shall be laid along contour lines, by hand, commencing at the base of the area to be sodded and working upward. The transverse joints of sod strips shall be broken, and the sod carefully laid to produce tight joints. At the top of slopes the sod shall be turned into the embankment slightly and a layer of earth placed over it and compacted to conduct surface water over and onto the sod. The sod shall be firmed, watered, and refirmed immediately after it is placed. The firming shall be accomplishing by use of a lawn roller or approved tamper, with care being taken to avoid tearing end strips of sod. When sodding is completed, the sodded areas shall be cleared of loose sod, excess soil, or other foreign material; a thin application of topsoil shall be scattered over the sod as a top dressing; and the areas thoroughly moistened. (k) Immediately following the placing and tamping of sod, the covered area shall be wetted thoroughly. Subsequent applications of water shall be directed by the Engineer. (1) The sodding operations shall produce areas of solid, living grass. 14.05 Intermittent Cleanup Immediately following the sodding operations, all gutters, sidewalks, driveways, street pavement, yards, or other areas shall be cleaned of all debris, excess sod, topsoil, or other objectionable matter. All such cleanup operations shall be completed before sodded areas are measured for payment as described below. 14.06 Method of Measurement (a) Areas covered by living sod, completed and accepted, will be measured by the horizontal square yard to the nearest whole square yard. (b) Fertilizer will not be measured for separate pay. Its furnishing and application shall be considered subsidiary work pertaining to solid sodding. (c) Topsoil will not be measured for payment but will be subsidiary to "UNCLASSIFIED EXCAVATION." (d) Water for sod will not be measured separately, but will be subsidiary to the item of solid sodding. 14.07 Basis of Payment Solid sodding acceptably completed and measured as provided above, will be paid for at the contract unit price per square yard bid for "SOLID SODDING," which price shall be full compensation for fiunishing all materials; for cleanup work; and for all equipment, tools, labor, and incidentals necessary to complete the work. Payment will be made under: 14.07a Solid Sodding - per square yard 14-3 I II H I I H H I H I SECTION 16 - MAINTENANCE OF TRAFFIC 16.01 Description (a) This item shall include the erection of signs and barricades, and the maintenance of, or noninterference with, traffic in accordance with details shown on the Plans and with these Specifications, or as directed by the Engineer. (b) This item shall also include the temporary relocation of traffic and street signs, the maintenance of the temporarily relocated signs through the construction of the project, and the permanent relocation of the signs after the construction is complete. 16.02 Standard Specifications (a) Maintenance of traffic as described above shall be accomplished in accordance with the applicable portions of Section 603, "Traffic Control Through Construction Zones" Standard Specifications, except as modified or augmented herein. (b) The Contractor shall implement and maintain all maintenance of traffic devices as shown on the Plans or submit his own Plan to The City of Fayetteville Engineering Department for review and approval. Upon approval by the City Engineer, the Contractor shall supply the Fire Chief and the Police Chief one (1) copy each for their files. Two (2) copies shall be supplied to the Engineer. The Contractor shall initiate and maintain all necessary labor and materials necessary to construct the project in a manner which will guarantee public safety with a minimum of inconvenience. Additional work shall be performed by the Contractor during construction as directed by the City Engineer if necessary to insure the above standards. 16.03 Not Used 16.04 Driveways (a) Maintenance of driveways shall be as approved by the Engineer. It shall be the Contractor's responsibility to maintain adequate access to private and commercial property at all times, except as approved by the Engineer. During the construction of driveways or at any time that the Property Owner cannot use his driveway, the Contractor shall notify the Property Owner (one week in advance, minimum) when the driveway will be closed and the approximate length of time that it will be closed. (b) The intent of this section of the Specifications is to cause as little inconvenience as ' possible to private property owners. I H 16-1 16.05 Repetitions For emphasis, protective actions are noted in other parts of these Contract Documents. These repetitions here are called to the attention of each bidder to the end that he shall avoid any duplication of costs in compiling his bid. 16.06 Relocation and Replacement of Traffic Signs and Pavement Striping (a) During the construction of the project, the temporary relocation of street signs and traffic control signs will be performed by the Contractor. The Contractor shall maintain the signs at highly visible locations as near as practicable to the original locations. The latest edition of the Manual of Uniform Traffic Control Devices published by the Federal Highway Administration shall be used as a guide to the placement of signs during construction. (b) Immediately after the construction of any part of the project reaches a stage of completion such that the relocation of the street signs and traffic control signs is no longer necessary, the Contractor shall permanently relocate the street signs and traffic control signs. (c) Street signs and traffic control signs shall be removed from such area of work as necessary to permit work on the project. Each sign shall be securely relocated by driving the sign into the ground with equipment approved by the Engineer. Street signs no longer necessary shall be salvaged in good condition and restored to their original use or returned to the City if it is no longer needed. (d) Existing striping shall be removed and new temporary stripes and other pavement markings shall be provided by the Contractor. Work shall be performed in accordance with SECTION 720 (for Type 4) - PERMANENT PAVEMENT MARKING TAPE of the Standard Specifications. Pavement markings not necessary to the phased construction patterns shall be removed or obliterated with black paint, as approved by the Engineer. Striping shall be maintained and restored as necessary during construction. 16.07 Measurement and Payment "Maintenance of Traffic" will be measured as a complete item. 16.08 Basis of Payment Work performed under this section, acceptably completed as provided above, will be paid for at the control lump sum bid price for "MAINTENANCE OF TRAFFIC", which price shall be full compensation for this item. Periodic payments will be made under this item in proportion to the amount of work accomplished, as determined by the Engineer. Payment will be made under: Item 16.08 - Maintenance of Traffic — per lump sum C' H H I I I I I I I I I I CI! C 16-2 C I [I I H r C 17.01 Description (a) This section covers the repairs of streets for storm drainage culverts, drainage structures, or other excavations within existing pavements which are to remain. (b) All work shall be in strict accordance with these specifications and the details in the Plans at the locations shown in the Plans or as directed by the Engineer. 17.02 Standard Details All work under this section of the Specifications shall be in accordance with the pavement repair details shown on the Plans and as supplemented herein. 17.03 Restoration of Street Cut (a) The Contractor is required to restore the excavation, or cut, immediately upon completion of the work which required the cut. The Contractor shall notify the City Engineer when the restoration is completed. ' (b) Excavations shall be smoothly cut or sawed and shall have a neat appearance. (c) Materials removed from the excavation or cut shall not be used as backfill material. ' This includes pieces of broken concrete or asphalt concrete. (d) Backfill material for pipe culvert trenches or structures under proposed or existing ' pavements shall meet the requirements of SECTION SP -12 - FLOWABLE FILL, compacted crushed aggregate backfill material shall be deposited simultaneously on both sides of the pipe in layers not exceeding six (6) inches in thickness, loose measurement. It shall be compacted thoroughly under haunches of pipe on both sides for the full width of trench. This operation shall be continued to the elevation eleven (11) inches below finished grade, and shall be in accordance with SECTION 20 — PIPE EMBEDMENT. ' (e) Temporary pavement repair shall consist of a single lift of Asphalt Concrete Cold Plant Mix prepared and placed in accordance with applicable portions of SECTION 411 - ASPHALT CONCRETE COLD PLANT MIX of the Standard Specifications and the details shown on the Plans. The asphalt surface may be hand placed and shall be rolled smooth to match adjacent surfaces and to provide a riding surface free of bumps or sags. The temporary asphalt shall be ' placed upon flowable fill material used as trench or structural backfill, compacted subgrade, or granular base as applicable. ' (0 Permanent asphalt pavement repair shall conform to the details shown on the plans. (g) Permanent concrete pavement repair shall be performed in accordance with the details in the Plans. Concrete shall conform to the requirements of SECTION 11 - CONCRETE AND REINFORCING STEEL. Joints shall be sawcut and sealed as directed by the Engineer in accordance with SECTION 11 - CONCRETE AND REINFORCING STEEL. 17-1 1 L 17.04 Not Used 17.05 Method of Measurement 1 (a) Permanent pavement repairs will be measured by the square yard of pavement repair acceptably completed, less any overcut as determined by the Engineer, for each type of repair as detailed in the Plans. In no case shall the measurement extend beyond the pay limits shown on the details for each type of pavement repair. Pavement repairs of insufficient depth shall not be measured for payment. (b) Temporary pavement repair shall be measured by the square yard of asphalt surface acceptably placed, maintained, and utilized by traffic as directed by the Engineer. Temporary repairs may not be necessary on trenches which are not immediately put back into service for site access by traffic. In such instances the pavement repair shall consist of permanent repairs only. In no case shall the measurement of trench repair extend beyond the pay limits shown on the details in the Plans. Pavement repairs of insufficient depth shall not be measured for pavement. (c) Temporary restoration of private drives and parking surfaces, where directed by the Engineer, will be included in the measurement and payment of the unit prices indicated in (b) above. (d) Repair of the street to cover areas damaged due to the Contractor's negligence in equipment movement or improper equipment operation within the street surface will not be measured for payment. (e) Pavement cutting and removal will not be measured for separate payment, but shall be considered subsidiary to the installation of the involved item. (1) Flowable Fill or other backfill shall not be measured separately for payment, but will be subsidiary to the involved item of culvert, curb inlet, grate inlet, or junction box and 1 SECTION SP -12 - FLOWABLE FILL. 17.06 Basis of Payment (a) Payment for pavement repairs will be made at the contract unit price bid per square yard for "PERMANENT ASPHALT PAVEMENT REPAIR," "PERMANENT CONCRETE PAVEMENT REPAIR," and "TEMPORARY PAVEMENT REPAIR," which price shall be full compensation for the complete restoration of the street in accordance with this specification, including removal and disposal of trenched material; placement and compaction of aggregate backfill; placement of asphalt, concrete or other materials as required by this specification and the plans; placement, maintenance, and removal of temporary surface over trench; and all labor, materials, equipment, and incidental items required to complete the repair. 17-2 1 I tSECTION 18 - DISABILITY ACCESS RAMPS 18.01 Description I This item covers the construction of access ramps to the lines and grades shown on the Plans or as directed by the Engineer. 18.02 Materials Materials for the access ramps shall be Portland Cement concrete complying with SECTION 11 - CONCRETE AND REINFORCING STEEL. 18.03 Construction Methods The construction of the access ramps shall be in accordance with applicable Sections of these Specifications and the attached drawings. Applicable sections include SECTION 2 - EARTHWORK, SECTION 9 - CONCRETE SIDEWALKS, and SECTION 501 - PORTLAND CEMENT CONCRETE PAVEMENT of the Standard Specifications. 18.04 Method of Measurement Access ramps will be measured by the square yard to the nearest 0.1 square yard; the sum of all ramps in any given payment period shall be rounded to the nearest whole square yard. ' 18.05 Basis of Payment Access ramps acceptably completed and measured as provided above, will be paid for at the contract unit price per square yard bid for "CONCRETE SIDEWALK" in accordance with SECTION 9, which price shall be full compensation for furnishing all materials, transitioning concrete thickness, preparation of subgrade, joints, surface treatments, and for all equipment, tools, labor, and incidentals necessary to complete the work. L_ P P1 I I 18-1 I ISECTION 19 - CLEANUP ' 19.01 Description This section covers the cleanup of the project and includes, but is not necessarily limited to, the following items: (a) Site Preparation Removal of trees, fences, or any obstructions in accordance with SECTION Ii - SITE PREPARATION. (b) Pipe Construction Cleaning surface debris resulting from the backfill of storm sewer boxes, sanitary sewer manholes, or any other structures related to the construction of storm sewer, ' sanitary sewer, or water lines. (c) Concrete Construction ' Removal and cleaning of excessive amounts of prime, splashed concrete, dirt, and other debris from sidewalks, curbs, and pavements on the project. (d) Final Cleanup ' Removal and satisfactory disposal of silt and sediment in storm drainage and inlets, in gutters, in streets and sidewalks, and in drainage ditches. Repair of damage to previously completed work by natural or other forces. Correction of deficiencies found during the final inspection. 19.02 Time for Completion The nature of the work involved in this item requires that this work be performed during the course of construction or as directed by the Engineer. The Contractor shall, periodically or as directed during the progress of the work, put the entire site of work in a neat and clean condition. ' 19.03 Method of Measurement Cleanup will be measured as a portion of the item "Site Preparation". 19.04 Basis of Payment Cleanup will not be paid for separately but will be subsidiary to "SITE PREPARATION." Li 19-1 I I I I H C I I I L I I I J I SECTION 20 - PIPE EMBEDMENT 20.01 Description (a) This section covers the furnishing of all labor, equipment and materials necessary for placing pipe foundations as required on the Plans or as deemed necessary by the Engineer. (b) All work shall be in accordance with details shown on the Plans or as directed by the Engineer and in accordance with these Specifications. 20.02 Materials Materials for pipe foundations shall be as follows: Class "B" bedding shall be crushed stone, commonly referred to as Class "C" Ballast Stone and shall conform to the following gradation: Sieve (Square Opening) 1-1/2 inch 1 inch 3/4 inch 1/2 inch 3/8 inch No. 4 Percent Passing 100 70-80 40-60 20-30 0-10 0- 5 (1) Deleterious substances shall not be present in the prepared crushed stone in excess of the following amounts: Soft and friable pieces - 5% Material finer than No. 200 - 1% Clay lumps - 0.5% (2) The percentage of wear of the crushed stone, tested in the Los Angeles Abrasion Tests, shall not be greater than 45 percent. (3) Crushed stone shall be stockpiled and placed in such a manner that foreign material will not be included in the complete embedment section. 20.03 Use Pipe embedment will be required for the storm drainage pipe in areas deemed necessary by the Engineer. The minimum bedding under storm drainage pipe will be a 6 - inch thickness of bedding material in the trench bottom. The width of the pipe embedment shall extend the full width of the trench bottom, but not beyond the maximum trench width. 20-1 LI 20.04 Excavation (a) Excavation for pipe embedment shall be carried to a specified depth below the pipe flow line to allow adequate bedding materials to be placed in accordance with details shown on the Plans and as required by the Engineer. (b) Additional excavation will be required in soft, mucky areas where the specified bedding will not adequately support the pipe. Where such areas as determined by the Engineer are excavated, the additional depth of trench shall be backfilled with the material specified for Class "B" bedding. The additional excavation will be subsidiary to Class "B" bedding. 20.05 Method of Measurement (a) "PIPE EMBEDMENT" will be measured by the ton of 2,000 pounds as determined by weighing on accurate, approved scales as described in Paragraph 109.01 (f) of the Standard Specifications. Each truck shall bear a plainly legible identification number and, upon being weighed, shall be given two copies of a delivery ticket which shall have on it the number of the truck, time of departure, truck weight, combined weight, and project name. The Engineer shall receive a copy of each delivery ticket for the computation of pay quantities. (b) Excavation for embedment will not be measured for separate payment. 20.06 Basis of Payment (a) "PIPE EMBEDMENT" acceptably completed and measured as provide above, will be paid for at the contract unit price per ton for "PIPE EMBEDMENT," which price shall be full compensation for furnishing the material; for hauling, excavating, placing, spreading, and compacting; and for all equipment, tools, labor and incidentals necessary to complete the work. Payment will be made under: 20.06 Pipe Embedment - per ton I I H I I H I I I I I I L I L I 20-2 J SECTION 22 - MAILBOX RELOCATION 22.01 Description (a) This section covers the removal, the temporary relocation, and the permanent relocation of mailboxes that conflict with construction. ' (b) All work under this section shall be in accordance with details shown on the Plans complementary to these specifications. ' 22.02 Standard Specifications Mailbox modifications shall conform to the following criteria: (a) Service shall be maintained at all times so that deliveries will not be interrupted. It is intended that mailboxes be immediately restored after removal. (b) All mailboxes and supports that are in satisfactory condition in the opinion of the. ' Engineer shall be relocated. Replacement with new materials is only necessary when the existing materials are not satisfactory due to age, deterioration, or damage during removal or storage by the Contractor. (c) Mailboxes shall be permanently relocated in the same street station as before and where requested by the property owner. 1 22.03 Materials (a) Whenever possible, mailboxes and mailbox supports shall be removed and reinstalled in a concrete base as directed by the Engineer at the time of construction. ' (b) Mailbox supports shall consist of 3" to 4" penta-treated posts, or equal, with a 1" x 6" x 16" No. 2 pine wolmanized pine board on top. (c) A 1/8" x 1-1/2" steel (painted with black enamel) or ¼" x 1" aluminum brace shall be mounted on the street side. The brace shall be mounted at 45 degrees with the post with 2" bends at connections. The brace shall be mounted with #8 round -head brass galvanized wood screws. ' (d) The relocation shall be mounted with base support and dimensions relative to the new pavement as shown on the Plans. 22.04 Temporary Service If it becomes necessary to cut off vehicle access to individual properties temporarily, then mailboxes may have to be located in a temporary stand at the end of each block. The temporary mailbox support for boxes closely spaced shall consist of a sturdy wood ' frame of two upright members and 2" x 6" pine horizontal support. Prior to this temporary relocation, each owner should be contacted. After each owner has been informed, the U.S. Post Office should be notified by telephone and in writing indicating the location and probable time of ' beginning and ending of the proposed temporary group mailbox relocation. 22-1 I 22.05 Method of Measurement Mailboxes relocated in accordance with this Specification shall be measured as a portion of the item "SITE PREPARATION." The Contractor shall make his own ' determination of the work required under this item. 22.06 Basis of Payment (a) Relocated mailboxes will not be measured for separate payment, but shall be considered subsidiary to the item "SITE PREPARATION." (b) Temporary group mailbox relocation shall not be measured or paid for separately, but will be considered subsidiary to the item "SITE PREPARATION." I I I J I I I [I r C 22.2 I SECTION 24 - TEMPORARY EROSION CONTROL ' 24.01 Description This section covers the application of Temporary Erosion Control items at locations shown on the Plans or as needed during construction. 24.02 Standard Specifications Items and materials for this section shall be in accordance with SECTION 621 - TEMPORARY EROSION CONTROL ITEMS AND DEVICES of the Standard Specifications. 24.03 Measurement and Payment Temporary Erosion Control acceptably completed will be measured as a complete item and paid for at the contract lump sum price bid for "TEMPORARY EROSION CONTROL" which prices shall be full compensation for furnishing all materials, tools, equipment, labor, and incidentals necessary to complete the work. Periodic payments will be made under this item in proportion to the amount of work accomplished, as determined by the Engineer. Payment will be made under: Item 24.03 - Temporary Erosion Control — per lump sum C n I I I r- r - L L 24-1 I I ISECTION 25 - NEW FENCE ' 25.01 Description This item covers furnishing and installing new chain link fence and gates. ' 25.02 Standard Specifications I Materials and work shall be in accordance with SECTION 619 - FENCES of the Standard Specifications, except as herein modified or augmented. t25.02 Materials Materials shall conform to paragraph 619.02 of the Standard Specifications. 25.03 Construction Methods ' Construction methods shall conform to paragraph 619.03 of the Standard Specifications. 25.04 Method of Measurement (a) Fence: Work performed under this item will be measured by the linear foot along the midpoint in height, outside to outside of end post, including gates. 25.05 Basis of Payment Work performed and accepted under this item and measured as provided above will ' be paid for at the contract unit price bid per linear foot for "CHAIN LINK FENCE", which prices shall be full compensation for all clearing and grading; for setting posts, erecting fence, and installing gates; for all excavation and backfill; for furnishing all material; and for all labor, tools, equipment and incidentals necessary to complete the work. Payment will be made under: 25.05a Chain Link Fence - per linear foot 1 I H H 25-1 I I SECTION 26 - TRENCH AND EXCAVATION SAFETY SYSTEM I26.01 Description This item covers the compliance with Act 291 of 1993 which requires the inclusion, in the bid, of a separate pay item for "Trench or Excavation Safety Systems". ' 26.02 Standard Specifications All work under this item shall conform to the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P (copy attached). "Competent Person" as defined in the Standard Specifications shall be the General Contractor's General Superintendent. ' 26.03 Construction Methods Construction methods shall in accordance with the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P. 26.03.01 Notifications Required The contractor, prior to beginning any excavation, shall notify the State Department of Labor (Safety Division) that work is commencing on a project with excavations greater than five feet. The contractor shall notify all Utility Companies and Owners in accordance with OSHA Administration 29 CFR 1926.651(b)(2) for the purpose of locating utilities and underground ' installations. 26.03.02 Existing Structures and Utilities Where the trench or excavation endangers the stability of a building, wall, street, highway, utilities, or other installation, the contractor shall provide support systems such as shoring, bracing, or underpinning to ensure the stability of such structure or utility. The contractor may elect to remove and replace or relocate such structures or ' utilities with the written approval of the owner of the structure or utility and the Project Owner. 26.04 Method of Measurement ' (a) Trench or excavation safety systems shall be measured as a complete unit. 26.05 Basis of Payment (a) Trench or excavation safety systems shall be paid for at the lump sum price bid for ' "TRENCH AND EXCAVATION SAFETY SYSTEM", which price shall be full compensation for benching, sloping, sheeting, shoring, shielding, or any other protective system that provides the necessary protection to comply with Act 291 of 1993. ' Payment will be made under: Item 26.05 Trench and Excavation Safety System - per lump sum 26-1 n L 11 IT I r H H Li I I I I I I I I Occupational Safety and Health Admin., Labor (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. Com- mercial diving operations shall be sub- ject 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. 19771 § 1926.606 Definitions applicable to this subpart. (a) Apron —The area along the water- front edge of the pier or wharf. (b) Bulwark —The side of a ship above the upper deck. (c) Coaming—The raised frame, as around a hatchway in the deck, to keep out water. (d) Jacob's ladder —A marine ladder of rope or chain with wooden or metal rungs. (e) Rail, for the purpose of § 1926.605, means a light structure serving as a guard at the outer edge of a ship's deck. Subpart P —Excavations AUTHORITY; Sec. 107, Contract Worker Hours and Safety Standards Act (Construc- tion Safety Act) (40 U.S.C. 333); 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 applicable, and 29 CFR part 1911. SOURCE: 54 FR 45959, Oct. 31. 1989, unless otherwise noted. § 1926.650 Scope, application, and defi- nitions applicable to this subpart. (a) Scope and application. This sub- part applies to all open excavations made in the earth's surface. Exca- vations are defined to include trenches. § 1926.650 (b) Definitions applicable to this sub- part. Accepted engineering practices means those requirements which are compat- ible with standards of practice required by a registered professional engineer. Aluminum Hydraulic Shoring means a pre-engineered shoring system com- prised of aluminum hydraulic cylinders (crossbraces) used in conjunction with vertical rails (uprights) or horizontal rails (wafers). 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. 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 be- tween 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 support system, and its sudden movement into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a person. Competent person means one who is capable of identifying existing and pre- dictable hazards in the surroundings, or working conditions which are unsan- itary. hazardous, or dangerous to em- ployees, and who has authorization to take prompt corrective measures 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 re- moval. Faces or sides means the vertical or inclined earth surfaces formed as a re- sult of excavation work. Failure means the breakage, displace- ment. or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. 373 11 I I § 1926.650 Hazardous atmosphere means an at- mosphere which by reason of being ex- plosive, flammable, poisonous, corro- sive, oxidizing, irritating, oxygen defi- cient. toxic, or otherwise harmful, may cause death, illness, or injury. Kickout means the accidental release 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 nec- essary protection. Ramp means an inclined walking or working surface that is used to gain ac- cess to one point from another, and is constructed from earth or from struc- tural materials such as steel or wood. Registered Professional Engineer means a person who is registered as a profes- sional engineer in the state where the work is to be performed. However, a professional engineer, registered in any state is deemed to be a "registered pro- fessional engineer" within the meaning of this standard when approving de- signs for "manufactured protective systems" or "tabulated data" to be used in interstate commerce. 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 struc- ture 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 ei- ther premanufactured or job -built in accordance with 41926.652 (c)(3) or (c)(4). Shields used in trenches are usu- ally 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 exca- vation and which is designed to prevent cave-ins. Sides. See "Faces." 29 CFR Ch. XVII (7-1-98 Edition) 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 dif- ferences in such factors as the soil type, environmental conditions of ex- posure, and application of surcharge loads. Stable rock means natural solid min- eral material that can be excavated with vertical sides and will remain in- tact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the ex- cavation is secured against caving -in or movement by rock bolts or by an- other protective system that has been designed by a registered professional engineer. Structural ramp means a ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps. Support system means a structure such as underpinning, bracing, or shor- ing, which provides support to an adja- cent structure, underground installa- tion, or the sides of an excavation. Tabulated data means tables and charts approved by a registered profes- sional engineer and used to design and construct a protective system. Trench (Trench excavation) means a narrow excavation (in relation to its length) made below the surface of the ground. In general, the depth is greater 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 con- structed in an excavation so as to re- duce the dimension measured from the forms or structure to the side of the ex- cavation to 15 feet (4.6 m) or less (measured at the bottom of the exca- vation), the excavation is also consid- ered to be a trench. Trench box. See "Shield." Trench shield. See "Shield." Uprights means the vertical members of a trench shoring system placed in contact with the earth and usually po- sitioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or 374 I I J I I L L L L L L I H I I L I 'I H I I I I CI I L I I I 'J L Occupational Safety and Health Admin., Labor interconnected to each other, are often called "sheeting." Wales means horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth. § 1926.651 Specific excavation require- ments. (a) Surface encumbrances. All surface encumbrances that are located so as to create a hazard to employees shall be removed or supported, as necessary, to safeguard employees. (b) Underground installations. (1) The estimated location of utility installa- tions, such as sewer, telephone, fuel, electric, water lines, or any other un- derground 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 estab- lish the location of the utility under- ground installations prior to the start of actual excavation. When utility companies or owners cannot respond to a request to locate underground utility installations within 24 hours (unless a longer period is required by state or local law), or cannot establish the exact location of these installations, the employer may proceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility in- stallations are used. (3) When excavation operations ap- proach the estimated location of under- ground installations, the exact loca- tion of the installations shall be deter- mined by safe and acceptable means. (4) While the excavation is open, un- derground installations shall be pro- tected, supported or removed as nec- essary 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 § 1926.651 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 con- nected together to prevent displace- ment. (iii) Structural members used for ramps and runways shall be of uniform 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- tached in a manner to prevent tripping. (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. Em- ployees exposed to public vehicular traffic shall be provided with, and shall wear, warning vests or other suitable garments marked with or made of reflectorized or high -visibility mate- rial. (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 mate- rials. Operators may remain in the cabs of vehicles being loaded or un- loaded when the vehicles are equipped, in accordance with § 1926.601(b)(6), to provide adequate protection for the op- erator 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 ap- proach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the exca- vation, a warning system shall be uti- lized such as barricades, hand or me- chanical signals, or stop logs. If pos- sible, the grade should be away from the excavation. 375 I L I LJ § 1926.651 (g) Hazardous atmospheres —(l) Testing and controls. In addition to the require- ments set forth in subparts D and E of this part (29 CFR 1926.50-1926.107) to prevent exposure to harmful levels of atmospheric contaminants and to as- sure acceptable atmospheric condi- tions, the following requirements shall apply: (i) Where oxygen deficiency (atmospheres containing less than 19.5 percent oxygen) or a hazardous atmos- phere exists or could reasonably be ex- pected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the exca- vation shall be tested before employees 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 pro- tection 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 lev- els, testing shall be conducted as often as necessary to ensure that the atmos- phere 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 sep- arate from any line used to handle ma- terials, and shall be individually at- tended at all times while the employee 29 CFR Ch. XVII (7-1-98 Edition) wearing the lifeline is in the exca- vation. (h) Protection from hazards associated with water accumulation. (1) Employees shall not work in excavations in which there is accumulated water, or in exca- vations in which water is accumulat- ing, unless adequate precautions have been taken to protect employees against the hazards posed by water ac- cumulation. The precautions necessary to protect employees adequately vary with each situation, but 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 prevented 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 entering the excavation. and to provide adequate drainage of the area adjacent to the ex- cavation. Excavations subject to runoff from heavy rains will require an in- spection by a competent person and compliance with paragraphs (h)(1) and (h)(2) of this section. (i) Stability of adjacent structures. (I) Where the stability of adjoining build- ings, walls, or other structures is en- dangered 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 re- taining wall that could be reasonably expected to pose a hazard to employees shall not be permitted except when: (i) A support system, such as under- pinning, is provided to ensure the safe- ty 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 376 I I I I I H I r r I I II I I I I fl L I I I I I I I I I I I Occupational Safety and Health Admin., Labor 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. 0) Protection of employees from loose rock or soil. (1) Adequate protection shall be provided to protect employees from loose rock or soil that could pose a hazard by falling or rolling from an excavation face. Such protection shall consist of scaling to remove loose ma- terial; installation of protective barri- cades at intervals as necessary on the face to stop and contain falling mate- rial; or other means that provide equiv- alent protection. (2) Employees shall be protected from excavated or other materials or equip- ment that could pose a hazard by fall- ing or rolling into excavations. Protec- tion shall be provided by placing and keeping such materials or equipment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a com- bination 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 atmospheres, or other hazardous condi- tions. An inspection shall be conducted by the competent person prior to the start of work and as needed throughout the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These in- spections are only required when em- ployee exposure can be reasonably an- ticipated. (2) Where the competent person finds evidence of a situation that could re- sult in a possible cave-in, indications of failure of protective systems, haz- ardous atmospheres, or other hazard- ous conditions, exposed employees § 1926.652 shall be removed from the hazardous area until the necessary precautions have been taken to ensure their safety. (1) Walkways shall be provided where employees or equipment are required or permitted to cross over excavations. Guardrails which comply with §1926.502(b) shall be provided where walkways are 6 feet (1.8 m) or more above lower levels. [54 FR 45959. Oct. 31. 1989. as amended by 59 FR 40730, Aug. 9. 19941 § 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 sys- tems. 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)(l); or, in the alternative, paragraph (b) (2): or, in the alternative, paragraph (b)(3), or, in the alternative. paragraph (b)(4), as follows: (1) Option (1) —Allowable configurations 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 hori- zontal), 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 Appendices A and B. Maximum allowable slopes, and allowable configurations for sloping 377 I I IJ § 1926.652 and benching systems, shall be deter- mined in accordance with the condi- tions and requirements set forth in ap- pendices A and B to this subpart. (3) Option (3) —Designs using other tab- ulated data. (i) Designs of sloping or benching systems shall be selected from and be in accordance with tab- ulated 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 determined to be safe; (C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective sys- tem from the data. (iii) At least one copy of the tab- ulated data which identifies the reg- istered professional engineer who ap- proved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made avail- able to the Secretary upon request. (4) Option (4) —Design by a registered 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 professional engineer. (ii) Designs shall be in written form and shall include at least the following: (A) The magnitude of the slopes that were determined to be safe for the par- ticular project: (B) The configurations that were de- termined to be safe for the particular project; and (C) The identity of the registered pro- fessional engineer approving the de- sign. (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 re- quest. (c) Design of support systems, shield systems, and other protective systems. De - 29 CFR Ch. XVII (7-1-98 Edition) signs of support systems shield sys- tems, and other protective systems shall be selected and constructed by the employer or his designee and shall be in accordance with the requirements of paragraph (c)(1); or, in the alter- native, paragraph (c)(2); or. in the al- ternative. paragraph (c)(3); or, in the alternative, paragraph (c)(4) as follows: (1) Option (l) —Designs using appen- dices A. C and D. Designs for timber shoring in trenches shall be determined in accordance with the conditions and requirements set forth in appendices A and C to this subpart. Designs for alu- minum hydraulic shoring shall be in accordance with paragraph (c)(2) of this section, but if manufacturer's tab- ulated data cannot be utilized, designs shall be in accordance with appendix D. (2) Option (2) —Designs Using Manufac- turer's Tabulated Data. (i) Design of sup- port systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all speci- fications, recommendations, and limi- tations issued or made by the manufac- turer. (ii) Deviation from the specifications. recommendations, and limitations issued or made by the manufacturer shall only be allowed after the manu- facturer issues specific written ap- proval. (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 tab- ulated data. (i) Designs of support sys- tems, shield systems, or other protec- tive 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 protective system drawn from such data; J I I I I I I I I I I I I L I I I I Ll I L I H I I I LJ II I I Occupational Safety and Health Admin., Labor (B) Identification of the limits of use of the data; (C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective sys-. tern from the data. (iii) At least one copy of the tab- ulated data, which identifies the reg- istered professional engineer who ap- proved the data, shall be maintained at the jobsite during construction of the protective system. After that time the data may be stored off the jobsite. but a copy of the data shall be made avail- able to the Secretary upon request. (4) Option (4) —Design by a registered professional engineer. (f) Support sys- tems, shield systems, and other protec- tive systems not utilizing Option 1, op- tion 2 or Option 3, above, shall be ap- proved by a registered professional en- gineer. (ii) Designs shall be in written form and shall include the following: (A) A plan indicating the sizes, types, and configurations of the materials to be used in the protective system; and (B) The identity of the registered professional engineer approving the de- sign. (iii) At least one copy of the design shall be maintained at the jobsite dur- ing construction of the protective sys- tem. After that time, the design may be stored off the jobsite, but a copy of the design shall be made available to the Secretary upon request. (d) Materials and equipment. (1) Mate- rials and equipment used for protective 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 man- ner 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 dam- aged, a competent person shall exam- ine the material or equipment and evaluate its suitability for continued use. If the competent person cannot as- sure the material or equipment is able to support the intended loads or is oth- erwise suitable for safe use, then such material or equipment shall be re- § 1926.652 moved from service, and shall be evalu- ated and approved by a registered pro- fessional engineer before being re- turned to service. (e) Installation and removal of sup- port —(l) General. (I) Members of sup- port systems shall be securely con- nected together to prevent sliding, fall- ing, kickouts, or other predictable fail- ure. (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 sys- tem. (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 support system. (v) Removal shall begin at, and progress from, the bottom of the exca- vation. Members shall be released slow- ly so as to note any indication of pos- sible failure of the remaining members of the structure or possible cave-in of the sides of the excavation. (vi) Backfilling shall progress to- gether with the removal of support sys- tems from excavations. (2) Additional requirements for support systems for trench excavations. (i) Exca- vation 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 indications while the trench is open of a possible 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. Em- ployees shall not be permitted to work on the faces of sloped or benched exca- vations at levels above other employ- ees except when employees at the lower levels are adequately protected from 379 C LEI Pt. 1926, Subpt. P, App. A the hazard of falling, rolling, or sliding material or equipment. (g) Shield systems —(I) General. (i) Shield systems shall not be subjected to loads exceeding those which the sys- tem was designed to withstand. (ii) Shields shall be installed in a manner to restrict lateral or other haz- ardous movement of the shield in the event of the application of sudden lat- eral loads. (iii) Employees shall be protected from the hazard of cave-ins when enter- ing 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. Exca- vations 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 designed to re- sist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield. APPENDIX A TO SUBPART P -SOIL CLASSIFICATION (a) Scope and application —(I) Scope. This appendix describes a method of classifying soil and rock deposits based on site and envi- ronmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth re- quirements, and describes acceptable visual and manual tests for use in classifying soils. (2) Application. This appendix applies when a sloping or benching system is designed 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 exca- vations is designed as a method of protection from cave-ins in accordance with appendix C to subpart P of part 1926, and when alu- minum hydraulic shoring is designed in ac- cordance with appendix D. This Appendix also applies if other protective systems are designed and selected for use from data pre- pared in accordance with the requirements set forth in § 1926.652(c), and the use of the data is predicated on the use of the soil clas- sification 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 O2488: The Unified Soils Classification ;I 29 CFR Ch. XVII (7-1-98 Edition) System, The U.S. Department of Agriculture (USDA) Textural Classification Scheme: and The National Bureau of Standards Report BSS -121. Cemented soil means a soil in which the par- ticles are held together by a chemical agent. such as calcium carbonate, such that a hand - size sample cannot be crushed into powder or individual soil particles by finger pressure. Cohesive soil means clay (fine grained soil). or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical sideslopes. and is plastic when moist. Cohe- sive soil is hard to break up when dry, and exhibits significant cohesion when sub- merged. Cohesive soils include clayey silt. sandy clay, silty clay, clay and organic clay. Dry soil means soil that does not exhibit visible signs of moisture content. Fissured means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits open cracks, such as tension cracks, in an exposed surface. Granular soil means gravel, sand, or silt, (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered system means two or more dis- tinctly different soil or rock types arranged in layers. Micaceous seams or weakened planes in rock or shale are considered lay- ered. Moist soil means a condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped into a ball and rolled into small diameter threads before crumbling. Moist granular soil that contains some cohe- sive material will exhibit signs of cohesion between particles. Plastic means a property of a soil which al- lows the soil to be deformed or molded with- out 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 pur- pose of this subpart, a method of categoriz- ing soil and rock deposits in a hierarchy of Stable Rock, Type A. Type B. and Type C. in decreasing order of stability. The categories are determined based on an analysis of the properties and performance characteristics of the deposits and the environmental condi- tions 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. H I I H I I I I I I I I I H I I I I I H I H H H C I I I I I I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. A Type A means cohesive soils with an unconfined compressive strength of 1.5 ton per square foot (tsf) (144 kPa) or greater. Ex- amples of cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some cases. silty clay loam and sandy clay loam. Ce- mented soils such as caliche and hardpan are also considered Type A. However, no soil is Type A if: (i) The soil is fissured; or (ii) The soil is subject to vibration from heavy traffic, pile driving, or similar effects; or (Iii) The soil has been previously disturbed: or (iv) The soil is part of a sloped, layered system where the layers dip into the exca- vation on a slope of four horizontal to one vertical (4H:IV) 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: (t) 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 ex- cavation on a slope less steep than four hori- zontal to one vertical (4H:IV). but only if the material would otherwise be classified as Type B. Type C means: (i) Cohesive soil with an unconfined com- pressive strength of 0.5 tsf (48 kPa) or less; or (ii) Granular soils including gravel, sand. and loamy sand; or (iii) Submerged soil or soil from which water is freely seeping; or (iv) Submerged rock that is not stable, or (v) Material in a sloped, layered system where the layers dip into the excavation or a slope of four horizontal to one vertical (4H:IV) or steeper. Unconfined compressive strength means the load per unit area at which a soil will fail in compression. It can be determined by labora- tory testing, or estimated in the field using a pocket penetrometer, by thumb penetra- tion 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 material will slump or begin to flow when vibrated. Granular material that would exhibit cohe- sive properties when moist will lose those co- hesive properties when wet. (c) Requirements —(I) 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 classification of the deposits shall be made based on the re- sults of at least one visual and at least one manual analysis. Such analyses shall be con- ducted by a competent person using tests de- scribed in paragraph (d) below, or in other recognized methods of soil classification and testing such as those adopted by the Amer- ica Society for Testing Materials, or the U.S. Department of Agriculture textural classi- fication system. (3) Visual and manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this ap- pendix. shall be designed and conducted to provide sufficient quantitative and quali- tative information as may be necessary to identify properly the properties, factors, and conditions affecting the classification 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 de- posit, the properties, factors, or conditions 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, —(l) Visual tests. Visual analysis is conducted to determine qualitative information regarding the excavation site in general, the soil adja- cent to the excavation, the soil forming the sides of the open excavation. and the soil taken as samples from excavated material. (i) Observe samples of soil that are exca- vated and soil in the sides of the excavation. Estimate the range of particle sizes and the relative amounts of the particle sizes. Soil that is primarily composed of fine-grained material is cohesive material. Soil composed primarily of coarse -grained sand or gravel is granular material. (ii) Observe soil as it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay in clumps is granular. (iii) Observe the side of the opened exca- vation and the surface area adjacent to the excavation. Crack -like openings such as ten- sion cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spalls are evi- dence of moving ground and are indications of potentially hazardous situations. CTR I H Pt. 1926, Subpt. P. App. B (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 exca- vation 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 exca- vation 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 exca- vation 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 quan- titative 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 'h -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 ½-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 penetra- tion test can be used to estimate the unconfined 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 Recommended Practice for Description of Soils (Visual — 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 miminum the effects of exposure to drying influences. If the exca- 29 CFR Ch. XVII (7-1-98 Edition) vation is later exposed to wetting influences (rain, flooding), the classification of the soil must be changed accordingly. (iv) Other strength tests. Estimates of unconfined compressive strength of soils can also be obtained by use of a pocket pene- trometer or by using a hand -operated shearvane. (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 approximately 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 sig- nificant cohesive material content. The soil can be classified as a unfissured cohesive ma- terial and the unconfined compressive 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 mate- rial is cohesive with fissures. If they pulver- ize easily into very small fragments, the ma- terial is granular. APPENDIX B TO SUBPART P -SLOPING AND BENCHING (a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protecting employees working in excavations from cave-ins. The requirements of this appendix apply when the design of sloping and bench- ing protective systems is to be performed in accordance with the requirements set forth in §1926.652(b)(2). (b) Definitions. Actual slope means the slope to which an excavation face is excavated. Distress means that the soil is in a condi- tion where a cave-in is imminent or is likely to occur. Distress is evidenced by such phe- nomena as the development of fissures in the face of or adjacent to an open excavation; the subsidence of the edge of an excavation: the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation: the spalling of ma- terial from the face of an excavation; and ravelling, i.e., small amounts of material such as pebbles or little clumps of material suddenly separating from the face of an exca- vation and trickling or rolling down into the excavation. 382 I i I I I H I H H I H I H I CI I I I I H I I H I C I I J Li Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. B Maximum allowable slope means the steep- est incline of an excavation face that is ac- ceptable 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 exca- vation is open. (c) Requirements —(q Soil classification. Soil and rock deposits shall be classified in ac- cordance with appendix A to subpart P of part 1926. (2) Maximum allowable slope. The maximum allowable slope for a soil or rock deposit shall be determined from Table B -I 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 ac- tual slope which is at least 'h horizontal to one vertical (VzH:IV) less steep than the maximum allowable slope. (iii) When surcharge loads from stored ma- terial or equipment, operating equipment, 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 evaluated in ac- cordance with §1926.651(1). (4) Configurations. Configurations of slop- ing and benching systems shall be in accord- ance with Figure B-1. TABLE B-1 MAXIMUM ALLOWABLE SLOPES SOIL OR ROCK TYPE MAIM UM ALLOWABLE SLOPES(H:V)01 FOR EXCAVATIONS LESS THAN 20 FEET STABLE ROCK VERTICAL (90e) TYPE A 121 3/4:1 (534) TYPE B 1:1 (4 54) TYPE C 1k:1 (340) NOTES: 1. Numbers shown in parentheses next to maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off. 2. A short-term maximum allowable slope of 1/211: 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 3/411:1V (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.) Excavations made in Type A soil. 1. All simple slope excavation 20 feet or less in depth shall have a maximum allowable slope of 8.:1. 383 Pt. 1926, Subpt. P, App. B 29 CFR Ch. XVII (7-1-98 Edition) 20' Max. �l L 3/4 SIMPLE SLOPE —GENERAL Exception: Simple slope excavations which are open 24 hours or less (short term) and which are 12 feet or less in depth shall have a maximum allowable slope of 'h:1. 12' Max. 1 1/2 SIMPLE SLOPE —SHORT TERM 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of 3'. to I and maximum bench dimensions as follows: 20' Max. i , Max , at 3/4 1 1 1 1 1 Occupational Safety and Health Admin., Labor SIMPLE BENCH 20' Max. 5' Max. 4' Max. Pt. 1926, Subpt. P. App. B I 1 i 'I 3/4 MULTIPLE BENCH 3. All excavations 8 feet or less in depth which have unsupported vertically sided lower por- tions shall have a maximum vertical side of 3'h feet. a1 8' Max. 3/4 31' Max. UNSUPPORTED VERTICALLY SIDED LONER PORTION -MAXIMUM 8 FEET IN DEPTH All excavations more than 8 feet but not more than 12 feet in depth which unsupported ver- tically sided lower portions shall have a maximum allowable slope of 1:1 and a maximum ver- tical side of 34 feet. 385 I J I Pt. 1926, Subpt. P. App. B 29 CFR Ch. XVII (7-1-98 Edition) UNSUPPORTED VERTICALLY SIDED LOWER PORTION —MAXIMUM 12 FEET IN DEPTH All excavations 20 feet or less in depth which have vertically sided lower portions that are supported or shielded shall have a maximum allowable slope of Y.: 1. The support or shield sys- tem must extend at least 18 inches above the top of the vertical side. support or shields stem l 20' Max. 3/4 18" Min. Total height of vertical side SUPPORTED 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 -l.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: 386 I J J i I J I J J J I I I J I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. B This bench allowed in cohesive soil only. 20' Max aJ l 4' SINGLE BENCH This bench allowed in cohesive soil only i i i i 20' Max. 1 Hax_ i � 1 4' Max. MULTIPLE BENCH 3. All excavations ZO 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 20' Max. �\ A I 1 I 8" Min. Total height of vertical side VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shall be in accordance with the other options permitted in S 1926.65Z(b). B-1.3 EXCAVATIONS MADE IN TYPE C SOIL 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1'h:l. C: I I H Pt. 1926, Subpt. P, App. B 29 CFR Ch. XVII (7-1-98 Edition) 1 H 30' 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 l'/z:l. Support or shield system Ir W ' 20' Nax. t ' l8" Min. Total height of vertical side 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 al- lowable slope for each layer as set forth below. 1 I I I 388 ' ' Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. B eat B OVER A 1 7/6 C OVER A /� ' / It C ___,j0 ' t C OVeR d 1 1 ' 389 1 71 I H Pt. 1926, Subpt. P. App. C A OVER B A OVER C 29 CFR Ch. XVII (7-1-98 Edition) / / I1 C � I L1 iJ B z1I __ ii c 4 i B OVER C 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 informa- tion that can be used timber shoring is pro- vided 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 protective systems is to be performed in accordance with § 1926.65Z(c)(I). Other timber shoring configurations: other systems of support such as hydraulic and pneumatic systems: and other protective systems such as slop- ing, benching, shielding, and freezing sys- tems 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 clas- sification method set forth in appendix A of subpart P of this part. (c) Presentation of Information. Information Is presented in several forms as follows: (1) Information is presented in tabular form in Tables C -I.1. C-1.2. and C-1.3, and Ta- bles C-2.1, C-2.2 and C-2.3 following para- graph (g) of the appendix. Each table pre- sents the minimum sizes of timber members to use in a shoring system, and each table contains data only for the particular soil type in which the excavation or portion of 390 11 I I I I I I I H I I I I H H I I Li Li 'I I I I H pi H H H 'I I I I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. C the excavation is made. The data are ar- ranged to allow the user the flexibility to se- lect from among several acceptable configu- rations of members based on varying the horizontal spacing of the crossbraces. Stable rock is exempt from shoring requirements and therefore, no data are presented 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 appen- dix. 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 Ta- bles C-1-1 through C-1.3 and Tables C -2.I through C-2.3 are presented in paragraph (g) of this Appendix. (d) Basis and limitations of the data. —(I) Di- mensions of timber members. (i) The sizes of the timber members listed in Tables C-1.1 through C -l.3 are taken from the National Bureau of Standards (NBS) report. 'Rec- ommended Technical Provisions for Con- struction Practice in Shoring and Sloping of Trenches and Excavations." In addition. where NBS did not recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by ex- isting codes and on empirical practice. (if) The required dimensions of the mem- bers listed in Tables C-1.1 through C-1.3 refer to actual dimensions and not nominal di- mensions of the timber. Employers wanting to use nominal size shoring are directed to Tables C -2.l through C-2.3, or have this choice under § 1926.652(c) (3). and are referred to The Corps of Engineers. The Bureau of Reclamation or data from other acceptable sources. (2) Limitation of application. (I) It is not in- tended that the timber shoring specification apply to every situation that may be experi- enced 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 situa- tions that are not covered by the data in this appendix must be designed as specified in S 1926.652(c). (ii) When any of the following conditions are present, the members specified in the ta- bles are not considered adequate. Either an alternate timber shoring system must be de- signed 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 "adjacent" as used here means the area within a horizontal distance from the edge of the trench equal to the depth of the trench. (B) When vertical loads imposed on cross braces exceed a 240 -pound gravity load dis- tributed on a one -foot section of the center of the crossbrace. (C) When surcharge loads are present from equipment weighing in excess of 20.000 pounds. (D) When only the lower portion of a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which Is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables. The members of the shor- ing 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 speci- fied 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 installed and. in most instances, the selection is also based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spac- ing of crossbracing is available, the hori- zontal spacing of the crossbraces 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 vertical spacing of the crossbraces. the size and vertical spacing of the wales, and the size and horizontal spac- ing of the uprights can be read from the ap- propriate table. (f) Examples to Illustrate the Use of Tables C - 1.l through C-1.3. (I) 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 #Bl Space 4x4 crossbraces at six feet hori- zontally and four feet vertically. Wales are not required. Space 3x8 uprights at six feet horizontally. This arrangement is commonly called "skip shoring." 391 Arrangement #B2 Space 4x6 crossbraces at eight feet hori- zontally and four feet vertically. Space 8x8 wales at four feet vertically. C I C Pt. 1926, Subpt. P, App. C Space 2x6 uprights at four feet hori- zontally. Arrangement #B3 Space 6x6 crossbraces at 10 feet hori- zontally and four feet vertically. Space 8xl0 wales at four feet vertically. Space 2x6 uprights at five feet hori- zontally. Arrangement #B4 Space 6x6 crossbraces at 12 feet hori- zontally and four feet vertically. Space 10x10 wales at four feet vertically. Spaces 3x8 uprights at six feet hori- zontally. (2) Example Z. 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 #B1 Space 6x6 crossbraces at six feet hori- zontally and five feet vertically. Space 8x8 wales at five feet vertically. Space 2x6 uprights at two feet hori- zontally. Arrangement #B2 Space 6x8 crossbraces at eight feet hori- zontally and five feet vertically. Space 10x10 wales at five feet vertically. Space 2x6 uprights at two feet hori- zontally. Arrangement #83 Space 8x8 crossbraces at 10 feet hori- zontally and five feet vertically. Space I0x12 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 -l.] two acceptable arrange- ments of members can be used. Arrangement #81 Space 8x8 crossbraces at six feet hori- zontally and five feet vertically. Space lOxl2 wales at five feet vertically. Position 2x6 uprights as closely together as possible. If water must be retained use special tongue and groove uprights to form tight sheeting. Arrangement #B2 Space 8x10 crossbraces at eight feet hori- zontally and five feet vertically. 29 CFR Ch. XVII (7-1-98 Edition) Space 12x12 wales at five feet vertically. Position 2x6 uprights in a close sheeting configuration unless water pressure must be resisted. Tight sheeting must be used where water must be retained. (4) Example 4. A trench dug in Type C soil is 20 feet deep and 11 feet wide. The size and spacing of members for the section of trench that is over 15 feet in depth is determined using Table C-1.3. Only one arrangement of mem- bers is provided. Space 8x10 crossbraces at six feet hori- zontally and five feet vertically. Space 12xl2 wales at five feet vertically. Use 3x6 tight sheeting. Use of Tables C -2.l through C-2.3 would fol- low 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 Systems." 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 re- sist the lateral pressure of water and to pre- vent the loss of backfill material. Close Sheeting refers to the placement of planks side -by -side allowing as little space as pos- sible 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 bot- tom of the trench shall not exceed 36 inches. When mudsills are used, the vertical dis- tance 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 verti- cal spacing of crossbraces is five feet. place the top crossbrace no more than 2.5 feet below the top of the trench. 392 C I E H 11 I I I I I I H I I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. C V C N 6 H H 6 X X - N N O O r S W It X W 'sate- -4-- - O O J 4 £ N . b V b N f X C X K K 0. Cl 1'f 1'1 O W 00I. VI W L ] O C V 4 r L FEW CL N W 1 L Q LL 1 1 C < 1 Y C O e O O W i 6v 1 1 Y 6 Y + W N Y W N 4 N d G C `r 154— a O O O O O r- C N V 2 C q K X X ) K X K x X Y I-. N Nv O C 2 C O '0 0w O O T r 0. d' 4' r C L _ • O-. N L T 1-. .h Yq _ H —W P5 2 i C CUW e P p O O C < p fl dt £ 2 i6v LY mJ 6 1 K IC ~ O O N a C 10 10 b C ,p C C C C C..) C In X X a X K K K X X K K X .- N — • O. IC 10 tO C 1p 1p to to to 10 C C t CJ O N60 y y F W N V to it 1p to C C C C C C C 9 N Z W 6 K X IC K X X X X X X X X LL 7 C ,O V 10 10 IC C IO 1O C C C 2 4 J _Y 0 a 1-000 C C C C C V C to 10 tO C = O X X II X X X X X X K X X Y'M ~ CL 6 C O .O O C 1p 10 C C C CO J C J r Cu _C N L H N O H P V a O C in 10 10 to C C + L La C K X X K X IC X K X IC t = 6 . P V V C 10 C 10 V C O'W r we O 2 C L t f" C 10 C b C 10 C 10 C O L C X X IC X X X K X K X X X -= j C C C C C b C V 10 C C r u Y Cu W C 1- t 1r O N 2 r O O O O O O O O O O O O ? IC c r W 1- r 1- 1- 1- r r 1- r F r r to C C C N ta O G 1L 6_ a. 6 6 r a. 6 6 0. .- 6 6 6 6 W _ - _ _ O _ O O J J N•± n C H W U Lao 0. O 2 W IO O O O O in a O i N W W W F r .-- in r H N O C LLL 1-v 393 Pt. 1926, Subpt. P. App. C s m Y M In O o u Ca W n pLa W S f a H n n Z V F = m FUI - 1 pM C N A. V - W W r• O - f N 29 CFR Ch. XVII (7-1-98 Edition) C, U N N "- Ho- % H X V W N N N O .W.1 `,- b C C N X % X ry N N� O C •C •O > w a S3•+ U n IL CV W N N N N N N N N >61 N N W 6 W is O O O N O N N CZ m r m r r n- % % % % % % X X X •m m O 0 O O m O N a. tr— r r U.- Z f V W N N N N N N N N N Y N C O O_ Y 0 0 0 0 0 0 N X X % X X > % % % O. r N V •m N 0a O O F N .0 0 0 0 0 0 0 0 Y .V J •V N 0a 0 0 0 4 C N 0 <W00 V P X X % % X X % % 0 6 J 'V V 'V .V U '0 0 0 � N F N O O 0I f O 0 % % X % % % % X U L V J V '0 J V 0 0 a O N b N •0 C 0 0 0 a X X X % X X % H V V .m •C '0 U 'V 0 0 r CV � 0 ✓ C F L F F ~ Y W fW,l '0 O 0 C N C C Qa r v V u — u u W A. N N j J J N 0 J J NZ NZ n OH w V Z W O 1. N O O O O p f N D ry 1 1 1 1 1 1 Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. C _O N < Y Y N Y O Z < ma' N N N O = V Y Wis. J < O J V. V N N N N N (q 2Cd W< N N N N N N Cs O raw Z W N S O N N N N N r r r N O N O N N • SV £5 W< W N N N in in in >6R H O O O O O C t0 m O 0 _O n HN O O O W Y m Y' 0 0 '1'-J = 0 m W 0 W H O m 0 m m r m m m 0 0,I = 0 0 0 N U p O O O C F O O O C m m N 0 0 m V1 0 W u O r p r W F F f F F Y' U CV %Y CO Y J m Y Y �O V uu Y u V u Y Y u Y u W 6 `• W 6 6 Y O 6 0. 410 V O A. Y Y O Y O W N p 'J J NS J J NZ NZ J (02 NZ NS N 0- W W in p O O O p N N O O W o r r - F N 40 O 395 Pt. 1926, Subpt. P, App. C zoo xc a C Y r Y 0 y Cd Y W � v r F W r N - N r r U Z H W Z ri S 9 1 � I x y N ( 0 �0 V � W F u. M Q F 0 29 CFR Ch. XVII (7-1-98 Edition) U - 0 X V V L N O O V V H F a .Xi 0 _ W N 0i W. N X W V V 6 0 S N V J N r x X % 6 4 v v V V W •y n m n n • U • OOQQC Y 40jQ( Z V 2 V V V Z V V V V V V V L 6 1 0 en' Ca W 4 NZ _Q 0- O— O N OO 0 0 OS 0 0 0 0 0 C Y 0 0 C 0 0 0 �V 0 0 0 V WV W 6 V V V V V V V V V V V V 7 0. 0 y V V b .O �V 0 .O N •C 0 b J �L % X % M x % x x % x % % t V V .O V V •O b J 0 �O 'V 0 W _ O a V Fo a V N N N 0 J N J N N .O X X H X x % x x x x % X 0 0 - A. V V V V V V .O 0 V 0 0 J 0 O f V V 0 V 0 •G V .O N U U � X % % x X X % x % % H H % % % A. V V V V V V 0 •O .O J .O .p G V 0IO+ pV +Wm� F O rvL 6 .7 p o 0 V L y W N O O O O M N 0 0 W 0 14014W 14 W F r F — — N > N 0 O 1 1 1 1 1 Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. C C n -. N U x H O p S N N 0 0 L W Kx x wW nv v O O O J n 0 d % % % x v v v S yr N Oo % % x % x x V n N n < u .t • .Z N F r Is 0 %VI.N N N N N N N N N W U< Ca 4 'L O O N O CM N Nv U .Y 0 0 0 O O 0 O r r U 1WJ N NU, N N N N N N W .V( O > 6 v Z N f< �u X % % % H % X K % 0 J 0 .Y 0 0 0 0 0 v F. O W r W ( i. � % % % % % x x % % 0 d N N W 0 0 `O 0 LO W LN .O N N .O 0 0 0 0 0 C 3 x x x x % x x x % �... q N .O b 'q 0 'O b 0 W G F C. LN % % x x % % x x % O J J < V N J J N 0 O 30 F.t d N b J 0 0 0 0 0 W x x x x x x x x x 0 V i O N N b d N 0 r W O O 0 Q p p p NZ F r F 10• F F F --Is- z ULJ .O 0 O Y N 0 O Y .p 0 O Y G<W YW - tlJ r YJ W 1 O.w 1 6 6 YO 6 6 6 YO A. 8. A. YO W . . J > > N2 0 > > N2 J J 0 N2 N n H Uf W W O W N O O O O O O €J N O 0 W y F 0 397 11 H I Pt. 1926, Subpt. P, App. D • N 4 2 b V HI. J N I- S ki C4 ki v YI W F 6 N Z + U = S % m i F O m � 1 2 0 N 4 �4' W F 4 � a m � O F N 29 CFR Ch. XVII (7-1-98 Edition) U Z r N J O N N .. op. U W N W 4 4' .JV 4 m J S a a IUF m a o c -t U ci ZfW U W N N N N N N N lIst a r a N N — r N m O O _ _O _ U f W pj N N N N N 6 W > 6 f O m m m m m '4 J m m m m m m N F N N m m m m O e m m m % m 10„ O N m m m m d J '0 0 m O'.Q C O f b m N m m m .0 N J -G m m Q 5g E' -,.O .O J 0 m m = J .O .O .O .O m m — F N. p Z f f f -1-4 f — .r f Y V W O m O V m V V .O V V V W 04 Vu VY Vu VY WI V Y W 4 v 6 A. A. V h0 A. 6 410 410 4 410 0 O 410 N N J J J N2 J O N2 NZ J NZ N f Vf y W N W O W f O f �. F N >r4C C 4 O F `� APPENDIX D TO SUBPART P —ALUMINUM HYDRAULIC SHORING FOR TRENCHES (a) Scope. This appendix contains informa- tion that can be used when aluminum hy- draulic shoring is provided as a method of protection against cave-ins in trenches that do not exceed 20 feet (6.Im) in depth. This ap- pendix must be used when design of the alu- minum hydraulic protective system cannot be performed in accordance with S 1926.652(c) (2). (b) Soil Classification. In order to use data presented in this appendix, the soil type or types in which the excavation is made must I H H I I I I I H I C I I H H1 I I H [I I I C I H I L Hi I I I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. D first be determined using the soil classifica- tion method set forth in appendix A of sub- part P of part 1926. (c) Presentation of Information. Information is presented in several forms as follows: (1) Information is presented in tabular form in Tables D-l.I. D-1.2, D-1.3 and E-1.4. Each table presents the maximum vertical and horizontal spacings that may be used with various aluminum member sizes and various hydraulic cylinder sizes. Each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. Tables D-1.1 and D- 1.2 are for vertical shores in Types A and B soil. Tables D-1.3 and D1.4 are for horizontal 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 appen- dix. (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 Sharing: Typical Installations." (d) Basis and limitations of the data. (1) Vertical shore rails and horizontal wales are those that meet the Section Modu- lus requirements in the D -I Tables. Alu- minum 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 in- side diameter with a minimum safe working capacity of no less than 18.000 pounds axial compressive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product manufaturer. (ii) 3 -inch cylinders shall be a minimum 3 - inch inside diameter with a safe working ca- pacity of not less than 30,000 pounds axial compressive load at extensions as rec- ommended by product manufacturer. (3) Limitation of application. (i) It is not intended that the aluminum hydraulic specification apply to every situa- tion that may be experienced in the field. These data were developed to apply to the situations that are most commonly experi- 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 1926.652(c). (ii) When any of the following conditions are present, the members specified in the Ta- bles 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 §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 information are the hydraulic cylinders, and either the verti- cal 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 determined in ac- cordance with the soil classification system described in appendix A to subpart P of part 1926. Using the appropriate table, the selec- tion of the size and spacing 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 verti- cal spacing is held constant at four feet on center. The tables show the maximum hori- zontal spacing of cylinders allowed for each size of wale in the waler system tables, and in the vertical shore tables, the hydraulic cylinder horizontal spacing is the same as the vertical shore spacing. (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-l.l: 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 I & 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. vertically. (See Figures I & 3 for typical installations.) (3) A trench is dug in Type B soil that does not require sheeting. but does experience some minor raveling of the trench face. The I I I Pt. 1926, Subpt. P. App. D trench is 16 feet deep and 9 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinder (with special oversleeves as designated by footnote #B2) spaced 5.5 feet D.C. horizontally and 4 feet o.c. vertically. plywood (per footnote (g)(7) to the D -I Table) should be used behind the shores. (See Fig- ures 2 & 3 for typical installations.) (4) Example 4: A trench is dug in pre- viously disturbed Type B soil, with charac- teristics of a Type C soil, and will require sheeting. The trench is 18 feet deep and 12 feet wide. 8 foot horizontal spacing between cylinders is desired for working space. From Table D-1.3: Find horizontal wale with a sec- tion modulus of 14.0 spaced at 4 feet o.c. ver- tically and 3 inch diameter cylinder spaced at 9 feet maximum o.c. horizontally. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installa- tion.) (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. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (g) Footnotes, and general notes, for Tables D -t.1. D-1.7, 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). 29 CFR Ch. XVII (7-1-98 Edition) (2) 2 inch diameter cylinders, at this width, shall have structural steel tube (3.5x3.5x0. 1875) oversleeves, or structural oversleeves of manufacturer's specification. extending the full, collapsed length. (3) Hydraulic cylinders capacities. (i) 2 inch cylinders shall be a minimum 2 -inch in- side diameter with a safe working capacity of not less than 18,000 pounds axial compres- sive load at maximum extension. Maximum extension is to include full range of cylinder extensions as recommended by product man- ufacturer. (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 cen- ter to center. (5) Vertical shoring rails shall have a mini- mum 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 rav- eling (sloughing of the trench face) between 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. FUll] I I I L I I H H n n I L I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P, App. D ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS FIGURE NO. FIGURE NO. 2 N.n ft.I -_•— •n Mtt MAN.W rAIVJL nL1AI.AA1 INAPTWO'0 MGII.NLL'Y.111,0 TRIM ftv O CI SPACING AGTIL HORIZONTAL $PACING fPA CICINS ./ VEI S., A' FIGURE NO. 3 H11RLL WYW N,PWtl YTAQN01 ER VERTICAL SPACING L' MAX. 2' MAX. VERTICAL EAI q INNER II - VU T I CAL SPACING t' MA H. ' MAX. FIGURE NO. 4 — M+o.µLc SNIGRMI rM1nuy HORIZONTAL SPACING HTOIAGL IC CTL IE014 PLY N000 OPRIGNT SNEET INC .� NTOIAOLIC I I IT ICAL RAIL Z' MAX. CTLINOII ROINYLIC C TLIYOb IIIICAL f PACC ING 401 Pt. 1926, _AP. App. o ) §c_ cos/e §/§2 ) 29 CFR Ch. XVII (7-1 _ Edition) a. / 8 z § § r "ems � m k k( z ! .§ \ k�Z E a @o - _ z \/\ \ , ,§ 2»k §,a, \ E7 , \~ m§ s r» 6_ 6 402 I I I I I I I I I I I I I I I I I I I Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. D C 0yy y WR1 U O i -.- F VF > o Ma a U. 0 >F O r¢0 O Co wz [ Na Buz f= C z 1q CQU z Z m ^ '^ In ay z [i. Z5 {L a o a g,,, >-..- uai,4,Ro >_-. s ONDo 0 0 p > 0 403 6 n C 0 2 T L o y N• y n n E E Kk U -- ill oO 0 < il3 ,n y Y qtr 8 3 C' Z Z I I Pt. 1926, Subpt. P. App. D z N m n U E W 6i F�3m �fai7N 29 CFR Ch. XVII (7-1-98 Edition) I en XXOp. I s n z z z z z z z z z F - n n en ,n en ,n n m en NN (� Z .. w 0< O O O O 9O of O O Sy ao cc ry 'G 00 G vi V P N i Q W Q ..i N y W N a N N _ ° Z zz kl z zu1 z z zu1 z Z F rv°N n N° m m N° n n u z z z z U a`- 00 ro P N V 00 O h b ° .. w ^ z gz z z z z z z z z 00 J N N n N n n p4 n n L ^ ZUU? K u OOOOOO of OO LLI 00 T N _ O W O _ in `O S N = J OJ z N O O N O O N O O rri r v_ ri r v ei r e c - O v .- {jJ W3: N P? F≤ 0 W W'^OO W 'J 0 0 7O UI, I J I a] H I L Li I I I H H L I Li I ' Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. D I I I LI I I J I I LI m I I I I I o a N N N_ R Z O F _________ en en _ m _ n nj z z z z z z z z __ z n en m n m en m m n V b O V N 00 n v O N N z�?i M z N Z� = z N �O Z Z NQNZ CnNQ n n N n n z z z z z z 3 U 00 e 0w o a O e N 0 v � � O ,n oz z z z = z z 00 N N n N n n c'4 n n F on d u O N O O via N 00 b V G_ O r 00 envi '6 z e=J 00 N 00 N O o v ri n a m v - en r y < 3 U u? N F W A O N Z 4L 0 y, O O o t N O N_ N J P I Pt. 1926, Subpt. P. App. E 29 CFR Ch. XVII (7-1-98 Edition) APPENDIX E TO SUBPART P -ALTERNATIVES TO TIMBER SHORING Figure 1. Aluminum Hydraulic Shoring Thu N VERT SPAC 41 NA i RTICAL RAIL YDRAULIC CYLINDER Figure 2. Pneumatic/hydraulic Shoring ►ir � II''II • lii�ul�ll��l�lll 406 1 1 1 1 1 1 1 Occupational Safety and Health Admin., Labor Pt. 1926, Subpt. P. App. E Figure 3. Trench Jacks (Screw Jacks) Figure 4. Trench Shields 407 Pt. 1926, Subpt. P, App. F 29 CFR Ch. XVII (7-1-98 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 profes- sional engineer in accordance with § 1926.652 (b) and (c). Is the excavation more •than 5 feet in depth? Is there potential for cave-in? Excavation may. be made with vertical sides. Excavation must be sloped, shored, or shielded. Be Go to Figure 2 Is the excavation entirely in stable rock? Co to Figure 3 FIGURE 1 - PRELIMINARY DECISIONS 1 1 1 1 1 1 1 1 Occupational Safety and Health Admin., Labor Excavation must comply with one of the following three options: Option 1: ,S1926.652 (b)(2) which requires Appendices A and B to be followed Option 2: 51926.652 (b)(3) which requires other tabulated data (see definition) to be followed. Option 3: .f1926.652 (b)(4) which requires the excavation to be designed by a registered professional engineer. Sloping selected as the method of protection Will soil classification be made in accordance with $1926.652 (b)? [[Q7] Pt. 1926, Subpt. P. App. F Excavations must comply withi1926.652 (b)(1) which requires a slope of 1}H:IV (340). FIGURE 2 - SLOPING OPTIONS Pt. 1926, Subpt. P. App. F 29 CFR Ch. XVII (7-1-98 Edition) Shoring or shielding selected as the method of protection. Soil classification is required when shoring or shielding is used. The excavation must comply with one of the following four options: Option 1 51926.652 (c)(1) which requires Appendices A and C to be followed (e.g. timber shoring). Option 2 §§1926.652 (c)(2) which requires manufacturers data to be followed (e.g. hydraulic shoring,trench jacks, air shores, shields). Option 3 51926.652 (c)(3) which requires tabulated data (see definition) to be followed (e.g. any system as per the tabulated data). Option 4 31926.652 (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 410 I SECTION 27 - COLD MILLING ASPHALT PAVEMENT 27.01 Description This item covers the cold milling of asphalt pavement. 27.02 Standard Specifications Equipment, construction requirements, and surface tests ' shall be in accordance with SECTION 412 - COLD MILLING ASPHALT PAVEMENT of the Standard Specifications, except as modified or augmented herein. ' 27.03 Method of Measurement Cold milled asphalt pavement will be measured by the square yard of pavement milled to the depth specified. ' 27.04 Basis of Payment Work completed and accepted and measured as provided above will be paid for at the unit price bid per square yard for "COLD MILLING ASPHALT PAVEMENT", which price shall be full compensation for all work performed, and for all labor, tools, equipment and incidentals necessary to complete the work. Payment will be made under: 27.04 Cold Milling Asphalt Pavement - per square yard I I I L CI I I I I 27-1 I I I I I C CI I I I I I I SECTION 28 - GUARD RAIL 28.01 Description This item shall consist of furnishing and installing steel plate guardrail, including concrete line posts, spacer blocks, terminal anchor post, end sections, and guardrail anchor post, at the locations shown on the Plans or designated by the Engineer. 28.02 Standard Specifications All work under this item shall be in accordance with SECTION 617 - GUARDRAIL of the Standard Specifications, except as modified or augmented herein. 28.03 Materials (a) Material for line posts shall conform to paragraph 617.02(a)(2) of the Standard Specifications. (b) Material for terminal anchor posts shall conform to paragraph 617.02(b)(2) of the Standard Specifications. 28.04 Method of Measurement (a) Guardrail shall be measured in place by the linear foot, measured along the center line of the rail. 28.05 Basis of Payment Guardrail will be paid for at the contract unit price bid per linear foot. This price shall be full compensation for furnishing and installing the guardrail, including line posts, terminal anchor post, end section, and all incidental appurtenances; and for all equipment and labor required to complete the work. Payment will be made under: 28.05 Guardrail (Type I) - per linear foot 28-1 I ISECTION 31- ROADWAY CONSTRUCTION CONTROL ' 31.01 Description This item shall consist of furnishing and maintaining all lines, grades, and measurements necessary for the proper execution of the roadway work under the Contract, all in accordance with the Plans and Specifications. The materials and construction requirements for this item will conform to SECTION 635 - ROADWAY CONSTRUCTION CONTROL, of the Standard Specifications, except ' as modified or augmented herein. References in the Standard Specifications to the "Department" are herein changed to the "Owner". 31.02 Method of Measurement Roadway Construction Control will be measured as a ' complete unit. ' 31.03 Basis of Payment Work completed and accepted and measured as provided above will be paid for at the contract lump sum price bid for Roadway Construction Control, which price shall be full compensation for furnishing and maintaining all necessary lines, grades, and measurements; and for furnishing all engineering personnel, equipment, materials, tools, and incidentals necessary to complete the work. ' No adjustments in the lump sum price bid will be made for Roadway Construction Control required due to normal increases or decreases in contract quantities. However, if the amount of Roadway Construction Control required is increased or decreased in connection with a Change Order, compensation will be adjusted accordingly. Partial payments for ROADWAY CONSTRUCTION CONTROL will be made ' in proportion to the amount of work accomplished on this item. No additional payment will be made for restaking needed to maintain the control. Payment will be made under: 31.03 Roadway Construction Control - per lump sum. I I H I 31-1 I ISECTION 33 - VALVE AND METER BOXES ADJUSTED TO GRADE ' 33.01 Description/Execution The Contractor shall adjust valve and meter boxes of gas or water mains as shown in the Plans or as directed by the Engineer. If any new material is required in making adjustments, it shall be similar and equal to the existing material, in accordance with the ' City of Fayetteville's Water Specifications, and shall be furnished by the Contractor at his own expense. In no case shall the Contractor allow pavement or embankment to be placed over valve or meter boxes nor fail to adjust the top of the box flush with the finished grade, whether or not the adjustment is called for on the Plans. Relocation of water lines or valves is not included in this work except to correct damages done to existing utilities caused by the Contractor. 33.02 Method of Measurement Valve and meter boxes adjusted to grade will be measured per each. ' 33.03 Basis of Payment Payment will be made at the contract unit price bid per each as "VALVE AND METER BOX ADJUSTED TO GRADE," which prices shall be full compensation ' for fiunishing all materials, and for all equipment, tools, labor, and incidentals necessary to complete the work. IPayment will be made under: 33.03 Valve or Meter Box Adjusted to Grade - per each I I I I I Li 33-1 I I I 1J I I I SECTION 34 - REMOVE AND REPLACE FENCE 34.01 Description This item shall consist of the relocation of existing chain -link fence as directed by the Engineer or as indicated on the Plans. All work shall be in accordance with details shown on the Plans and with these Specifications. 34.02 Standard Specifications This item shall be accomplished in accordance with SECTION 208 - FENCE MOVED AND RECONSTRUCTED of the Standard Specifications, except as modified or augmented herein. 34.03 Materials The relocated fences shall utilize the same material as the existing fence, or as approved by the property owner and the Engineer. The existing fence material shall not be destroyed during removal without prior approval of the substitute materials. When damaged or unsalvageable, existing fencing and/or appurtenances shall be replaced with new materials as directed by the Engineer. 34.04 Execution Construction methods shall be as shown on the Plans and/or as approved by the Engineer. Portions of existing fences to be removed shall be disassembled, removed and disposed of including below ground concrete. Posts shall not be cut off and abandoned in place. Salvageable materials will be used in the relocated fence. Post holes shall be filled with soil and tamped flush with the surface. Chain link fence fabric may be salvaged from the existing fence along with top rails, fasteners, and other miscellaneous above ground hardware. Line and gate posts shall not be reused, but shall be furnished by the Contractor to match existing posts. Concrete, wire, wire ties comer bracing, concrete and other necessary miscellaneous hardware shall be furnished by the Contractor to complete the fence. ' Where existing gates occur, gates shall be relocated to the same relative positions along the relocated fence line. I 34.05 Method of Measurement Removal and replacement of fence, including gates and end panels, will be measured by the linear foot, measurements being taken along the midheight of the fence from center of end post to end post, in its relocated position. Separate measurement will not be made for gates or any of the devices used to hang and close gates. Measurement for fence will include the space occupied by gates. 34-1 34.06 Basis of Payment Payment will be made for work covered under this paragraph at the contract unit price bid per linear foot for "REMOVE AND REPLACE FENCE," which price shall be full compensation for the furnishing of all materials, including fence, posts, braces, gates, and other fence hardware; and for all labor, equipment, tools, excavation, and incidentals necessary to complete the work. Payment will be made under: Item 34.06 Remove and Replace Fence - per linear foot 34-2 I I SECTION 38 - RIPRAP I. 38.01 Description This item shall consist of a protective layer of stone laid to a minimum thickness of 18 inches, placed in accordance with these Specifications, and to the line, grade, and location shown on the Plans or as directed by the Engineer. 11 I I I I I I L I I I I 38.02 Materials Materials and work for riprap shall be in accordance with SECTION 816 - FILTER BLANKET AND RIPRAP, Standard Specifications, unless modified as augmented herein. The type of riprap shall be in accordance with Article 816.02(a) and as directed by the Engineer. Material for riprap shall consist of field stone, or rough unhewn quarry stone, rectangular or nearly rectangular in section, and otherwise shall conform to the applicable portion of Article 816.02, Materials, Standard Specifications. 38.03 Construction Methods Placing riprap shall be done in accordance with Article 816.03, Construction Requirements, Standard Specifications, for Dumped Riprap, unless placing by hand is necessary to properly protect the surrounding ground. 38.04 Method of Measurement Riprap will be measured by the cubic yard in place, and the volume to be included for payment shall be the product of the thickness multiplied by the area. 38.05 Basis of Payment Riprap placed and accepted and measured as provided above shall be paid for at the contract unit price per cubic yard bid for "RIPRAP," which price shall be full compensation for fiunishing all materials including filter blanket; for all quarrying involved; for all transportation; for the necessary preparation of the subgrade; for all excavation and backfill; and for all labor, tools, equipment, and incidentals necessary to complete the work, whether dumped or hand placed. Payment will be made under: 38.05 Riprap - per cubic yard 38-1 I RESOLUTION NO. 115-99 A RESOLUTION AWARDING BID NO 99-68 TO SWEETSER CONSTRUCTION IN THE AMOUNT OF $522,695.30 FOR A CONSTRUCTION CONTRACT FOR SYCAMORE/LEVERETT INTERSECTION AND DRAINAGE IMPROVEMENTS; APPROVING A PROJECT CONTINGENCY AMOUNT OF $88,270; AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT OF $136,825. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards Bid No. 99-68 to Sweetser Construction in the amount of $522,695.30 for a construction contract for Sycamore/Leverett intersection and drainage improvements; approves a project contingency amount of $88,270; and authorizing the Mayor and City Clerk to execute said agreement. A copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The City Council hereby approves a budget adjustment in the amount of $136,825 increasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 97030 20 by decreasing Street Improvements, Acct. No. 4470 9470 5809 00, Project No. 96044 20. A copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this Z day of _September , 1999. APPROVED;�e� By:r, Fred Hanna, Mayor ATTEST: By: At E i , Heather Woodruff, City �I