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HomeMy WebLinkAbout44-00 RESOLUTION• MICROFILMED RESOLUTION NO. 44-00 A RESOLUTION AWARDING BID NO. 00-29 IN THE AMOUNT OF $106,040 TO J & L CONSTRUCTION; APPROVING A CONTINGENCY AMOUNT OF $10,000; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards Bid No. 00-29 in the amount of $106,040 to J & L Construction; approves a contingency amount of $10,000; and authorizes the Mayor and City Clerk to execute an agreement for said amount. A copy of the agreement and bid tabulation 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 $121,140 increasing Acct. No. 5400 5600 5808 00, Project No. 00038 20 by decreasing Waterline Improvements, Acct. No. 5400 5600 5808 00, Project No. 00026 20. A copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. SDAND APPROVED this 4th day of April , 2000. • , , 1 ; - • t APPROVE! By: 9 tir. ATTEST: BrSt) ax Heather Woodruff, City Cole& •• Fr6d Hanna, Mayor NAME OF FILE: es/i-oio • CROSS REFERENCE: Date Contents of File Initials 1-100 Za,e,a-,;( 44/-690 I" ( sO //772Arzta ) eXitzieux-r X EX/Iz-SI r 1)' " ( i \,S.47/1442a(kO0-21) e`Xittiqz r le" ( 7Pazdfr4 4tymia, 2-4./. awietri./afe_ 74,0290 SVAA i 4ad /o -%7 2912 "o0 /cia illicli77 /04/ref 11,1 ' 17 414236 4-4-oo ii(Ade gniz-id-t49-) 41-br000 ,g(7,no lafrizn )a,6 • • • EXHIBIT A Section 00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the day of AC. in the year 2000 by and between the City of Fayetteville, Arkansas (hereinafter called OWNE# and (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: Project - Highway 45 East Water Line Relocation - Phase 1, Bid # 00-29 for the City of Fayetteville 310 If of 12 inch ductile iron water line, restrained joint gaskets, fittings, 90 If of 24 inch encasement by bore and jack, 60 If of 24 inch encasement by open cut, connections to existing lutes, one fire hydrant, site preparation and cleanup, and all items indicated m the Drawings and Specifications. Article 2. ENGINEER. The Project has been designed by City of Fayetteville Engineering Division 113 W. Mountain Fayetteville, Arkansas 72701 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 both substantially and fully completed and ready for final payment within 11 calendar days after the date when the Contract Time commences to run as . provided in paragraph 2.03 of the General Conditions. 3 2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence City of Fayetteville 02/28/00 Page 00500-1 E XM 49Reem rn 1 1 1 1 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 One hundred dollars ($200.00) for each day that expires after the time specified in paragraph 3.1 for Substantial and Final Completion Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. PAYMENT ITEMS Item No. Dem Description Unit Estimated Quantity Unit Price Extended Price 5 et WS that& ffehatio 7" Total Base Bid Amount 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. City of Fayetteville 02/28/00 Page 00500-2 1 1 1 1 1 1 11 11 11 11 II 1 : 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 dunng construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02 All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 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 remairung progress payments pnor to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 190 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 CON IRACTOR 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. City of Fayetteville 02/28/00 Page 00500-3 I1 11 11 11 11 11 • 5.3 Final Payment Upon final completion and acceptance of the Work m 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 CON1RACTOR 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. 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. CON TRACTOR 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. City of Fayetteville 02/28/00 Page 00500-4 1 • • 1 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 I Documents, and all additional exammations, investigations, explorations, tests, studies, and data with the Contract Documents 1 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 wntten resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Documents 1 are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS 1 The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 1 7.1. This Agreement (pages 1 to , inclusive). 1 72 Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 1 7.4. Documentation submitted by CONTRACTOR prior to Notice of Selection (Exhibit D). 1 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 15, inclusive). 7.7. Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof. 7.8. Addenda numbers to inclusive. 7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1 through 25, inclusive with each sheet bearing the following general title: 1 Highway 45 East Water Line Relocation Phase 1, Bid # 00-29 1 1 1 City of Fayetteville 02/28/00 Page 00500-5 1 • • 1 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. 1 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 1 may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 1 8.1. Terms used in the Agreement which are defined m Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 1 1 1 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. 1 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 1 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. City of Fayetteville 02/28/00 Page 00500-6 1 1 1 1 1 1 • IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in quadruplicate. 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 , 2000 (which is the Effective Date of the Agreement). OWNER: ity of Fayetteville CONT 'FL ay .5-rEa Co A/ Attest OidzuciC Title [CORPORATE SEAL] Attest Address for giving notices 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.) License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign) City of Fayetteville 02/28/00 Page 00500-7 DESCRIPTION: HINY 45 WATER LINE RELOCATIONS PHASE I BASIC CONSTRUCTION • J & L CONSTRUCTION UNITED PLUMBING EXHIBIT A • c31 clecK lel ges.104-iva 141-0o ilbra 1, tab Project Manual City of Fayetteville MICROFILMED Highway 45 East Water Line Relocation, Phase 1 r - A mai; NE SA'S It. REGISTERED PROFESSIONAL Bid # 00-29 lifgE11,400 No.6646 BE!, 0 Fayetteville, Arkansas March 2000 1 1 1 1 1 1 roc C ClecK IP, ge544-1.4 14-00 tab Project Manual City of Fayetteville MICROFILMED Highway 45 East Water Line Relocation, Phase 1 ' Bid # 00-29 Fayetteville, Arkansa March 2000 con oarbeet AKICA3AS wt% REGiSTIRED NN4‘ PROWESSIONAL INEESA040 ,,psa No 6646 s eater Performance Bond AIA Document A312 - Electronic Format BOND# 572020 1111S DOC(INIENT 11AS INiroterANT LEGAL. CON/SEQUENCES: coNsuLTATION WITI1 AN ATTORNEY IS ENCOURAGED WITI-I RESPECT TO ITS CONIITI.TIONI OR NIODIFICAllON. AtrririNTic.ivrioN or IIIIS ELECTRONICALLY DIZAFTED AIA 130CUSIENT MAY RE MAI3E RY USING AIA 111 00C15VIITA I NMI. .Any singular IC reftlICe l0Coiiiraci, Safely,: OWIICI or ()Ilia P3ily Shall be consitleted plural \\ here upplicable. 1 ( ()is! YRACTOR (.Vnine ouricterdress):, IJUSTIN BRYAN DBA J & L CONSTRUCTION P. O. BOX 1479 HUNTSVILLE, AR 72740-1479 I 0 1.VNI12 (Num: and Address): CITY OF FAYETTEVILLE, AR 1 1 1 1 IH nature: SUR irry Minnie and Principal Place of Business) MID—STATE SURETY CORPORATION 76 KERCHEVAL GROSSE POINTE FARMS, MI 48236 CONSTRUCTION CONTRACT Date: 4/6/2000 Annint: $106,040.00 *sec ip0011 iNatne anti Lot:anew: HWY 45 EAST WATER LINE RELOCATION, PHASE 1, BID# 00-29 FOR THE CITY OF FAYETTEVILLE, AR ItOND Date (Not earlier than Construction Contract Date): 4/6/2000 AmiunW $106,040.00 Mod i tic a ions 10 this Bond: T CONRACTOR .AS PRINCIPAL Company: JUSTIN BR409AN & L CO NST UCTION (Corporate Seal) Nit me and Ti 1 JUSTIN BAY OWNER I(Any adtliiiiniiii signatures appear On the last paee) frine 1A'101?ellATION ONLY - Name, Address rind Telephone) [XI None SURETY Company: MID—STATE SURETY CORPORATION 1] See Paps Sienature: Name and Title (Cotporate Seal) 1 DANNY SCHNEIDER , ATTORNEY—IN--FACT IA Gl. NT or 11120KI 12: WALKER BROTHERS INSURANCE, INC.OWNER'S REPRESENTATIVE (Architect Lneincer or other party): 1 1 A1A DOCTIMENT A3I2. PERFORMANCE BOND AND PAYMENT liOND • DECEMBER 1934 ED. • AIA O. THE AMERICAN INSTITUTE OE I...owl ittEcts. 1735 NEW YORK AVENUE, N.W., WASHINGTON, DC., 20006-5292 • T11110) PRINTING • MARCH 1987. WARNING; Unlicensed phoiocopyine, violates 1/.5. cum/lig/1/ laws mil is subject lti 102ill west:onion. 'this duciiiimit osis clectionically puiduced %rill' permission of /he AIA ion/ can be iciurillucolorilhowilAmomultheithwofespiimionusnmed hclow. 1 Electronic Format A3 12-1984 User Document: A312.CON 12/4/1997. AIA License Number 104405, which expires on 10/31/1998-- Page #1 .1 ke. Contractor and the Surety. jointly and severally, bind thencelves, their heirs, executors, administrators. successors ,rnd assigns to the Owner For the performance o1. the construction Contract, %%inch is incorporated herein by reference. 2 Ir the Contractor performs the Construction Contract, the Sourly and the Contractor shall have no obligation under this liond, except to participate in conferences as provided in Subparagraph 3.1 3 If there is no Owner Dekrult, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than liticcii clays after receipt of such notice to discuss methods of perlbrining the Construction Contract. II- the Owner. the Contractor and the Surety agree. the Conti:cum shall be allowed a reasonable time to perform Ike Construction Contract, but such an agreement shall nOL waive the Owner's right, if any, stibsecnientiv 10 declare a Contractor 1)elatilk, and 3.2 Thc Owner has declared a Contractor Default and Corm:Illy terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than (\verity days after the Contractor and the Surety have received notice as provided in Sub -paragraph 3.1: and 3.3 The Owner has agreed to pay the 13a1ance or the Contract Price to the Surety in accordance with the terms of the Construction C'entract COnilliCIOl selected to perlorm the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3. the Surety shall promptly and at the Surety's expense take one of the following actions 4.1 Arrange For the Contractor, ivith consent of rhe Oivnei . to perform and complete the Construction Contract: or 4.2 Undertake to perform and complete the Construction Contract itself, through as agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner For a contract Ihr perthrmance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, ancl pay to the Owner the amount of damages as described in Paragraph 6 in excess of the 13alance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness tinder the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable alter the amount is determined. tender payment therefor to the Owner; or .2 Deny liability 111 \thole or in part and notify the Owner citing reasons therefor. 5 If Mc Surety does not proceed as provided in Paragraph 4 \vith reasonable promptness, the Surer), shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this tient!, and the Oivner shall be entitled to enforce any remedy available to the OWner. he Surety proceeds as provided in Subparagraph 4.4, ancl Me Owner refuses the payment tendered or the Surety has denied liability, in ivhoie or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagrimh 4.1, 4.2, or 4.3 above. then the responsibilities of the Surety to the Owner shall not be greater than those or the Contractor under the Construction Contract. and the responsibilities of the Owner to the Surety shall 1101 be greater than those of the Owner under the Construction Contract. To the limit of ihe amount of this Boni', but subject ID commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work ancl completion or the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and AIA 130C1INIEN1 .A312. P1341331(MANCII nom) AND PAYNIENT Altr3IITECTS. 1735 NEW YORK AVENUE. N.W., WASHINGTON, 13 prIuEto)yICILzviolate> II.S. cop)onlu and is subjeci io legal proses -tin( icinoducediIIii,III ,iHuI Hie dale Or expo:mon as mined below User Document' A312.CON 12/-1/1997. AIA License HOND • DECEMIIHR 1984 ED. • AIA 1D• THE AMERICAN INSTITUTE or .C., 20006-5292 • TIIIRD PRINTING, • MARCH 1987. WARNING: Unlicensed in. This ii0C11111elli WilS electronically produced with permission 01. ihe ALA and can he klectronic Format A312-198-1 Number 104405, which expires on 10/31/1998 -- Page #2 6.7k Liquidated damages, or no liquidated damages are specilied in the Construction Contract, :Kiwi damages caused by delayed perlimuance or non-performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the 13alance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construetion Contract or to related subcontncts, purchase orders and other obligations. 9 Any proceeding, legal or equ,itable, under this 13ond !nay be instituted in any court of competent Jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or VI thin I WO years after the COntractOr ceased working or within two years after the Surety rellises or fails 10 IN -Jinni] its obligations under this 13ond, whichever occurs tirst. If the pmvisions of this Paragraph are valid Of pr011ibiled by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the snit shall be applicable. 10 Notice to the Surely, the Owner Of the Contractor shall be !nailed (ir delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutoty or other legal requirement in the locatiOn %vhere the C1)OSIITICII011 WitS If/ be performed, any provision in this Bond conflicting with said statutory or legal requirement shall MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. "lhe intent is Mat this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 1 2.1 13alance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced h II d a.. Va..r. proper payments made to or on behalf of the Contractor under the Construction Contract 1 2.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature including all Contract Documents and changes Pagel thereto. 12.3 Contractor Default: Failure of the Contractor, \vhich has neither been remedied nor waived, to perform Of othenvise to comply wiih the terms of the Construction Contract. 1 2.4 Owner Default: Failure of the Owner, \ VhiCh has neither been remedied nor \Valved. to nav the Contractor • . as required by Ole Constniction Contract or to perform and complete or comply \ vith the other terms thereof. (Space is provided below tor additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) (Vienatiire: and Title: SURETY Company: Signature: Name and Title (Corporate Seal) 1 AIA nocumErrr A312- PERFORMANCE BOND AND PAYMENT BOND • 1)ECEMIIER. 1984 ED. • AIA 0- THE AMERICAN INSTITUTE 01 ..d.cHtrix-rS, 1735 NEW YORK AVENUE. N.W.. WASHIINICION, D.C.. 20006-5292 • THIRD PRINTING • MARCH 1987. WARNING; Unlicensed plintocippying violates i 1 S. copyright Lost: and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can bc renniduced ‘vnliimf IIIc date't of exploit ion as noted belt tw. tlecircai le Format A312-198,1 User Document: A3 1 2.CON 12/4/1.997. AIA License Number 104405, which expires on 10/31/1098-- Page 713 1 1 1 Payment Bond AIA Document A312 -Electronic FormatBOND# 572020 ICON I• RA(_ I OR (Name and .lildr en) JUSTIN BRYAN DBA J & L CONSTRUCTION P. O. BOX 1479 IHUNTSVILLE, AR 72740-1479 OWNER (Name Und .idarCSS): I CITY OF FAYETTEVILLE, AR 1 ICONSTRUCTION CONTRACT I )itte: 4/6/2000 Amount: $106,040.00 I )escript ion i.vciiite Mid LOCM1010: i HWY 45 EAST WATER LINE !RELOCATION , , NOM) i I1).11 • (N 1 cirlier than Construct ion' Contract Date): Amount: $106,040.00 Mod i Hum itms to this 13ond: 1 CONIRACTOR AS PRINC:IPA! company: JUSTIN BRYAN DB 1 PHASE 1, 4/6/2000 (Corporaie Seal) & L CONSTRUCTION Nanie and Title 1 1 JUSTIN BRY OWNER (Any additional signalllres appear on the last page) It F(J/? INFORMA770N ONLY - Name, :(dtkess owl Telephone) SURirry (Name and Principal Place of 13113inesst: MID—STATE SURETY CORPORATION 76 KERCHEVAL CROSSE POINTE FARMS, MI 48236 BID# 00-29 FOR THE CITY OF FAYETTEVILLE, AR Da None ) See PatLc SURI71.11 Company: (Corpora( c Seal) MID—STATE SURETY CORPORATION Signature: Namem("e: DANNY L. SCHNEIDER,ATTORNEY—IN—FACT 1 1 • or BROKFR:WALKER BROTHERS INSURANCE, INC. OWNER'S REPRESENTATIVE (Architect, Engineer nr other party): AIA DOC UMEN I A312- PERFORMANCE 130N1) ANI) PAYN4EN I BONI) • DECEMBER 1984 ILD. • AIA 49- THE ASHERICAN 11411'111D 1 L. 03 ARCHITECTS, 1735 NEW YORK AVE' 1.111, N.W., WASHINGTON, D.C., 20006-5292 • "limn PRINTING • MARC! 1987. WARNING; linlicens44 Iphoincopying ymIziles U.S. copyright laws and is subject to legal plosectition. This 110C.11111C111 was electronically produced under license number 296000035 and Can lit7 lillilltilleCti Will1/111( VII)I;ILI(111 until 02/011)6. 1 1.1cMifirlic Founat A312-1984 Use Document: A31 2.CON 12/4/1097. AIA License Number 104405, which expires on 10/3 1 lic (:ontractor and the Sure y, jointly am.' severally biml themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, it-tau:vials and equipment furnished for use in the performance of the Construction Contract, ‘vhich is incorporate(' herein by reference. 2 \Vitt] respect to the ()wrier, this obligation sh II 1)e null and void ilthe Contractor: 2.1 Promptly makes payment, (Needy or indirectly. for till sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liensor suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, i11aterials1..or equipment furnished for use in the peril -it -mance of 'the Construction Contract, provided the Owner has promptly nod lied the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands. hens or suits to the Contractor and the Surety, and provided there is no Owner permit. 3 \Vith respect to Claimants, this obligation shall be null I; uul void if the Contractor promptly makes payment, directly 01 indirectly, for all SUMS due. I4 The Surety !diall have no ol)F.galiGn 10 Clainiants under this 1 tond until: 4.1 Claimants who tire emplovcd hy or have a direct contract with the Contractor have given notice to die Surety (at the address describk.-(1 in Pat ...,;ropli 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial zit:curacy, the amount of the elan)). 4.2 Claimants who do not have a lirect contract ‘Villi he Contractor: .1 llave furnished \venter) notice to the Contractor and sent a eopv, or notice thereof, In ihe Owner, villiin 90 days after having last performed labor or last lin niSlied materials or equipment included in the elaim stating, \ vith substantial accuracy, the amount of the claim and the name or die party to ‘vhoin the materials were Molished or supplied or for whom the labor was done or performed; and .2 I lave either receivedLan rejection in whole or in pan from the Commit:tor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claimh w... paid directly or indirectly: and .3 Not having been paid within the above 30 days. have sem a written notice to the Surety (at the address described in Paragraph 12) and sem a copy, or notice thereof to the Owner, stating Mai a claim is being made tinder this I3ond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph -1 is given by the Ovener to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the followin2 actions: 6.1 Send an answer to the Claimant. with a copy to the Owner, within 15 days after receipt 01 the claim, stating the amounts that are undisputed and the basis for challenging any amounts Mar are disputed. 6.2 l'av or arrange for payment of ail>: undisputed amounts 7 The Surety's total obligation shall not exceed (Ile amount of this Bond, tind the amount of this Bond shall be credited for any payments made in good thith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims. IF any. under :VW Construction Peribrmance Bond. By the Contractor furnishing and the Owner accepting this 13ond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the OwnertS priOrily 10 use the funds for the completion of the work. 9 The Surely shall 1101 be liable to the Owner, Claimants or others for obligations or the Contractor lila! are Unrelated to the Construction Contract. The Owner shall not he liable for payment of any costs or expenses of any Claimant under this 13a id and shall have under this Bond no obligations to make payments 10, give notices on behalf of, or otherwise have obID.ations to ClaintholS under litiS Bond. 10 The Surety hereby waives notice of any•chau,,e, including changes of time, to dle Construction Contract or to related subcontracts, purchase orders and other obligations. ',IA DOCIINIIIITI Al 12. PERFORMANCE 110f1D AND 1•AYMENT 110141) DECENMER 19K.1 El). • .AIA ilt> 'rill, AMERICAN INSTITITIE OF ARCIIITECAK, 1735 NEW YORK AVENUE, NAV., WASHINGTON, D.C, 20006-.5292 • TIMM P14IN1INC1 • MARCH 1987. WARNING; Unlicensed Iohowcopying violates 11S. copyright laws :Hal is subject to legal prosecution. This document was electronically produced under license number 296000035 and can Lc reproduced %cilium' violation I imil 02/01/96. I deciroine Formai A3 I 2- 19K.I User Document A312.CON -- 12/4/1997. Ali\ License Number 104405, which expires on 10/3 • 11 N :Wit or action shall be cinnineticed by a Claitmint iritlti Ii, 1300LIldlier in a court of competent jurisdiction in the location in which dic \void: or part of die work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparauraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed bv anyone 01the last materials or equipment were furnished I,v anyone tinder the Construction Contract, ‘vhichever of (1) or (2) first occurs. If the provisions of this Paragraph tire void or prohibited hy law, the minimum period of limitation available to Stlieties as a defense in the jurisdiction of the suit shall be applicable 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address liowit on the shmature page. )1 mai receipt of notice by Surety, the Owner or the Contractor, however accomphshed, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other leu.al requirement in the location \where the construction ‘vas to he performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hen:from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall he construed as a statutory bond ancl not as a common law bond. 14 i Mon request by any person or entity appearing to be a potential heneliciary of this Bond, the Contractor shall MODIFICATIONS TO THIS 130N0 ARE AS FOLLOWS: promptly furnish a copy of this Bond or shall perm t a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this I3ond shall be to include ‘vithout limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Constniction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Constniction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the Other terms thereof. (Space is provided below for itdditional signatures of added parties, other than those appearing on the cover pime. CONTRACTOR AS PRINCIPAL Company. (Corpoi ate Seal) nattirc: Milne ti ol tide: 1 SURETY Company: (Corporate Seal) DOCUMENT A312. PERFORMANCE BOND AND l'AYNII:NT BOND • DECEMBER ED. • AIA OD• THE AMERICAN iNsTrruTE OF A131:1111•12.11 IS. 1735 NEW YORK AvErmr., N.W., WASHINGTON, D.C., 20006-5292 THIRD PRINTING • NIARCH I 9S7. WARNING; Unlicensed idititoctio5 ing violates 335copy itdit laus and it subject 10 legal prosecution. 1 -his 11001111011 was electronically produced under license number 296000035 and can ' • ci I • • I t I. t' 1102/01/911. LlecIrkwie A Al2-1984 User 13ocument: A312.CON 12M/1007. AIA License Nurnber 1044051 which expires on 10/3 1 1 • IKnow All Men By These Presents: That the MID -STATE SURETY CORPORATION, a corporation of the State of MICHIGAN, having its principal office in the City of Grosse Pointe Farms, Michigan pursuant to authority granted by a resolution of its Board of Directors, which reads as follows: MID -STATE SURETY CORPORATION GROSSE POINTE FARMS, MICHIGAN 48236 POWER OF ATTORNEY 572020 IIIThe President, the Vice President, or the Treasurer of this Corporation shall have authority to appoint in writing such attomeys-in-fact, as the business of the Corporation may require, and to authorize such attorneys -in -fact, and each of them to execute on behalf of the Corporation, any 'bonds, recognizances, stipulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number of said powers Ilas hereinbefore set forth. 1"Said appointments shall be attested by the Secretary or a Vice President of this Corporation under its seal. The signature of the Secretary or any Vice President to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed thereto, any third party may rely on said certified copie., of powers of attorney as the act and deed of this Corporation. The President, the Vice President, or Treasurer Imay revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment" 'does hereby nominate, constitute and appoint JACQUE L. LINDSEY , KENNETH L. GALLOWAY, ADRIAN W. LUTTRELL , DANNY L. SCHNEIDER IAND BILLY E. BENNETT , JR. EACH OF SPRINGDALE, AFtRANSAS its true and lawful Attomey-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and its act and deed. ccordance with its charter, and to bind MID -STATE SURETY CORPORATION, thereby, and all of the acts of said Attomey-in-Fact, pursuant ny and all bonds in an amount not exceedin' g $10,000,000.00 in any single instance, for or on behalf of this Company, in its business and in to these presents, are hereby ratified and confirmed. ILWITNESS WIffiEtEOF, MID -STATE SURETY CORPORATION of Grosse Pointe Farms, Michigan, has caused these presents to be signed by its proper officer. Ind its corporate seal to be hereunto affixed this 10th day of June , 19 94.. 1 ITATE OF MICHIGAN, COUNTY OF WAYNE On this 10th day of June A.D. 19_14_, personally came before me JOHN J. BARRY, tome known to be the individual and officer Of the M1D-STATE 1 URETY CORPORATION of Grosse Pointe Farms, Michigan, who executed the above instrument, and acknowledged the execution of the same, and being by c duly sworn, did severally depose and say that he is the said officer of the Corporation aforesaid and the seal affixed to the above instrument is the seal of the rporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said Corporation. 1 I ,the undersigned, Vice President of the Mid -State Surety Corporation of Grosse Pointe Farms, Michigan, a Michigan corporation, DO HEREBY CER rIFY that the foregoing Power of Attorney remains in full force and has not been revoked, and furthemmre that the provisions of the By -Laws of the company and the Iesolutions of the Board of Directors set forth in the Power of Attomey, are still in force. , Signed and sealed at the City of Grosse Pointe Farms this day of leal) 1 cv .71 DEBORAH ANN WYNN No ic Notary Pubfie, Oaktand•County, My Commission Expires 14ldimansatvgas-Aiw-2.-4899--- 19 V JO 'HA.PRYS,Vl ACCRD .. lTIEVIDENCE:OF:::PROPERTTINSURANCE.:tsk<sw.:.:.:.:.:.:.: NSURANCE AS IDENT FIED BELOW HAS BEEN AFFORDED UNDER THE POLICY. ISSUED, IS IN FORCE, AND CONVEYS ALL THE DATE (MM/DIWY) ...... THIS IS EVIDENCE THAT RIGHTS AND PRIVILEGES RODUCER Walker Bros. Insurance, Box 2045 AR 72765-2045 Schneider, P.4°11EITAx 501-751-4677/501-751-511C VOC.ft.ext) CMPANY Harleysville Insurance Attn: Debbie Hepner 355 Maple Avenue Harleysville PA 19438-2297 Inc. CIC m.O. .pringdale Fanny CODE: 83-9366 SUB CODE: • GENCY USTOMER ID LA 116WC0-1 SURED J & L Construction Justin Bryan dba PO Box 1479 Huntsville AR 72740-1479 I LOAN NUMBER POLICY NUMBER MPA3E6901 EFFECTIVE DATE 04/06/00 EXPIRATION DATE 04/06/01 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: • ROPERTY:INFORMATION::::::::::::::::::::::: OCATION/DESCRIPTION 001 General Contractor wy 45 E Water Line Relocation ayetteville AR 72701 OVERAGEINFORMAfiONH&H COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE i:uilders Risk - All Risk 106040 500 . . .. -,PP;1719/.4:::::::::::::*HH*.::::::::*.HH:::::**:::::::::::::::hg.:H*KH::*:-.:** THE POLICY WRITTEN INTEREST, POLICY BE IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. v PERIOD. SHOULD IMAYS THE AFFECT THAT AME AND ADDRESS City of Fayetteville 113 W. Mountain Street Fayetteville AR 72701 I .......... X . . MORTGAGEE LOSS PAYEE ADDITIONAL INSURED LOAN # t AUTHO Danny REPRESENTATIVE CIC _ . ....,.. Schneide ACG?RD CERTIFICATE OF LIABILITY - - PRODUCER alker Bros. Insurance, Inc. .0. Box 2045 pringdale AR 72765-2045 anny Schneider, CIC one Ne. 501-751-4677 FaxNo.501-751-5110 INSURANCE °ATEIMMD°YYI J&LC01 04/21/00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Harleysville Insurance SURED J & L Construction Justin Bryan dba PO Box 1479 Huntsville AR 72740-1479 COMPANY B COMPANY C COMPANY D OVERAGES'.::: ... . ..... ..... . _... _... ..... .... ._.._._. ._...... ..... ,.... ... 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. D LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDD/YY) POAT LICY EXPIRION DATE IMM/DD/YYI OMITS A GENERAL LIABILITY COMMERCIAL GENERALUABILITY CLAIMSMADE OCCUR OWNERS & CONTRACTORS PROT MPA3E6901 11/13/99 11/13/00 GENERAL AGGREGATE S 2000000 PRODUCTS-COMP/OPAGG S 2000000 X PERSONAL&ADV INJURY S 1000000 EACH OCCURRENCE $1000000 FIRE DAMAGE IAny one fire) $ 50000 MED EXP (Any one person) 6 5000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA3E6901 11/13/99 11/13/00 COMBINED SINGLE LIMIT 91000000 X BODILY INJURY Per person) BODILY INJURY IPer eccideni X X PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE S .$ A EXCESS LIABILITY X UMBRELLA FORM OTHER THAN UMBRELLA FORM BE3E6901 11/13/99 11/13/00 EACH OCCURRENCE 1000000 AGGREGATE $1000000 Retention $10000 A WORKERS COMPENSATION AND EMPLOYERSUABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: X EXCL WC3E6901 11/13/99 11/13/00 WC STATU. TORY LIMITS X 0TH ER ...: .....!.' EL EACH ACCIDENT 61000000 EL DISEASE -POLICY LIMIT 61000000 EL DISEASE - EA EMPLOYEE 6 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS CERTIFICATE HOLDER ..., -:: '-CANCELLATION CITYFAI City of Fayetteville 113 W. Mountain St. Fayetteville AR 72701 ACORD 25-S 11/951 ::' SHOULD ANY OF THE ABOVE DESCRIBED POUCIES 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, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLI%ATION OR LIABILITY OF ANY KIND UPON THE C NY, ITS AGENTS 03 RE SENTATIVE AUTHORIZED REPRESENTATIV Danny Schneider, - ACOROCORPORATION 1988'ti AC®RD CERTIFICATE OF ::.:.: PRODUCER alker Bros. Insurance, Inc. P.O. Box 2045 pringdale AR 72765-2045 anny Schneider, CIC noneNo. 501-751-4677 FaxNo.501.751-5110 INSURANCE .6SR SW DATE IMMJDDV) LIABILITYN .. J&LCD. 1..� .: 04/21/00 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Cincinnati Insurance Co. NSURED J & L Construction Justin Bryan dba PO Box 1479 Huntsville AR 72740-1479 COMPANY B COMPANY C COMPANY D OVERAGES 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 POUCY EFFECTIVE DATE (MM/DDNYI POLICY EXPIRATION DATE (MM/DDIYYI LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR OWNER'S & CONTRACTOR'S PROT TBD 04/06/00 04/06/01 GENERAL AGGREGATE s2000000 PRODUCTS - COMP/OP AGG 82000000 PERSONAL & AD') INJURY 9 2000000 EACH OCCURRENCE s2000000 X FIRE DAMAGE (Any one fire) 0 50000 MED EXP [Any one person) s 5000 AUTOMOBILE UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident $ PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE EXCESS LIABIUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE $ AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERSLIABIUTY THE PROPRIETOR! INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL TORY L M TS OER ., .. EL EACH ACCIDENT $ EL DISEASE - POLICY LIMIT $ EL DISEASE. EA EMPLOYEE B OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER :: -.- '. City of Fayetteville 113 W. Mountain St. Fayetteville AR 72701 iACORD 25-S .(1195)- ;� CITYFA1 CANCELLATION 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. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATICIN OR LIABILITY OF ANY KIND UPON THE CO . ITS AGENTS OR REPR NTATIVES. AUTHORIZED REPRESENTATIVE Danny Schneider, CIC - :: @ACORD CORPORATION X1988 Section 00005 TABLE OF CONTENTS Highway 45 East Water Line Relocation, Phase 1, Bid # 00-29 ' Section No. Title Pages 00005 Table of Contents ................................. 00005-1 to 00005-2 00020 Advertisement for Bids ............................ 00020-1 to 00020-2 BIDDING REQUIREMENTS 00100 Instructions to Bidders ............................. 00100-1 to 00100-10 ' 00300 Bid Form .......................................00300-1 to 00300-5 00350 Bid Bond .. 00350-1 to 00350-2 Notice of Selection ................... .. 00350-3 CONTRACT FORMS AND CONDITIONS 00500 Agreement Form Between Owner & Contractor ......... 00500-1 to 00500-7 Construction Performance Bond - Exhibit A ............ 00500-8 Construction Payment Bond - Exhibit B ...............00500-9 1 Certificates of Insurance - Exhibit C .................. 00500-10 Notice to Proceed .......... .. 00500-11 00700 General Conditions ............................... 1 to 42 00800 SupplementaryConditions .......................... 00800-1 to 00800-16 SPECIFICATIONS Division 1 - General Requirements I. 01010 Summaryof Work ............................... 01010-1 to 01010-3 . 01025 Measurement and Payment .. 01025-1 to 01025-17 01027 Applications for Payment ........................... 01027-1 to 01027-3 01035 Modification Procedure ..................... 01035-1 to 01035-3 01040 Coordination and Meetings ......... 01040-1 to 01040-4 01051 Construction Surveys .............................. 01051-1 to 01051-2 01060 Regulatory Requirements ...........................01060-1 to 01060-3 01090 Reference Standards and Abbreviations .. .. . . . . . . . . .. 01090-1 to 01090-3 01300 Submittals .. 01300-1 to 01300-4 01310 Progress Schedules................................01310-1 to 01310-2 1 01410 Testing Laboratory Services ......................... 01410-1 to 01410-3 01500 Construction Facilities & Temporary Controls ........ .. 01500-1 to 01500-5 01620 Storage and Protection ............................. 01620-1 to 01620-2 01630 Product Options and Substitutions .................... 01630-1 to 01630-2 01700 Contract Closeout.................................01700-1 to 01700-5 I City of Fayetteville I 02/28/00 Page 00005-1 II IDivision 2 - Site Work ' 02100 02161 02220 02261 ' 02270 02600 02615 02616 02622 02641 02644 02666 02675 • 02840 • 02900 Site Preparation ............. ................. 02100-1 to 02100-3 Excavation Safety ................................ 02161-1 Excavation and Embankment .......................02220-1 to 02220-10 Site Restoration .................................. 02261-1 to 02261-7 Slope Protection and Erosion Control .................02270-1 to 02270-4 Pipe laying......................................02600-1 to 02600-4 Iron Pipe and Fittings .............................. 02615-1 to 02615-4 Polyethylene Encasement ...........................02616-1 to 02616-2 Plastic Pipe and Fittings ............................ 02622-1 to 02622-4 Valves .........................................02641-1 to 02641-6 Fire Hydrants .................................... 02644-1 to 02644-3 Potable Water Services 02666-1 to 02666-3 ............................ Water System Maintenance of Service & Disinfection .... 02675-1 to 02675-4 Signage........... ..............................02840-1 to 02840-4 Landscaping ..................................... 02900-1 to 02900-12 Division 3 - Concrete 03210 Reinforcing Steel.................................03210-Ito 03210-3 03316 Miscellaneous Concrete Work ....................... 03316-1 to 03316-13 Division 5 - Metals 05500 Fabricated Metal Work and Castings .................05500-1 to 05500-7 End of Section 00005 I' City of Fayetteville 02/28/00 Page 00005-2 I Section 00020 ADVERTISEMENT FOR BIDS ' Date: March 5 & March 12, 2000 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 10:00 a.m. (local time) on Tuesday, March 21, 2000, for furnishing all tools, materials and labor and performing the necessary work for the Highway 45 East Water Line Relocation - Phase 1, Bid #00- 29 for Fayetteville, Arkansas. At this time all bids received will be publicly opened and read aloud. If necessary the location for the public opening of the bids may be in another room in the City Administration Building. The work generally consists of: 310 if of 12 inch ductile iron water line, restrained joint gaskets, fittings, 90 If of 24 inch encasement by bore and jack, 60 if of 24 inch encasement by open cut, connections to existing lines, one fire hydrant, site preparation and cleanup, and all items indicated in the Drawings and • Specifications. 11 Drawings and specifications are on file and may be examined at the office of the Engineering Division, City of Fayetteville. Bidders may obtain free copies of these documents from this office. Suppliers will be charged $25.00 for the drawings and specifications which is not 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. Pursuant to Arkansas Code Annotated 22-9-203, the City of Fayetteville encourages all qualified small, 1 minority and women business enterprises to bid on and receive contracts for goods, services and construction. Also, the City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. Bid security, as defined in the Instructions To Bidders, in the amount of 5 percent of the Bid must accompany the Bid. Bidding Documents can be reviewed at the: ' City of Fayetteville Engineering Division (Phone: 501-575-8206) 113 W. Mountain Fayetteville, AR 72701 The successful Bidder will be required to famish 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. City of Fayetteville 02/28/00 Page 00020-1 The City Council reserves the right to reject any or all bids, to waive any and all formalities and/or 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. /s/ Peggy Vice Peggy Vice, Purchasing Officer I I I I ICity of Fayetteville 02/28/00 Page 00020-2 ' I I II I EI [1 Section 00100 INSTRUCTIONS TO BIDDERS 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 1.3 1.4 I 12 1 2.1 bid to a Bidder. Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. Successful Bidder - the lowest, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. COPIES OF BIDDING DOCUMENTS 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 finnish. 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. I ' City of Fayetteville 07/12/99 Page 00100-1 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 I 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. City of Fayetteville 07/12/99 Page 00100-2 r4 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. ' 7 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. City of Fayetteville 07/12/99 Page 00100-3 I. _r- 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. I: 1 �t911� 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 and in words 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. In case of a difference in the written words and figures, the amount stated in written words shall govern. 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 carnet, 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. 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. I' City of Fayetteville 07/12/99 Page 00100-4 I 1 1 1 1 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 9.3 9.4 9.5 1 10 I 1 I All names must be typed or printed in black ink below the signature. The address and telephone number for communications regarding the Bid must be shown. Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with Owner. The Bid shall also contain a signed acknowledgment of receipt of all Addenda. BID SECURITY 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 Selection, Owner may annul the Notice of Selection 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 sixty (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 thirty (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. ICity of Fayetteville 07/12/99 Page 00100-5 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. t12 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 ofworkman's compensation insurance and public liability insurance as maybe 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. Li City of Fayetteville 07/12/99 Page 00100-6 1 15 SUBSTITUTE AND "OR EQUAL" ITEMS I I I I I I 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. 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. I City of Fayetteville 07/12/99 Page 00100-7 J I I II II II I I I H 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 to 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 Selection. 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. I I' City of Fayetteville 07/12/99 Page 00100-8 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. 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 sixty (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. 1 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 Selection to the Successful Bidder, it will be accompanied by the number ofunsigned 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. ' City of Fayetteville 07/12/99 Page 00100-9 LI ' 26 FAMILIARITY WITH LAWS 26.1 Bidder is presumed to be familiarwith 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. ' 27 II II I I I I I I !H 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 ICity of Fayetteville 07/12/99 Page 00100-10 H Section 00300 BID FORM Bid #00-29 Highway 45 East Water Line Relocation - Phase 1 For Fayetteville, Arkansas Bid of �Jt:[5 T /I�l 82 V/4%/ (hereinafter called "Bidder"), a corporation, organized ' and existing under the laws of theState of , or a partnership, or an individual doing business as .1 * L fOAl To: City of Fayetteville, (hereinafter called the "Owner"): The Bidder, in compliance with the Owner's Advertisement For Bids on March 5, 2000 and March 12, ' 2000, 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 to 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 both substantially and fully complete the project within 21 consecutive ' calendar days thereafter as stipulated in the General Conditions. Should the contractor fail to complete the project within the stipulated 21 day time frame then liquidated damages in the amount of $100.00 per day shall be assessed for each calender day for the delay in completion. Bidder acknowledges receipt of the following addendum Addendum No. Subject L'Quir.T�' 1�An9Al�S /T�LIIST�CDGCiH� I H I City of Fayetteville 02/28/00 Page 00300-1 Highway 45 East Water Line Relocation - Phase I Note: Refer to Section 01025, "Measurement and Payment" for explanation of the specific bid items and incidental items. Item Estimated No. Ouantity Unit Description of Item and Unit Price Bid Total Amount 1 LS Mobilization (May not exceed 5% of total) p0 H � THA/SQw dollars ($ 3270 )/LS $3000 amount written in words in figures in figures 2 1 LS Clearing/Grubbing/Site Preparation vv T/UPiSAN/J' dollars ($_2000 )/LS $ 2000 amount written in words in figures in figures 3 1 LS Excavation Safety pu �vE Tx/Q15Ar✓P 17A& ,W44/fSPdollars ($ /SOO )/LS $ %V amount written in words in figures in figures 4 200 LF Silt Fence for Erosion Control eo dollars ($ 2 )/LF $ 'ycv amount written in words in figures in figures 5 100 LF Tree Protection Fencing dollars ($)/LF $_20( 00 amount written in words in figures in figures 6 1 LS Maintenance of Traffic/Safety/Security o0 UO 774a'jsd vP F ,4 t uP, tD dollars ($ OU )/LS $ /frZV amount written in words in figures in figures City of Fayetteville 02/28/00 Page 00300-2 7 l 1 EA 6"x 6" Tapping Sleeve and Valve T,u�asaWn .sFi t/N<fiyy2bY dollars ($/00 )/EA $ /7OD amount written in words in figures in figures 8 310 LF 12" Ductile Iron Water Line rr (Including Field Lok gaskets or approved equal) 127V E/GNT dollars ($It t)/LF $ 80 00 amount written in words - in figures in figures 9 90 LF 24 " Steel Encasement by Jack and Bore (Including spacers and end seal(s)) v ,qay i? r Jy 5/Y dollars ($ )/LF $ O O amount written in words in figures in figures 10 60 LF 24" Steel Encasement by Open Cut (Including spacers and end seal(s)) OO at ,V4'44fl' 7N/*2%Y 7Z'5 dollars ($ /92 )/LF $ %O amount written in words in figures in figures 11 200 CY Rock Excavation �rd�i✓TY f%de dollars ($ %s )/CY $ amount written in words in figures in figures 12 1800 Pounds Ductile Iron Fittings (Including Field Lok gaskets or approved equal) Uo 00 / pit2 dollars ($7O)/LB $ 7i 08 amount written in words in figures in figures 13 1 LS Thrust Blocking OU Fy� AQ,VM?�n dollars ($ coo )/LS amount written in words in figures City of Fayetteville 02/28/00 6 faa in figures Page 00300-3 II 14 1 EA 12" Butterfly Valve 1 � Tl/'a ✓O T,✓O NU%'S dollars ($ Sn )/EA amount written in words in figures I 15 1 EA Fire Hydrant Assembly (Note: 48 inch bury, includes connecting 6 inch line) ad $ .3Z.� in figures T7vcW5 or✓r ace ,uu,✓. 4!t V dollars ($_I° )/EA $_Z/00 amount written in words in figures in figures 16 1 EA Connect to Existing 4" Line Nom, t�/!!it✓ ______________________dollars ($ )/EA $ J2O amount written in words in figures in figures 17 1 EA New 3/4 inch Meter/Service ow JU mil N!U/✓� dollars ($�)/EA $ amount written in words in figures in figures 18 2 EA Cut and Cap Existing 4" Line DOS ) C4a Ms/rnOy dollars ($ 1/OO )/EA $ amount written in words in figures in figures 1 19 1 EA Salvage Existing Fire Hydrant to the City w �i/✓.ub/f�/7 dollars ($ )/EA $ amount written in words in figures in figures ' 20 10 Tons Aggregate Base Course __ dollars ($ 50 )/TN $ so amount written in words in figures in figures 21 1 LS Final Cleanup/Seeding/Mulching •is 00 ____________________dollars ($ &2)/LS $ /f amount written in words in figures in figures City of Fayetteville 02/28/00 Page 00300-4 O✓E debyoeCP s1x ,rxivds4n'Fvn7f ,ljo/1A25 JL TOTALBASE BID............................................................................ $1. The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and the total bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govern. Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and to waive any formalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the scheduled closing time for receiving bids. Respectfully submitted, �L //Address LliYJ7�U/l1 /r'� City State 7O3'ZSioya2 Arkansas State Contractor's License Number End of Section 00300 - Bid Form City of Fayetteville 02/28/00 Page 00300-5 I 1 N I 1 1 1 Section 00350 t 1 t I► 1 STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS, that we: Principal and Contractor, and hereinafter called Surety, are held and firmly bound unto the City of Fayetteville , Arkansas and represented by its Mayor and City Council, hereinafter called Owner, in the sum of DOLLARS ($. lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal contemplates submitting or has submitted a bid to the Owner for the furnishing of all labor, materials (except those to be specifically furnished by the Owner), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Bid and the detailed Drawings and Specifications, entitled: Highway 45 East Water Line Relocation - Phase 1, Bid # 00-29 For the City of Fayetteville, Arkansas WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check, certified check, or bid bond in the amount of 5 percent of the base bid be submitted with said bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the Owner for the performance of said Contract within twelve (12) consecutive calendar days after written notice having been given of the award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within twelve (12) consecutive calendar days after written notice of such acceptance enters into a written Contract with the Owner and furnishes a Contract Surety Bond in an amount equal to 100 percent of the base bid, satisfactory to the Owner, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the Owner and the Surety herein agrees to pay said sum immediately upon demand of the Owner in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. City of Fayetteville 02/28/00 00350 - 1 IN WITNESS WHEREOF, the said caused these presents to be signed in its name by its attested by its these presents to be signed in its name by its under its corporate seal, this Signed, sealed and delivered in the presence of: Surety As to Principal As to Surety City of Fayetteville By as Principal herein, has and under its corporate seal, and the said as Surety herein, has caused day of A.D., 19_. Principal -Contractor Title Attorney -in -Fact (Power -of -Attorney to be Attached) am 02/28/00 Resident Agent 00350-2 NOTICE OF SELECTION TO: PROJECT DESCRIPTION: Highway 45 East Water Line Relocation, Phase 1, Bid # 00-29 for the City of Fayetteville The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , 2000 and Instructions to Bidders. You 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 twelve (12) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said BONDS within twelve (12) 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 , 2000. FAYETTEVILLE CITY ENGINEERING Title A CCEPTANCE OF NOTICE Receipt of the above NOTICE OF SELECTION is hereby acknowledged this By day of 199 City of Fayetteville 02/28/00 00350- 3 I I I I I I I I I I I I I I I I I Section 00500 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 2000 by and between the City of Fayetteville, Arkansas (hereinafter called OWNER) and (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: Project - Highway 45 East Water Line Relocation - Phase 1, Bid # 00-29 for the City of Fayetteville 310 if of 12 inch ductile iron water line, restrained joint gaskets, fittings, 90 If of 24 inch encasement by bore and jack, 60 if of 24 inch encasement by open cut, connections to existing lines, one fire hydrant, site preparation and cleanup, and all items indicated in the Drawings and Specifications. Article 2. ENGINEER. The Project has been designed by City of Fayetteville Engineering Division 113 W. Mountain Fayetteville, Arkansas 72701 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 both substantially and fully completed and ready for final payment within 221 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence City of Fayetteville 02/28/00 Page 00500-1 I I I I I I I I I I I LI I I I 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 One hundred dollars (S200.00) for each day that expires after the time specified in paragraph 3.1 for Substantial and Final Completion. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. PAYMENT ITEMS Item No. Item Description Unit Estimated Quantity Unit Price Extended Price • Total Base Bid Amount 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. City of Fayetteville 02/28/00 Page 00500-2 I I I CI I I I I I I I I I 'I L I I 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. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 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. 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. City of Fayetteville 02/28/00 Page 00500-3 I 5.3 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. ' 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. City of Fayetteville 02/28/00 Page 00500-4 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. 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 _ , 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 1 to 15, inclusive). ■ 7.7. Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof. 7.8. Addenda numbers _ to —, inclusive. ' 7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1 through 25, inclusive with each sheet bearing the following general title: Highway 45 East Water Line Relocation Phase 1, Bid # 00-29 II I, City of Fayetteville 02/28/00 Page 00500-5 I ' 7.10. The following which maybe 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. 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 City of Fayetteville 02/28/00 Page 00500-6 ,1 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in quadruplicate. 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 , 2000 (which is the Effective Date of the Agreement). OWNER: City of Fayetteville By: Mayor Attest 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.) Title [CORPORATE SEAL] Attest Address for giving notices License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign) City of Fayetteville 02/28/00 Page 00500-7 NOTICE TO PROCEED TO: DATE: PROJECT: Highway 45 East Water Line Relocation, Phase 1, Bid # 00-29 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 2000. The date for final completion is therefore , 2000. CITY OF FAYETTEVILLE, ARKANSAS Owner By Staff Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of , 2000. By Title City of Fayetteville 02/28/00 Page 00500-11 I I I This document has Iimportent 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 National Society of Professional Engineers ' AMERICAN CONSULTING Prale55ienal 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 I I I I P1 J 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 a� r 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) F C 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 00700-2 TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..................................... 00700 -6 1.01 Defined Terms .................................................... 00700 -6 1.02 Terminology..................................................... 00700 - 8 ARTICLE 2 - PRELIMINARY MATTERS ............................................ 00700 - 9 2.01 Delivery of Bonds ................................................. 00700 - 9 2.02 Copies of Documents ............................................... 00700 - 9 2.03 Commencement of Contract Times; Notice to Proceed ..........................00700-9 2.04 Starting the Work ................................................. 00700 - 9 2.05 Before Starting Construction .......................................... 00700 - 9 2.06 Preconstruction Conference .......................................... 00700 - 10 2.07 Initial Acceptance of Schedules ........................................ 00700-10 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 ............................................... 00700 - 11 ARTICLE 4- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .............................................. 00700 - 11 4.01 Availability of Lands .............................................. 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 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 ................................................ 00700- 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 .............................................. 00700 - 23 6.15 Hazard Communication Programs ....................................... 00700 - 23 00700-3 6.16 Emergencies .................... ' . , ............................. 00700 - 23 6.17 Shop Drawings and Samples .......................................... 00700 - 23 6.18 Continuing the Work ............................................... 00700 - 24 `. , 6.19 CONTRACTOR's General Warranty and 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 .................................... 00700 -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 ... 0 ........................ 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 I 9.03 Project Representative ............................... b ............. 00700 - 27 9.04 Clari1cations and Interpretations......................................(X)700 - 28 9.05 Authorized Variations in Work ...................................... 9.06 Rejecting Defective Work ............................................ .00700-28 00700 - 28 9.07 Shop Drawings, Change Orders and Payments ......... 00700 - 282e 9.08 .............. Determinations far 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 ....... a .............. 00700'- 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................... 00700-29 10.01 Authorized Changes in the Work .............................. 00700 - 29 ' 10.02 4 .. Unauthorized Changes in the Work ..................................... 00700 - 29 10.03 Execution of Change Orders ............. 4 ............................ 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 ................................................. 00700 - 32 t 11.03 Unit Price Work ................................................. 00700 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............. -32 00700-33 12.01 Change of Contract Price ........................................... 00700 - 33 12.02 Change of Contract Times ........................................... 00700 33 12.03 Delays Beyond CONIRACTOR's Control - 00700-33 12.04 Delays Within CONTRACTOR'S Control .................................. . 00700-34 1 12.05 Delays Beyond OWNER'S and CONTRACTOR'S Control ........................ 00700-34 12.06 Delay Damages ARTICLE 13 - ........... ............... ................... TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF ...... 00700-34 DEFECTIVE WORK ............................................... 00700-34 13.01 Notice of Defects ................................................ 00700 -34 13.02 Access to Work 13.03 ................................ .................. Tests and Inspections 00700- 34 13.04 ................ .......................... Uncovering Work 00700 - 34 , 13.05 ................ ......... ........................ OWNER May Stop the Work 00700-35 13.06 .............. ........ ................... Correction or Removal of Defective Work 00700 - 35 .................................00700-35 00700-4 II 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 ' 14.02 Progress Payments ................................................ 00700 - 37 14.03 CONTRACTOR's Warranty of Title ..................................... 00700 - 38 14.04 Substantial Completion ............................................. 00700 - 38 I. 14.05 Partial Utilization ....... ..... • .......... .... .. .. ........... • 00700 - 39 14.06 Final Inspection . 00700 - 39 14.07 Final Payment .................................................. 00700 -39 1 14.08 Final Completion Delayed ........................................... 00700 - 40 14.09 Waiver of Claims ................................................. 00700 -40 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................00700-40 ' W 15.01 OWNER May Suspend Work ....................................... .. 00700 - 40 15.02 ONM ER ay 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 I7 -MISCELLANEOUS ................................................00700-42 ' 17.01 Giving Notice ................................................... 00700 - 42 17.02 Computation of Times .............................................. 00700 - 42 17.03 Cumulative Remedies .............................................. 00700 -'1.2 17.04 Survival of Obligations ............................................. 00700 - 47. 17.05 Controlling Law ................................................. 00700 - 42 00700-5 GENERAL CONDITIONS ARTICLE I - 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 g asbstos fibers into the air above current nta lion levee or is lsestabl shed 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 00700-6 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 agreement between the concerning the Work. negotiations, represents written or oral. entire and integrated written OWNER and CONTRACTOR The Contract supersedes prior tions, or agreements, whether 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 Tim es —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. 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. OWNER --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. 00700-7 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 4 - C I I I I I I I 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. 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. 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). 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 Cie 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 ARTICLE 2- PRELIMINARY MATTERS 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. 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. Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to ram 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 rim later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work 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. Before Starting Construction A. CONTRACTOR'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 o 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 progresspayments 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, Codes, Laws, and Regulations 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), a II 00700-10 except as may be otherwise specifically stated in the 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). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (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 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: I. 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. 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. I I I 00700-12 2. CONTRACTOR shall not be entitled to any b. locating all Underground Facilities shown or adjustment in the Contract Price or Contract Times if: indicated in the Contract Documents, 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, 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 onuments, and shall make no changes or relocations ithout the prior written approval of OWNER. DNTRACTOR shall report to ENGINEER whenever any ference point or property monument is lost or destroyed or quires relocation because of necessary changes in grades or cations, and shall be responsible for the accurate placement or relocation of such reference points or operty monuments by professionally qualified personnel. 06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Lpplementary Conditions for the identification of those ?orts and drawings relating to a Hazardous Environmental mdition identified at the Site, if any, that have been utilized the ENGINEER in the preparation of the Contract xuments. B. Limited Reliance by CONTRACTOR on Technical ua Authorized: CONTRACTOR may rely upon the neral accuracy of the "technical data" contained in such )orts and drawings, but such reports and drawings are not mtract Documents. Such "technical data" is identified in Supplementary Conditions. Except for such reliance on ah "technical data," CONTRACTOR may not rely upon or ike any Claim against OWNER, ENGINEER or any of JGINEER'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 zardous Environmental Condition uncovered or revealed he Site which was not shown or indicated in Drawings or :cifrcations or identified in the Contract Documents to be hin the scope of the Work. CONTRACTOR shall be ,onsible for a Hazardous Environmental Condition created h any materials brought to the Site by CONTRACTOR, ,contractors, Suppliers, or anyone else for whom CON - ACTOR is responsible. D. If CONTRACTOR encounters a Hazardous ironmental Condition or if CONTRACTOR or anyone for Im 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 wriiing). 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 1 00700-14 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.B 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 COA RACTOR'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 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. remaiti in effect at least until final payment and at all times thereafter when CONTRACTOR may be 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); 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 been i sued, evidence whom satisfactory to OWNER ande f d 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 (subjecrto 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; LI ii 00700-16 II I fl LJ I E J I E I I [l I I I I I C 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 parry 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 00700-17 I I 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.B 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 5.08.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. El I I I I I I I I I Li J I I I 00700-18 II )2 Labor; Working Hours t. CONTRACTOR shall provide competent, suitably alified personnel to survey, lay out, and construct the k as required by the Contract Documents. CON- CTOR f shall at all times maintain good discipline and at the Site. I. Except as otherwise required for the safety or ction of persons or the Work or property at the Site or ljacent thereto, and except as otherwise stated in the ,tract Documents, all Work at the Site shall be performed ng regular working hours, and CONTRACTOR will not :rmit overtime work or the performance of Work on tday, Sunday, or any legal holiday without OWNER's en consent (which will not be unreasonably withheld) even after prior written notice to ENGINEER. IServices, Materials, and Equipment A. Unless otherwise specified in the General Re- Ilements, CONTRACTOR shall provide and assume full onsibiliry for all services, materials, equipment, labor, -ansportation, construction equipment and machinery, tools, •liances, fuel, power, light, heat, telephone, water, tary facilities, temporary facilities, and all other facilities incidentals necessary for the performance, testing, tart -up, and completion of the Work. B. All materials and equipment incorporated into the York shall be as specified or, if not specified, shall be of d quality and new, except as otherwise provided in the tract Documents. All warranties and guarantees ;pecifically called for by the Specifications shall expressly to the benefit of OWNER. If required by ENGINEER, NTRACTOR shall furnish satisfactory evidence luding reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and ipment shall be stored, applied, installed, connected, cted, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, �ept as otherwise may be provided in the Contract Docu- nts. Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be usted 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 thereto. 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 [1 paragraph 6.05.A.1, it will be considered a proposed substitute iteut. 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 Ps P' 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.B 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 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 Ii I I 1 I I I I I I J LI 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. I I I 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 I 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 costs) 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 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 I4.07.B 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.1. 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 1 1 I II 00700-24 II I 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 will 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. 6.20 Indemnification 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 tc 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: 00700-25 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. 11 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 Workdepends 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 I I I I I U I and tests of subsurface conditions and drawings of physical (nditions in or relating to existing surface or subsurface uctures at or contiguous to the Site that have been utilized ENGINEER in preparing the Contract Documents. 106 Insurance A. OWNER'S responsibilities, if any, in respect to pur- asing and maintaining liability and property insurance are lit forth in Article 5. I07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 108 Inspections, Tests, and Approvals �A. OWNER's responsibility in respect to certain inspec- ns, tests, and approvals is set forth in paragraph 13.03.B. j09 Limitations on OWNER Is Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, NTRACTOR's means, methods, techniques, sequences, procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CON- CTOR to comply with Laws and Regulations applicable the performance of the Work. OWNER will not be sponsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 10 Undisclosed Hazardous Environmental Condition • A. OWNER's responsibility in respect to an undisclosed zardous Environmental Condition is set forth in paragraph 4.06. 1 1 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish NTRACTOR reasonable evidence that financial angements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's ponsibility in respect thereof will be as set forth in the pplementary Conditions. 11 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 willhaveauthority 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 alto 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- sibilities 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 00700-28 II I C I I I U or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shah 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 10.0l.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. DIt'YL6AJWJU 11 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.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. 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 party, 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.B, •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 party, 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.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. 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. 1 I I I I I I I I I L I I 00700-30 I I I C I 3. Payments made by CONTRACTOR to Subcontractors 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 5.06.1)), 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 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be I 11 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 11.01.8, 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- ances 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 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. 11 11 I I I I I I I I I I 00700-32 I ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price 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 12.01.8.2, 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 tinder paragraphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph ' 11.01.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 1I.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, 11.01.A.5, and I1.01.B; 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 12.0I.C.2.a through 12.OI.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 CONTRACIOR'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 1 00700 - 33 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: 1. for inspections, tests, or approvals covered by lr 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.E 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. 00700-34 I.1 'I I I I I I L I I I I I I L I 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 00700-351 'I item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 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. 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- struction 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. I I .I I I' I .I I] I Li I I B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In 00700-36 1 1 14.02 Progress Payments I I 1 L li II LI I I II II II A. Applications 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 beT 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, I! 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. I 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 I. 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. M 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work I 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 `a 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 Ii II 11 I I I 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 A. 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. 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 00700-39 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. I I 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 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. A. The making and acceptance of final payment will B. If one or moreof the events identified in paragraph constitute: 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate I I I LI '. L I 00700-40 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 dayof 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. I I II 00700-42 c ..i tlilz.itl SUPPLEMENTARY CONDITIONS LIST OF SUBJECTS SC -1.01 Defined Terms SC -2.02 Copies ofDocuments SC -2.03 Commencement of Contract Times; Notice to Proceed SC -2.05.B Preliminary Schedules: SC -2.05.C Evidence ofInsurance: 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 ofInsurance 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 ofInsurance 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 ofApplications 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 City of Fayetteville 09/2/99 Page 00800-1 I Y' These Supplementary Conditions amend or supplement the Standard General Conditions of the I 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 I 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 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 1 sewers and other appurtenances as shown on the Drawings." a. SC -2.02 Copies ofDocuments 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 finish 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." City of Fayetteville 09/2/99 Page 00800-2 I I El SC -2.03 Commencement of Contract Times; Notice to Proceed Delete the last sentence of paragraph 2.03.A of the General Conditions in its entirety and insert the following in its place: "In no event will the Contract Times commence to run later than the one hundred eightieth (180th) day after the day of Bid opening or the one hundred twentieth (120'") day after the Effective Date of the Agreement, whichever date is earlier." SC -2.05.B. Preliminary Schedules: Add the following to the end of paragraph 2.05.B.3 of the General Conditions: "The unit prices provided by CONTRACTOR in the Bid Form shall serve as the basis of the Schedule of Values. Additional subdivision of unit price or lump sum items 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 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: "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 ofUnderground 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, 1 CONTRACTOR will be paid for the actual Unit Price Work installed." I ICity of Fayetteville 09/2/99 Page 00800-3 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 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 furnished 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. Additional Information: 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 I LI I l I I 1 I. I I I City of Fayetteville 09/2/99 Page 00800-4 I Bonds his power -of -attorney. The mere countersigning of the Bonds by a resident agent shall not be sufficient. IC. 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." SC -5.03 Certificates of Insurance I 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 1 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: 1) 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 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 Each person $2,000,000.00 Each occurrence ' Property Damage: $500,000.00 Each occurrence 1 City of Fayetteville 09/2/99 Page 00800-5 or (2) a combined single limit of $2,000,000.00. SC-5.04.B.I. 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 (OWNER and ENGINEER). 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. SC -5.06 Property Insurance 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 City of Fayetteville 09/2/99 Page 00800-6 1 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 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 IDelete 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: 1 "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." II City of Fayetteville 09/2/99 Page 00800-7 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: ADEQ 8001 National Drive P.O. Box 8913 Little Rock, Arkansas 72219-8913 (501) 682-0744 SC -6.19 CONTRACTOR's General Warranty and Guarantee 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 ofwritten 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. Utilities being required to relocate are not known at this time. 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 ofother utilities, nor is the proposed schedule for relocating these utilities known. Also, OWNER and ENGINEER cannot be certain that each and every utility I '- I I I U II I I I I. City of Fayetteville 09/2/99 Sjj: 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: "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. 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 City of Fayetteville 09/2/99 Page 00800-9 I 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. 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 A. 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." 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: 1. if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and 'I I I I I City of Fayetteville 09/2/99 Page 00800-10 1 II II II I I I I I 2. if there is no corresponding adjustment with respect to any other item of Work; and 3. 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 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: l) 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 ajoint 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 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 ICity of Fayetteville 09/2/99 Page 00800-11 I 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. 4. Ifpayment 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 ofApplications 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 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: The proposed water line has been properly installed, tested and passed all testing aspects. City of Fayetteville 09/2/99 Page 00800-12 I I Li I I L] 1 I I I I t I II I 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. 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 and seeding & 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 pipeline 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." City of Fayetteville 09/2/99 Page 00800-13 -SC -16.01 Methods and Procedures Add a new paragraph 16.01.E immediately following paragraph 16.01.A of the General Conditions which shall read as follows: "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. City of Fayetteville 09/2/99 Page 00800-14 tl Section 01010 SUMMARY OF WORK Part 1 - GENERAL 1.1 SECTION INCLUDES A. Project Scope B. Work by Others C. Work Sequence D. Contractor Use of Premises 1.2 CONTRACT SCOPE A. This work is required to replace the existing 4 inch water line crossing under Highway 45 east at Wyman Road in preparation for the Arkansas Highway and Transportation Department replacement of the bridges on Highway 45 east over the White River and Richland Creek. The work will include providing a new 12 inch water line under Highway 45 east connecting into the existing 6 inch line north of Highway 45 east and the existing 4 inch line on Wyman Road. The work will include mobilization, site preparation, installation of a 6x6 tapping sleeve and valve, installation of new 12 inch DIP water line and fittings complete with restrained joints using Field Lok gaskets (or approved equal), thrust blocking, installation of 24 inch diameter steel encasement complete with spacers and end seals, installation on one fire hydrant assembly, one meter/service, connection to existing 4 inch water line, disinfection and testing, cut and cap existing line, restoration and cleanup. 1.3 WORK BY OTHERS A. Southwestern Bell has utilities in the area that must be avoided and may need to be protected. B. Other telephone or communications companies may have underground cables in the area. The contractor shall have these located and protected as necessary. 1.4 CONTRACTOR'S USE OF PREMISES 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. ICity of Fayetteville 02/28/00 Page 01010-1 Li 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. 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 roadway, signal related work, and pavement markings. End of Section 01010 I ICity of Fayetteville 02/28/00 I Page 01010-2 C ISection 01025 MEASUREMENT AND PAYMENT IPart 1- GENERAL 1.1 SECTION INCLUDES: A. Delineation of measurement and payment criteria applicable to Unit Price Work, whether Ithe 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, or a designated representative, will take all measurements and compute Iquantities accordingly. C. Contractor shall 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 Iby Engineer shall determine payment except those items of work that will be paid based on plan quantities. IB. If the actual Work requires more or fewer quantities than those quantities indicated, provide the required quantities at the unit prices contracted. I1.4 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 height or thickness with survey chain or a steel tape. IC. Measurement by Area: Measured by square dimension using mean length and width or radius, with survey chain or steel tape. iCity of Fayetteville 02/28/00 Page 01025-1 I 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 (or designated representative). itavi ion 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. 1.6 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. C. The authority of Engineer to assess the defect and identify payment adjustment is final. 1.7 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. 1.8 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 bid item 3 - Excavation Safety and bid item 6 - Maintenance of Traffic/Safety/Security, which are separate bid/pay items. City of Fayetteville 02/28/00 Page 01025-2 I I I [1 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. D. Project closeout. Project record documents, project closeout 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 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 Mobilization a. Description - The preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of the Contractor's offices, buildings, and other facilities necessary to undertake the work on the project. This item shall also include other work and operations that must be performed, or for expenses incurred, before beginning work on the various Contract items on the project site including notification of residents for water outages and/or boil orders. In no case shall the amount bid for the item of "Mobilization" exceed 5% of the total contract amount for all other items listed in the proposal. b. Incidental Items - It shall also include pre -construction costs which are necessary direct costs to the project and are of a general nature rather than directly attributable to other pay items under the Contract. c. Related Items - None. d. Units and Measurement - Paid as lump sum. e. Partial Payment Provisions - Not allowable on this contract. 2. Clearing/Grubbing/Site Preparation a. Description - Removal of individual, isolated trees, stumps, roots, large rocks, spoil material, Removing and disposing of existing pipes, existing pavement (gravel, concrete and/or asphalt), existing concrete drainage structures, existing concrete walls, sidewalk, and concrete curb and gutter. This item includes scalping, brush removal, sapling removal and the disposal of any unsuitable soil material and vegetative material removed from the site that is not paid for under any other pay item. This item includes preparing the site for construction of the various items that are indicated on the Drawings and for any work not specifically noted and paid for but required to complete the project (i.e. temporary fencing and/or relocating fences, saw cutting any pavement, etc) City of Fayetteville [iflfl:1L1I1] Page 01025-3 b. Incidental Items - Incidental items include restoration of demolition areas, and furnishing all equipment, materials, and labor necessary to complete the various items of this work. c. Related Items - None. d. Units and Measurement - Payment shall be as a lump sum. e. Partial Payment Provisions - To be paid as a percentage of the amount bid, in proportion to the ratio of all other items included in a pay request to the total Contract Price. 3. Excavation Safety a. Description - Compliance with provisions of the Arkansas Excavation Safety Act, including management practices, construction techniques, personnel training, supervision, excavation site staffing, and other provisions required by Act 291 of 1993 and 29 CFR 1296 Subpart P. b. Incidental Items - Any reporting required of the Contractor by Federal or State agencies is incidental. c. Related Items - None. d. Units and Measurement - Paid as a lump sum. e. Partial Payment Provisions - To be paid as a percentage of the amount bid, in proportion to the ratio of all other items included in a pay request to the total Contract Price. 4. Silt Fence for Erosion Control a. Description - Provide silt fence as indicated on the details in the Drawings and per these specifications at location indicated on the Drawings or as directed by the Engineer. b. Incidental Items - Equipment, labor, materials and any other item necessary to complete the work. c. Related Items - Straw Bales may be used in conjunction with silt fence, the straw bales shall be paid for as a separate pay item. Site preparation shall include any costs due to permits for erosion control (storm water pollution prevention) with the governing agencies. d. Units and Measurement - Payment shall be at the unit price per linear foot of silt fence famished, installed and accepted by Engineer. e. Partial Payment Provisions - None. 5. Tree Protection Fencing ■ a. Description - Provide tree protection fencing per the detail in the Drawings at all the locations indicated on the Drawings and/or as directed by the Engineer. b. Incidental Items - All items needed to furnish and install this protection fencing as indicated in the Drawings. All material, equipment, labor, and any other item necessary to complete the work. IC. Related Items - Site preparation is paid under a separate pay item. d. Units and Measurement - Payment shall be at the unit price per linear foot furnished and placed and accepted by Engineer. Measurement will be defined in paragraph 1.4D. e. Partial Payment Provisions - None. II City of Fayetteville 02/28/00 Page 01025-4 6. Maintenance of TraffelSafety/Security. a. Description - Provide all signs, barricades, and other traffic control devices in accordance with the Manual on Traffic Control Devices. Allow residents access to their houses. Provide all necessary signs, fences, barricades, personnel and whatever means the contractor deems necessary to secure the site and to protect the public and the work. b. Incidental Items - Providing all components of traffic control, safety and security and furnishing equipment, labor, and materials required to complete the work. c. Related Items - None. d. Units and Measurement - Paid as a lump sum. e. Partial Payment Provisions - To be paid as a percentage of the amount bid, in proportion to the ratio of all other items included in a pay request to the total Contract Price. 7. Tapping Sleeve and Valve a. Description - Trenching, bedding, laying, backfilling, furnishing and installing of tapping sleeve and valve indicated on the Drawings. b. Incidental Items - Incidental items include excavation, backfill, bedding, valve box, valve box concrete collar, and equipment, labor, and materials necessary to complete the work. c. Related Items - Water line, fittings and concrete thrust blocking are paid for under separate pay items. d. Units and Measurement - Payment shall be at the unit price per each tapping sleeve and valve in place and accepted by Engineer. e. Partial Payment Provisions - Partial payment will not be made for this project. 8. 12" Diameter Ductile Iron Water Line (including Field Lok gaskets or approved equal). ' a. Description - Furnish and install ductile iron pipe for water service, including trenching, backfill, bedding, dressing, and equipment, labor, and materials necessary to complete the work. This item shall include Field Lok gaskets, or approved equal, at all joints for the ductile iron water line and '• fittings. b. Incidental Items - Excavation, backfill, bedding, trace wire, trench/pipe detection tape, polyethylene encasement, dressing, and equipment, labor, and materials necessary to complete ' the work. c. Related Items - Steel encasement, ductile iron fittings to be used with water pipe and concrete thrust blocking will be paid under another item. d. Measurement and Payment - Payment shall be at the unit price per linear foot of water pipe furnished and in place, and accepted by Engineer measured from center to center of fittings and valves to the nearest foot. 'e. Partial Payment Provisions - Partial payment will not be made for this project. II City of Fayetteville 02/28/00 Page 01025-5 9. 24" Steel Encasement by Jack and Bore a. Description - Furnish and install 24 inch smooth steel encasement under the Highway including trenching, bore pit(s), backfill (regardless of the type of backfill), the uni-flange spacers (or approved equal), the APS-Pull on end seals (or approved equal) and equipment, labor, and materials necessary to complete the work. b. Incidental Items - Excavation (except for "Rock" excavation), backfill, bedding, trace wire, and equipment, labor, and materials necessary to complete the work. c. Related Items - Ductile iron water line, ductile iron fittings to be used with water pipe and thrust blocking will be paid under another item. d. Measurement and Payment - Payment shall be at the unit price per linear foot of steel encasement pipe furnished and in place, and accepted by Engineer measured from the ends of the encasement pipe. Payment shall be made only for successful bores which satisfy the requirements of the plans and specifications. e. Partial Payment Provisions - Partial payment will not be made for this project. 10. 24" Steel Encasement by open cut a. Description - Furnish and install 24 inch smooth steel encasement where shown on the plans or directed by the engineer including trenching, backfill, the uni-flange spacers (or approved equal), the APS-Pull on end seals (or approved equal) and equipment, labor, and materials necessary to complete the work. b. Incidental Items - Excavation (except for "Rock" excavation), backfill, bedding, trace wire, and equipment, labor, and materials necessary to complete the work. c. Related Items - Ductile iron water line, ductile iron fittings to be used with water pipe and thrust blocking will be paid under another item. `Rock" excavation and Aggregate base course backfill, if directed by the Engineer, will be paid under another item. d. Measurement and Payment - Payment shall be at the unit price per linear foot of steel encasement furnished and in place, and accepted by Engineer measured the ends of the encasement pipe. e. Partial Payment Provisions - Partial payment will not be made for this project. 11. Rock Excavation a. Description - Removal of material meeting the definition of rock. b. Incidental Items - Equipment, labor, and materials necessary to complete the work. "Common excavation". c. Related Items - "Common excavation" is all excavation that is not rock excavation. No separate payment will be allowed for common excavation. d. Units and Measurement - Payment shall be at the unit price per cubic yard excavated and accepted by Engineer. Measurement will be agreed to on site my Engineer and Contractor, and shall be in -place measurement of the rock removed. e. Partial Payment Provisions - No partial payment will be made for this item. City of Fayetteville 02/28/00 Page 01025-6 Ductile Iron Fittings (including Field Lok gaskets or approved equal) Description - Providing tees, bends, caps, and other ductile iron fittings as indicated on the Drawings or needed to accomplish the required construction. This item shall include Field Lok gaskets, or approved equal, at all joints for the ductile iron water line and fittings. Incidental Items - Incidental items include excavation, backfill, bedding, polyethylene encasement, tracer wire and equipment, labor, and materials necessary to complete the work. Water line pipe, appurtenances and concrete thrust blocking are paid for under separate pay items. Units and Measurement - Payment shall be at the unit price per pound of fittings installed and accepted by Engineer. Partial Payment Provisions - Partial payment will not be made for this project. Thrust Blocking Description - Providing all concrete thrust blocking, steel reinforcing, anchor bolts and hold down clamps as indicated on the Drawings or needed to accomplish the required construction. Incidental Items - Incidental items include excavation, backfill, bedding and equipment, labor, and materials necessary to complete the work. Related Items - Water line pipe and appurtenances are paid for under separate pay items. Units and Measurement - Payment shall be at the lump sum unit price for complete installation as accepted by the Engineer. Partial Payment Provisions - Partial payment will not be made for this project. 12" Butterfly Valve Description - Trenching, bedding, laying, backfilling, furnishing and installing of 12 inch butterfly valve indicated on the Drawings. This item includes joint restraints. Incidental Items -Incidental items include excavation, backfill, bedding, polyethylene encasement, tracer wire, valve box, valve box concrete collar and equipment, labor, and materials necessary to complete the work. Related Items - Water line, fittings and concrete thrust blocking are paid for under separate pay Units and Measurement - Payment shall be at the unit price per each butterfly valve in place and accepted by Engineer. Partial Payment Provisions - Partial payment will not be made for this project. Fire Hydrant Assembly Description - Furnish and install complete fire hydrant assembly including connecting pipe and auxiliary valve as indicated on the Drawings. Note: 48 inch bury. City of Fayetteville b. Incidental Items - Incidental items include connecting pipe, valve, concrete valve collar, polyethylene encasement, tracer wire, excavation, gravel, and equipment, labor, and materials necessary to complete the work. c. Related Items - Water main tee and concrete thrust blocking are paid for under separate pay items. d. Units and Measurements - Payment shall be at the unit price per fire hydrant assembly furnished and installed, and accepted by Engineer. e. Partial Payment Provisions - Partial payment will not be made for this project. 16 Connect to Existing 4" Line a. Description - Furnish and install complete all water line, fittings, joint restraints to connect the new 12" water main to the existing 4" water main where indicated on the Drawings. b. Incidental Items - Incidental items include excavation, backfill, removal and replacement of existing water line as necessary and equipment, labor, and materials necessary to complete the work. c. Related Items - 12 inch water line and concrete thrust blocking are paid for under separate pay items. d. Units and Measurements - Payment shall be at the unit price per connection installed and accepted by Engineer. e. Partial Payment Provisions - Partial payment will not be made for this project. 17 New 3/4 inch Meter/Service a. Description - Furnish and install complete tap, tapping sleeve, all water service line, corporation stop, fittings, meter loop and meter box. b. Incidental Items - Incidental items include tap, tapping sleeve/saddle, polyethylene encasement, tracer wire, excavation, backfill, removal and replacement of existing water line as necessary and equipment, labor, and materials necessary to complete the work. c. Related Items - 12 inch water line and concrete thrust blocking are paid for under separate pay items. d. Units and Measurements - Payment shall be at the unit price per each complete service installed and accepted by Engineer. e. Partial Payment Provisions - Partial payment will not be made for this project. 18 Cut and Cap existing 4" Line a. Description - Furnish and install all fittings, equipment, material and labor necessary to permanently cut, cap and seal the existing line to be abandoned after the new line is in service. b. Incidental Items - Incidental items, excavation, backfill, removal and replacement of existing water line as necessary and equipment, labor, and materials necessary to complete the work. c. Related Items - 12 inch water line and concrete thrust blocking are paid for under separate pay items. City of Fayetteville 02/28/00 Page 01025-8 d. Units and Measurements - Payment shall be at the unit price per each complete installation accepted by Engineer. e. Partial Payment Provisions - Partial payment will not be made for this project. 19 Salvage existing Fire Hydrant to the City a. Description - Carefully remove the existing fire hydrant and barrel and deliver this to the City of Fayetteville Water Division on Cato Springs Road. b. Incidental Items - Incidental items, excavation, backfill, removal and replacement of existing water line as necessary and equipment, labor, and materials necessary to complete the work. c. Related Items - 12 inch water line and concrete thrust blocking are paid for under separate pay items. d. Units and Measurements - Payment shall be at the unit price per each. e. Partial Payment Provisions - Partial payment will not be made for this project. 20 Class 7 Aggregate Base Course a. Description - Provide class 7 aggregate base course as compacted backfill and/or surface restoration where indicated in the Drawings or as directed by the Engineer. b. Incidental Items - Excavation, site preparation, trenching, water line and appurtenances. c. Related Items - Site preparation, water line construction and final cleanup are separate pay items. d. Units and Measurement - Payment shall be at the unit price per each ton of aggregate base course furnished and installed, and accepted by Engineer. If determined by Engineer, payment for completed units will be delayed until proof of construction for installed units is complete. Measurement will be based on truck weight tickets. All quantities shall be documented. However, any quantity exceeding the bid amount shall have full documentation by Contractor and approval by Engineer. e. Partial Payment Provisions - Partial payment will not be made for this project. 21 Final Cleanup/Seeding/Mulching Ia. Description - Provide the final cleanup and restoration of all disturbed areas including grading, top soil, seed and mulch to cover the disturbed areas as result of construction. Erosion matting will be required for slopes steeper than 3:1. b. Incidental Items - Incidental items include all equipment, labor, and materials necessary to complete the work. ' c. Related Items - Class 7 aggregate base course, if required, will be a separate pay item. d. Units and Measurement - Payment shall be at the unit lump sum price e. Partial Payment Provisions - Partial payment will not be made for this project. ' Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01025 City of Fayetteville 02/28/00 Page 01025-9 Section 01027 APPLICATIONS FOR PAYMENT Part 1- GENERAL 1.1 SUMMARY A. Comply with procedures described in this Section when applying for progress payment and final payment. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, the General Conditions, Supplementary Conditions, and Sections in Division 1 ofthese 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. 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. Prior to start of construction, Contractor shall secure Engineer's approval of the schedule of values required to be submitted under Paragraph 2.07 of the General Conditions, and further described in these Specifications. B. During progress of the Work, Contractor shall modify the schedule of values as approved by Engineer to reflect changes in the Contract Price due to Change Orders or other Modifications. C. Contractor shall base requests for payment on the approved schedule of values. 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. City of Fayetteville 07/13/99 Page 01027-1 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. 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. i City of Fayetteville 07/13/99 Page 01027-2 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: 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. 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. 1.3 FORMAT - A. Change Order Form: EJCDC 1910-8-B. B. Work Change Directive Form: EJCDC 1910-F. City of Fayetteville 07/13/99 Page 01035-1 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. 1.6 WORK CHANGE DIRECTIVE A. 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 I I A. Based on notice of change and Contractor's fixed price quotation and subsequent negotiations. City of Fayetteville 07/13/99 Page O1035-2 i I 1.8 UNIT PRICE CHANGE ORDER A. 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 ofunits 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 ofproposed 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. 1.11 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and 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 City of Fayetteville 07/13/99 Page 01035-3 Section 01040 COORDINATION AND MEETINGS Part 1- GENERAL 1.1 SUMMARY 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 Section 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 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. I. City of Fayetteville 07/13/99 Page 01040-1 II 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. That telephone number is 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 utilityrequirement 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. 1.4 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a conference within 20 days after the Contract Times start to run, but before any Work at the site is started. I 1] I I [l B. Attendance Required: Authorized representatives of Owner, Engineer, and Contractor. C. Agenda: I 1. Distribution of executed Owner -Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of products, Schedule of Values, and 1 proposed schedule. 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. 7. Construction schedule, including sequence of critical work. 1 City of Fayetteville 07/13/99 Page 01040-2 t 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. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. City of Fayetteville 07/13/99 Page 01040-3 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 Stakes" are the original reference points set 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 staking: 1. Set temporary bench marks. 2. Set baseline staking. 3. Reset stakes 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 1.3 CONTROL STAKING I 11 II A. Notification 1. Notify Engineer, in writing, at least five days in advance of the date when control staking services are desired. 2. Engineer shall provide control staking. ' City of Fayetteville 07/13/99 Page 01051-1 B. Checking Stakes 1. Examine stakes before commencing operations. 2. Notify Engineer, if validity of any control stake is questionable. 3. Engineer will check stake or stakes in question. 4. Any control stakes found to be in error will be reset by the Engineer. 5. If stakes are valid, Contractor shall pay for cost of checking stakes. C. Preservation of Stakes 1. Contractor shall inform his employees, subcontractors and vendors of importance of control stakes 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 City of Fayetteville 07/13/99 Page 01051-2 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. 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 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. B. Section 01090 - Reference Standard: applicable consensus standards. C. Specific Sections of this Specification include additional requirements of local, state, and federal regulatory requirements. 1.4 AMERICANS WITH DISABILITIES ACT A. Comply with portions applicable to construction and construction sites. 1.5 FAYETTEVILLE WATER AND SEWER STANDARDS A. 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 A. Construction standards as listed in individual Specification Sections. City of Fayetteville 07/13/99 Page 01060-1 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 storm 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. I I TI .I II II if II II City of Fayetteville 07/13/99 Page 01060-2 I I 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. 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 ICity of Fayetteville 07/13/99 Page 01060-3 Section 01090 REFERENCE STANDARDS AND ABBREVIATIONS Part 1- 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. ACI American Concrete Institute Box 19150 Redford Stations Detroit, MI 48219 C. AGC Associated General Contractors of America 1957 E Street, NW Washington, DC 20006 D. Al Asphalt Institute Asphalt Institute Building College Park, MI) 20740 E. ANSI American National Standards Institute 1430 Broadway New York, NY 10018 F. ASPA American Sod Producers Association 4415 West Harrison Street Hillside, IL 60612 City of Fayetteville 07/13/99 Page 01090-1 I f G. ASTM American Society for Testing and Materials , 1916 Race Street Philadelphia, PA 19103 H. AWWA American Water Works Association I 6666 West Quincy Avenue Denver, CO 80235 I. 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 1 M. UL Underwriters' Laboratories, Inc. 333 Pfringston Road 1 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 ASA - American Standards Association AWG - American Wire Gage City of Fayetteville 07/13/99 Page 01090-2 1 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 SBC - Standard Building Code (also SSBC) SPA - Southern Products Association A - Ampere cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute Hp - horsepower MGD - million gallons per day N.C. - normally closed N.O. - normally open ppm - parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) R - motor starter relay RCP - reinforced concrete pipe rpm - revolutions per minute T.D. - time delay TDH - total dynamic head V -volt PART2-PRODUCTS Not Used PART 3- EXECUTION Not Used End of Section 01090 City of Fayetteville 07/13/99 Page 01090-3 Section 01300 SUBMITTALS 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 ofthe Work and Contract Documents. I II 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 II H. Revise and resubmit submittals as required, identity all changes made since previous submittal. I. Distribute copies ofreviewed submittals to concernedparties. Instruct parties to promptly City of Fayetteville 07/13/99 Page 01300-1 1 report any inability to comply with provisions. I 1.3 CONSTRUCTION PROGRESS SCHEDULES I A. Submit initial progress schedule in duplicate within 15 days after date of Owner - Contractor Agreement for Engineer review. 1 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. 1.4 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. SHOP DRAWINGS A. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Engineer. II 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. 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. , City of Fayetteville 07/13/99 Page 01300-2 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 retainer 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. 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 1.7 1.8 A. B. C. D. E. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. Submit samples of coatings or finishes for Engineer's selection. Include identification on each sample, with full product information. Submit the number or samples specified in individual specification Sections; one of which will be retained by Engineer. Reviewed samples which may be used in the Work are indicated in individual specificatioi, Sections. 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. 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. City of Fayetteville 07/13/99 Page 01300-3 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 City of Fayetteville 07/13/99 Page 01300-4 I 1 I 1 I 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 V2 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. E. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. City of Fayetteville 07/13/99 Page 01310-1 I F. Provide separate schedule of submittal dates for shop drawings, product data, and samples, and dates reviewed submittals will be required from Engineer. G. Coordinate content with Schedule of Values specified in Section 01370. 1.4 1.5 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. 11 C. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. 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. DISTRIBUTION A. Distribute copies ofreviewed 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 I I I City of Fayetteville 07/13/99 Page 01310-2 1 Ii II Part 1- GENERAL 1 1.1 SUMMARY Section 01410 TESTING LABORATORY SERVICES 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. 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. 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. 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 City of Fayetteville 07/13/99 Page 01410-1 I 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 I 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, orby 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. Part3 - EXECUTION I 3.1 COOPERATION WITH TESTING LABORATORY 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. [1 City of Fayetteville 07/13/99 Page 01410-2 I ' 3.2 I 3.3 TAKING SPECIMENS A. Specimens and samples f< r 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. SCHEDULES FOR TESTING A. Establishing schedule: 1. By advance discussion with testing laboratory selected by Owner, determine the time required for laboratory to perform tests and to issue findings. 2. 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 City of Fayetteville 07/13/99 Page 01410-3 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: 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 furnished 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. 1.2 REQUIREMENTS A. 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 A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. City of Fayetteville 07/13/99 Page 01500-1 I Part 2- PRODUCTS 2.1 MAINTENANCE OF TRAFFIC 1 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 ofthe general public, residents affected by construction, and protection ofpersons 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 ofAHTD. 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 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. 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. C. Heating: Provide and pay for heat devices and heat necessary to maintain specified conditions for construction operations needed in the Work. i City of Fayetteville 07/13/99 Page 01500-2 1 F, 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. E. Temporary Ventilation ' 1. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. 1 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. 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. City of Fayetteville 07/13/99 Page 01500-3 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. , 2.10 ENCLOSURES 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 ofrequired ambient temperatures identified in individual specification Sections, and to prevent entry of unauthorized persons. Provide access doors with self -closing hardware , City of Fayetteville 07/13/99 Page 01500-4 , C and locks. ' 2.11 TEMPORARY FENCING 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. IC. 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. D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. End of Section 01500 City of Fayetteville 07/13/99 Page 01500-5 Section 01620 STORAGE AND PROTECTION 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 1 of these Specifications. 2. Additional procedures also maybe 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. 1.3 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. City of Fayetteville 07/13/99 Page 01620-1 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 maybe 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 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. 1 End of Section 01620 I 7 City of Fayetteville 07/13/99 Page 01620-2 , 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. 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: 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 ofEngineer 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. City of Fayetteville 07/13/99 Page 01630-1 11 C. Where materials and/or methods are specified by name and/or model number, followed by the words "or equal": 1. The material and/or method specified by name establishes the required standard of quality; 2. Materials and/ormethods proposed by Contractor to be used in lieu of materials and/or methods; 3. 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 further approval except for interface within the Work: Products specified by reference to standard specifications such as ASTM, AWWA, and similar standards; 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. F. The decision of Owner shall be final. 1.3 REIMBURSEMENT OF ENGINEER'S COSTS I I II II II II II 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. 14 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 I City of Fayetteville 07/13/99 Page 01630-2 1 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 I ofthese Specifications. 1.2 QUALITY ASSURANCE A. Prior to requesting t ththe Work is completed in accordance with the specified requirements means to assure andsready for the requested inspection. 1.3 PROCEDURES A. Substantial Completion: 1. 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: 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 I. 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. 11 07/13/99 Page 01700-1 ICity of Fayetteville I B. Final Completion: I] I. 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 ofcompliance with requirements ofgovernment agencies havingjurisdiction 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. I City of Fayetteville 07/13/99 Page 01700-2 ' ■.1 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. ' 1.6 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. '• 1. 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. I1. 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. 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, City of Fayetteville 07/13/99 Page 01700-3 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 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. G. Part 3: Project documents and certificates, including the following: 1. Shop Drawings and product data. 2. Certificates. City of Fayetteville 07/13/99 Page 01700-4 1 I I ' 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. 1.10 INSTRUCTION IA. Instruct Owner's personnel in proper operation and maintenance of systems, equipment, and similar items which were provided as part of the Work. IPart 2 -PRODUCTS Not Used Part 3 -EXECUTION Not Used End of Section 01700 City of Fayetteville 07/13/99 Page 01700-5 Section 02100 SITE PREPARATION Part 1- GENERAL 1.1 SECTION INCLUDES A. Isolated Tree Clearing B. Preserved Vegetation C. Scalping D. Miscellaneous 1.2 RELATED SECTIONS A. Measurement and payment for work under this section is specified in Section 01025. B. Demolition is specified in Section 02050. C. Excavation and embankment are specified in Section 02220. D. Roadbed preparation is specified in Section 02230. 1.3 UNIT PRICES A. Unit prices for work covered under this section are defined in Section 01025, including incidentals, related work, method of measurement, and partial payment provisions, if any. 1.4 QUALITY ASSURANCE A. Work under this section shall be performed by workers trained and experienced in this type of work. B. Vegetation preservation work shall be accomplished by qualified tree surgeons, landscape architects or contractors, or horticulturalists. 1.5 SUBMITTALS A. If requested, submit evidence of permission to dispose of site preparation debris on private property. City of Fayetteville 07/13/99 Page 02100-1 Part 2- PRODUCTS Not Used. Part 3- EXECUTION 3.1 GENERAL A. The limits of construction for the Work shall be prepared for excavation and embankment and road construction by a combination of isolated tree clearing, vegetation preservation, scalping or any other miscellaneous item of work needed to prepare the site for construction of other pay items. Each item of work is considered a separate type of site preparation defined as follows: 1. Preserved Vegetation - Areas of the right-of-way containing trees and brush that are not to be disturbed except for trimming above the roadbed or to protect vegetation from nearby construction. 2. Scalping - Removal and disposal of material such as saplings less than 4 inches in diameter measured 12 inches above ground, logs, brush, roots, grass, residue of agricultural crops, refuse dumps, and decayed matter. 3. Isolated Tree Clearing - Cutting, grubbing, and removal of individual, isolated trees and stumps greater than 4 inches diameter measured 12 inches above ground, in areas that are otherwise to be scalped; isolated tree clearing does not apply to areas that are cleared and grubbed. 4. Miscellaneous - Demolition, removal, relocation, repair, or any item that is temporarily or permanently in conflict with the proposed items ofwork. Typically any item that is not specifically noted as a pay item. It may or may not be indicated on the Drawings. 3.2 PRESERVED VEGETATION ' A. Carefully protect vegetation to remain from abuse, marring, or damage during construction operations. ' B. In case of injury to bark, limbs, or roots of vegetation designated to remain, repair such damage by corrective pruning or other appropriate methods. C. Remove low -hanging, unsound, or unsightly branches from trees or shrubs designated to ' remain. Trim branches of trees extending over the roadbed to give a clear height of 20 feet above roadbed surface. Accomplish trimming with skilled workers and in accordance with good tree surgery practices. I D. Parking and servicing equipment under branches of trees designated to remain is not allowed. City of Fayetteville 07/13/99 Page 02100-2 ' II 3.3 SCALPING A. Scalp areas where excavation or embankment is to be made. Store topsoil material. B. Place suitable topsoil material resulting from scalping operations on finished slopes, adjacent Ito the area from which it is obtained, after excavation or embankment operations are complete. 3.4 ISOLATED TREE REMOVAL A. Cut and clear and grub isolated trees designated for removal and grub stumps from previously cleared trees as required for clearing and grubbing. R u_i_6Yy a) Il)Mb3161W A. Any item not noted under another pay item that may or may not be indicated on the Drawings that needs to be removed or relocated to prepare the site for other items ofwork that have been noted as a pay item will be included in Site Preparation Examples include but are not limited to; Removing and disposing of existing pipes, removing and disposing of existing pavement(gravel and asphalt), removing and disposing of existing concrete, removing and reconstructing any existing structure that may need to be modified for construction. Relocating mailboxes, fencing, guardrails, signs or any other item that will require relocation or reconstruction. 3.5 DISPOI AL OF EXCESS MATERIALS A. Merchantable timber in the site preparation area that has not been removed from right-of-way prior to the beginning of construction shall become the property of Contractor, unless otherwise provided. B. Burning is not permitted. C. Remove from the site materials and debris, and dispose at locations off -site, in accordance with applicable laws and regulations. If a private disposal site is utilized for disposal, provide evidence when requested by Owner that the selected disposal site meets applicable laws and regulations for such disposal. End of Section 02100 City of Fayetteville 07/13/99 Page 02100-3 Section 02161 EXCAVATION SAFETY PART 1- GENERAL 1.1 SECTION INCLUDES Excavation safety measures, including materials and methods, required by 29 CFR 1926 Subpart P. 1.2 RELATED SECTIONS 01025 Measurement and Payment 01500 Construction Facilities and Temporary Controls 02221 Trenching, Backfilling and Compacting 1.3 REFERENCE STANDARD 29 CFR 1296 Subpart P - Occupational Safety and Health Standards - Excavations A copy of the Reference Standard follows this page. This is included as a reference only. The Contractor shall attain his own copy of 29 CFR 1296 Subpart P and be responsible for the interpretation and compliance with this standard. PART 2 - MATERIALS Not Used PART 3- EXECUTION Not Used End of Section 02161 City of Fayetteville 07/13/99 Page 02161-1 § '1926.606 (6) Obstructions shall not be laid on or across the gangway. (7) The means of access shall be ade- quately illuminated for its full length. (8) Unless the structure makes it im- possible, the means ,of access shall be so located that the load will not pass over employees. (c) Working surfaces of barges. (1) Ehnployees shall not be permitted to walk along the sides of covered light- ers or barges with coamings more than 5 feet high, unless there is a 3 -foot clear walkway, or a grab rail, or a taut handline is provided. (2) Decks and other working sur- faces shall be maintained in a safe condition. (3) Employees shall not be permitted to pass fore and aft, over, or around deckloads, unless there is a safe pas- sage. (4) Employees shall not be permitted to walk over deckloads from rail to coaming unless there is a safe passage. IS it is necessary to stand at the out- board or inboard edge of the deckload where less than 24 inches of bulwark, rail, coaming, .or other protection exists, all employees shall be provided with a suitable means of protection against falling from the deckload. (d) First -aid and lifesaving equip- ment. (1) Provisions for rendering first aid and medical assistance shall be in accordance with Subpart D of this part. (2) The employer shall ensure that there is in the vicinity of each barge in use at least one U.S. Coast Guard -ap- proved 30 -inch lifering with not less than 90 feet of line attached, and at least one portable or permanent ladder which will reach the top of the apron to the surface of the water. If the above equipment is not available at the pier, the employer shall furnish it during the time that he is working the barge. (3) Employees walking or working on the unguarded decks of barges shall be protected with U.S. Coast Guard -ap- proved work vests or buoyant vests. (e) Commercial diving operations. Commercial diving operations shall be subject to subpart T of part 1910, H § 1910.401-1910.441, of this chapter. [39 FR 22801, June 24, 1974,• as amended at 42 FR 37674, July 22, 1977] 29 CFR Ch. XVII (7-1-92 Edition) § 1926.606 Definitions applicable to this subpart. (a) Apron —The area along the wa- terfront edge of the pier or wharf. (b) Bulwark —The side of a ship above the upper deck. (c) Coaming—The raised- frame, as around a hatchway in the deck, to keep out water. Cd) Jacob'sladder—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 ap- plicable, and 29 CF'R part 1911. SOURCE: 54 FR 45959, Oct. 31, 1989, unless otherwise noted. § 1926.650 Scope, application, and defini- tions applicable to this subpart. (a)Scope and application- This sub- part applies to all open excavations made in the earth's surface. Excava- tions are defined to include trenches. (b) Definitions applicable to this subpart. - Accepted engineering practices means those requirements which are compatible with standards of practice required by a. registered professional engineer. Aluminum Hydraulic Shoring means a pre-engineered shoring system com- prised of aluminum hydraulic cylin- ders (crossbraces) used in conjunction with vertical rails (uprights) or hori- zontal rails (walers). Such system is designed, specifically to support the sidewalls of an excavation and prevent cave-ins. Bell-bottom pier hole means a type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape. H Li I I I I I Occupational Safety and Health Admin., Labor § 1926.650 I I I I I I 1 I I I I ri C I I Benching (Benching system) means a method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near -vertical surfaces between levels. Cave-in means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or sup- port system, and its sudden movement • into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or .other- wise injure and immobilize a person. Competent person means one who is capable of identifying existing and predictable hazards in the surround- ings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authoriza- tion to take prompt corrective meas- ures to eliminate them. Cross braces mean the horizontal members of a shoring system installed perpendicular to the sides of the exca- vation, the ends of which bear against either uprights or vales. Excavation means any man-made cut, cavity, trench, or depression in an earth surface, formed by earth remov- al. Faces or sides means the vertical or inclined earth surfaces formed as a result of excavation work. Failure means the breakage, dis- placement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. - Hazardous atmosphere means an at- mosphere which by reason of being ex- plosive, flammable, poisonous, corro- sive, oxidizing, irritating, oxygen defi- cient, toxic, or otherwise harmful, may cause death, illness, or injury. Kickout means the accidental re- lease or failure of a cross brace. Protective system means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an ex- cavation, or from the collapse of adja- cent structures. Protective systems in- clude support : systems, sloping and benching systems, shield systems, and other systems that provide the neces- sary protection. Ramp means an inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or, wood. Registered Professional Engineer means a person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, reg- istered in any state is deemed to be a "registered professional engineer" within the meaning of this standard when approving designs for "manufac- tured protective systems" or "tabulat- ed data" to be used in interstate com- merce. Sheeting means the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system. Shield (Shield system) means a structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work pro- gresses. Additionally, shields can be either premanufactured or job -built in accordance with § 1926.652 (c)(3) or (c)(4). Shields used in trenches are usually referred to as "trench boxes" or "trench shields." Shoring (Shoring system) means a structure such as a metal hydraulic, mechanical or timber shoring system that supports the sides of an excava- tion and which is designed to. prevent cave-ins. Sides. See "Faces." Sloping (Sloping system) means a method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away from the excavation so as to prevent cave-ins. The angle of incline required to prevent a cave-in varies with differ- ences in such factors as the soil type, environmental conditions of exposure. and application of surcharge loads. Stable rock means natural solid min- eral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock • material on the side or sides of the ex - 219 § 1926.651 cavation is secured movement by rock protective system signed by a registe gineer. St against caving -in or bolts or by another that has been de- ed professional en- ructural ramp means a ramp built of steel or wood, usually used for vehi- cle access. Ramps made of soil or rock are not considered structural ramps. Support system means a structure such as underpinning bracing, or shoring; which provides support to an adjacent structure,. underground in- stallation, or the sides of an excava. tion. Tabulated data means tables and charts approved by a registered profes- sional engineer and used to design and construct a protective system. Trench (Trench excavation) means a narrow excavation (in relation to its length) made below the surface of the ground..In general, the depth is great- e r than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet (4.6 m). If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6 in) or less (me 29 CFR Ch. XVII (7_1_92 Edition) stallations, such as sewer, telephone, fuel, electric. water lines, or any other underground installations that reason- ably may be expected to be encoun- tered during excavation work, shall be determined prior to opening an exca- vation. (2) Utility companies or owners shall be contacted within established or cus- tomary local response times, advised of the proposed work, and asked to es- tablish the location of the utility un- derground installations prior to the start of actual excavation. When utili- ty companies or owners cannot re- spond to a request to locate under- ground utility installations within 24 hours (unless a longer period is re- quired by state or local law), or cannot establish the exact location of these installations, the employer may pro- ceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility installations are used. (3) When excavation operations ap- proach the estimated location of un- derground installations, the exact lo- cation of the installations shall be de- termined by safe and acceptable excavation), the excavation is also con means.(4) While the excavation is open, un- sidTrench ered to be a trenchderground installations shall be pro - Trench hteeldSee 'Shield" sary to ee "Shield" tected s feuaremployees. d or sas neces- Upr1ghts means the vertical men- (c) Access and egress_(j) Structural bers of a trench shoring system placed ramps. (i) Structural ramps that are in contact with the earth and usually used solely by employees as a means of positioned so that individual members access or egress from excavations shall do not contact each other. Uprights• be designed by a competent person. placed so that individual members are Structural ramps used for access or closely spaced, in contact with or egress of equipment shall be designed interconnected to each other, are by a competent person qualified in often called "sheeting." Wales means horizontal members of struct d� in c and shall be con - Wales shoring system placed parallel to the design. accordance with the excavation face whose sides bear (ii) Ramps against the vertical members of the of two or more structural membe P and runways constructed shoring system or earth. (4-...,, § 1926.651 General requirements. (a) Surface. encumbrances. All sur- face encumbrances that are located so as to create a hazard to employees shall be removed or supported, as nec- essary, to safeguard employees. (b) Underground installations. (1) The estimated location of utility iii- -- have the structural members connected together to prevent dis- placement. (iii) Structural members used for ramps and runways shall be of uni- form thickness. (iv) Cleats or other appropriate means used to connect runway struc- tural members shall be attached to the bottom of the runway or shall be at - I I I I U I I I I C C I I Li I 220 IOccupational Safety and Health Admin., Labor § 1926.651 I I P I I H iE J Li I I L I I tached in a manner to prevent trip- ping. (v) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments on the top surface to prevent slipping. (2) Means of egress from trench exca- vations. A stairway, ladder, ramp or other safe means of egress shall be lo- cated in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees. (d) Exposure to vehicular traffic. Employees exposed to public vehicular traffic shall be . provided with, and shall wear, warning vests or other suit- able garments marked with or made of reflectorized or high -visibility materi- al. Ce) Exposure to falling loads. No em- ployee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be re- quired to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling materials. Operators may remain in the cabs of vehicles being loaded or unloaded when the vehicles are equipped, in accordance with § 1926.601(b)(6), to provide adequate protection for the operator during loading and unloading operations. (f) Warning system for mobile equip- ment. When mobile equipment is oper- ated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the ex- cavation, a warning system shall be utilized such as barricades, hand or mechanical signals, or stop logs. If pos- sible, the grade should be away from the excavation. (g) Hazardous atmospheres —(1) Testing and controls. In addition to the requirements set forth in subparts D and E of this part (29 CFR 1926.50- 1926.107) to prevent exposure to harmful levels of atmospheric con- taminants and to assure acceptable at- mospheric conditions, the following re- quirements shall apply: Ci) Where oxygen deficiency (atmos- pheres containing less than 19.5 per- cent oxygen) or a hazardous atmos- phere exists or could reasonably be ex- pected to exist, such as in excavations in landfill areas or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before em- ployees enter excavations greater than 4 feet (1.22 m) in depth. (ii) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazarduus atmospheres. These precautions in- clude providing proper respiratory protection or ventilation in accordance with subparts D and E of this part re- spectively. (iii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an at- mosphere containing a concentration of a flammable gas in excess of 20 per- cent of the lower flammable limit of the gas. (iv) When controls are used that are intended to reduce the level of atmos- pheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe. • (2) Emergency rescue equipment. (i) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous at- mospheric conditions exist or may rea- sonably be expected to develop during work in an excavation. This equipment shall be attended when in use. (ii) Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations, shall wear a harness with a life -line securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall be individually at- tended at all times while the employee wearing the lifeline is in the excava- tion. (h) Protection from hazards associ- ated with water accumulation. (1) Em- ployees shall not work in excavations in which there is accumulated water, or in excavations in which water is ac- cumulating, unless adequate precau- tions have been taken to protect em- ployees against the hazards posed by water accumulation. The precautions necessary to protect employees ade- quately vary with each situation, but S 221 §1926.651 could include special support or shield - systems to., protect from cave-ins,. water removal to control the level of accumulating. water, or use of a safe harness and lifeline. - (2) If water is controlled or preveji ed from accumulating by the use water removal equipment, the wat removal equipment and operatio shall be monitored- by a compete Person to ensure proper operation. (3) If excavation work interrupts th drainage of surface wat (such as streams), diversion ditche dikes, or other suitable means shall b used to prevent surface water from en tering the excavation and to provid adequate drainage of the area adja cent to the excavation. Excavatio subject to runoff from heavy rains wi require an inspection by a competen person and compliance with Para graphs (h)(1) and (h)(2) of this sec- tion. (i) Stability of adjacent structures. (1) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, brac- ing, or underpinning shall be provided to ensure the stability of such struc- tures for the protection of employees. (2) Excavation below the level of the base or footing of any foundation or retaining wall that could be reason- ably expected to pose a hazard to em- ployees shall not be permitted except when: (i) A support system, such as under - Pinning, is provided to ensure the safety of employees and the stability of the structure; or (ii) The excavation is in stable rock; or (iii) A registered. professional engi- neer has approved the determination that the structure is sufficentiy re- moved from the excavation so as to be unaffected by the excavation t' or ac ivity, (iv) A registered. Professional engi• veer has approved the determination that such excavation work will not Pose a hazard to employees. (3) Sidewalks, pavements, and appur- tenant structure shall not be under- mined unless a support system or an- other method of Protection is provided 29 CFR Ch. XV11 (7-1_92 Edition) to protect employees from the possible collapse of such structures. (j) Protection of ' employees' from. tY loose rock or soiL (1) Adequate protec- tiori shall be provided to protect em- ployees from loose rock or soil that of could pose a hazard by falling or roll- er ing from an excavation face. Such pro- ps tectionn shall consist of scaling to nt remove loose material; installation of protective barricades at intervals as he necessary on the face to stop and con- er tain falling material; or -other means s, that provide equivalent protection. e (2) Employees' shall be protected from excavated or other materials or e equipment that could pose a hazard by falling or rolling into excavations. Pro_ ns tection shall be' provided by- placing ll and keeping such materials or equip- t ment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that are sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. (k) Inspections. (1) Daily inspections of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a sit- uation that could result in possible cave-ins, indications of failure of pro- tective systems, hazardous atmos- pheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed through- out the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated. (2) Where the competent person finds evidence of a situation that could result in a Possible cave-in, indications of failure of protective systems, haz- ardous atmospheres, or other hazard- ous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken .to ensure their safety. Cl) Fall ployees o] Permitted walkways guardrails Protection. (1) Where em - equipment are required or to cross over excavations, or bridges with standard shall be provided. U I I .1 C I I i I 1 C H I I I I 222 Occupational Safety and Health Admin., Labor § 1926.652 I I I I I [.] I I I I I I U I I I I (2) Adequate barrier physical protec- tion shall be provided at all remotely located excavations. All wells, pits, shafts, etc., shall be barricaded or cov- ered. Upon completion of exploration and similar operations, temporary wells, pits, shafts, etc., shall be back - filled. § 1926.652 Requirements for protective systems. (a) Protection of employees in exca- vations. (1) Each employee in an exca- vation shall be protected from cave-ins by an adequate protective system de- signed in accordance with paragraph (b) or (c) of this section except when: (i) Excavations are made entirely in stable rock; or (ii) Excavations are less than 5 feet (1.52m) in depth and examination of the ground by a competent person provides no indication of a potential cave-in. (2) Protective systems shall have the capacity to resist without failure all loads that are intended or could rea- sonably be expected to be applied or transmitted to the system. (b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the em- ployer or his designee and shall be in accordance with the requirements of paragraph (b)(1); or, in the alterna- tive, paragraph (b)(2); or, in the alter- native, paragraph (b)(3), or, in the al- ternative, paragraph (b)(4), as follows: (1) Option (1) —Allowable configura- tions and slopes. (i) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below. (ii) Slopes specified in paragraph (b)(1)(i) of this section, shall be exca- vated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix B to this subpart. (2) Option (2) —Determination of slopes and configurations using Ap- pendices A and B. Maximum allowable slopes, and allowable configurations for sloping and. benching systems, shall be determined in accordance with the conditions, and requirements set forth in appendices A and B to this subpart. (3) Option (3) —Designs using other tabulated data. (i) Designs of sloping or benching systems shall be selected from and be in accordance with tabu- lated data, such as tables and charts. (ii) The tabulated data shall be in written form and shall include all of the following: (A) Identification of the parameters that affect the selection of a sloping or benching system drawn from such data; (B) Identification of the limits of use of the data, to include the magnitude and configuration of slopes deter- mined to be safe; (C) Explanatory information as may be necessary to aid the user in making a correcV selection of a protective system from the data. (iii) At least one copy of the tabulat- ed data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the pro- tective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made avail- able to the Secretary upon request. (4) Option (4) —Design by a regis- tered professional engineer. (i) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under paragraph (b) of this section shall be approved by a registered pro- fessional engineer. (ii) Designs shall be in written form and shall include at least the follow- ing: (A) The magnitude of the slopes that were determined to be safe for the particular. project; (B) The configurations that were de- termined to be safe for the particular project; and (C) The identity of the registered professional engineer approving the design. (iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Secretary upon request. (c) Design of support systems, shield systems, and other protective systems. I 223 §`T926:652 29•CFR=Ch. XV11(7-1-92=fdition) Designs'.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 require- ments .of -paragraph (c)(i); or, in :the alternative:pac.agraphtc)(2); or, in' -the alternative,; paragraph (c)(3); or, in .the alternative; paragraph (c)(4) as fol- lows: (1) Option (1) Designs using'appen,- dices A, C and D. Designs for timber shoring in trenches shall be .deter- mined in accordance with the condi- tions and requirements set forth in ap- pendices A and C to this subpart. De- signs for aluminum hydraulic shoring shall be in accordance with paragraph (c)(2) of this section, but if manufac- turer's tabulated data cannot be uti- lized, designs shall be in accordance with appendix D. (2) Option (2) —Designs Using Manu- facturer's Tabulated Data. (i) Design of support systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all specifications, recommendations, and limitations issued or made by the man- ufacturer. (ii) Deviation from the specifica- tions, recommendations, and limita- tions issued or made by the manufac- turer shall only be allowed after the manufacturer issues specific written approval. (iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate from the specifications, recommenda- tions, and limitations shall be in writ- ten form at :the jobsite during con- struction of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available. to the Secretary upon request. (3) Option (3) —Designs using other tabulated data. (i) Designs of support systems, shield systems, or other pro- tective systems shall be selected from and be in accordance with tabulated data, such as tables and charts. (ii) The tabulated data shall be in written form and include all of the fol- lowing: . (A) Identification of :the .parameters that affect the .selection of a :protec- five system drawn.from such data; . (B) Identification of the-limits.of use .Of :the data; (-C.) Explanatory information as may be necessary .to ,aid.the user in:making. 'a -correct selection of a-protedtive •system from the data. (iii) At least one copy of:me:tabuiat- ed data, which identifies .the regis- tered professional engineer who ap- proved the data, shall be maintained at the :jobsite during construction -of-. the :protective system After that time .the .data may be stored off the jobsite, but a copy of the data shall.be made available to the Secretary upon re- quest. (4) Option (4) —Design by a regis- tered professional engineer. U) Sup- port systems, shield systems, and other protective systems not utilizing Option 1, Option 2 or Option 3, above, shall be approved by a registered pro- fessional engineer. (ii) Designs shall be in written form and shall include the following: (A) A plan indicating the sizes, types, and configurations of the mate- rials to be used in the protective system; and (B) The identity of the registered professional engineer approving the design. (iii) At least one copy of the design shall be maintained at the jobsite during construction of the protective system. After that time, the design may be stored off the jobsite, but a copy of the design shall be made avail- able to the Secretary upon request. (d) Materials and equipment. (1) Ma- terials and equipment used for protec- tive systems shall be free from damage or defects that might impair , their proper function. (2) Manufactured materials and equipment used for protective systems shall be used and maintained in a manner that is consistent with the rec- ommendations of the manufacturer, and in a manner that will prevent em- ployee exposure to hazards. (3) When material or equipment that is used for protective systems is damaged, a competent person shall ex- amine the material or equipment and evaluate its suitability for continued I. I I I I I I I :11 224 I IOccupational Safety and Health Admin., Labor Subpt. P, App. A I I I I I Li I I 1l I ,1 IJ I [3 I use. If the competent person cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe Use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a regis- tered professional engineer before being returned to service. (e) Installation and removal of sup- port —(1) General. (i) Members of sup- port systems shall be securely connect- ed together to prevent sliding, falling, kickouts, or other predictable failure. (ii) Support systems shall be in- stalled and removed in a manner that protects employees from cave-ins, structural collapses, or from being struck by members of the support system. (iii) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand. (iv) Before temporary removal of in- dividual members begins, additional precautions shall be taken to ensure the safety of employees, such asin- stalling other structural members to carry the loads imposed on the sup- port system. (v) Removal shall begin at, and progress from, the bottom of the exca- vation. Members shall be released slowly so as to note any indication of possible failure of the remaining mem- bers of the structure or possible cave- in of the sides of the excavation. (vi) Backfilling shall progress to- gether with the removal of support systems from excavations. - (2) Additional requirements for sup- port systems for trench excavations. (i) Excavation of material to a level no greater than 2 feet (.61 in) below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and there are no indica- tions while the trench is open of a pos- sible loss of soil from behind or below the bottom of the support system. (ii) Installation of a support system shall be closely coordinated with the excavation of trenches. (f) Sloping and benching systems. Employees shall not be permitted to work on the faces of sloped or benched excavations at levels above other em- ployees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment. (g) _Shield systems —(1) General. (i) Shield systems shall not be subjected to loads exceeding those which the system was designed to withstand. (ii) Shields shall be installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads. (iii) Employees shall be protected from the hazard of cave-ins when en- tering or exiting the areas protected by shields. (iv) Employees shall not be allowed in shields when shields are being in- stalled, removed, or moved vertically. (2) Additional requirement for shield systems used in trench excavations. Excavations of earth material to a level not greater than 2 feet (.61 m) below the bottom of a shield shall be permitted, but only if the shield is de- signed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield. APPENDIX A TO SUBPART P -SOIL CLASSIFICATION (a) Scope and application —{1) Scope. This appendix describes a method of classifying soil and rock deposits based on site and envi- ronmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth re- quirements, and describes acceptable visual and manual tests for use in classifying soils. (2) Application. This appendix applies when a sloping or benching system is de- signed in accordance with the requirements set forth in § 1926.652(b)(2) as a method of protection for employees from cave-ins. This appendix also applies when timber shoring for excavations is designed as a method of protection from cave-ins in ac- cordance with appendix C to subpart P of part 1926, and when aluminum hydraulic shoring is designed in accordance with ap- pendix D. This Appendix also applies if other protective systems are designed and selected for use from data prepared in ac- cordance with the requirements set forth in § 1926.652(c), and the use of the data is I 225 Subpt. P, App. A D predicated on the use of the soil classifica= tion system set forth in this appendix. . (b) Definitions. The definitions and exam- ples given below are based on, in whole or in part, the following: American Society for Testing Materials (ASTM) Standards D653- 85 and D2488; The Unified Soils Classifica- tion System, The U.S. Department of Agri- culture (USDA) Textural Classification Scheme: and The National Bureau of Stand- ards Report BSS -121. Cemented soil means a soil in which the particles are held together by a chemical agent, such as calcium carbonate, such that. a hand -size sample cannot be crushed into powder or individual soil particles by finger pressure. Cohesive soil means clay (fine grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical -sideslopes, and is plastic when moist. Cohe- sive soil is hard to break up when dry, and exhibits significant cohesion when sub- merged. Cohesive soils include clayey silt, sandy clay, silty clay, clay and organic clay. Dry soil means soil that does not exhibit visible signs of moisture content. Fissured means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits open cracks, such as tension cracks, in an exposed surface. Granular soil means gravel, sand, or silt, (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered system means two or more dis- tinctly different soil or rock types arranged in layers. Micaceous seams or weakened planes in rock or shale are. considered lay- ered. Moist soil means a condition in which a soil looks and feels damp. Moist cohesive - sou can easily be shaped into a ball and rolled into small diameter threads before crumbling. Moist granular soil that contains some cohesive material will exhibit signs of cohesion between particles. Plastic means a property of a soil which allows the soil to be deformed or molded without cracking, or appreciable volume change. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. Saturation, or near satura- tion, is necessary for the proper use of in- struments such as a pocket penetrometer or sheer vane. Soil classification system means, for the Purpose of this subpart, a method of catego- rizing soil and rock deposits in a hierarchy of Stable Rock, Type A, Type B, and Type C, In decreasing order of stability. The cate- . 29 CFR Ch, XVII (7-1-92 Edition) gories are determined based on an analysis of the properties and performance charac- teristics of the deposits and the environ- mental conditions of exposure. Stable rock means natural solid mineral matter that can be excavated with vertical sides and remain intact while exposed. Submerged soil means soil which is under- water or is free seeping. - Type A means cohesive soils with an un- confined compressive strength of 1.5 ton per square foot (tsf) (144 kPa) or greater. Exam- ples of cohesive soils are: clay, silty clay, sandy clay, clay loam and, in some cases, silty . clay loam and sandy clay loam. Ce- mented soils such as caliche and hardpan are also considered -Type A. However, no soil is Type A if: (i) The soil is fissured; or (ii) The soil is subject to vibration from heavy traffic, pile driving, or similar effects; or (iii) The soil has been previously dis- turbed; or (iv) The soil is part of a sloped, layered system where the layers dip into the excava- tion on a slope of four horizontal to one ver- tical C4H:1V) or greater; or (v) The material is subject to other factors that would require it to be classified as a less stable material. Type B means: (i) Cohesive soil with an unconfined com- pressive strength greater than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or (ii) Granular cohesionless soils including:' angular gravel (similar to crushed rock), silt, silt loam, sandy loam and, in some cases, silty clay loam and sandy clay loam. (u-i) Previously disturbed soils except those which would otherwise be classed as Type C soiL (iv) Soil that meets the unconfined com- pressive strength or cementation require- ments for Type A, but is fissured or subject to vibration; or (v) Dry rock that is not stable; or (vi) Material that is part of a sloped, lay- ered system where the layers dip into the excavation on a slope less steep than four horizontal to one vertical (4H:1V), but only if the material would otherwise be classified as Type B. Type C means: (i) Cohesive soil with an unconfined com- pressive strength of 0.5 tsf (48 kPa) or less; or (ii) Granular soils including gravel, sand, and loamy sand; or (iii) Submerged soil or soil from which water is freely seeping; or (iv) Submerged rock that is not stable, or (v) Material in a sloped, layered system where the layers dip into the excavation or a slope of four horizontal to one vertical (4H:1V) or steeper. Q Q I I :D 'I iI 1, Li II I 226 1 IOccupational Safety and Health Admin., Labor Subpt. P, App. A I I I I I I I I I I U] I .i I I Unconfined compressive strength means the load per unit area at which a soil will fail in compression. It can be determined by laboratory testing, or estimated in the field using a pocket penetrometer, by thumb pen- etration tests, and other methods. Wet soil means soil that contains signifi- cantly more moisture than moist soil, but in such a range of values that cohesive materi- al will slump or begin to flow when vibrated. Granular material that would exhibit cohe- sive properties when moist will lose those cohesive properties when wet. (c) Requirements —(1) Classification of soil and rock deposits. Each soil and rock deposit shall be classified by a competent person as Stable Rock, Type A, Type B, or Type C in accordance with the definitions set forth in paragraph (b) of this appendix. (2) Basis of classification. The classifica- tion of the deposits shall be made based on the results of at least one visual and at least one manual analysis. Such analyses shall be conducted by a competent person using tests described in paragraph (d) below, or in other recognized methods of soil classifica- tion and testing such as those adopted by the America Society for Testing Materials, or the U.S. Department of Agriculture tex- tural classification system - (3) Visual and manual analyses. The visual and manual analyses, such as those noted as being ac' eptabie in paragraph (d) of this appendix, shall be designed and con- ducted to provide sufficient quantitative and qualitative information as may be nec- essary to identify properly the properties, factors, and conditions affecting the classifi- cation of the deposits. (4) Layered systems. In a layered system, the system shall be classified in accordance with its weakest layer. However, each layer may be classified individually where a more stable layer lies under a less stable layer. (5) Reclassification. If, alter classifying a deposit, the properties, factors, or condi- tions affecting its classification -change in any way, the changes shall be evaluated by a competent person. The deposit shall be re- classified as necessary to reflect the changed circumstances. (d) Acceptable visual and manual tests. — (1) Visual tests. Visual analysis is conducted to determine qualitative information regard- ing the excavation site in general, the soil adjacent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated mate- rial. - (i) Observe samples of'soil that are exca- vated and soil in the sides of the excavation. Estimate the range of particle sizes and the relative amounts of the particle sizes. Soil that is primarily composed of fine-grained material is cohesive material Soil composed primarily of coarse -grained sand or gravel is granular material. (ii) Observe soil as it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay in clumps is granular. (iii) Observe the side of the opened exca- vation and the surface area adjacent to the excavation. Crack -like openings such as ten- sion cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spans are evi- dence of moving ground and are indications of potentially hazardous situations. (iv) Observe the area adjacent to the exca- vation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously dis- turbed soil. (v) Observe the opened side of the excava- tion to identify layered systems. Examine layered systems to identify if the layers slope toward the excavation. Estimate the degree of slope of the layers. (vi) Observe the area adjacent to the exca- vation and the sides of the opened excava- tion for evidence of surface water, water seeping from the sides of the excavation, or the location of the level of the water table. (vii) Observe the area adjacent to the ex- cavation and the area within the excavation for sources of vibration that may affect the stability of the excavation face. (2) Manual tests. Manual analysis of soil samples is conducted to det�rniine quantita- tive as well as qualitative properties of soil and to provide more information in order to classify soil properly. (i) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as `/e -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 '/e -inch thread can be held on one end without tear- ing, the soil is cohesive. (ii) Dry strength. If the soil is dry and crumbles on its own or with moderate pres- sure into individual grains or fine powder, it is granular (any combination of gravel, sand, or silt).,If the soil is dry and falls into clumps which break up into smaller clumps, but the smaller clumps can only be broken up. with difficulty, it may be clay in any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unfissured. (iii) Thumb penetration. The thumb pene- tration test can be used to estimate the un- confined compressive strength of cohesive soils. (This test is based on the thumb pene- tration test described in American Society for Testing and Materials (ASTM).Standard designation D2488 —"Standard Recommend- ed Practice for Description of Soils (Visual - I 227 Subpt, P, App, a Manual Procedure).") Type A soils with unconfined compressive strength of 1.5 tsf tiPPENDIX B TO SUBPART P -SLOPING AND BENCHING - (a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protect- ing employees working in excavations from cave-ins, The requirements of this appendix apply when the design of sloping and bench - 29 CFR Ch, XVI1 (7-1-92 Edition) 228 Occupational Safety and Health Admin., Labor TABLE B-1 MAXIMUM ALLOWABLE SLOPES Subpt. P, App. B SOIL OR ROCK TYPE MAIMUM ALLOWABLE SLOPES(H:V)Cil FOR EXCAVATIONS LESS THAN 20 FEET STABLE ROCK VERTICAL (909 TYPE A (2) 3/4:1 (539 TYPE B 1:1 (459 TYPE C 1½:1 (340) 1. Numbers shown in parentheses next to -maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off. A short-term maximum allowable slope of 1/2H:1V (63°) is allowed in excavations in Type A soil that are 12 feet (3.67 m) or less in depth. Short-term maximum allowable slopes for excavations greater than 12 feet (3.67 m) in depth shall be 3/4H:1V (53°). 3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. Figure B-1 Slope Configurations (All slopes stated below are in the horizontal to vertical ratio) B-1.1 Excavations made in Type A soiL 1. All simple slope excavation 20 feet or less in depth shall have a maximum allowable slope of %:1. Subpt, P. App. B 29 CFR Ch. XVII (7-1-92 Edition) 20' Max. • 3/4 SIMPLE SLOPE —GENERAL . - Exception: Simple slope excavations which are open 24 hours or less (short term) and which are 12 feet or less in depth shall have a maximum allowable slope of 54:1. 12 Max. SIMPLE SLOPE__SHORT TERM 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of � to 1 and maximum bench dimensions as follows: 230 Occupational Safety and Health Admin., Labor SIMPLE BENCH Subpt. P, App: B MULTIPLE BENCH 3. All excavations 8 feet or less in depth which have unsupported vertically sided lower portions shall have a maximum vertical side of 3Y: feet. UNSUPPORTED VERTICALLY SIDED LOWER PORTION-MASIMUM 8 FEET IN DEPTH All excavations more than 8 feet but not more than 12 feet in depth which unsupported vertically sided lower portions shall have a maximum allowable slope of 1:1 and a maximum I /1 231 Subpt. P, App. B 29 CFO Ch I UNSUPPORTED VERTICALLY SIDED LOWER PORTION— . AVII (7-1-92 Edition) All excavations 20 feet or less in depth which have verticallyMAXIMUM f 2 1~'EET IN DH a supported or shielded shall have a maximum allowable slope of sided lower system must extend at least 18 inches above the top oc l Side. The portions that are of the vertical side. pport or shield 20' Max. Min. Total height of vertical side SUPORTED OR SHIELDED VERTICALLY SIDED LOWER PORTION 4. Al] other simple slope, compound slope, and vertically sided lower Portion excavations shall be in accordance with the other options permitted under § 1926.652(b). -1.2 1 All simple slope excavat tions 20 feet or less in depth shallshallhave a max' slope 1:1. simpleunum allowable SnWLE SLOPE 2. All benched excavations 20feet or less depth shall have a maxim of 1:1 and maxims bench dimensions as follows: um allowable slope L I [l 232 Occupational Safety and Health Admin., Labor Subpt. P, App. B This bench allowed in cohesive soil only 20' Max Max. / SINGLE BENCH This bench allowed in cohesive soil only 20' Max. //I G' pax_ 4' Max. MULTIPLE- BENCH 3. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1:1. 20' Max. Support. or shield system /� V Min. Total height of vertical side 233 Subpt. P, App. •B 29 CPR Ch. XVI1 (7-1-92 Edition) VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shall be in accordance with the other options permitted in § 1926.652(b). B-1.3 Excavations Made in Type C Soil 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 154:1. 20' Max. I 1 1§ SIMPLE SLOPE 2. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1½:1. Support or shield system I 20' Max. _ _ lz 18" Min. Total height of vertical side 234 i I I 1 I I I 1 I I I 1 I 1 1 i I I Occupational Safety and Health Admin., Labor Subpt. P, App. B VERTICAL SIDED LOWER PORTION 3. All other sloped excavations shall be in accordance with the other options permitted in § 1926.652(b). B-1.4 Excavations Made in Layered Soils 1. All excavations 20 feet or less in depth made in layered soils shall have a maximum allowable slope for each layer as set forth below. B OVER A C OVER A C OVER d 235 Subpt. P, App, C AA 0VERS 29 CFR Ch. XVII (7-1_Q2 Edition) I I I I A . I. • A OVER C B _1 C � 1 Ii 8 OVER 2• All other sloped excavations shall be in accordance with the other options e § 1926.652(b), Permitted in APPENDIX C TO SUBPART P -TIMBER SHORING FOR TRENCHES (a) Scope. This appendix contains infor-. oration that can be used timber shoring is Provided as a method of Protection from cave-ins in trenches that do not exceed 20 feet (6.1 m) in depth. This appendix must be used when design of timber shoring Protec- tive systems is to be Performed in accord- ance with § 1926.652(c)(1). Other timber shoring configurations. Other systems of SYteOmrts such as hydraulic and Pneumatic and other Protective systems such as sloping, benching, shielding, and freezing systems must be designed in accordance with the requirements set forth in § 1926.652(b) and § 1926.652(c). (b) Soil Classification. In order to use the data Presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in appen- dix A of subpart p of this part (c) Presentation of Information. Informs. tion is Presented in several forms as follows: (1) Information is Presented in tabular form in Tables C-1.1, C-1.2, and C-1.3, and Tables C-2.1, C-2.2 and C-2.3 following 236 II II I C1 I Occupational;Safety'andHealth Admin., Labor Subpt. P;'App. C paragraph (g)'of the -appendix. Each table presents the minimum sizes of timber them - ten to use in a shoring system,and each table-.contains:data.'only for the. particular -..soi,..type in which theexcavatlon:orportfon of the excavation is made. The data are ar- ranged to allow the user the flexibility :to .select from among, several..acceptable con- figuiiatidm f members 'based on .the horizontal spacing of the 'crossbraces. Stable rock is'exempt from shoring'require- ments 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 appendix, and on the tables themselves. •(3),Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) information illustrating the use of the tabular data is presented in paragraph (f) of this appendix. (5) Miscellaneous notations regarding Tables C-1.1 through C-1.3 and Tables C- 2.1 through C-2.3 are presented in para- graph (g) of this Appendix. (d) Basis and limitations of the data. —(1) Dimensions of timber members. (D -The sizes of the timber members listed in Tables C- 1.1 through C-1.3 are taken from the Na- tional Bureau of Standards (NBS) report, "Recommended Technical Provisions for Construction Practice hi Shoring and Slop- ing of Trenches and Excavations." In addi- tion, where NBS did not recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by existing codes and on empirical practice. (ii) The required dimensions of the mem- bers listed in Tables C-1.1 through C-1.3 refer to actual dimensions and not nominal dimensions of the timber.. Employers want- ing to use nominal size shoring are directed to Tables C-2.1 through C-2.3, or have this choice under § 1926.652(c)(3),- and are re- ferred to The Corps of Engineers, The Bureau of Reclamation or data from other acceptable sources. (2) Limitation of application. (i) It is not intended that the timber shoring specifica- tion apply to every situation that may be experienced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be designed as specified in § 1926.652(c). (ii) When any of the following conditions are present, the members specified in the tables are not considered adequate. Either an alternate timber shoring system must be designed or another type of protective system designed in accordance with § 1926.652. '(A) When loads imposed by 'structures or by stored material adjacent to :the trench weigh in excess of the load Imposed by a two -foot. soil -surcharge. The :term "adja- cent" as used here -means the area within a horizontal distance :from the edge -of :the -trench equal to the depth of.the trench. • (B). When verticafloads lmposed::on cross braces exceed a 240 -pound gravity load.dis- tributed on a one -foot, section 'of the centei of the crossbrace. . (C) When surcharge loads are :present - from equipment weighing in excess of 20,000' pounds. (D) When only the lower portion of a trench is shored and the remaining portion of the trench is sloped or benched unless The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables. The members of the shoring system that are to be selected using this information are the cross braces, the uprights, and the wales, where wales are re- quired. Minimum sizes of members are spec- ified for use in different types of soil. There are six tables of information, two for each soil type. The soil type must first be deter- mined in accordance with the soil classifica- tion system described in appendix A to sub- part P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is then made. The selection is based on the depth and width of the trench where the members are to be in- stalled and, in most instances, the selection is also based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spacing of crossbracing is avail- able, the horizontal spacing of the cross - braces must be chosen by the user before the size of any member can be determined. When the soil type, the width and depth of the trench, and the horizontal spacing of the crossbraces are known, the size and ver- tical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and horizontal spacing of the uprights can be read from the appropriate table. (f) Examples to Illustrate the Use of Tables C-1.1 through C-1.3. (1) Example 1. A trench dug in Type A soil is 13 feet deep and five feet wide. From Table C-1.1, for acceptable arrange- ments of timber can be used. Arrangement #1 Space 4x4 crossbraces at six feet horizon- tally and four feet vertically. Wales are not required. 237 Subpt. P, App. C , Space 3x8 uprights at six feet horizontal- ly- This arrangement is commonly called skip shoring." Space 8X10 crossbraces at eight feet hori- zontally and five feet vertically. Space 4x6 crossbraces at eight feet hori- Space 212 Uprights pwal1 ghtsiine aeclose et rsheetin zontally and four feet vertically. Position . 2X6 u configuration unless water pressure must be Space 8x8 wales at four feet vertically, resisted. Tight sheeting must be used where Space 2X6 uprights at four feet horizon- water must be retained. tally. (4) Example 4. Arrangement #3 A trench dug in Type C soil is 20 feet deep and 11 feet wide. The size and spacing of Space 6x6 crossbraces at 10 feet horizon- members for the section of trench that is tally and four feet vertically. over 15 feet in depth is determined using Space 8x10 wales at four feet vertically. Table C-1.3. Only one arrangement of men - Space• 2 x 6 uprights at five feet horizontal- bers is provided. Iy. Arrangement #2 Arrangement #4 Space 6x6 crossbraces at 12 feet horizon- tally and four feet vertically. Space 10X10 wales at four feet vertically. Spaces 3x8 uprights at six feet horizon- tally. _ (2) Example 2. A trench dug in Type B soil in 13 feet deep and five feet wide. From Table C-1.2 three acceptable arrangements of members are listed. m Arrangeent #1 Space 6x6 crossbraces at six feet horizon- tally and five feet vertically. Space 8x8 wales at five feet vertically. Space 2X6 uprights at two feet horizontal- ly. Arrangement #2 Space 6x8 crossbraces at eight feet hori- zontally and five feet vertically. Space lOx 10 wales at five feet vertically. Space 2 x 6 uprights at two feet horizontal- ly. - rr Aangement #3 Space 8x8 crossbraces at 10 feet horizon tally and five feet vertically. Space 10X12 wales at five feet vertically. Space 2x6 uprights at two feet vertically. (3) Example 3. A trench dug in Type C soil is 13 feet deep and five feet wide. From Table C-1.3 two acceptable arrange- ments of members can be used. Arrangement #1 Space 8X8 crossbraces at six feet horizon- tally and five feet vertically. Space 10X12 wales at five feet vertically. Position 2x6 uprights as closely together as possible. If water must be retained use special tongue and groove uprights to form tight sheeting. 29 CFR Ch. XVII (7-1-92 Edition) Arrangement #2 Space 8x10 crossbraces at six feet hori- zontally and five feet vertically. Space 12x 12 wales at five feet vertically. Use 3x6 tight sheeting. Use of Tables C-2.1 through C-2.3 would follow the same procedures. (g) Notes for all Tables. 1. Member sizes at spacings other than in- dicated are to be determined as specified in § 1926.652(c), "Design of Protective Sys- tems." 2. When conditions are saturated or sub- merged use Tight Sheeting. Tight Sheeting refers to the use of sl,ecially-edged timber planks (e.g., tongue and groove) at least three inches thick, steel sheet piling, or similar construction that when driven -or placed in position provide a tight wall to resist the lateral pressure of. water and to prevent the loss of backfill material. Close Sheeting refers to the placement of planks side -by -side allowing as little space as possi- ble between them. 3. All spacing indicated is measured center to center. 4. Wales to be installed with greater di- mension horizontal. 5. If the vertical distance from the center of the lowest crossbrace to the bottom of the trench exceeds two and one-half feet, uprights shall be firmly embedded or a mudsill shall be used. Where uprights are embedded, the vertical distance from the center of the lowest crossbrace to the bottom of the trench shall not exceed 36 inches. When mudsills are used, the vertical distance shall not exceed 42 inches. Mudsills are wales that are installed at the toe of the trench side. 6. Trench jacks may be used in lieu of or in combination with timber crossbraces. 7. Placement cf crossbraces. When the ver- tical spacing of crossbraces is four feet; place the top crossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbraces Is five feet, place the top crossbrace no more than 2.5 feet below the top of the trench. I I I I I I I I I I I I I 238 f Occupational Safety and Health Admin., Labor Subpt. P, App. C = N d N 1 J X Z Z N N O 1 Z W W W LL a.m Q O b J >C N Q x c EIL F- 61 # X 10 10 10 N 3. X x X 0 W m M 1'•f M L O O u = = p IL W I 1 I C 41 a VI W . IUi C C C V C L Y ' C v 4.34-i V- C wN N W N CC N In © C O d D I S N ., Y Y O Y_ C O — 000 x o x x 'CC x Cx C ,., '^ H C C C C O t0 C O O T c •-^ = N O y T U — f 0: U W W .r W Q Is. O V C V C V V C 2 V C J E > IL v N L Y Q X 4-30 — N C LC) O C➢ N F-'0 t0 t0 t0 t0 O O O O O O OtL L C In x X X x X X X X X X X —ii 10 'C t0 10 10 IC 10 10 to C 'C LL = O -o CY O q 0 C C. O ✓ 1- F_ S N W N t0 b 10 t0 C O C C. CC 2 W LL x x x x x x x x x x > Is. = 10 t0 t0 t0 a0 t0 t0 10 0 W W Y 7 W U S O 1- 6 CL) 1_• t0 tC t0 t0 t0 t0 t0 t0 t0 3 a Z 0 x x x x x x x x x m L' F-• C W C. Q C 0 ' t0 t0 b t0 X Y CO u,= O O O J F v r 0 q L > W f- 0 C O O < to . < t0 is, t0 t0 t0 x x x 'C 'C x x x x x X X 7 E to. C- Q c t0 t0 t0 b 0 C 0_a, - a) E O 3 C L v o a V b ? t0 t0 t0 t0 t0 C R x X X X x X X X Y-) = R < < Q C t0 t0 t0 t0 C C .-I •Q4-) 0U W q - CO.� 1- •o'4•- ' NZf- O O O O O O O O a O O O Z X C n W - I- I- H H - H F- F- I- H - .� C- O Q W O- 0. C 0p..N.I tp 0 O N t0 C N W E E _ _ _ C. 1 y - 1 y d_ _L •-. 1 !-lU1- WO 0_0=W La O OU) 0• W W W - - - - - - F N N . O O Sly ---a 1 1 239 Subpt. P, App. C 29 CFR Ch. XVII 7-1- ( 92 Edition) m O N H EWQHF .p '0 yU X X N m I- N K G pl � 6 3 _ O A N b N N z t d Z n 14 * N O L x a m - L C,- O u i 'Zr ✓ w N 4N fi •01CU 4] in -Uu h h N d u W z m y L J u L •G V^ w L = „� Z m O O - w w z w N . X - O O F 4 `O m O qX O O x X .r - O N N c.,.-, ^ ... r C d • E ' Z F E f--4 z 4' U V N u N U N V< L "� ✓� E i t N L i O u m F U - .. r X X X CO m O op di N C y q • X X w q q O Q q p CU o a 4 N U q CJ V .. .... X X X m q CO CO Cl)O U q 4 J m d q b CO CO X x; z t0 CO CO z u H J H O y G x CO CO cc = _ b b b x X %C !.J W 'O q CO a Co E N tO O L N w X O s .o '0 'o b '0 t+ F C a y v 'C X X COX CO CO 'O > d `O q b b x X J E G m m w d N d E b b v v x X CO CO CO ' 0 ff x mu V O u r.Zi1 4 O O O r H 'O W O G 4 H� H F O d F .p F q FO ~ H F F Z x C ZG v a. a G— d d Cl CO O d c N m O d O a a a "" d o c yz > > d o 'n r < m 2 : E UF 4 O LZ V in O O o > o a.. F— yO y H O O W O r E.., N em N 240 Occupational Safety and Health Admin., Labor Subpt. P, App. C I U Z U N G u N U O az 1-40) O N N N a V W w W W w m � a O ..1 E E x .+ N b b b x x o x x x x x N N N N N ['1 a U W U Fzr. N In In vl N N W 6 W >o1 N v z O N N N - N Z r o -- X X X X X X N O N O N N Cr o Z F wu 'Cl Ill ill In W6 >n I. O O O O O F — _ X X X X X a.X 9 O m C O 0 a ti r r r O o O V CU H T Co Co r r W N X X X X X w Co Co Co m m Co C/,'__ > 'Si U S -- <00 O O O W F Co Co Co m x x x x x x a w b m m m m m In El O -- N 0. O O O O a 0 F Co Co Co U X X X X X X S w d Co Co Co Co Co F O = H o 0 0 Co Co - Co X X X X X a. v7 m Co Co Co Co .-. W F O '0 01 a Z a U W 'o Co O U= .O m a a u N u W O<12 vP.. ,.. yu OJ 01 u U a O N O' a P. y o C. L 00 N a a N N 0 C NZ O J N Z N Z C N N Z N Z N F. zEl w v� a O _ O O . 0 H fail 0 O W a 241 Subpt. P, App. C 29 CFR Ch. XVII (7-1_92 Edition) U z m V v a H ti o v v _o v X -4 v N S O F U H W w � X m a v x 4 m v O a v b < X X - # E = v . kl O z N Y U n a 0 '0 b O z' r� x x x 0 3 1r L Z .. n O > > F �-. ' h L o N 5 V 0c L = •-• O ap u u C,] Z s zz z a m -� x uy N U V V V J V v W• -o V N :J N U- U. 7. N 0 Zw ZU O P O ti N j[y Y' Oj .Z KW X xN X m O N d N N b CJ C x X O N Ci U m a Z W< W v u m I = cc - Ccj I Cr N ` v v - _ y E Z N Cr F �p V.` d Jl u C PC Xi X X vUV �C •• C PC C 11 C 'O b `p X X Py L : b b 'U .O C 7. L b V �1 U j v .o b X X C ,O c C= O 'n b K x X r v F m W 4 v X x b b ' 3 J .L �y (n V V V V '0X X K O O b 'p C F m m 0 O L C C v v v v v X X `^ `O `� r-� `O b v X X a o v v �� v v d y I V V v v X X K O-, C �p b X X %� y < W F FN H H HO F F O F h u 4 = ... W p y' b m FO• = J C G4 U Ij O y x # c O W W 'O O O O O 242 Occupational Safety and Health Admin., Labor Subpt. P, App. C N W FDo Z Sa W W• W U L w N C. U W N m v LF. W F N N N i � n U Z ♦. W J m 6 � X F U v C p vl d G _ Z m L' W F a a f✓ m J � W r O F m V Z H • .O r Q v a F v m z O N Cd,a O F N H W 4. V V - O N O O O .4 - — r x x x v V v N N xO .o .O .O .p .O .O S U X X -r --r e V <n F �. 1 1 OCL v •/1 In v1 Vl W W 6 N -In N W W W N z O W 1.. m m O N N N `- X X X X — X _N O .O m m m O O X X Z m O N . U d F w N CJ U W v1 V\ In W .( 4. N N U, v1 U, O > G v Z O F -- m m m m Co a G x X m of m O b '0 .XO m X x m m HO WE. - W N .O m m X X X CO .O .O .a .o CO CO .O CO CO 2 O U F P W 0. 0. O K K .O m m m m m F X X X X X X X V .OV .O .O m .0 .o W O O F .O x0_ .O .e .O .O CO CO CO CO CO v X X X X X - - .O .O .O .O Q .O CO 3 O `0 `o CO CO CO X>4 >4 x x x m CO J V V V _ .p '0 .O x x x .O .p CO O O O cJ r ZF F' I- F F F — O .p m O W .o Z m o a.O COm O 0.0. — Ow r ow — W U W v] v 0. C. C. 00 W NZ NO 0 lA Z N F OH • p O 'e O O O in Y v F J O O O 243 Subpt. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) N H to Z I. LJ z L LU L H - U] la) a u w 4] H H 0- 0 N • E N 1 Z .4- o r z x G p H U m Z ^_' II U Z U Li) lu H o H LJ - H Q H N U Z U a F Z O N . H Z =LL) U LJ L: w < O a F U Z � H H a U 4 j < y vl V1 ✓1 N v1 . N N O N N N x _N n N O p 0 (N _ O C Or Z H a C < L ✓1 N 1/\ 11Th y� V a,Cd CO N a, j m m a, X X N C H N '0 O) C) C) X X X Co — a, >C x x L .O .O CO W CC 0 r . N O p y n .O .O 4• m .O .O x .O x C .O a, 3 O x -x X X k `a .c .O ,O � - Y 0 F OH O Iii H -I- O _.. O O o< '0 'A o vC w •- v u m v w •o v v O _ 6• w w Cl 00. N L N 41 N = 0) 0 J N O O W L N Z > > NZ NZ N O N O � NZ N N H U H w O Z W .1 L O s i H Oy C — — H N >N :Occuputional.Safety.and .HealTh Admin., Labor 3ubptL P,:App:.D II I rl APPENDIxD TO SUBPART P-ALtMINT-TM .HYDRAULIC SHORING FOR TRENCHES '(a) Scope.? This appendix contains -infor- -nation '•that -can be used when aluminum •hydraulic shoring is provided as a method of.. •protection %against -cave-ins in trenches that,do pot exceed 20 feet (6.1m) in;depth., •This appendix must be used when:design of the aluminum hydraulic protective system cannot be performed in accordance with 1926.652(c)(2). (b) Soil Classification. In order to use data presented in this _appendix, the .boil type or types in which the excavation is made must first be determined using the soil.classification method set forth in appen- dix A of. subpart P of part 1926. (c) -Presentation of Information - -Forma- tion is presented in several forms as follows: (1) Information is presented in tabular form in Tables D-1.1, D-1.2, D-1.3 and E- 1.4. Each table presents the maximum verti- cal and horizontal spacings that may be used with various aluminum member sizes and various hydraulic cylinder sizes. Each table contains data only for the particular soil type in which the excavation or portion of the excavation is made. Tables D-1.1 and D-1.2 are for vertical shores in Types A and B soil. Tables D-1.3 and D1.4 are for hori- zontal waler systems in Types B and C soil. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appendix. (3) Information explaining the use of the tabular data is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented in paragraph (f) of this appendix.' (5) Miscellaneous notations (footnotes) re- garding Table D-1.1 through D-1.4 are pre- sented in paragraph (g) of this appendix. (6) Figures, illustrating typical- installa- tions of hydraulic shoring, are included just prior to the Tables. The illustrations page is entitled "Aluminum Hydraulic Shoring; Typical Installations." (d) Basis and limitations of the data.. (1)Vertical shore rails and horizontal wales are those that meet the Section Mod- ulus requirements in the D-1 Tables. Alumi- num material is 6061-T6 or material of equivalent strength and properties. (2) Hydraulic cylinders specifications. (i) 2 -inch cylinders shall be a minimum 2 -inch inside diameter with a minimum safe work- ing capacity of no less than 18,000 pounds axial compressive load at maximum exten- sion. Maximum extension is to include full range of cylinder extensions as recommend- ed by product manufaturer- (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 recom- mended by product manufacturer: C3) Limitation of application. (1) It is not intended that the aluminum hydraulic specificationapply to every sltua- ,t1Qn that ;may be experienced .in the field. These.data were.developed.to,'apply'.to.the situations that are ;most: Commonly eacperi- enced in current treechingpractice: Shoring _' • systems for use in situations that are not _ covered by the .data in this appendix must be 'otherwise designed as specified in 41926.652(c). When any of the following conditions are present, the members specified in the . Tables are not considered adequate. In this case, an alternative aluminum hydraulic shoring .system or other type of protective system must be designed in accordance with 1926.652. (A) When vertical loads imposed on cross braces exceed a 100 Pound gravity load dis- tributed on a one foot section o₹ the center of the hydraulic cylinder. (B) When surcharge loads are present from equipment weighing in excess of 20,000 pounds. (C) When only the lower portion or a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables D-1.1, D-1.2, D-1.3 and D-1.4. The members of the shoring system that are to be selected using this informa- tion are the hydraulic cylinders, and either the vertical shores or the horizontal wales. When a waler system is used the vertical timber sheeting to be used is also selected from these tables. The Tables D-1.1 and D- 1.2 for vertical shores are used in Type A and B soils that do not require sheeting. Type B soils that may require sheeting, and Type C soils that always require sheeting are found in the horizontal wale Tables. D- 1.3 and D-1.4. The soil type must first be de- termined in accordance with the soil classifi- cation system described in appendix A to subpart P of part i926. Using the appropri- ate table, the selection of the size and spac- ing of the members is made. The selection is based on the depth and width of the trench where the members are to be installed. In these tables the vertical spacing is held con- stant at four feet on center. The tables show the maximum horizontal spacing of cylinders allowed for each size of wale in the wafer system tables, and in the vertical shore tables, the hydraulic cylinder horizon- tal spacing is the same as the vertical shore spacing. 245 I Subpt. P, App. D (f) Example to Rlustrate the Use of th Tables: (1) Example 1: A trench dug in Type A soil is 6 feet deep and 3 feet wide. From Table D-1.1: Find ver- tical shores and 2 inch diameter cylinders spaced 8 feet on center (o.c.) horizontally and 4 feet on center (o.c.) vertically. (See Figures 1 & 3 for typical installations.) (2) Example 2: A trench is dug in Type B soil that does not require sheeting, 13 feet deep and 5 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinders spaced 6.5 feet o.c. horizontally and 4 feet o.c. vertical- ly (See Figures 1 & 3 for typical installa- tions.) (3) A trench is dug in Type B soil that does not require sheeting, but does experi- ence some minor raveling of the trench face. The trench is 16 feet deep and 9 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinder (with special avers- leeves as designated by footnote #2) spaced 5.5 feet o.c. horizontally and 4 feet o.c. verti- cally, Plywood (per footnote (g)(7) to the D- 1 Table) should be used behind the shores. (See Figures 2 & 3 for typical installations.) (4) Example 4: A trench is dug in previous- ly disturbed Type B soil, with characteris. tics of a Type C soil, and will require sheet. tug. The trench is 18 feet deep and 12 feet Wide. 8 foot horizontal spacing between cyl- inders is desired for working space. From Table D-1.3: Find horizontal wale with a section modulus of 14.0 spaced at 4 feet o.c. vertically and 3 inch diameter cylinder spaced at 9 feet maximum o.c. horizontally. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation. ) (5) Exam+.)le 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 t 6.5 feet o.c. horizontally. Or, find horizontal wale with a 14.0 section modulus and 3 inch c diameter cylinder spaced at 10 feet o.c. hori- zontally. Both wales are spaced 4 feet o.c. 29 CFR Ch. XVII (7-1-92 Edition) e vertically. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (g) Footnotes, and general notes, for Tables D-i.i, D-1.2, D_1.3, and D-1.4. (1) For applications other than those listed in the tables, refer to § 1925.652(c)(2) for use of manufacturer's tabulated data. For trench depths in excess of 20 feet, refer to § 1925.652(c)(2) and § 1926.552(c)(3). (2) 2 inch diameter cylinders, at this width, shall have structural steel tube (3.5x3.5X0.1875) oversleeves, or structural oversleeves of manufacturer's specification, extending the full, collapsed length. (3) Hydraulic cylinders capacities. (1) 2 inch cylinders shall be a. minimum 2 -inch inside diameter with a safe working capacity of not less than 18,000 pounds axial com- pressive load at maximum extension. Maxi- mum extension is to include full range' of cylinder extensions as recommended by product manufacturer. (ii) 3 -inch cylinders shall be a minimum 3. inch inside diameter with a safe work capac- ity of not less than 30,000 pounds axial com- pressive load at maximum extension- Maxi- mum extension is to include full range of cylinder extensions as recommended by product manufacturer. (4) All spacing indicated is measured center to center. (5) Vertical shoring rails shall have a min- imum section modulus of 0.40 inch. (6) When vertical shores are used, there must be a minimum of three shores spaced equally, horizontally in a group. (7) Plywood shall be 1.125 in. thick softwood or 0.75 inch. thick, 14 ply, arctic white birch (Finland form). Please note that Plywood is not intended as a structural member, but only for prevention of local raveling (sloughing of the trench face) be- tween shores. (8) See appendix c for timber specifica. ions. (9) Wales are calculated for simple span onditions. (10) See.appendix and limitat' ions of the D, item (d), for basis data. I I 11 I I I I I I I I I I L. I 246 1 Occupational Safety and Health Admin., Labor - Subpt. P. App. D ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS FIGURE NO. 1 FIGURE NO. 2 VEATCAL .LLWp&t .'YDXALES %.'CAM YCRYCAL ALU✓1Ol (lean *aACS D1 MYDAALA. IC !MOAN Iw(rwooD) H O0.IZOMiAL SPACING NORI ZONTAL / m n SPACING Jai/ VERTICAL RAIL N TDRAUL IC CYLINDER liii 18" MAX. 5) IIJiJ11111 "1 IIU " VERTICAL SPACING .` 1 trn A' MAX 2 MAX. FIGURE NO. 3 VEATC4 AUYINV MYOAALE.C Ewnna ?4 (STACtEDI 6� �O 4! ti° P� VERTICAL SPACI MG A' MAX. 2' MAX. VERTICAL RAIL '1 HYDRAULIC CYLINDER 18" MAX. x' NI RI.' _ VERTICAL X S➢ACING Ai A' MAX. 2 MAX. FIGURE NO. 4 ALUMW HYOAAKG ]MORMO WAC(d ITJTEY I TYPCAU HORIZONTAL SPACING ✓// r"VERTICAL RAIL 2' MAX. HYDRAULIC - {/ CYLINDER VERTICAL SPACING t � PLYV000 U G NT SHEET IHD WALE HYDRAULIC CYLINDER 311-112 O-92-0 247 Subpt. P, App. D 29 CFR Ch. XVII (7-1-92 Edition) C-, 0 x w ._UAW cC �rxaa ._1 a � t4 r1 x H ucL Wo M ¢ O Q p LU U a. z m T F w� U Lc] z�F ta7 tom- N ¢ 0 O O Q C OO y y O U a z N ¢ Q U U -1 U r o F _ U u ^ ¢ W c v v F O z a`Z ^ z r O¢ u m OO ¢ a O " U [ a O ry O o 0 w > ^p >o4� > O0 Q O O a O a > O to N K Ct M b ^ N C,, v v c nv0 U t) c Q Q t X •_ X Z7 m C C U .-90-0. v u p O O h y U � v v O U U c� z° z Occupational Safety and Health Admin., Labor Subpt. P, App. D C E Z o a W Z Q N O c " c J q Q V r�TVs D E"2C� Q �QC7 > = q U ? u z X C Q ,-, c Q W 4 v L z U O eO c0 - E E = u a, c C q x x CC -o a 00. v to l v) .— � r v U u ' z z .Subpt. P, App. D .29 CFR Ch. XVII (7-1-92 Edition) "Z N QM 11 U o. aCM I U N en 0 x O I I N p. K K uJ - °z �� z_ z z z z_ z z z z_ M M M M M M M t•'. M. ^ r_ a uo 'M . U NZ Z 0.0 c - C C c hC O : n C/) > 2 a - - c y O p z z _ v ..i N W N N N N U Z S — zu Zu1 z_L z_ _Z.L Z Z_ Z_,L" Z Z_ - — ci O U 0 O H o M N O M M C s w uS z z z z o U C V) b J F, x Z - .., c c c -N d Y' C:d vCi 3^ Z z z Z a Z Z Z Zu - - - - - - - = v • < v S J G (N N N en Z - y I — ❑ J L Z = v Z - • Z V - tj-I V V. IfI O C < - C y Z - - r U L . U G J U V C C C C v c E u a o_c__ FLU F C O^ C O x 0 v = - _ 0. >UI p L O O O-= N >— N {-- O - u 00 O O U [�Zzw 250 Occupational Safety and Health Admin., Labor Subpt. P, App. D U F F Z LL U n 0C. OZ � a rV N N F O O M N, h s z Z z z z z zz o z_ z - a U'S N U C h C o h O fl C O u 0 .O O V h CO .+l ua w O — zyct z F-. N N N U b Z ,, N O Z (1$(L.1 _Z =� >' z F J Q N Q N O en N O t o en l N C F. . n o U a uo Z z z z C o vi v7 U — F.. oa U u a o .-; j [:1 L = V cY Li.? v� In O vi C C o O c Q, to > 2 s s o axa� z z Z Z Z Z Z CO J¢ N N t^. N en m Ned-. O to Z c a o - v .9 O r v o r. C O o �n C u Q O` .c c e vi cc en V 'C OF =' v N Z Z _ T r Z �n O C In O C vi C u O en r c fn c� c en r o 3 U Z F CEE V 4 .� r U c �Cj a LL u CCC v y c E u O_c._ —<<0 , - Z f a O_ n' O C O o y O. v u O F � O .O O > > R C N a V •— H C N N C ' u OO Szz: 1 251 Subpt. P, App..E 29. CFR Ch. XVII (7-1-92 Edition) APPENDIX E TO SUBPART P -ALTERNATIVES TO TIMBER SHORING I8's I' VER1 SPA( RTICAL RAIL YDRAULIC CYLINDER Figure 1. Aluminum_ Hydraulic Shoring O O O O Figure 2. Pneumatic/hydraulic Shoring 252 Occupational Safety and Health Admin., Labor Subpt. P, App. E Figure 3. Trench Jacks (Screw Jacks) Figure 4. Trench Shields 253 Subpt. P, App. F 29 CFR Ch. XVI1 (7-1-92 Edition) APPENDIX F TO SUBPART P -SELECTION OF PROTECTIVE SYSTEMS The following figures are a graphic summary of the requirements contained in subpart P for excavations 20 feet or less in depth. Protective systems for use in excavations more than 20 feet in depth must be designed by a registered professional engineer in accordance with 4 1926.652 (b) and (c). Is the excavation more •than 5 feet in depth? Is there potential for cave-in? Excavation may. be made with vertical sides. Is the excavation entirely in stable rock? I Excavation must be sloped, shored, or shielded. Sloping ( Shorin selected, select or shielding Co to Figure 2 I. I Go to Figure 3 FIGURE 1 - PRELIMINARY DECISIONS 254 Occupational Safety and Health Admin., Labor Subpt. P, App. F Excavation must comply with one of the following three Options: Option 1: 51925.652 (b)(2) which requires Appendices A and 3 to be followed Option 2: 31926.652 (b)(3) which requires other tabulated data (see definition) to be followed. Option 3: 51926.652 (b)(4) which. requires the excavation to be designed by a. registered professional engineer. " _ Sloping selected as the method of protection Will soil classification be made in accordance with 31926.652 (b)? NO Excavations must comply withjl926.652 (b)(1) which requires a slope of 1iu:1V (341 ). FIGURE 2. - SLOPING OPTIONS 255 Subpt. P, App. F 29 CFR Ch. XVII (7-1-92 Edition) Shoring or shielding selected as the method of protection. Soil classification is required when shoring or shielding is used. The excavation must comply with one of the, following four options: Option 1 51926.652 (c)(1) which requires Appendices A and C to be followed (e.g. timber shoring). .Option 2 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 Section 02220 EXCAVATION AND EMBANKMENT Part 1- GENERAL 1.1 SECTION INCLUDES A. Excavation, construction of embankments, and disposal or compaction of all material that is encountered within the limits of the Work. B. Earthwork required for construction of pipelines and appurtenances, including excavation, backfilling, and compaction of backfill above embedment around pipes and appurtenances. 1.2 RELATED SECTIONS A. Clearing, grubbing, and scalping are covered in Section 02100 - Site Preparation. B. Excavation Safety is covered in Section 02161 - Excavation Safety. C. Roadbed preparation and base course placement are covered in Section 02230 - Granular Base Course. D. Erosion control procedures are covered in Section 02270 - Erosion Control. E. Pipelaying is covered in Section 02600 - Pipe Laying. 1.3 REFERENCES A. AASHTO T 99, "The Moisture -Density Relations of Soils Using a 5.5 -lb Rammer and a 12 - in. Drop". B. AASHTO T 180, "The Moisture -Density Relations of Soils Using a 10 -lb Rammer and an 18 -in. Drop". C. AASHTO T 191, "Density of Soil In -Place by the Sand -Cone Method" D. AASHTO T 224, "Correction for Coarse Particles in the Soil Compaction Test". E. AASHTO T 238, "Density of Soil and Soil -Aggregate In -Place by Nuclear Methods". City of Fayetteville 09/2/99 Page 02220-1 1.4 QUALITY ASSURANCE A. All excavation, embankment, and trenching work shall be accomplished by workers skilled and experienced in this kind of work. Equipment used shallbeof a size and design suitable to accomplish the construction required. B. Quality control testing shall conform to the requirements of this section and section 01410. 1.5 SEQUENCING AND SCHEDULING A. Sequence and schedule work to avoid double handling of materials. Prepare embankment areas to receive fill prior to beginning excavation of materials that will be used in embankments, so that the material can be immediately used to construct embankments. Part 2- PRODUCTS 2.1 CLASSES OF EXCAVATION A. Common Excavation: all excavation not included as rock excavation or excavation not otherwise classified. Removing of existing asphalt pavement necessary for constructing new pavement connections is considered demolition. B. Rock Excavation: igneous, metamorphic, and sedimentary rock that cannot be excavated without blasting or the use of rippers, and all boulders or other detached stones each having a volume of %2 cy or more. C. Unclassified Excavation: the excavation and disposal of all materials of whatever character encountered in the work. D. Unsuitable Excavation: material excavated from cut areas that cannot be utilized on any part of the project due to the poor qualities of the material and must be hauled off -site, and materials that cannot be stabilized in place through normal drying and compactive efforts when satisfactory weather and ground conditions exist. E. Trench excavation: is excavation required to construct a trench for utility or storm sewer piping. Trench excavation is incidental to pipelaying. I I II II City of Fayetteville 09/2/99 Page 02220-2 , I Part 3- EXECUTION 3.1 PREPARATION A. Prepare areas to be excavated or where embankment is to be constructed in accordance with Section 02100. 3.2 EXAMINATION DURING CONSTRUCTION A. As excavation, embankment, and trenching work proceeds, examine the work area for evidence of prehistoric people's dwelling sites or artifacts of historical or archeological significance. If any of these are encountered, suspend construction in the affected area until Owner or Engineer contacts archeological authorities to determine the disposition thereof. 3.3 GENERAL CONSTRUCTION REQUIREMENTS A. Excavation and embankments shall be finished to reasonably smooth and uniform surfaces according to the lines, grades, thicknesses and typical cross sections indicated on the Drawings. B. Do not waste materials unless they are unsuitable for construction of embankments and they exceed the amount that can be spread on cut or embankment slopes. C. Common excavation materials that are surplus to the needs of the project shall be stockpiled at locations indicated on the Drawings or as directed by Engineer. D. Complete site preparation work in accordance with Section 02100 and demolition work in accordance with Section 02050 prior to beginning excavation and embankment work. E. Conduct grading operations, as far as practicable, so that the most suitable soil is placed in the top layer of the embankment. Where both suitable and unsuitable materials are encountered in the same general excavation area, control grading to keep materials separated. F. Exercise care and discretion in locating and using haul lanes near trees to be preserved. Haul lanes near trees shall be approved by Engineer. 3.4 ROADWAY EXCAVATION A. Excavate cut areas to approximate subgrade elevations to reasonably smooth and uniform surfaces in accordance with the lines and grades indicated on the Drawings. B. Use suitable materials, so far as practicable, in the formation of embankments, in the subgrade, on slopes, and at other such places indicated by Engineer. City of Fayetteville 09/2/99 Page 02220-3 C. Excavated material to be used in embankments shall be immediately placed in the embankment area so as to avoid stockpiling and double handling. D. Where excavation to the finished grade section results in a subgrade or slopes of unsuitable material, remove the unsuitable material and backfill with approved material, such as select material "hillside" for the subgrade or "hillside" or acceptable material from common excavation on the slopes.. E. Place material unsuitable for embankment construction on slopes, hauled off site, or other locations designated by Engineer. F. Remove rock with suitable rippers and/ or by some mechanical method. Blasting will not be permitted. G. Excavate rock to a minimum depth of 12 inches below subgrade elevation, not to exceed a maximum depth of 18 inches below subgrade elevation within the limits of the roadbed, including sidewalks, and the excavation backfilled with material designated on the Drawings. Take care that un-drained pockets shall not be left in the surface of the rock. H. Remove or stabilize, to the Engineer's satisfaction, rock on the cut face that is loose, hanging, or that creates a potentially dangerous situation during or upon completion of excavation in each lift. Ripping of the next lift will not be allowed until this work has been completed. I. Except in solid rock, trim all slopes to the slopes shown in the cross section drawings, and exercise care so that no material shall be loosened below the required slopes. Remove or cut roots, stumps, and other foreign matter in the sides of ditches or drainage outlets to conform to the slope, grade, and shape of the section shown. 3.5 EMBANKMENT CONSTRUCTION A. Embankment construction consists of constructing roadway embankments, including preparation of the areas upon which they are to be placed; construction of dikes within or outside the right-of-way; placing and compacting approved material within roadway areas where unsuitable material has been removed; and placing and compacting embankment material in holes, pits, and other depressions within the roadway area. Use only approved materials in construction of embankments and backfrlls. B. Remove sod and vegetable matter from the surface upon which embankment is to be constructed in accordance with Section 02100. Completely break up cleared surface by plowing, scarifying, or disking to a minimum depth of 6 inches, and then recoinpact as specified in Paragraph 3.6.C. C. Whenever a compacted road surface containing asphalt or granular material lies within 3 feet ' of the subgrade, remove the old road surface to a depth of at least that shown on the typical section. Provide select material "hillside" under the proposed road limits and either City of Fayetteville 09/2/99 Page 02220-4 "hillside" or acceptable common excavation (when available) in the slope areas and the areas behind the curb. D. Place roadway embankment material in parallel layers not exceeding 8 inches, loose measurement, over the full width of the embankment and compact as specified before the next layer is placed. Use effective spreading equipment on each lift to obtain uniform thickness prior to compacting. As compaction of each layer progresses, continuously level and manipulate material to assure uniform density. Add water or dry, if necessary, in order to obtain the required density. Route compaction equipment uniformly over the entire surface of each layer. E. When embankment is to be placed and compacted on hillsides, continuously bench slopes as the work is brought up in layers. Make benching of sufficient width to permit operations of placing and compacting equipment. Start each horizontal cut at the intersection of the original ground and the vertical sides of the previous cuts. Recompact material thus cut out. No additional payment will be made for this. F. When excavated material consists predominantly of rock fragments of such size that the material cannot be placed in layers of the thickness specified, place such material in the embankment in layers not exceeding in thickness the approximate size of larger rocks, up to 12 inches maximum. Reduce size of rock or boulders too large to permit placing in 12 inch layers as necessary to permit this placement. The 12 inches of embankment immediately below finished subgrade may be placed in one layer with no rock exceeding 6 inches in its greatest dimension. Construct each layer so that rock voids are substantially filled with rock fines and earth. Place and manipulate rock in uniform layers with rock fines or earth distributed throughout the layer. Do not end dump rock over the edges of the layer being constructed. Deposit rock on the layer being constructed and move the rock ahead so as to advance the layer with a mixture of rock fines and earth. G. Casting material directly into place with draglines, cableways, or other similar machines will not be permitted. H. Control embankment construction so that partially constructed embankments remain stable at all times. Replace portions that have become displaced due to carelessness or negligent work; no extra payment will be made for such embankment repair. I. For those portions of embankments immediately adjacent to structures or which are for other reasons inaccessible to compaction equipment in use, construct with only suitable material in successive parallel layers of not more than 6 inches thickness, loose measurement. Uniformly mix each layer and compact to the requirement of the specific item by the use of mechanical equipment. Hand tamping will not be permitted. J. Construct embankments in sections of not less than 200 feet in length, or the full length of the embankment if less than 200 feet. City of Fayetteville 09/2/99 Page 02220-5 3.6 COMPACTION REQUIREMENTS , A. Accomplish compaction by any satisfactory method or methods that will achieve the ' specified density. B. Maintain compaction equipment, tools, and machinery in good operating condition. C. Compact each layer of embankment to 95 percent of maximum density at optimum moisture content per AASHTO T 99, Method A with correction for coarse particles retained on the #4 sieve not to exceed 10 percent by weight as determined by AASHTO T 224. If 11-30 percent is retained on the #4 sieve, compact to 95 percent of maximum density at optimum moisture content per AASHTO T 99, Method C using Note 7. Specified density of 90 percent with the same previous conditions is required immediately next to wingwalls and similar structures. D. During compaction, maintain moisture content substantially at optimum throughout each ' layer. Maintain moisture content by adding and thoroughly mixing water or by aeration or other drying methods, as necessary. E. Maintain specified density of embankment layer prior to placing a subsequent layer. F. Construct embankment to grade over the full width in uniform layers parallel to the finished surface. G. Density requirements will not apply to portions of embankment constructed of material so ' rocky that it cannot be satisfactorily tested as specified. In such cases, determine extent of compaction effort by rolling based upon the amount of breakage and consolidation that can be accomplished. This can only be done with the direction of the Engineer. H. Roadbed Compaction 1. Excavate or fill to subgrade lines and grades indicated on the Drawings. 2. Loosen top 6 inches within full width of roadbed. ' 3. Adjust moisture content to bring substantially to optimum. 4. Compact as specified for embankment. 5. Reshape section as part of compaction effort to conform to typical section. 3.7 TRENCH EXCAVATION A. General • 1. Notify property residents 48 hours prior to beginning excavation on property. 2. Protect trees unless designated by Owner or Engineer for removal. • a. Erect protective barricade around trees as approved by Engineer. b. Minimize pedestrian and vehicular traffic over root zone of trees to be saved. c. Use clear distance to tree equal to 1 foot for each 2 inches of tree diameter, measured 4 feet above highest ground surface at base of tree, or 2 feet, whichever is greater. I City of Fayetteville 09/2/99 Page 02220-6 i 3. After tree protection barricades are installed, cut and remove unprotected natural growth from planned location of trench. Dispose of cleared material in compliance with applicable laws and regulations. 4. Where the existing ground cover contains grasses such as Bermuda, Zoysia, or other grasses not included in the prescribed seed mixture: cut, remove, and stockpile existing sod on the job site. After backfill of trench has settled, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, provide and install new ground cover of the existing type. 5. Excavate with caution so that location of underground conduits and structures can be determined and protected. 6. Excavate every type of material encountered to the lines and elevations necessary to complete the project. 7. Relocate surface water before excavating and protect excavated trench from entrance of surface water. 8. Provide and install bracing and shoring necessary for safety of personnel, protection of work, and compliance with government agencies. B. Utilities 1. Call "ARKANSAS ONE CALL" at 1-800-482-8998 two working days before starting excavation. 2. The location and/or elevation of existing utilities as shown on the Drawings is based on records of the various utility companies and, where possible, measurements taken in the field. The information is not to be relied upon as being exact or complete. Call each utility owner at least 48 hours before any excavation to request exact field location of utilities. ■ 3. Protect utilities encountered during excavation. 4. Do not interrupt service in utilities encountered during excavation without approval of utility owner. 5. If utilities are damaged or utility service is interrupted by work under this section, utility owner has the first right to repair. If public health or safety is at risk, take appropriate prudent action to repair damage and service interruption. Costs of utility protection and repair shall be at no additional cost to Owner. I. 6. If existing utilities are found to interfere with the permanent facility being constructed, notify Engineer for resolution. 7. Do not proceed with permanent relocation of encountered utilities without written instructions from Engineer. C. Trendy Depth Ii. Excavate to the elevation necessary to provide the depth of bedding material under the barrel of the pipe, noted on the Drawings or in these specifications. 2. Backfill over -excavation up to 2 feet with bedding material in 6 inch layers, and tamp Ito achieve a bearing capacity equal to the adjacent undisturbed earth. Over - excavation greater than 2 feet will require excavation operations to stop until an engineered backfill is determined. City of Fayetteville 09/2/99 Page 02220-7 D. Trench Width: Excavate to a width ample to permit pipe jointing, bedding placement, and compaction as specified. Specified width dimensions must be maintained from trench bottom to an elevation 12 inches above barrel of pipe. E. Trench Length: Excavate to amaximum distance of 75 feet from thepipe jointing operation. Longer distances will be considered by Engineer when conditions warrant. F. When rock is encountered, excavate to an elevation 9 inches below the pipe installation depth. G. Excavation In Unstable Soil: Where the planned bottom of trench is found to be unstable, in the judgement ofEngineer, excavation shall stop until an engineered subgrade stabilization is determined. In general, excavation depth shall increase a minimum of 12 inches. H. Excavation In Wet Conditions 1 1. Where the planned bottom of trench contains water or the trench bottom is soft from excess water, excavation depth shall increase a minimum of 6 inches. 2. Remove water to an elevation below bottom edge of pipe joint or structure base. 3. Trench dewatering system shall discharge to natural drainage channel or storm sewer. Obtain permit for this discharge if required. L Excavation At Unforseen Structure 1. Preserve unforseen structures encountered in excavation. 2. Advise Engineer when unforseen structure interferes with planned work. Engineer will determine if plan will change or if structure will be abandoned and removed. J. Unauthorized Excavation 1. Unauthorized excavation is removal of materials beyond specified elevations or dimensions, undertaken by Contractor without prior authorization by Engineer. 2. Unauthorized excavation and the hauling and placement of any fill material to create proper trench conditions will not result in extra payments to Contractor. K. Unsuitable and Excess Excavated Material: Dispose of excavated material not suitable for backfill and excess excavated material in compliance with applicable laws and regulations. L. Piping in embankment areas shall not be installed on top of the ground and then backfilled around the pipe. Instead, construct embankment to a minimum of 12 inches above the top of the pipe, and then a trench excavated in the compacted embankment. I I City of Fayetteville 09/2/99 Page 02220-8 1 3.8 TRENCH BACKFILLING AND COMPACTION A. Backfilling shall closely follow pipe laying and shall be to within 5 feet of the end of the last pipe at the end of workday. B. Backfill around the pipe (pipe embedment) is specified section 02600. C. Backfill where ground surface is not graveled or paved for vehicle or pedestrian use. 1. Initial backfill, for the 2 foot distance above pipe embedment shall be free of rock, organic material, man made debris, or frozen lumps with a dimension greater than 3 inches measured in any direction. 2. Backfill for the remainder of trench shall be free of rock, organic material, or man made debris with a maximum dimension of 6 inches measured in any direction. 3. Backfill above pipe embedment shall be mechanically compacted to a density at least equal to adjacent ground. Backfill trench settlement until Engineer determines additional backfill is not required. D. Where ground surface is graveled for vehicle use or paved for pedestrian use only, backfill shall be as specified in Paragraph 3.6.C except that all backfill above pipe embedment shall be placed in 8 inch layers loose measurement and compacted to 90 percent of standard proctor density. E. Where ground surface is paved for vehicle use, provide aggregate base course material as indicated on the Drawings, as approved by Engineer, above pipe embedment in 8 inch layers loose measurement and compact as specified in Paragraph 3.6.C. F. Backfill unstable trench bottom with AHTD Class 7 crushed aggregate, compacted to 95 percent of maximum proctor density, to bottom elevation of pipe embedment. G. Backfill wet condition trench bottom with crushed coarse aggregate that is typically used for concrete rock. It shall be reasonably well graded from coarse to fine and shall conform to the following grading requirements when tested in accordance with AASHTO T 27: Sieve Percent Passing 1-1/4" 100 3/4" 35-75 3/8" 10-30 #4 0-5 3.9 FIELD QUALITY CONTROL A. Take in place density measurements as required to assure that compaction efforts are achieving the specified density. Determine in -place density by AASHTO T 191 or T 238. City of Fayetteville 09/2/99 Page 02220-9 3.10 ADJUSTING A. Make adjustments to finished grade to leave the right-of-way and grading easements in a neat and presentable condition at the completion of the grading work. 3.11 STRUCTURAL or SUBGRADE FILL (Select Fill Material) A. Native or imported material free from roots, organic matter, trash, debris, with maximum particle size of 4 inches after compaction. No warranty, expressed or implied, is made concerning the availability of sufficient quantities of satisfactory subgrade fill from the excavations made. Therefore, the Contractor shall provide imported material of acceptable quality, if required, to accomplish the construction. Acquiring, transporting, and placement of acceptable imported material shall be the responsible of the Contractor and shall be paid under the appropriate pay item. A minimum of twelve inches of select material (GC) shall be provided under the pavement. This material shall be what is meeting GC classification with a plastic index less than 30. All structure and subgrade fill shall be provided and compacted as required by these specifications. B. The .pay item for this select material is Compacted Embankment Subgrade Fill (Select Hillside Material). End of Section 02220 City of Fayetteville 09/2/99 Page 02220-10 C Section 02261 6100D2N �Co7t7:V1113►1 Part 1- GENERAL I1.1 SCOPE • A. This section includes restoration of areas disturbed by this project. "Disturbed by this project" • is defined as the excavation area plus any area in project vicinity disturbed by Contractor's operations, including operations of Subcontractors and suppliers, and utility owner operations necessary to complete this project. B. Work areas shall be kept clean and neat as practicable. Lawns, gardens, and vehicle and ' pedestrian crossings shall have excess quantities of supplies, excavated material, man made debris, and organic matter removed from the area immediately following construction. ' C. All property improvements shall be restored in kind or as nearly as practicable as determined by Engineer. ' 1.2 RELATED WORK Trenching, Backfilling and Compacting is specified in Section 02220. 1.3 QUALITY ASSURANCE Adequate equipment and qualified personnel shall be applied to this phase of the work from the very beginning of the project. Part 2- PRODUCTS 3.1 TOPSOIL ' A. Topsoil shall be placed on disturbed areas equal to the better material on each side of the disturbed area. ' 3.2 FERTILIZER I I 1. A. Fertilizer shall be 10-20-10 (nitrogen -phosphorous -potash) delivered to the site in labeled containers conforming to Arkansas fertilizer laws and bearing the name and warranty of the producer. City of Fayetteville 07/14/99 Page 02261-1 3.3 SEED A. Seed mixture per Class of Restoration 1. Class 1 Restoration seed mixture shall be 40 percent Lawn Fescue, 30 percent Rye Grass (annual), and 30 percent Blue Grass. 2. Class 2 Restoration seed mixture shall be 40 percent Field Fescue, 40 percent Rye Grass (annual), and 20 percent White Clover (common). 3. Class 3 Restoration seed mixture shall be 40 percent Tall Fescue (Kentucky 31), 40 percent Rye Grass (annual), and 20 percent White Clover (common). B. Seed shall be labeled according to current requirements of the Arkansas State Plant Board. C. Seed shall be 95 percent pure and 85 percent germination by weight. 50 noxious weed seeds shall be the maximum amount allowed per pound. The following types of seed are not allowed in any amount: Johnson grass, wild onion, wild garlic, field bindweed, or nut grass. D. Fescue seed shall be certified endophyte free. 3.4 SOD A. Sod shall consist of a densely rooted growth of Bermuda grass, Zoysia, etc. and shall be substantially free from noxious weeds and undesirable grasses. The sod shall be cut in uniform strips with a minimum of 2 inches of root depth approximately 12 inches in width and not less than 12 inches in length but not longer than can be conveniently handled and transported. B. Sod for replacement of disturbed sodded areas shall be approved by Engineer before cutting. fclf. MI"71`.'/514KOH6 A. Straw mulch shall be good grade clean straw, free of weeds or seed, and of a quality approved by Engineer prior to use. 3.6 WATER I A.. Water shall be of irrigation quality, free of impurities which are detrimental to plant growth. 1 I I City of Fayetteville 07/14/99 Page 02261-2 Part 3- EXECUTION 3.1 RESTORATION WHERE GROUND SURFACE IS NOT GRAVELED OR PAVED FOR VEHICLE OR PEDESTRIAN USE. A. Class I Restoration - Areas of construction within lawns, gardens, or other well -kept areas, including street rights -of -way that are kept as lawns by adjacent landowners. 1. After trench settlement is complete, replace topsoil to same depth as adjacent undisturbed areas. 2. Trim and remove all damaged limbs on trees, trim limbs of shrubs or, if necessary, cut damaged shrub just below ground surface. 3. Hand rake disturbed area to remove all rocks %2 inch or larger measured in any direction, all man made debris, and all organic material. Debris and excess material shall be disposed of in a manner approved by the Engineer and applicable government regulations. 4. After raked area is accepted by Engineer for seeding, a. apply 250 pounds of fertilizer per acre. b. apply 0.50 pounds of seed per 100 square feet. c. apply 4,000 pounds of mulch per acre. 5. Apply straw mulch using a non -asphalt tackifier. Apply tackifier to straw in sufficient quantity to bind mulch together. Top spraying of straw with asphalt is not acceptable. I J Li I I, 6. As an alternate method of seeding, seed may be applied by hydro mulching. The seed shall be mixed with water and wood cellulose fiber. The wood cellulose fiber shall be composed of natural wood chips and shall contain no growth or germination inhibiting factors and shall contain a water soluble, nontoxic coloring agent. Other alternate methods will be considered by Engineer but shall not be utilized until expressly authorized by Owner and Engineer. 7. Where ground cover adjacent to disturbed areas contains grasses such as Bermuda grass, Zoysia, or other grasses not included in the prescribed seed mixture, Contractor shall remove and stockpile the existing sod on the job site. After trench settlement is complete, the sod shall be replaced to a condition equal to, or better than, that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and installing new ground cover of the existing type. City of Fayetteville 07/14/99 Page 02261-3 B. Class 2 Restoration - Areas of construction within fields, meadows, and street rights -of -way which are mowed or cultivated (gardens excepted). 1. Tree and shrub treatment shall be as specified in Section 3.1.A.2. ai I 2. After trench settlement is complete, machine rake to remove rock, man made debris, and organic material to a condition equal to existing surface on the better side of the adjacent property. 3. Remove all excess excavated material from the site, including excess material which ' has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual trench excavation. 4. After raked area is accepted by Engineer for seeding, a. apply 250 pounds of fertilizer per acre. b. apply 0.15 pounds of seed per 100 square feet. c. apply 4,000 pounds of mulch per acre. 5. Mulching and seeding methods shall be as specified in Section 3.1 .A. 6. Where existing field grass adjacent to disturbed areas contains grasses such as Bermuda, etc. grasses not included in the prescribed seed mixture, Contractor shall place such topsoil as required and seed with the existing type grass so that an equivalent ground cover will be provided. C. Class 3 Restoration - Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it is not practical for the area to be cultivated. 1: Tree and shrub treatment shall be as specified in Section 3.1.A.2. 2. Site raking shall be as specified in Section 3.1.B.2. 3. Seeding shall be as specified in Section 3.1.B.3. 4. Mulching and seeding methods shall be as specified in Section 3.1.A. 3.2 RESTORATION WHERE GROUND SURFACE IS GRAVELED FOR VEHICLE USE OR , PAVED FOR PEDESTRIAN USE ONLY. A. Restoration shall be per cross sections on the Detail Sheet in the plans. City of Fayetteville 07/14/99 1 1 1 Page 02261-4 3.3 RESTORATION OF SLOPES A. Terrace slopes where, in the opinion of Engineer, erosion problems may arise after construction. 3.4 RESTORATION BY SODDING A. Area to be sodded 1. Place 3 inches of topsoil before installing sod. 2. Apply 250 pounds of fertilizer per acre and work into top 1 inch of topsoil. 3. Make surface of top soil moist and firm (not compacted) at the time sod is placed. B. Sod 1. Moisten sod before placing. 2. Lay by hand along contour lines beginning at lowest elevation. 3. Stagger transverse joints. 4. Make tight joints between sod pieces. 5. Cut sod into existing surface and backfill with topsoil to provide a smooth transition from sodded areas to non -sodded areas. 6. Apply thin layer of topsoil over sod and overseed with 45 pounds of annual rye grass per acre. C. Maintenance of Sod 1. Water overseeded areas as directed by Engineer. 2. Apply water to sod for 3 weeks as directed by Engineer. City of Fayetteville 07/14/99 Page 02261-5 H 3.5 RESTORATION WHERE GROUND SURFACE IS HARD SURFACED FOR VEHICLE OR ' PEDESTRIAN USE. A. Pavement: Restore damaged pavement sections to existing joints or a sawed joint. B. Asphalt Surfaces 1 1. Asphaltic Pavement Repair. After the trench has been backfilled and compacted, as specified elsewhere in these Specifications or backfilled with flowable fill, permanent repair shall be made as follows. The existing pavement shall be saw -cut and removed to a point 18 inches beyond the trench edge, or as directed by the Engineer, and brought to grade a minimum of 11 inches below the surface of the existing pavement. I This area shall then be resurfaced by applying 9 inches of concrete with 6"x 6"/6-6 W.W.M. and then applying asphaltic tack coat at the rate of 0.03-0.10 gallons/square yard, followed by a minimum of2 inches ofhot-mixed, hot -laid asphaltic concrete laid to an elevation matching the existing finished grade. The hot -mixed, hot -laid asphaltic concrete shall be compacted to 92 percent of theoretical density. 2. One nuclear density test per asphaltic patch or repair shall be performed. 3. Any unacceptable patch or repair shall be recompacted and retested without additional , expense to Owner. C. Concrete 1. Concrete is specified in Section 03316. I 2. Flowable fill is specified in Section 03316. D. Stone Base 1 1. Crushed stone base shall be AHTD Class 7 compacted in 8 inch lifts to 95 percent modified proctor density. E. Traffic Maintenance 1. Carry on the work in a manner which will cause the least interruption to traffic. If allowed by Owner, close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, provide suitable bridges at street intersections and driveways. 2. When allowed to temporarily close street from Owner, post suitable signs indicating that a street is temporarily closed and necessary detour signs for a proper maintenance ' of traffic. Receive permission from the proper authority to temporarily close the street and notify all emergency agencies of the temporary closing. City of Fayetteville 07/14/99 Page 02261-6 3. Provide adequate personnel to direct traffic when working in the street right-of-way. 4. Traffic control devices and methods shall be in strict accordance with the latest issue of the Manual of Uniform Traffic Control Devices. 5. Provide three days written notice to the Mayor's office, the Fire Department, and the Police Department prior to closing or partially closing any street. Closing of State Highway requires approval of the City and the Highway Department. End of Section 02261 City of Fayetteville 07/14/99 Page 02261-7 I I I I SECTION 02270 SLOPE PROTECTION AND EROSION CONTROL Part 1- GENERAL 1.1 SECTION INCLUDES IA. Temporary erosion control systems. IB. Slope Protection Systems. 1.2 RELATED SECTIONS IA. Section 02100 - Site Preparation IB. Section 02220 - Excavation and Compaction I C. Section 02900 - Landscaping 1.3 ENVIRONMENTAL REQUIREMENTS IA. Protect adjacent properties and water resources from erosion and sediment damage throughout from the beginning of the work until final acceptance. Part 2- PRODUCTS 2.1 MATERIALS IA. Quick germinating and growing grasses such as wheat, rye, oats, barley, brown top millet, or sudan grass, meeting the requirements of the Arkansas State Plant Board. I I I B. Fertilizer is specified in Section 02900. C. Straw bales shall consist of bales of rice, oats, barley, wheat, or rye straw, or of available grasses, free of an excessive amount ofnoxious weeds. Bales shall each weigh approximately 35 pounds. Straw in an. advanced state of decomposition will not be acceptable. D. Fencing for siltation control shall be filter fabric supported by posts and woven wire. The Drawings denote two types of silt fence with this type of application. They are Silt Fence (E- 3) and Buried Edge Silt Fence (E-4) using Type 4 fabric. Fencing for siltation Silt Fence on R/W Fence (E-5) shall have Type 3 fabric with fasteners similar to the E-3 and E-4 fence. Type 3 Filter fabric shall be a permeable woven fabric that has high strength, high City of Fayetteville 07/14/99 02270-1 I dimensional stability even when wet, good soil filtration characteristics, and high resistance to tear propagation in all direction meeting or exceeding the characteristics of Type 3. This fabric shall be listed on the AHTD qualified products list. Type 4 Filter fabric shall be a permeable woven fabric that has high strength, high dimensional stability even when wet, good soil filtration characteristics, and high resistance to tear propagation in all directions with the following characteristics: Property Test Method Min Avg Roll Values Grab Tensile Strength ASTM D 4632 120 x 100 lbs. Grab Elongation ASTM D 4632 10% Mullen Burst Strength ASTM D 3786 300 psi Puncture Strength ASTM D 4833 60 lbs. Trapezoidal Tear Strength ASTM D 4533 60 lbs. Apparent Opening Size ASTM D 4651 20 Permittivity ASTM D 4491 0.2 sec -1 Flow Rate ASTM D 4491 20.0 gpm/sq ft UV Resistance ASTM D 4355 70% Strength Retained The fabric shall be approved by the Engineer. He or she may allow fabric that has some similar but not the exact same characteristics as the above. Any Type 3 fabric shall be on the AHTD qualified products list. Temporary wire fence shall be commercial woven wire with sufficient strength to provide the service intended. This wire shall be 32" wide galvanized commercial woven wire having 8 line wires. Top and bottom wires shall be 0.135 in size with an average breaking strength of 75,000 psi and the middle wires shall be 0.099 in size with an average breaking strength of 74,000 psi. The wire shall be accordance with .ASTM A 116-88 for Commercial Woven Wire. The fence shall be approved by the Engineer. Posts for temporary wire fence shall be steel material of sufficient strength to support the wire fence and fabric when loaded with silt for the time the barrier is needed for service. They shall be a minimum of 5 feet long with a minimum wight of 1.33 lb per foot with the steel fence posts produced in accordance with ASTM A 702-89. Posts shall be approved by the Engineer. Type of fastener and manner of attaching wire fencing to posts and fabric to wire fence shall be approved by Engineer. E. Silt fence used for Drop Inlet Silt Fence (E-6) shall be a orange Type 3 meeting the specifications of a Belton Industries Style 810, or approved equal. F. Erosion control matting, if required, shall be Curlex blankets by American Excelsior Company or approved equal. Slopes in excess of 3:1 shall have erosion matting. City of Fayetteville 07/14/99 02270-2 I ' G. Bale stakes for each bale shall be a minimum of 4 feet in length and shall be either two #4 rebars, two steel pickets or two 2x2 inch hardwood stakes driven 1'-6" to 2'-0" into ground. H. Temporary mulches such as loose hay, straw, netting, wood cellulose or agricultural silage. J. Fence stakes shall be metal stakes a minimum of 5 feet in length. PART 3- EXECUTION 3.1 GENERAL. A. Obtain an NPDES permit for the construction site from ADEQ. Prepare a Storm Water Pollution Prevention Plan, complete with a description of best management practices to be 'followed, and submit to Engineer. ' B. The Drawings may indicate approximate locations for erosion control devices such as straw bales and erosion control fencing. If so indicated, these should be considered minimum requirements at approximate locations. Provide erosion control measures required to control 1 erosion and siltation based on site conditions encountered and the nature of the construction. The erosion control plan and implementation shall be the responsibility of the Contractor. 13.2 PREPARATION A. Review site erosion control plans. IB. Deficiencies or changes in the erosion control plan as it is applied to current conditions will be brought to the attention Engineer for remedial action. ' 3.3 EROSION CONTROL AND SLOPE PROTECTION IMPLEMENTATION ' A. Place erosion control systems at all locations necessary to control work area from erosion during construction. B. Owner may limit the surface area of erodible earth material exposed by clearing and grubbing, excavation, borrow and embankment operations and direct that permanent or temporary pollution control measures be provided immediately. Incorporate all permanent erosion control features into the project at the earliest practical time to minimize the need for temporary controls. Permanently seed and mulch cut slopes as the excavation proceeds to the extent considered desirable and practical. C. Temporary erosion control systems shall be maintained to control siltation at all times during construction operations. Failure to maintain erosion control systems in satisfactory condition may result in a deduction from pay requests. ' D. Respond to any maintenance or additional work ordered by Owner within a 48 hour period. City of Fayetteville 07/14/99 02270-3 E. Any additional material and work required and authorized by Owner which is beyond the extent of the adopted erosion control plan and is not covered by unit prices shall be considered a modification to the Contract Documents. F. Slopes that erode easily shall be temporary seeded as the work progresses with a wheat, rye or oats application. I G. E-3 and E-4 Silt Fence shall have fence posts placed at six foot centers with a minimum embedment of two feet. The woven wire support shall be attached to the upstream side of the fence posts using manufacturer recommended clips with a minimum of three clips per post, evenly spaced. Attach the synthetic filter fabric to the upstream face of the wire support backing using manufacturer recommended pig rings placed on two foot 1 centers in three evenly spaced horizontal rows. The bottom twelve inches of the Synthetic Filter Fabric shall be embedded in a six by six inch trench at the toe of the fence. End of Section 02270 ' City of Fayetteville 07/14/99 I I I I 02270-4 i Section 02600 PIPE LAYING Part 1 - GENERAL 1.1 SECTION INCLUDES A. Installation of water, wastewater, and storm sewer pipe and appurtenances. 1.2 RELATED WORK A. Trenching, Backfilling and Compacting is specified in Section 02221. B. Reinforced concrete pipe and fittings are specified in Section 02720. C. Corrugated metal pipe and fittings are specified in Section 02720. D. Perforated plastic tubing is specified in Section 02720. E. Testing of installed pipe is specified in Section 02720. F. Concrete is specified in Section 03316. G.. Ductile iron pipe and fittings are specified in Section 02615. H. Plastic pipe and fittings are specified in Section 02622. 1.3 REFERENCES A. AASHTO 1. T 99, "Standard Method of Test for the Moisture -Density Relations of Soils Using a 5.5 -lb. Rammer and a 12 -in. Drop". 2. T 180, "Standard Method of Test for the Moisture -Density Relations of Soils Using a 10 -lb. Rammer and a 18 -in. Drop". B. AHTD Standard Specifications for Highway Construction 1. Section 303, "Aggregate Base Course". C. ASTM 1. D 448, "Standard Classification for Sizes of Aggregate for Road and Bridge Construction". 2. D 2774, "Recommended Practice for Underground Installation of Thermoplastic Pressure Piping". 3. D 2922, "Standard Test Methods for Density of Soil and Soil -Aggregate in Place by City of Fayetteville 07/14/99 Page 02600-1 I Nuclear Methods (Shallow Depth), ' 1.4 QUALITY ASSURANCE ' A. Provide skilled workers to insure proper handling, jointing, and embedment of pipe. B. Methods of Testing , 1. Moisture density relations of material shall be determined in the laboratory in ' accordance with AASHTO T 99 or T 180, as specified. 2. Field density of backfill shall be determined in accordance with ASTM D 2922. Part 2- MATERIALS 2.1 BEDDING MATERIALS 1 Bedding materials, used for bedding, haunching, and initial backfill in the locations indicated on the Drawings, shall conform to one of the following materials. A. Grit: a local designation for a crushed stone material, available from quarries in northwest Arkansas, and is specified by City of Fayetteville for use in pipe embedment (bedding, haunching, and initial backfill) where groundwater is not encountered. Approximate gradation of grit is: 100 percent passing a 3/8th sieve, and 0 to 10 percent passing a No. 200 sieve. This material is to be used for water line, sewer line, and any storm sewer installation designated N/P-1 orP-1. B. Natural pea gravel may be used as an alternative for grit, subject to approval of Engineer. C. Sand: well graded natural sand, free of gravel, angular pieces, organic matter, and other deleterious substances may be substituted for grit, subject to approval of Engineer.. D. Class 7 or Class 8 Base material per AHTD, Section 303, Table 303-1 as an alternative for grit, subject to approval of Engineer. E. Materials meeting either ASTM D 448 Size No 67 or ASTM D 2774 as an alternative to grit, subject to approval of Engineer. F. Concrete rock for storm sewer installation meeting the gradation requirements of Section 802.02 Materials (c) Coarse. Aggregate. This material is to be used when groundwater is encountered. The storm sewer installation will be designated N/P-2 or P-2. Part 3- EXECUTION 3.1 GENERAL City of Fayetteville 07/14/99 Page 02600-2 1 ' A. Examine pipe and appurtenances for compliance with specifications. ' B. Reject pipe and appurtenances not in compliance with specifications. C. Remove foreign matter from pipe and appurtenances before lowering into excavated area. 3.2 PIPE HANDLING ' A. Pipe shall be off loaded at site as close to location of installation as possible, subject to constraints oftraffic control and availability of land for construction. Pipe shall not be dropped from carrier deck. Stack pipe according to manufacturer's recommendations. B. Lower pipe into trench after placement of bedding using slings and mechanical equipment. Workers shall be present in trench, in accordance with safety practices, to direct pipe into 'place. 1 3.3 PIPE BEDDING, HAUNCHING, AND INITIAL BACKFILLING A. For PVC pipe and fittings, and corrugated metal pipe, place 6 inches minimum of grit between ' excavated trench bottom or stabilized trench bottom and bottom of pipe or fitting as bedding. Provide a minimum of 6 inches of grit or acceptable material all around pipe. Provide depression in bedding for joints so that barrel of pipe or fitting rests on grit. ' B. For ductile -iron pipe and appurtenances, place 6 inches minimum of grit between excavated trench bottom or stabilized trench bottom and bottom of pipe or appurtenance as bedding. Provide depression in grit for joints so that barrel of pipe or fitting rests on grit. C. Place grit in 6 inch maximum layers, compacted to 85 percent of maximum proctor density to spring line of pipe as haunching, and to top of pipe as initial select backfill, ensuring that grit is placed against haunch area of pipe. D. For reinforced concrete pipe designated as storm sewer installation N/P-1 or P-1 and appurtenances, place 4 inches of grit between the excavated trench bottom or stabilized trench bottom and bottom of pipe or appurtenance as bedding. Provide depression in grit for joints so that barrel of pipe or appurtenance rests on grit. No haunching is required for reinforced concrete pipe. Initial backfill shall be job excavated select material. E. For reinforced concrete pipe designated as storm sewer installation N/P-2 or P-2 and appurtenances, place a minimum of 4 inches of concrete coarse aggregate between the excavated trench bottom or stabilized trench bottom and bottom of pipe or. appurtenance as bedding. Initial backfill shall be this coarse aggregate to a minimum of eighteen inches above the four inch diameter underdrain pipe. This underdrain pipe shall be laid at the flow line elevation of the concrete pipe and capped at the upstream end. The downstream end shall terminate into the drainage structure. 1 City of Fayetteville 07/14/99 Page 02600-3 I 3.4 JOINTING 1 A. Place pipe and appurtenance to planned line and elevation. 1 1. "Place sewer pipe from low end to high end with pipe bells facing upstream. 2. Place potable water pipe with bells facing the direction of laying. ' 3. Cover open end of laid pipe whenever pipe laying is interrupted to prevent rodents and debris from entering pipe. B. Prepare pipe before jointing operations in accordance with manufacturer's recommendations. 1 Place gasket in location marked. C. Shove pipe home into joint -using mechanical equipment- as recommended by manufacturer. 1 Pipe barrel shall be inserted into joint to appropriate mark, if available on pipe. 3.5 BACKFILLING A. Pipe Covering 1. Place minimum 12 inch of grit over top of PVC pipe and fittings. • 2. Place minimum 6 inch of grit over top of iron pipe and fittings. 3. Place job excavated select material from bedding of reinforced concrete pipe and compact to 90 percent of standard proctor density when groundwater is not encountered. , 4. When groundwater is encountered in storm sewer pipe construction, place concrete • rock for a minimum of 18 inches above the underdrain pipe as initial backfill. B. See Section 02220 for remainder of backfill. 1 C. Existing Utility Crossings: Expose utilities located between two manholes 24 hours minimum before the downstream manhole is constructed. Wherever possible sewer will be adjusted to provide necessaryclearance. 3.6 THRUST BLOCKING A. Construct thrust blocking at all pipe fittings, including bends and reducers, as indicated on the I Drawings. B. Concrete for thrust blocking is specified in section 03316 1 C. Construct thrust blocking between pipe and undisturbed earth. If trench conditions do not exist, either extend thrust blocking or backfill over excavation and dig new trench to obtain trench conditions. 1 End of Section 02600 City of Fayetteville 07/14/99 Page 02600-4 Section 02615 IRON PIPE AND FITTINGS Part 1 - GENERAL 1.1 SCOPE A. This section covers ductile iron pipe and fittings for potable water and wastewater systems. 1.2 RELATED WORK A. Pipe Laying is specified in Section 02600. B. Potable water systems are specified in Section 02675. C. Valves are specified in Section 02641. D. Plastic Pipe is specified in Section 02622. 1.3 REFERENCES A. AWWA 1. C104, "American National Standard for Cement -Mortar Lining for Ductile -Iron Pipe and Fittings for Water". 2. C 110, "American National Standard for Ductile -Iron and Gray -Iron Fittings, 3 In. Through 48 In., for Water and Other Liquids". 3. C 111, "American National Standard for Rubber Gasket Joints for Ductile Iron and Gray -Iron Pressure Pipe and Fittings" 4. C151, "American National Standard for Ductile Iron Pipe, Centrifugally Cast in Metal Molds or Sand -Lined Molds, for Water or Other Liquids" 5. C 153, "American National Standard for Ductile -Iron Compact Fittings, 3 In. Through 24 In., for Water Service". B. ASTM 1. D 1248, "Standard Specification for Polyethylene Plastics Molding and Extrusion Materials" 1.4 QUALITY ASSURANCE A. No field testing of pipe, except pressure testing of completed systems will be required unless evidence develops that material is not as specified or as certified by manufacturer. B. Affidavits of Compliance and Independent Laboratory Inspection City of Fayetteville 02/28/00 Page 02615-1 I I I 11 I L Ductile iron pipe and ductile iron pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. 2. If evidence appears that all provisions of the applicable ASTM/AWWA Standards have not been complied with after the pipe has been delivered, Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, Owner will not be responsible for delays. The independent laboratory may be chosen by Owner or the manufacturer, as directed by Engineer, and shall be approved by Engineer. C. Joint lubricant containers must be labeled with manufacturer's name and must be labeled as pipe joint lubricant. 1.5 DELIVERY STORAGE AND HANDLING A. Comply with pertinent provisions of Section 01620. B. Protect polyethylene encasement from prolonged exposure to sunlight. Part 2- MATERIALS 2.1 PIPE AND FITTINGS A. Ductile Iron Pipe and Ductile Iron Pipe Fittings With Mechanical Type Joints. Unless otherwise specified or shown on the Drawings or specified, pipe and fittings furnished on this project shall be ductile iron; pipe and fittings shall have mechanical joints. 1. Ductile iron pipe furnished with either push -on or mechanical type joints shall conform to the requirements of AWWA C151, latest revision, and shall be Pressure 'Class Pressure Class 350 unless otherwise indicated on the Drawings. • 2. Ductile Iron Pipe Fittings: Fittings over 3 inches shall be ductile iron fittings and • shall conform to the requirements of ANSI/AWWA C153/A21.53. Fittings shall have a minimum pressure rating of 350 pounds per square inch and shall be lightweight (compact) fittings, unless otherwise indicated on the Drawings. 1 City of Fayetteville 02/28/00 Page 02615-2 I II I Ii II I I I I I [1 I I I 3. Ductile Iron Pipe Joints: Unless noted otherwise on the drawings, the ductile iron pipe and ductile iron fittings with mechanical or push -on type joints shall have rubber gasket joints in conformance with ANSI/AWWA C111/A21.11. 4. Restrained Joints: Restrained joint pipe and fittings shall be ductile iron pipe manufactured in accord with applicable sections of ANSI/AWWA Cl 51/A21.51 and AWWA/ANSI C110/A21.10. Restrained joint pipe shall be "TR Flex," as manufactured by U.S. Pipe, or approved equal. Restrained joint gaskets shall be "Field Lok Gaskets", as manufactured by U.S. Pipe, or approved equal. 5. Ductile Iron Pipe Joint Lubricant: Joint lubricant shall be provided by the pipe manufacturer, and applied as per the manufacturer's recommendations. 6. Tapping sleeves shall be designed for 200 psi and shall be JCM Type 432 for 6 -inch through 12 -inch lines and JCM Type 412 for 12 -inch lines and larger, or equal. Taping sleeves shall be vinyl coated. 2.2 LINING AND COATING A. Water Pipe: Ductile iron pipe and ductile iron fittings used for water systems shall have a standard thickness cement mortar lining in conformance with ANSI/AWWA C104/A21.4. B. Outside Coating: Ductile iron pipe shall have either a bituminous exterior coating, or shall be delivered to the site factory cleaned and primed as set out below. Factory Primed Pipe: Unless otherwise shown on the Drawings, all exposed pipe and fittings within the limits of structure walls or all pipe exposed above ground shall be delivered to the job site factory blasted, cleaned, and primed with one coat of Kop- Coat 240 Gold Primer, Kop-Coat 622 LCF Primer, or approved equal. 2. Bituminous Coating: Pipe and fittings indicated for buried service shall have a bituminous coating approximately I mil thick. The coating shall be factory applied to the outside of all pipe and fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. 2.3 DETECTABLE TAPE Shall be "Detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in.a protective inert jacket that is impervious to all known alkalis, acids, chemical reagents, and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2-1/2 pounds/1 inch x 1,000 feet. ICity of Fayetteville 02/28/00 Page 02615-3 The tape shall be color coded and imprinted with the message as follows: Color Code Safety Precaution Blue Safety Precaution Green STEEL ENCASEMENT PIPE Legend Caution, Buried Water Line Below Caution, Buried Sewer Line Below Steel encasement pipe shall be smooth, straight welded steel and comply with AWWA C102. For the 12 inch water main the encasement shall be 24 inch diameter with a minimum wall thickness of 0.250 inches. Spacers shall be "UNI-FLANGE" or approved equal. End seals shall be APS Model AC pull -on, or approved equal. Part 3 - EXECUTION GENERAL A. Pipe shall be laid in conformance with Section 02600. PIPE DETECTION TAPE A. Pipe detection tape shall be provided in all trenches for water and sewer line construction. Installation shall be per manufacturer's recommendations and shall be as close as practical to finished grade while maintaining a required minimum of 18 inches between the detection tape and the top of any pipe line. 3.3 ENCASEMENT PIPE A. The steel encasement pipe shall be placed by "Bore and Jack" or by open cut as indicated on the Drawings. End of Section 02615 City of Fayetteville 02/28/00 Page 02615-4 Section 02616 POLYETHYLENE ENCASEMENT Part 1- GENERAL 1.1 SCOPE A. This Section covers polyethylene encasement of iron pipe and fittings. B. Polyethylene encasement shall be provided on all ductile iron pipe, all fittings, all valves and all buried metal. 1.2 RELATED SECTIONS A. Iron Pipe is specified in Section 02615. B. Pipe Laying is specified in Section 02600. 1.3 REFERENCES A. AWWA C105, "American National Standard for Polyethylene Encasement of Ductile -Iron Pipe Systems". 1.4 QUALITY ASSURANCE Polyethylene encasement materials shall be products of a manufacturer experienced in producing encasement materials in compliance with the governing standard, and installed by workers experienced in this type of construction. 1.5 SUBMITTALS Submit manufacturer's data for polyethylene materials. Part 2- PRODUCTS 2.1 POLYETHYLENE A. Comply with ANSI/AWWA C105, latest revision. City of Fayetteville 07/14/99 Page 02616-1 B. Polyethylene film shall have a minimum nominal thickness of 0.008 inches (8 mils), and shall be provided in tube style only. Nominal Pine Dia. 4 6 8 12 16 24 Part 3- EXECUTION 3.1 POLYETHYLENE TUBE INSTALLATION Flat Tube (inches) 16 20 24 30 37 54 A. Assemble tube on pipe as specified in ANSI/AWWA C105. B. In dry trench conditions, tube may be assembled on pipe in trench. C. In wet trench conditions, tube must be assembled on pipe before lowering into trench. D. Seal any opening in tube with polyethylene compatible adhesive tape. E. Wrap odd -shaped iron appurtenances with a split length of polyethylene tube. 3.2 INSTALL POLYETHYLENE ENCASEMENT A. Use Method A or B as specified in ANSI/AWWA C105 for slip-on joints. B. Use Method A as specified in ANSI/AWWA C105 for bolted joints. End of Section 02616 City of Fayetteville 07/14/99 Page 02616-2 I SECTION 02620 ICEMENT -LINED DUCTILE IRON PIPE AND FITTINGS IPART 1. GENERAL ' 1.1 SUMMARY A. Provide cement -lined ductile iron pipe and gray cast iron or ductile iron fittings specified. ' B. Pipe and fittings shall be manufactured in the United States. Foreign made products shall be unacceptable. C. Service shall include gravity sewers and segments for the force main. 1.2 RELATED SECTIONS A. Section 02225 - Trench Excavation, Backfilling, and Compacting. B. Section 02730 - Sewage Collection System. ' C. Section 02731 - Sewage Force Main. ' 1.3 REFERENCES A. American National Standards Institute, 1430 Broadway, New York, New York 10018. 1. ANSI A21.11 - Standard for Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings. 2. ANSI A21.14 - Ductile Iron Fittings 3 in. Through 24 in., for Gas. 3. ANSI A21.15 - Standard for Flanged Ductile Iron Pipe with Threaded Flanges. 4. ANSI A21.4 - Standard for Cement -Mortar Lining for Ductile Iron Pipe and Fittings. ' 5. ANSI A21.50 - Standard for Polyethylene Encasement for Ductile Iron Pipe. 6. ANSI B16.1 - Standard for Cast Iron Pipe Flanges and Flanged Fittings. 7. ANSI B 16.21 - Nonmetallic Flat Gaskets for Pipe Flanges. B. American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103. 1. ASTM A307 - Specifications for Carbon Steel Externally Threaded Standard Fasteners. 2. ASTM A563 - Specification for Carbon and Alloy Steel Nuts. 3. ASTM D1248 - Specification for Polyethylene Plastic Molding and Extrusion Materials. I 02620-I LI C. American Water Works Association, 6666 West Quincy Avenue, Denver, Colorado 80235. 1. AWWA C153 - Ductile -Iron and Gray -Iron Fittings, 3 in. Through 48 in., for Water and Other Liquids. 2. AWWA C 111 - Rubber -Gasket Joints for Ductile -Iron and Gray -Iron Pressure Pipe and Fittings. 3. AWWA C115 - Standard for Flanged Ductile -Iron Pipe with Threaded Flanges. 4. AWWA C207 - Standard for Steel Pipe Flanges for Waterworks Service, Sizes 4 in. Through 144 in. I II I I PART 2. PRODUCTS 2.1 PIPE A. Buried Pipe: Class 350 and comply with applicable requirements of ANSI A21.50. Flanged pipe shall meet ANSI/AWWA C115/A21.15. B. Pipe shall be jointed with push -on mechanical, flanged, restrained, or flexible joints meeting applicable requirements of ANSI A21.11-72 and ANSI 21.15-75. C. Ductile iron pipe shall receive standard thickness cement lining and bituminous seal coat in conformance with ANSI 2.14-74. D. Ductile iron pipe shall be coated on the exterior with either coal tar or asphalt base material approximately I mil thick. I I 2.2 FITTINGS A. Gray or ductile iron, 250 psi pressure class, cement -lined and seal -coated. Where taps are shown on fittings, tapping bosses shall be provided. 1. Flanged Joint: ANSI/AWWA C153 and ANSI B16.1, faced and drilled 125 -pound ANSI standard. 2. Mechanical Joint: ANSI/AWWA C153 and ANSI/AWWA C111. B. Cement Linings: In accordance with. ANSI A21.4. C. Fittings shall receive an exterior coating of 1 mil thick bituminous material in accordance with ANSI A21.4. . D. Fittings shall have distinctly cast on them the manufacturer's identification, pressure rating, nominal diameter of openings, and the number of degrees or fraction of the circle on bends. I 02620-2 ' 2.3 2.4 2.5 2.6 2.7 FLANGES A. ANSI A21.15/AWWA C115, threaded, 250 psi working pressure, ANSI 125 -pound drilling. BOLTS A. For Class 125 FF flanges use carbon steel, ASTM A307, Grade A hex head bolts and ASTM A563, Grade A hex head nuts. B. For Class 250 RF flanges use carbon steel, ASTM A307, Grade B hex head bolts and ASTM A563, Grade A heavy hex head nuts. C. For mechanical joint use manufacturer's standard. POLYETHYLENE ENCASEMENT A. Encase piping with polyethylene film in tube or sheet form. B. Polyethylene Film: Manufactured of virgin polyethylene material conforming to the following requirements of ASTM Standard Specification D-1248-78, Polyethylene Plastics Molding and Extrusion Materials: 1. Minimum thickness: 0.008 inch (8 mil). The minus tolerance on thickness shall not exceed 10 percent of the nominal thickness. 2. Tube size or sheet width for each pipe diameter shall be as listed in the DIPRA Handbook, latest edition. GASKETS A. Gaskets for mechanical joints shall be rubber, conforming to ANSI A21.11, AWWA C111. B. Gaskets for flanged joints shall be 1/8 -inch thick, cloth -inserted rubber conforming to applicable parts of ANSI B16.21 and AWWA C207. C. Gasket Material: Free from corrosive alkali or acid ingredients and suitable for use in potable waterlines. D. Gaskets shall be full -face type for 125 -pound FF flanges. LUBRICANT A. Lubricant for push -on or mechanical joint end piping shall be manufacturer's standard. 02620-3 PART 3. 3.1 3.2 3.3 3.4 EXECUTION HANDLING PIPE A. Do not damage the cement lining when handling the pipe. RELATION TO WATER LINES A. Laying sewer main, follow Health Department requirements. Maintain 10 -foot horizontal separation and 18 -inch vertical separation in crossing water lines. CUTTING PIPE A. Cut pipe with milling type cutter, rolling pipe cutter, or abrasive saw cutter. Do not flame cut. DRESSING CUT ENDS A. Dress cut ends of pipe in accordance with the type of joint to be made. B. Dress cut ends of mechanical joint pipe to remove sharp edges or projections which may damage the rubber gasket. C. Dress cut ends of pipe for flexible couplings and flanged coupling adapters as recommended by the coupling or adapter manufacturer. 3.5 MECHANICAL JOINT A. Join pipe with mechanical joints in accordance with the manufacturer's i recommendations. Provide special tools and devices, special jacks, chokers, and similar items required for proper installation. Pipe manufacturer shall provide lubricant for the pipe gaskets, no substitutes shall be permitted. 3.6 FABRICATION OF FLANGED PIPE AND FITTINGS A. Flanged pipe and fittings shall be fabricated in the shop, not in the field, and delivered to the job site with flanges in place and properly faced. B. Threaded flanges shall be individually fitted and machine tightened on the threaded pipe by the manufacturer. ' C. Flanges shall be faced after fabrication in accordance with ANSI A21.15/AWWA C115. 02620-4 1 3.7 3.8 3.9 JOINTING FLANGED PIPE A. Prior to connecting flanged pipe, the faces of the flanges shall be thoroughly cleaned of oil, grease, and foreign material. B. The rubber gaskets shall be checked for proper fit and thoroughly cleaned. C. Care shall be taken to assure proper seating of the flanged gasket. D. Bolts shall be tightened so that the pressure on the gasket is uniform. E. Use torque -limiting wrenches shall be used to ensure uniform bearing insofar. F. If joints leak when the hydrostatic test is applied, the gaskets shall be removed and reset and bolts retightened. POLYETHYLENE ENCASEMENT A. Install in accordance with DIPRA Handbook, latest edition. TESTING A. Lines shall be hydrostatically or pneumatically tested. Test procedures shall be as specified in Section 02661. END OF SECTION 02620 - 5 Section 02622 PLASTIC PIPE AND FITTINGS Part 1 - GENERAL 1.1 SCOPE A. - This section covers polyvinyl chloride (PVC) pipe and fittings for potable water and wastewater systems. 1.2 RELATED WORK A. Wastewater systems are specified in Section 02722. B. Potable water services are specified in Section 02666. C. Potable water systems are specified in Section 02675. D. Ductile Iron Pipe and Fittings are specified in Section 02615. E. Pipelaying is specified in Section 02600. 1.3 REFERENCES IA. ASTM 1. D 1784, "Standard Specification for Rigid Poly(Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds" ' 2. D 2241, "Standard Specification for Poly(Vinyl Chloride) (PVC) Pressure -Rated Pipe (SDR-Series)" 3. D 3034, "Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings" 4. D 3139, "Standard Specification for Plastic Pressure Pipes Using Flexible Elastomeric Seals" ' 5. D 3212, "Standard Specification for Drain and Sewer Plastic Pipe using Flexible Elastomeric Seals" 6. F 477, "Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe" B. AWWA 1. C900, "Polyvinyl Chloride (PVC) Pressure Pipe, 4 In. Through 12 In., for Water Distribution". 2. C905, "Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters 14 In. Through 36 In." II City of Fayetteville 07/14/99 Page 02622-1 I I 1.4 SUBMITTALS Submit manufacturer's data for pipe being supplied; include weights, handling procedures, jointing procedures, field cutting, manufacturing materials, markings, and other pertinent drawings and data. 1.5 QUALITY ASSURANCE A. No field testing of pipe, except pressure testing of completed systems will be required unless evidence develops that material is not as specified or as certified by manufacturer. B. Affidavits of Compliance and Independent Laboratory Inspection PVC pipe and ductile iron pipe fittings furnished and installed shall be inspected and tested by the manufacturer. Manufacturer shall furnish to Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. 2. If evidence appears that all provisions of the applicable ASTM/AWWA standards have not been complied with after the pipe has been delivered, Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier and Contractor if the pipe is not in compliance. Owner will pay the cost of the testing and sampling if pipe is in compliance with the Specifications; however, Owner will not be responsible for job delay. The independent laboratory may be chosen by the Owner or the pipe manufacturer, and shall be approved by the Engineer. C. Joint lubricant containers must be labeled with manufacturer's name and must be labeled as pipe joint lubricant. D. Stamp manufacturer's name or trademark, ASTM standard, SDR, and Cell Class on each pipe. 1.6 DELIVERY STORAGE AND HANDLING II I U I I I I I I I A. Comply with pertinent provisions of Section 01620 ' B. Minimize handling of pipe below 25 degrees F. I I City of Fayetteville 07/14/99 Page 02622-2 ' Part 2- PRODUCTS 2.1 MATERIALS A. Potable Water Pipe PVC pipe 2 inches in size shall be manufactured in accordance with ASTM D 2241 and shall have an SDR of 17. PVC pipe 4 inches through 12 inches in size shall be manufactured in accordance with AWWA Specification C900 and shall have a DR of 14; PVC pipe 14 inches through 24 inches in diameter shall be manufactured in accordance with AWWA C905 and shall have a DR of 21. 2. The plastic material used in making the pipe shall be clean, virgin, Cell Classification 12454B PVC compound conforming to ASTM resin specification D 1784, latest revision. Clean, reworked material generated from the manufacturer's own production shall be acceptable as long as the pipe produced meets all the requirements of the Specifications. Nominal laying length shall be 20 feet. Joints for 2 -inch plastic pipe shall conform to ASTM D 3139. Joints for plastic pipe 4 inches and larger shall conform to AWWA C900 or C905, as applicable. 4. Fittings for PVC pipe 2 -inch diameter shall comply with ASTM D 3139, "Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals". Fittings for PVC pipe 4 inches and larger shall conform to the specifications for ductile iron fittings. B. Gravity Wastewater Pipe ' 1. Supply pipe and fittings, 4 inch diameter and greater, in compliance with ASTM D 3034 limited as follows. ' a. Manufacture pipe and fittings with PVC compound having cell classification 12454B conforming to ASTM D 1784. ' b. Manufacture pipe and fittings with wall thickness classification SDR 26. c. Manufacture pipe and fittings to use Elastomeric Gasket Joints that comply with ASTM D 3212. C. Elastomeric Gaskets: Supply gaskets manufactured in compliance with ASTM F 477 and with additional markings as follows. 1. Year of manufacture. 2. Color striped on the side of gasket that faces open bell. ID. Trace wire shall be 14 gage coated copper for underground burial and shall be taped to the top of the pipe at 12 foot intervals. I City of Fayetteville 07/14/99 Page 02622-3 E I E. Detectable tape shall be "Detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert j acket that is impervious to all known alkalis, acids, chemical reagents, and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2-1/2 pounds/1 inch x 1,000 feet. Tape shall be color coded and imprinted with the message as follows: Type of Color Utility Code Legend Water Safety Precaution Blue Caution, Buried Water Line Below Sewer Safety Precaution Green Caution, Buried Sewer Line Below Part 3- EXECUTION 3.1 INSTALLATION A. Pipe Installation is covered in Section 02600. B. Pipe Detection tape shall be provided in trenches for water and sewer line construction. Installation shall be per manufacturer's recommendations and shall be as close as practical , to finished grade while maintaining a required minimum of 18 inches between the detection tape and the top of any pipe line. C. Trace wire shall be laid adjacent to all PVC installations and shall be looped around the pipe at least once per joint and connected to all valves and fittings. A tracing test shall be required prior to final acceptance. End of Section 02622 I Li I City of Fayetteville 07/14/99 Page 02622-4 , Section 02641 VALVES Part 1- GENERAL f6RYKe)a l This section covers valves for potable water systems, except for valves for individual service connections. 1.2 RELATED WORK A. Iron pipe and fittings are specified in Section 02615. B. PVC pipe is specified in Section 02622. C. Potable water services are specified in Section 02665. D. Potable water systems are specified in Section 02713 1.3 REFERENCES A. AWWA Standards: 1. C504, "Rubber Seated Butterfly Valves". 2. C509, "Resilient Seated Gate Valves for Water Supply Service." 3. C550, "Protective Epoxy Coatings for Valves and Hydrants." 4. C600, "Installation of Ductile -Iron Water Mains and Their Appurtenances". B. ASTM Standards: 1. A 126, "Standard Specification for Gray Iron Castings for Valves, Flanges, and Pipe Fitting". 2. A 153, "Standard Specification for Zinc Coating (Hot Dip) on Iron and Steel Hardware". 3. A 436, "Standard Specification for Austenitic Gray Iron Castings". 4. D 429, "Standard Test, Methods for Rubber Property —Adhesion to Substrates". 1.4 SUBMITTALS A. Submit manufacturer's catalog data, including illustrations and a parts list, that identifies the materials to be used for making various parts, in sufficient detail to serve as a guide in the assembly and disassembly of the valve and for ordering repair parts. B. Submit a statement of the net assembled weight for each size valve exclusive of joint accessories. City of Fayetteville 07/14/99 Page 02641-1 C. Submit drawings showing principal dimensions, construction details, and materials used for all parts of valve. 1.5 QUALITY ASSURANCE A. Valves shall be manufactured by a company with at least five years of experience in manufacturing the same type of valve in the required sizes. B. No field testing of valves, except pressure test of completed systems, will be required unless evidence develops that material is not as specified or as certified by manufacturer. 1.6 DELIVERY, STORAGE, AND HANDLING. A. - Comply with pertinent provisions of Section 01620 Part 2 - MATERIALS 2.1 GATE VALVES A. Gate valves shall be used for pipe up through 10 -inches in size. Valve sizes are indicated on the Drawings. B. Gate valves shall be iron body, resilient seated type, non -rising stem gate valves, in conformance with the requirements of AWWA C509. Gate valves shall be designed for a minimum of 200 psi working pressure. Gate valves shall be M&H, Waterous, Mueller, or Clow. C. Gate valves shall have O-ring stem seals. The O-ring stem seal shall be so designed that the seal above the stem collar can be replaced with the valve under pressure in the full -open position. D. Gate valves shall have standard mechanical joint ends conforming with AWWA C 111, unless tapping valves, valves with flanged ends, or valves of a special nature are indicated on the Drawings. E. Buried gate valves shall be designed for operation with a nominal 2 inch square operating nut. The standard direction of opening shall be open left, counter -clockwise as viewed from the top. F. The interior and exterior of the valve body, bonnet, and seal plate shall have factory applied fusion bonded epoxy coating meeting AWWA C550. G. The valve shall be tested in accordance with AWWA C509. City of Fayetteville 07/14/99 Page 02641-2 ' I IH. Bolting materials shall be zinc coated per ASTM A 153. 2.2 BUTTERFLY VALVES A. Butterfly valves shall be used for all pipe 12 -inches and larger. Valve sizes are indicated on the Drawings. B. Butterfly valves shall conform with the requirements ofAWWA C504, except that valves shall be suitable for 200 psi working pressure and provide drip -tight shut off at 250 psi. Butterfly valves shall be groundhog type, as furnished by Henry Pratt Company HP -250 Ground Hog type, or equal. Manufacturer's other than Henry Pratt Company will be required to submit proof of design certificates as required by AWWA C504 paragraph 5.2.4. IC. Valve body shall be constructed of cast iron ASTM A 126, Class B, and shall have integrally cast mechanical joint ends unless alternate valve ends are indicated on the Drawings. Body thickness shall be in strict accordance with AWWA C504, Class 150B, except as greater thicknesses are required for the greater pressures. D. Butterfly valves shall be of the tight closing, synthetic rubber -seat type, as follows. 1. Valves 20 inches (nominal diameter) and smaller shall have bonded seats which are simultaneously molded in, vulcanized, and bonded to the body. Seat bond must withstand 75 pounds pull under test procedure ASTM D 429, Method B.. 2. Valves 24 inches and larger shall have seats of synthetic rubber compound. Seats shall be retained in the valve body by mechanical means without retaining rings, segments, screws, or hardware of any kind in the flow stream. Seats shall be a full 360 degrees circumference and replaceable without dismantling operator, disc, or shaft and without removing valve from the line. 3. Valve discs shall be as follows. ' a. For valves 12 inches through 20 inches, nominal diameter, valve disc shall be constructed of alloy cast iron ASTM A 436, Type 1. ' b. For 24 inch valves, nominal diameter, valve disc shall be cast iron with a stainless steel seating edge. I E. Valve shaft shall be constructed of stainless steel and the bearings shall be corrosion resistant and self-lubricating. Valve shall be equipped with a totally enclosed type operator, fully gasketed and grease packed, suitable for direct burial. Operator shall be designed for operation ' with a nominal 2 inch square operating nut for use with a T -wrench. Operators shall be designed to open with a counterclockwise rotation of the operator nut. Shaft seal shall be 0 - ring type. ' F. Valves shall have factory applied fusion bonded epoxy coating meeting AWWA C550, latest ' revision. G. Valve shall be hydrostatically tested at 250 psi for leakage in accordance with AWWA C504, ' latest revision. City of Fayetteville 07/14/99 Page 02641-3 H. Where valves are specifically shown and detailed on the Drawings to be painted, valves shall be delivered to the job site factory blasted, cleaned and primed with one coat of Kop-Coat 340 Gold Primer of Kop-Coat 622 LCF Primer, or approved equal. I. Affidavit of Compliance- Manufacturer shall furnish to Engineerpriorto delivery, an affidavit stating that valve and materials used in its construction conform to the requirements of AWWA C504 and that tests specified therein have been performed and that test requirements have been met. 2.3 TAPPING VALVES A. Tapping valves shall be gate valves, for buried service, of modified design to serve as valves to tap a pressurized pipeline. B. Tapping valves shall be manufactured by a company regularly supplying such valves, in the sizes required, for at least five years. C. Valve sizes are indicated on the Drawings. D. Valve ends shall be: flanged end for bolting to the tapping sleeve; and mechanical joint end for joining to the new distribution main. E. Valves shall be suitable for a working pressure of 200 psi and a drip -tight shut-off pressure of 250 psi. i F. Valve end shall allow direct connection of the tapping machine. G. Valve shall provide the necessary clear opening to allow insertion of the cutting mechanism and removal of the cut piece of pipe. H. Other provisions of Paragraph 2.1, covering gate valves, apply. 2.4 AIR/VACUUM RELEASE VALVES A. Air and vacuum valves shall be APCO, Series 140 for 3 -inch and smaller and Series 150 for 4 -inch and larger. Sizes are indicated on the Drawings. B. Air and vacuum valves shall conform with the following. 1. Designed to allow large quantities of air to escape out of the orifice when filling the pipeline, to close watertight when liquid enters the valve, and to permit large quantities of air to enter through the orifice when the pipeline is being drained to break the vacuum. 2. Discharge orifice area equal to or greater than the inlet of the valve. 3. Body and cover: cast iron, ASTM A 126 grade B. 4. Float: stainless steel, ASTM A 240. City of Fayetteville 07/14/99 Page 02641-4 I ' 5. Seat: Buna-N. 6. Exterior paint: phenolic primer red oxide, FDA and/or EPA approved for contact with ' potable water. 7. Protector hood: steel. 2.5 VALVE BOXES A. Valve boxes for gate valves, butterfly valves, and tapping valves shall be constructed of cast iron. Valve box and appurtenances shall consist of a base, extensions as required, and a top section with a drop lid. The lid shall be marked with the word "WATER". Valve boxes shall be compatible with the valve for which they are provided. B. Air/Vacuum release valve boxes shall be 48 -inch diameter concrete pipe or manhole section. ' Length ofpipe shall be sufficient to reach from just above the pipeline to finish grade. Provide removable concrete cover for valve box, with aNeenah manhole frame and cover cast in the concrete cover. 1 Part 3- EXECUTION 3.1 EXAMINATION A. Inspect valves prior to installation for direction of opening, number of turns to open, freedom of operation, tightness of pressure, containing bolting and test plugs, cleanliness of valve port ' and seating surfaces, handling damage, and cracks or other defects. B. Mark defective valves and remove from job site. C: Check bolts and nuts for proper tightness, expect seat adjusting bolts or screws in butterfly valves. 3.2 PREPARATION IA. Widen trench as necessary to allow for installation of valve and provide working room on all sides of valve, and to allow installation of valve box and supports. B. Shape bedding to allow valve bottom to be fully supported by bedding. Valves at right angle to pipeline shall not cause torque stresses in pipeline. Tapping valves and machines shall be supported by crushed stone or concrete pads. Fill over -excavation required for installation and removal of tapping machine with crushed stone before continuing pipe laying. ' 3.3 INSTALLATION A. Install gate valves in compliance with AWWA C509, Appendix A. City of Fayetteville 07/14/99 Page 02641-5 B. Install butterfly valves in compliance with AWWA C504, Appendix A. C. Tapping Sleeve and Valve. 1. Disinfect tapping sleeve, tapping valve, and tapping machine in accordance with AWWA C651 and manufacturer's recommendations. 2. Install tapping sleeve according to manufacturer's recommendations. Verify that sleeve fits pie in a drip -tight manner. 3. Install tapping valve on tapping sleeve. Tapping valve shall be fully supported on crushed stone base or concrete pad so that no stresses are transmitted on the pipe being tapped. 4. Install tapping machine on tapping valve and proceed with tapping operation per manufacturer's recommendations. 5. Install thrust blocking after tapping operation is complete and before continuing pipe laying. D. Valve Box 1. Prove a valve box as specified for each valve used in a buried service application. Valve box shall be installed so as not to transmit shock or stress to the valve. Valve box shall be centered and plumb over the operating nut of valve with box cover flush with the finished surface. Valve box shall be backfilled evenly around its perimeter with select material. Backfill material shall be hand tamped so that the ground will not settle after placement of the concrete collar. 2. Construct a 24 inch square concrete collar around valve box lid. Collar shall be centered on valve box lid and shall be 6 inches thick. The top of the pad shall be flush with the top of the box and the surrounding ground or roadway surface. Place concrete to avoid splatter on valve box lid. Construct valve box collars after every item of cleanup has been completed. End of Section 02641 City of Fayetteville 07/14/99 Page 02641-6 1 Section 02644 FIRE HYDRANTS Part 1- GENERAL 1.1 SCOPE A. This section covers fire hydrants. 1.2 RELATED WORK A. Installation of the valve isolating the fire hydrant, the valve box, concrete pad surrounding top of valve box, and pipe connecting valve to fire hydrant are included in fire hydrant construction. B. Excavation and backfilling for the fire hydrant is specified in Section 02221. C. Iron pipe supplying the fire hydrant shall be as further specified in Section 02615 D. Valve used to isolate the fire hydrant is specified in Section 02641. E. Concrete is specified in Section 03316. F. Testing of fire hydrants as part of the completed water system is specified in Section 02675. 1.3 REFERENCES A. AWWA: C502, "Dry Barrel Fire Hydrants". 1.4 SUBMITTALS A. Submit manufacturer's data and drawings. If specifically requested by Owner or Engineer, submit report of factory tests. Part 2- PRODUCTS 2.1 FIRE HYDRANTS A. Fire hydrants shall be dry barrel hydrants in conformance with AWWA C502, and shall be designed for a working pressure of 200 psig. Pressure Class 200 fire hydrants shall be three-way. Approved fire hydrants are Mueller Centurion, Catalog No. A-423, or Waterous 5-1/4 inch WB67-90. City of Fayetteville 07/14/99 Page 02644-1 B. Hydrant shall have a 6 inch mechanical joint inlet in conformance to dimensions shown in ANSI/AWWA C110/A21.10. Three-way hydrants shall have a 5-1/4 inch valve opening. C. Fire hydrants shall be equipped with a two-piece barrel having a breakaway flange at the ground line and shall be designed for a 48 -inch bury. Extensions shall be Mueller A-320 or equal. D. Hydrants shall be equipped with two 2-1/2 inch hose nozzles and one 4-1/2 inch pentagon; National Standard operating nut designed to open counterclockwise. E. Fire hydrants shall be equipped with a safety stem coupling and flange which are intended to fail upon vehicle impact without damage to the stem or main valve. 2.2 AGGREGATE A. Aggregate placed to receive drainage from fire hydrant shall be crushed or washed stone and graded as follows. 100% of weight passes I '/2 inch screen 50%-90% of weight passes 3/4 inch screen 25%-50% of weight passes 1/4 inch screen 10%-30% of weight passes No. 4 screen 3%-10% of weight passes No. 200 screen 2.3 PAINT A. Fire hydrant paint above the ground shall be reflective paint equal to Axon 1460 reflective white paint as manufactured by Axon Aerospace. Inc. 2.4 SOURCE QUALITY CONTROL A. Each assembled fire hydrant shall be tested in accordance with AWWA C502 paragraph 5.1.6. Part 3- EXECUTION 3.1 EXAMINATION A. Prior to installation, hydrants shall be inspected for direction of opening, cleanliness of inlet elbow, handling damage, and cracks. 3.2 INSTALLATION A. Install fire hydrants at locations indicated on the Drawings or as directed by Engineer. City of Fayetteville 07/14/99 Page 02644-2 H B. Fire hydrants shall be 6'-0" bury when hydrant tee is 24 -inch by 6 -inch or greater. Fire hydrants shall be 4'-0" bury when hydrant tee is less than 24 -inch by 6 -inch. C. Hydrants shall stand plumb within a tolerance of 1/8 inch horizontally in 12 inches vertically. The nozzles shall be parallel with, or at right angles to, the street with the pumper nozzle facing the curb. Hydrants shall be set to established grade with the nozzle centerline at least 18 inches above the ground. 1 D. When hydrants are placed beyond the curb, hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be not less than 12 inches nor more than 18 inches ' from the gutter face of the curb. When set in the lawn space between curb and sidewalk, or between the sidewalk and the property line, no portion of hydrant or nozzle cap shall be within 6 inches of the sidewalk. In the case of relocation of water lines along a future ' roadway alignment, in a cut or fill area, the hydrant shall be placed as directed by Engineer. E. Each hydrant shall be connected to the main with a 6 -inch ductile -iron pipe branch and an independent 6 -inch gate valve. The 6 -inch branch of the main line fittings shall be equipped with retaining lip and swivel gland for positive restraint without tie rods. F. Wherever a hydrant is set in soil that is not pervious, drainage shall be provided at the base of the hydrant by placing aggregate from the top of the concrete reaction blocking to at least 6 inches above the waste opening in the hydrant, and to a distance of 1 foot around the elbow. No drainage system shall be connected to a sewer. G. Bowl of each hydrant shall be braced against unexcavated earth at the end of the trench with concrete reaction blocking as indicated on the Drawings. In no case shall the concrete blocking block or impede flow from fire hydrant drain ports. Fire hydrant, fittings, and pipe shall be wrapped with "visqueen" to prevent bonding to the concrete. I. H. The fire hydrant shall be painted after installation. 3.3 FIELD QUALITY CONTROL A. Operate hydrant valve and nozzles after installation but before system testing through two I. complete opening and closing cycles. B. Each hydrant shall be tested in place as part of the water system test, as specified in Section 02675. Fire hydrants shall be tested in accordance with AWWA C502, latest revision. End of Section 02644 I City of Fayetteville 07/14/99 Page 02644-3 Section 02666 POTABLE WATER SERVICES Part 1- GENERAL 1.1 SCOPE A. - This Section covers materials and construction of potable water services. 1.2 RELATED WORK A. Trenching, backfill and compacting is specified in Section 02221. B. Site restoration is specified in Section 02261. C. Testing of water system is specified in Section 02675. 1.3 REFERENCES A. AWWA C 800, "Underground Service Line Valves and Fittings." B. ASTM 1. A 395, "Standard Specification for Ferritic Ductile Iron Pressure -Retaining Castings for Use at Elevated Temperature". 2. B 88, "Standard Specification for Seamless Copper Water Tube". Part2 - PRODUCTS !, 2.1 PIPE MATERIALS A. Tapping Saddle Complying with AWWA C800, MuellerDNIS or equal; outlet tapped with AWWA taper for counter clockwise threading; double stainless steel strap; ASTM A 395 ductile iron nylon coated body; nitrile o -ring gasket. • Tapping saddle for 24 -inch diameter pipe shall be of similar materials, design, and quality. Tapping saddles for PVC and ductile iron shall be manufactured by Mueller and Romac respectively. IB. Corporation Stop City of Fayetteville AWWA C800, 3/4" Mueller B-25008 or equal; type 110 compression fittings. 07/14/99 Page 02666-1 Li C. Dual Meter Fitting MuellerH-15363 with 110 compression connections, 7% inch width: D. Meter Yoke 5/8" x 3/4" x 12" Mueller H- 1402, with Mueller H-1 4222 tail pieces and H-14227 coupling both ends; copper construction; with Mueller 300 angle full port ball valve on inlet end. E. Copper Piping 3/4 inch and 1 inch service pipe shall be Type "K" copper, soft, tempered, seamless, for underground installation, in accordance with ASTM B 88. F. Pipe Fittings Mueller 110 Compression fittings. G. Road Crossing Carrier Pipe Galvanized steel, minimum 2 -inches diameter. 2.2 METER BOX AND LID A. Meter Box B. MeterBoxLid 2.3 WATER METER 18 -inch diameter by 24 inch deep, PVC pipe with minimum 0.275 inch wall thickness. #50184.30T (Mueller/McCullogh) 18 -inch diameter cast iron flat meter lid, Western Iron C - 109P, Crouch Foundry. A. - Water meters will be furnished and installed by Owner. Part 3 EXECUTION 3.1 EXAMINATION A. - Examine all water service materials for defects and suitability for intended service. 3.2 PREPARATION A. - Coordinate water service construction with Engineer and Owner to assure Owner is prepared to provide and install meters. 3.3 WATER SERVICES A. Approximate locations for new water meters are indicated on the Drawings. Exact City of Fayetteville 07/14/99 Page 02666-2 FI F I I I I I locations will be determined at the site, to accommodate property owner's desires, subject to Owner's approval. B. The sequence for construction and connection of new water services will be as follows. 1. New water main must be in place and approved before service taps can be made. 2. Expose existing service piping for a sufficient area so all connection areas are exposed. 3. Tap water main; install copper water tubing to new meter location; install meter box and pipe and fittings inside meter box; install service tubing between new meter location and existing service line, but do not make connection to existing piping. 4. Owner's personnel will install meters. 5. Connect new copper water tubing to existing service piping using appropriate transition coupling if required; do not connect dissimilar metals without an isolating coupling. .6. Open corporation stop and curb stop to restore service. C. Water service lines installed under new or existing pavement shall be inserted into a steel casing pipe. ID. Follow proper disinfection procedures during services installation. IE. Inspect completed water services for leaks and repair as necessary. C1 I I I I I ' City of Fayetteville End of Section 02666 07/14/99 Page 02666-3 LI Section 02675 WATER SYSTEM - MAINTENANCE OF SERVICE AND DISINFECTION Part 1- GENERAL 1.1 SCOPE O.1This Section covers the actions necessary to maintain the existing and expanded system. Interruption to the existing system's quality and pressure must be kept at a minimum. 1.2 RELATED WORK 0.l Iron pipe and fittings are specified in Section 02615. 0.2Plastic pipe and fittings are specified in Section 02622. 0.3Valves are specified in Section 02641. 0.4Fire Hydrants are specified in Section 02644. 0.5Potable Water Services are specified in Section 02666. 1 1.3 REFERENCES II I I I I I A. AWWA 1. C600, "Installation of Ductile -Iron Water mains and Their Appurtenances" 2. C651, "Disinfecting Water Mains" Part 2- PRODUCTS 2.1 WATER A. - Water for flushing and testing water lines will be furnished by Owner at no cost to Contractor. Part 3- EXECUTION 3.1 GENERAL A. - This section outlines the testing ofpipe materials, joints, and/or other materials incorporated into the construction of water mains to determine leakage and watertightness. Pressure pipelines shall City of Fayetteville 07/14/99 Page 02675-1 be tested in accordance with Section 4 of AWWA C600 and as specified herein. 3.2 MAINTENANCE OF SERVICE A. - Schedule and execute construction to minimize service interruption. Whenever it is necessary ' for water service to be interrupted for any period of time, provide 5 days notice to affected businesses and 24 hour notice to affected residences before interrupting service. 3.3 FLUSHING A. - Fill and flush -the newly constructed lines and visually check combination air release and vacuum valves, blow -off valve assemblies, line valves, and fire hydrants to assure proper operation. 3.4 TESTING 1 A. Hydrostatic Testing 1. After water line and service line has been laid, including taps and meter settings, newly laid pipe or any valved section thereof shall be subjected to hydrostatic testing. 2. Each valved section of pipe shall be slowly filled with water and the specified test pressure shall be applied by means of a pump connected to the pipe in a manner satisfactory to Engineer. Before applying the test pressure, all air shall be expelled from the pipe by permanent taps or corporation cocks where necessary. 3. Test pressure shall be the greatest of 150 percent of the static pressure or 200 psi, whichever is greater. Provide all pumps or other equipment necessary to maintain the test pressure within 5 psi at the test point for a period of two hours. Fire hydrant valves shall be open during the pressure test. B. Leakage 1. The leakage test shall be conducted concurrently with the pressure test. Leakage is defined as the quantity of water that must be supplied into the newly laid pipeline, or any valved section thereof, to maintain pressure within 5 psi of the specified test pressure after the air in the pipeline has been expelled and the pipeline has been filled with water. Leakage shall not be measured by a drop in pressure in a test section over a period of time. No pipeline installation will be accepted if the leakage is greater than that determined by the following formula: L= S r^ 133200 L = allowable leakage, (gallons per hour) S = length of pipe tested, (feet) D = nominal diameter of pipe, (inches) P = average test pressure during test, (psig) 2. If the leakage is greater than specified above, locate and make repairs as necessary City of Fayetteville 07/14/99 Page 02675-2 11 11 11 I I Li L I I I I I until leakage is within specified allowance, without additional cost to Owner. 3. Repair visible leaks regardless of the amount of leakage. 3.5 DISINFECTION A. After successful pressure testing, the lines shall be flushed with a velocity equal to or greater than 2'/: fps. The line shall then be disinfected in accordance with AW WA C65 1, continuous feed method, except that the placing of hypochlorite granules into the main during construction will not be permitted. B. Pipes are to be disinfected after laying is completed by holding a chlorine solution of at least 50 ppm strength in the pipe for 24 hours. At the end of the 24 hour period, the treated water shall contain no less than 25 ppm of chlorine throughout the length of the main. ' C. As the heavily chlorinated water flows past fittings and valves, related valves and hydrants shall be operated so as to disinfect new appurtenances and pipe branches. Take extreme care to prevent heavily chlorinated water from flowing back into water mains in active service. Take care to ensure that discharge of flushing water shall not adversely affect any downstream properties. The disinfecting water shall be diluted or otherwise have the chlorine concentration diluted in a manner approved by Engineer. The cost of the chemicals shall be borne by Contractor. D. After the lines have been disinfected, they shall be thoroughly flushed until chlorine residual measurements show that the concentration in the water leaving the main is no higher than that 1 generally prevailing in the system or is acceptable for domestic use, or less than 1 ppm. Disposal of flushing water shall be as described above and as provided by applicable Laws and Regulations. Procure a special permit from the Arkansas Department of Pollution Control & 1 Ecology to discharge the solution and water used in the disinfection of the pipes. E. Bacteriological samples shall then be collected from each respective section of the new main on two consecutive days and shall be submitted to the Arkansas Department of Health for analysis. Sampling shall be restricted to Monday, Tuesday, and Wednesday. The samples shall be collected by Owner personnel. F. Water lines shall not be placed in service until the results of two consecutive daily samples showing negative reports for coliform bacteria (safe) are received by Engineer or Contractor and are submitted to Owner. 3.5 CONNECTION TO EXISTING WATER LINES ' A. Connections to existing water lines to remain in service shall be made as hot taps. B. Connections to existing water lines to be abandoned shall be made by cold taps after pipe is removed from service and drained to the greatest extent possible. Advise Owner and Engineer if method of connection, or inability to isolate section of line being taken out of service, will City of Fayetteville 07/14/99 Page 02675-3 result in the need for public notification. C. Make valved connections to existing water lines prior to disinfection and testing. D. Disconnect existing water lines at points indicated on plans when notified by Engineer Notification will occur after new water lines are approved. End of Section 02675 City of Fayetteville 07/14/99 Page 02675-4 Section 02840 SIGNAGE Part 1 - GENERAL 1.1 SECTION INCLUDES A. Furnishing and installing signs of all types required, complete with bases, posts, and fastening hardware. 1.2 RELATED SECTIONS A. Provisions for measurement and payment are specified in Section 01025. B. Concrete is specified in Section 03316. 1.3 UNIT PRICES A. Unit prices for work covered under this section are defined in Section 01025, including incidental items, related work, method ofineasurement, and partial payment provisions, if any. 1.4 REFERENCES A. Manual of Uniform Traffic Control Devices (MUTCD). B. American Society for Testing and Materials (ASTM). 1. B 209, "Specification for Aluminum and Aluminum -Alloy Sheet and Plate". 2. B 221, "Specification for Aluminum and Aluminum -Alloy Extruded bars, Rods, Wire, Shapes, and Tubes". I I I I I C. Arkansas Highway and Transportation Department (AHTD) "Standard Specifications for Highway Construction", 1993 Edition, referencing the following specific sections. 1. Section 723, "General Requirements for Signs". 2. Section 725, "Guide Sign". 3. Section 726, "Standard Sign". 4. Section 729, "Channel Post Sign Support". 1.5 SUBMITTALS A. Submit shop drawings showing arrangements and spacing of letters, symbols, and borders for each type of sigh; support to be used with each different type of sign; and proposed method of attaching sings to supports. City of Fayetteville 07/14/99 Page 02840-1 E I B. Certified test reports covering sign panels, reflective sheeting, and prismatic reflectors will be required only if Engineer believes signs delivered to the site or installed do not conform to the ' specified requirements. 1.6 QUALITY ASSURANCE A. Signage materials shall be manufactured by a manufacturer regularly engaged in producing signage materials complying with the specified standards. B. Installation of signs shall be accomplished with workers experienced in construction of the typetpeofsignagptifid. Part 2 -PRODUCTS , 2.1 MATERIALS _ A. Signs shall meet the requirements of the MUTCD, Standard Highway Signs. B. Colors for signs shall match colors specified in the MUTCD. Color and size of letters, ' symbols, borders, and background on signs shall be as specified in the MUTCD. C. Signs shall be made of aluminum and shall be reflectorized. I D. Standard signs shall be fabricated without stiffeners on the back, of aluminum alloy conforming to ASTM B 209, Alloy 5052 H38, and shall consist of a single sheet of aluminum. Sign blank thickness shall be 0.100 inch for signs 5 square feet or less; and 0.125 inch for a sign. size greater than 5 square feet. Sign blanks shall be flat and straight and within commercial tolerances established by the aluminum industry. E. Fabricate signs from either one piece extruded aluminum panels or extruded and welded panels. One piece extruded aluminum panels shall be fabricated of aluminum alloy conforming to ASTM B 221, Alloy 6063 T6. Extruded and welded aluminum panels shall be fabricated of sections of extruded aluminum alloy stiffeners conforming to ASTM B 221, Alloy 6063 T6 welded to flat sheet aluminum alloy conforming to ASTM B 209, Alloy 3003 H18. Welds shall be spot welds approximately 9 inches apart. F. One piece extruded aluminum panels shall be a minimum of 12 inches wide, except one 6 inch panel may be used per sign face when necessary to construct sign as indicated on the Drawings. G. Extruded and welded sign panel sections shall be either 2 feet of 3 feet in width. Exceptions to this are defined in AHTD Section 723.02. H. Panels to which reflective sheeting is to be applied shall be degreased, etched, and alodized. Degreasing shall be done by either vapor method or alkaline method. Vapor degreasing shall City of Fayetteville 07/14/99 Page 02840-2 I I L I L L I be accomplished by total immersion of sign panels in a saturated vapor of trichloroethylene or perchloroethylene. Alkaline degreasing shall be accomplished by immersion of the sign panels in a tank containing alkaline solutions, controlled and titrated to the solution manufacturer's recommendations. Immersion time shall depend upon amount of soil present and the gage of the metal. Trade mark printing shall be removed with lacquer thinner or by a controlled alkaline cleaning system. I. Etching shall be done by the acid method, in accordance with the requirements of AHTD Section 723.02. J. Sign panels shall be treated by alodizing process to uniformly provide a chemically formed light and tight amorphous coating that becomes an integral part of the aluminum alloy. This process shall be accomplished in accordance with the recommendation of the manufacturer of the coating. K. Fabrication, including cutting and punching of holes shall be completed prior to degreasing, etching, alodizing, and the application of reflective sheeting. L. Panels shall be free of buckles, warp, dents, cockles, burrs, and defects resulting from fabrication. Surface of panels shall be flat. M. Reflective sheeting shall conform to AHTD Section 723.02. N. Legend, which includes letters, numerals, symbols, arrows, and border, shall conform to AHTD Section 723.02. O. Post sign supports shall be made of a U -section channel or galvanized steel pipe and support as indicated on the Drawings. ' Part 3 -EXECUTION 3.1 EXAMINATION A. Examine sign materials upon receipt at the site. Remove damaged sign materials. 3.2 ERECTION A. Erect signs at the locations indicated on the Drawings. ' B. Erect signs plumb and to the indicated vertical and horizontal dimensions and clearances. I I I C. Minimum horizontal clearance to any ground mounted sign shall be as specified in the MUTCD. City of Fayetteville 07/14/99 Page 02840-3 D. Erect signs so that sign face is vertical and at 93 degrees away from center of the lane which the sign serves and away from the direction of travel. Where lanes divide and on curves, orient sign faces so as to be most effective both day and night, and to avoid possibility of specular reflection. E. Field drill holes in sign support structure only when specified in the Drawings or as directed by Engineer. 3.3 ADJUSTING A. After signs have been installed Engineerivill-inspect signs at night. If specular reflection is apparent on any sign, adjust sign position to eliminate this condition. 3.4 CLEANING A. Clean installed signs of any construction dirt or dust. End of Section 02840 City of Fayetteville 07/14/99 Page 02840-4 ISection 02900 LANDSCAPING Part 1 -GENERAL 1.1 SECTION INCLUDES ' A. Furnish and install all materials and perform all landscaping work in accordance with the Specifications, Drawings, and any instructions provided. All work completed and materials furnished and installed shall be of the best quality and shall be in strict accordance with the intention of the Drawings, Specifications and samples. B. In addition to other standard provisions, also provide the following. 1. Maintenance necessary during Establishment Period. 2. Replacement in kind, or with a substitute acceptable to Engineer, of all plant materials not in a healthy growing condition or that has died back to the crown or beyond normal pruning limits. 3. Repair or replace any damage caused by construction; dispose of all rubbish and excess soil. 1.2 RELATED SECTIONS A. Section 02100 - Site Preparation B. Section 02161 - Excavation Safety C. Section 02220 - Excavation and Embankment 1.3 REFERENCES A. American Association of Nurserymen, Inc.: American Standard for Nursery Stock 1.4 SUBMITTALS ' A. If requested, provide samples of landscaping materials to Engineer for approval. B. Submit certification tags from trees, shrubs and seed verifying type and purity. 1.5 QUALITY ASSURANCE ' A. Plants shall be measured when branches are in their normal position. B. Shrubs shall meet the requirements for spread, height or container size indicated in the Plant City of Fayetteville 07/14/99 Page 02900-1 I i List on the Drawings. The measurements are to be taken from the ground level to the average height of the shrub and not to the longest branch. Height and spread dimensions specified refer to the main body of the trees (measured from the crown of the roots to the tip of the top branch) shall be not less than 24 inches or as required by city ordinance. C. Caliper measurements shall be taken at a point on the trunk 6 inches above natural ground line for trees up to 4 inches in caliper, and at a point 12 inches above the natural ground line for trees exceeding 4 inches in caliper. D. If a range of size is given, no plant shall be less than the minimum size, and not less than 50 percent of the plants shall be as large as the upper half of the range specified. E. Measurements specified are the minimum size acceptable and, where pruning is required, are the measurements after pruning. 11 1.6 DELIVERY, STORAGE, AND HANDLING I A. Notify Engineer at least 48 hours in advance of the anticipated delivery date of any plant materials. Furnish a legible copy of the invoice, showing kinds and sizes of materials included for each shipment, to Engineer. B. Plants transported to the project in open vehicles shall be covered with tarpaulins or other suitable covers securely fastened to the body of the vehicle to prevent injury to the plants. Closed vehicles shall be adequately ventilated to prevent overheating of the plants. 1.7 GUARANTEE 11 Li I A. The condition of all new plant materials is the responsibility of Contractor and shall be approved by Engineer. B. Until final approval, replace plant materials if necessary at no additional expense of Owner. ' 1.8 MAINTENANCE OPERATIONS BEFORE APPROVAL 1 A. Plant care shall begin immediately after each plant is satisfactorily installed and shall continue throughout the life of the contract until final acceptance of the project. ' B. Care shall include, but not be limited to, replacing mulch that has been displaced by erosion , or other means, repairing and reshaping water rings or saucers, maintaining stakes and guys as originally installed, watering when needed or directed, and performing any other work required to keep the plants in a healthy condition. C. Remove and replace dead, defective and/or rejected plants as required before final acceptance. D. Restore grassed areas damaged during the process of the work to a condition satisfactory to , City of Fayetteville 07/14/99 Page 02900-2 1 IEngineer. This may include filling to grade, fertilizing, seeding and mulching. IPart 2- MATERIALS 2.1 PLANTS I I I I I I I I r.J I I [_1 I A. The types and sizes ofplants to be furnished are indicated in the Planting Liston the Drawings. B. Plant shall conform with requirements of the American Standard for Nursery Stock adopted by the American Association of Nurserymen, Inc., and with the following additional requirements. C. Unless specifically noted otherwise, plants shall be of selected specimen quality, exceptionally heavy, symmetrical, tightly knit, so trained or favored in development and appearance as to be superior in form, number of branches, compactness and symmetry. Plants shall have a normal habit or sound, healthy, vigorous plants with well developed root system. D. Plants shall be free of disease, insect pests, eggs or larvae. E. Plants shall not be pruned before delivery. F. Trees with abrasion of the bark, sun scalds, disfiguring knots or fresh cuts of limbs over 1-1/4 inches which have not completely calloused shall be rejected. G. Plants shall be typical of their species or variety and shall have a normal habit of growth and be legibly tagged with the proper name. Plants shall have been grown under climatic conditions similar to those in the locality of the site of the project under construction or have been acclimated to such condition for at least 2 years. H. The root system of each shall be well provided with fibrous roots. All parts shall be sound, healthy, vigorous, well -branched and densely foliated when in leaf. I. Plants designated ball and burlap (B&B) must be moved with the root systems as solid units with balls of earth firmly wrapped with burlap. The diameter and depth of the balls of earth must be sufficient to encompass the fibrous root feeding systems necessary for the healthy development of the plant. No plant shall be accepted when the ball of earth surrounding its roots has been badly cracked or broken preparatory to or during the process of planting. The balls shall remain intact during all operations. Plants that cannot be planted at once must be heeled -in by setting in the ground and covering the balls with soil or mulch and then watering. Hemp burlap and twine is preferable to treated. If treated burlap is used, all twine is to be cut from around trunk and all burlap is to be removed. J. The trunk of each tree shall be a single trunk growing from a single unmutilated crown of roots. No part of the trunk shall be conspicuously crooked as compared with normal trees of City of Fayetteville 07/14/99 Page 02900-3 I the same variety. K. Thickness of each shrub shall correspond to the trade classification "No.1". Single stemmed of thin plants will not be accepted. The side branches must be generous, well -twigged, and the ' plant as a whole well -branched to the ground. The plants must be in moist condition, free from dead wood, bruises or other root or branch injuries. 2.2 LOAM OR TOPSOIL ' A. Place topsoil in areas indicated on the drawings or as specified herein. B. Exterior ground within the limits of construction, except surfaces occupied by buildings and structures, paving, and except areas indicated to be undisturbed, shall be topsoiled. C. Place no topsoil until subgrade has been approved. Before placing topsoil, rake subsoil surface clear of stones, debris, and roots. Compact topsoil to form a layer with minimum depth of 4 inches in lawn areas and 12 inches in shrub beds. Topsoil shall be placed so that after final settlement there will be good drainage and conforming to elevations indicated on the Drawings. Maintain surfaces and place any additional topsoil necessary to replace that eroded before acceptance. D. Disk, drag, harrow or hand rake subgrade to a depth of 3 inches to provide bond for topsoil. Topsoil which must be transported across finished walks shall be delivered in such a manner that no damage will be done to the walks. Repair of such damage. E. Topsoil: natural, friable, fertile, fine loamy soil possessing the characteristics of representative topsoils in the vicinitywhichproduces a heavy growth; free from subsoil, objectionable weeds, litter, sods, stiff clay, stones larger than 1 inch in diameter, stumps, roots, trash, toxic substances, or any other material which may be harmful to plant growth or hinder planting operations. Verify amount stockpiled and supply any additional as needed. FERTILIZER A. Fertilizer shall be delivered to the site, mixed as specified, in the original unopened standard size bags showing weight, analysis and name of manufacturer. Containers shall bear the manufacturer's guaranteed statement of analysis or a manufacturer's certificate of compliance covering analysis shall be furnished to Engineer. Store fertilizer in a weatherproof place and in such a manner that it shall be kept dry and its effectiveness shall not be impaired. B. Percentages of nitrogen, phosphorus and potash shall be based on laboratory test recommendations as approved by Engineer. For the purpose of bidding, assume 10 percent nitrogen, 6 percent phosphorus and 4 percent potash by weight. At least 50 percent of.the total nitrogen shall contain no less than 3 percent water -insoluble nitrogen. At least 60 percent of the nitrogen content shall be derived from super -phosphate containing not less than 18 percent phosphoric acid or bone meal containing 25 to 30 percent phosphoric acid and 2 to 3 percent I 11 11 City of Fayetteville . 07/14/99 Page 02900-4 1 nitrogen. Potash shall be derived from muriate of potash containing 55 to 60 percent potash. ' 2.4 1 2.5 1 ' 2.6 2.7 2.8 I 2.9 1 SHREDDED HARDWOOD BARK MULCH A. Shredded hardwood bark mulch or approved equal shall be used as a 4 inch top dressing in plant beds and around trees planted in this project. Single trees or shrubs shall be mulched to the outside edge of the saucer. Mulch shall be of sufficient character as not to be easily displaced by wind or water runoff. STAKING MATERIAL A. Stakes shall be 2" x 3" x 8' pressure treated wood. Three stakes per tree. B. Wire tree staking shall be pliable No. 12 galvanized soft steel wire. C. Hose shall be two-ply fiber -bearing rubber garden hose, not less than V2 inch inside diameter, black or green, and of suitable length. WATER A. Water shall be free of any substances that might be harmful to plants. It is not necessary to use potable water; however, if non -potable water is used, take precautions to avoid human consumption. LAWN SEED A. Lawn seed mixture shall be fresh, clean new crop seed. Furnish to Engineer the supplier's guaranteed statement of the composition of the mixture and the percentage of purity and germination of each variety. Seed mixture shall be as indicated on the Drawings. WEED MAT A. Weed mat shall be "Dewitt Weed Barrier" or equal. Weed mat shall be placed under all planting areas not to be seeded, or as indicated on the Drawings. The mat shall be covered with mulch and secured in place by soil anchors. EROSION CONTROL BLANKET/FABRIC NETTING A. Furnish and install where indicated on drawings "Curlex" blankets: by American Excelsior Company; "Polyjute" Style 465 GT: by Synthetic Industries or equal. B. The area to be covered shall be properly prepared, fertilized, and seeded before blanket is applied. When blanket is unrolled, the netting shall be on top and the fibers in contact with the soil over the entire area. In ditches the blanket shall be applied in the direction of the flow of water, butted snugly at ends and side and stapled. On slopes, the blankets shall be applied City of Fayetteville 07/14/99 Page 02900-5 I either horizontally or vertically to the slope. Ends and sides shall be butted snugly and stapled. Staple to manufacturer's recommendations. 2.10 MISCELLANEOUS LANDSCAPING PRODUCTS A. Provide other landscaping products referred to on the Drawings. Such products shall be new and of good quality for the purpose intended. Part 3- PLANTING PROCEDURES 3.1 WEATHER CONDITIONS A. Work must be carried out only during weather conditions favorable to landscape construction , and to the health and welfare of plants. 3.2 PROTECTION OF EXISTING PLANTS ' A. Before commencing work, trees and shrubs which are to be saved must be protected from damage by the placement of fencing flagged for visibility or some other suitable protective procedure approved by Engineer. No work may begin until this requirement is fulfilled. B. In order to avoid damage to roots, bark or lower branches, no truck or other equipment shall be driven or parked within the drip line of any tree, unless the tree overspreads a paved way. C. Use precautionary measures when performing work around trees, walks, pavements, utilities. D. Adjust depth of earthwork and loaning when working immediately adjacent to any of the , aforementioned features in order to prevent disturbing tree roots, undermining walks and pavements, and damage in general to any existing or newly incorporated item. E. Evidence of inadequate protection following digging, carelessness while in transit, or improper handling or storage shall be cause for rejection. All plants shall be kept moist, fresh, and protected. Such protection shall encompass the entire period during which the plants are in transit, being handled, or are in temporary storage. F. Where excavating, fill, or grading is required within the branch spread of trees that are to remain, the work shall be performed as follows. 1. Trenching: When trenching occurs around trees to remain, the tree roots shall not be cut but the trench shall be tunneled under or around the roots by careful hand digging and without injury to the roots. 2. Raising Grades: When the existing grade at tree is below the new finished grade, and fill not exceeding 16 inches is required, clean, washed gravel graded from 1 to 2 inches in City of Fayetteville 07/14/99 Page 02900-6 1 II H I I I I El I C] I El I I I I size shall be placed directly around the tree trunk. The gravel shall extend out from trunk on all sides a minimum of 18 inches and finish approximately 2 inches above the finished grade at tree. Install gravel before any earth fill is placed. New earth fill shall not be left in contact with the trunks of any trees requiring fill. Where fill exceeding 16 inches is required, a dry laid tree well shall be constructed around the trunk of the tree. The tree well shall extend out from the trunk on all sides a minimum of 3 feet and to 3 inches above finish grade. Coarse grade rock shall be placed directly around the tree well extending out to the drip line of the tree. Clean, washed gravel graded from 1 to 2 inches in size shall be placed directly over the coarse rock to a depth of 3 inches. Approved backfill material shall be placed directly over the washed gravel to desired finished grade. 3. Lowering Grades: Existing trees in areas where the new finished grade is to be lowered shall have regrading work done by hand to elevation as indicated. Roots as required shall be cut cleanly 3 inches below finished grade and scars covered with tree paint. 4. Trees marked for preservation that are located more than 6 inches above proposed grades shall stand on broad rounded mounds and be graded smoothly into the lower level. Trees located more than 16 inches above proposed grades shall have a dry laid stone wall, or other retaining structure as detailed on the plans, constructed a minimum of 5 feet from the trunk. Exposed or broken roots shall be cut clean and covered with topsoil. 3.3 PLANTING COORDINATION A. Inform Engineer of the date when the planting shall commence and of the anticipated delivery date of the material. B. Failure to notify Engineer in advance of order to arrange proper scheduling may result in loss of time or rejection of a plant or plants not installed as specified or directed. 3.4 DIGGING AND HANDLING A. Bare rooted shrubs shall be dug with adequate fibrous roots. Roots of these plants shall be covered with a uniformly thick coating of mud by being puddled immediately after they are dug, or packed in moist straw, or moss. B. Balled and burlapped plants shall be dug with firm natural balls of earth of sufficient diameter and depth to include most of the fibrous roots. C. Roots or balls of all plants shall be adequately protected at all times from the sun and from drying winds. D. All balled and burlapped plants which cannot be planted immediately upon delivery shall be set on the ground and shall be well protected with soil, wet moss or other acceptable material. Bare rooted plants which cannot be planted immediately shall be heeled -in upon delivery. All shall be kept moist. City of Fayetteville 07/14/99 Page 02900-7 Li L 3.5 3.6 E. Bundles of plants shall be opened and the plants separated before the roots are covered. Care shall be taken to prevent air pockets among the roots. During planting operations, bare roots shall be covered with canvas, hay or other suitable material. No plant shall be bound with wire or rope at any time so as to damage the bark or break the branches. FERTILIZING A. Grass or sodded areas shall have fertilizer applied in two applications with a thorough watering immediately following application. The first application shall be one week before the seeding at the rate of 35 pounds per 1,000 square feet harrowed into the top 2 inches of seed bed. The second application shall be done at the rate of 25 pounds per 1,000 square feet, immediately following the second mowing. TREES AND SHRUB PLANTING OPERATIONS A. Planting operations shall be performed at a steady rate of work unless weather conditions make it impossible to work. No plant material shall be planted in frozen ground. B. Provide sufficient tools and equipment required to carry out the planting operation. C. Plants too large for two men to lift in and out of holes shall be placed with a sling. Do not rock trees in holes to raise. D. Soil mix for plant holes is specified in Paragraph 2.2. E. If rock or other underground obstruction is encountered, Engineer may require plant pits to be relocated, the pits enlarged or the plants deleted from the Work. F. Locations containing unsuitable subsoil shall be treated in one of the following manners. Where unsuitability within the construction site is deemed by Engineer to be due to excessive compaction caused by heavy equipment or by the presence of boards, mortar, concrete or other construction materials in sub -grade, and where the natural subsoil is other than AASHTO classification of A6 or 7, loosen such areas with spikes, dicing, or other means to loosen the soil to a condition suitable for planting. Remove all debris and objectionable material. Soil should be loosened to a minimal depth of 12 inches with additional loosening as required to obtain adequate drainage. Introduce peat moss, sand, or organic matter into the subsoil to obtain adequate drainage if desired. Such remedial measures shall be considered as incidental to the work and no extra payment shall be made for this part of the work. 2. Where sub -grade is deemed by Engineer to be unsuitable because the natural subsoil falls into an AASHTO classification of A6 or 7 and contains moisture in excess of 30 percent, then such a condition shall be rendered suitable by installation of a sub -drainage system or by other means described elsewhere in these specifications. Where such conditions I I I I I I 7 I L I L I E H City of Favetteville 07/14/99 Page 02900-8 , J I I El I H. Holes for trees shall be at least 2 feet greater in diameter than the spread of the root system and ' as deep as the root ball. Holes for shrubs and vines shall be at least 12 inches greater in diameter than the spread of the root system and at least as deep as the root ball. ' I. To the topsoil in the backfilling of tree holes and shrub beds, there shall be added as the progress ofthe work permits, manure as herein specified, ground limestone ifsoil tests indicate ' it is needed, and commercial fertilizer at the rate of 3 pounds for tree up to 3 inches in caliper, 1 pound per 1 inch in caliper for larger trees, 6 ounces for small shrubs and 8 ounces for each shrub 4 feet or greater. Ground limestone and manure shall be omitted in the case of acid soil ' plants. The manure, limestone and fertilizer shall be thoroughly mixed with the topsoil in the planting operation, care being taken that the manure does not come in immediate contact with the roots. have not been known or revealed prior to planting time and where they have not been recognized in the preparation of Contract Document, then Engineer shall issue a change order to install the proper remedial measures. G. Adjustments in locations and outlines shall be made as directed. In the event that pits or areas for planting are prepared and backfilled with topsoil to grade prior to commencement of lawn operations, they shall be so marked that when the work of planting proceeds, they can be readily located. In case underground obstructions such as ledges or utilities are encountered, location shall be changed under the direction of Engineer without charge. I I I lI I 1 1 I I J. Plants shall be planted in the center of the holes and at the same depth as they previously grew. Loam shall be backfilled in layers of not more than 8 inches and each layer watered sufficiently to settle before the next layer is put in place. Loam shall be tamped under edges of balled plants. Enough topsoil shall be used to bring the surfaces to finish grade when settled. A saucer shall be provided around each plant as shown on the Drawings. 2. Plants shall be soaked with water twice within the first 24 hours of time of planting. Water shall be applied with low pressure so as to soak in thoroughly without dislodging the topsoil. 3. Approved weed mat shall be placed under all areas to be covered with mulch. Secure weed mat in place with a soil anchor, then cover with mulch. 4. A 3 inch layer (after settlement) of mulch or approved equal shall be applied directly on top of weed mat to the entire area of each saucer or planting bed. 3.7 PLANT BED EXCAVATIONS A. Excavate tree pits and plant beds to the depth indicated on the Drawings. City of Fayetteville 07/14/99 Page 02900-9 I 3.8 MAINTENANCE DURING CONSTRUCTION A. Maintenance shall begin immediately after planting. Plants shall be watered, mulched, weeded, pruned, sprayed, fertilized, cultivated, and otherwise maintained and protected until provisional acceptance. Settled plants shall be reset to proper grade and position, planting saucer restored and dead material removed. Stakes and wires shall be tightened and repaired. Defective work shall be corrected as soon as possible after it becomes apparent and weather and season permit. B. If a substantial number of plants are sickly or dead at the time of inspection, acceptance shall not be granted. Maintenance of plants shall then be extended until replacements are made. C. Replacements shall be plants of the same kind and size indicated on the Plant List on the Drawings. They shall be furnished and planted as specified above at no additional cost to Owner. Replacements resulting from removal, loss, or damage due to occupancy of the project in any part, vandalism, physical damage by animals, vehicles, etc., and losses due to curtailment of water by local authorities shall be approved and paid for by Owner. D. Plants shall be guaranteed for a period of one year after inspection and provisional acceptance. E. At the end of the Establishment Period, inspection shall be made again. Any plant required under this contract that is dead or unsatisfactory to Owner shall be removed from the site. These shall be replaced during the normal planting season. ' 3.9 SEEDING A. All exterior ground within the limit of contract, except surfaces occupied by buildings and structures and paving, except areas indicated to be undisturbed, shall be seeded or planted as indicated on the Drawings. B. Furnish topsoil, finish grading, prepare seed bed, seed and maintain areas as indicated on the Drawings. Special attention must be given to those areas of slope greater than 3:1. Notify Engineer if extreme slopes present difficulty in bed preparation, top soil placement or materials prescribed. C. Seed Bed Preparation - Grade areas to finish grades, filling as needed or removing surplus dirt and floating areas to a smooth, uniform grade as indicated on grading plans. All lawn areas shall slope to drain. Where no grades are shown, areas shall have a smooth and continual grade between existing or fixed controls (such as walks, curbs, catch basin, elevational steps or building) and elevations shown on the Drawing. Roll, scarify, rake and level as necessary to obtain true, even lawn surfaces. Finish grades shall meet approval of Engineer before grass seed is sown. Loosen soil to a depth of 6 inches in lawn areas by approved method of scarification and grade to remove ridges and depressions. Remove stones or foreign matter over 2 inches in diameter from the top 2 inches of soil. Float lawn areas to approximately finish grades. City of Fayetteville 07/14/99 Page 02900-10 I I I I I I Hi I I I I H I I I D. Seed beds should be permitted to settle or should be finned by rolling before seedings are made. E. Seeding shall not be performed in windy weather. F. Seeding shall be done in two directions at right angles to each other. G. Lawn areas shall be seeded by sowing evenly with an approved mechanical seeder at the rate of a minimum of 5 pounds per 1,000 square feet. Culti-packer or approved similar equipment may be used to cover the seed and to form the seed bed in one operation. In areas inaccessible to culti-packer, the seeded ground shall be lightly raked with flexible rakes and rolled with a water ballast roller. After rolling, seeded areas are to be lightly mulched with wheat straw. Wheat straw shall not be secured in place with an asphalt emulsion or other petroleum based product. H. If the project completion date prohibits in -season planting, prepare for out -of -season seeding or sodding so that lawns shall be completed and ready for acceptance at time of project completion, without additional cost to Owner. Lawn maintenance shall be the same as for other planting. I. Maintain lawns for at least 30 days after sodding and 60 days after seeding, or as long as is necessary to establish a uniform stand of the specified grasses, or until substantial completion of the project or until acceptance of lawns, whichever is later. J. In the event that lawn operations are completed too late in the Fall for adequate germination and growth, maintenance shall continue into the following growing season or until a uniform stand of the specified grasses has been established. K. Water seeded areas twice the first week to a minimum depth of 6 inches with a fine spray and once per week thereafter as necessary to supplement natural rain to the equivalent of 1 inch or to a 6 inch depth. L. The surface layer of soil for seeded areas must be kept moist during the germination period. After first cutting, water as specified above. M. Make weekly inspections to determine the moisture content of the soil and adjust the watering schedule established by the irrigation system installer to fit conditions. N. After grass growth has started, all areas or parts of areas which fail to show a uniform stand of grass for any reason whatsoever shall be reseeded in accordance with the Drawings and as specified herein. Such areas and parts of areas shall be reseeded repeatedly until all areas are covered with a satisfactory growth of grass at no additional cost to Owner. O. Watering shall be done in such a manner and as frequently as is necessary to assure continued growth of healthy grass. Water in such a way as to prevent erosion due to excessive quantities City of Fayetteville 07/14/99 Page 02900-11 [1 I applied over small areas and to avoid damage to the finished surface due to the watering equipment. � P. Water for the execution and maintenance of this work shall be provided by the Contractor. Q. Mowing of the seeded areas shall be initiated when the grass has attained a height of 1' /2 to 2 inches. Grass height shall be maintained between 1 and 1'h inches at subsequent cuttings depending on the time of year. Not more than 1/3 of the grass leaf shall be removed at any cutting and cutting shall not occur closer than 10 days apart. R. When the amount of grass is heavy, it shall. be removed to prevent destruction of the underlying turf. If weeds or other undesirable vegetation threaten to smother the planted species, such vegetation shall be mowed or, in the case of rank growths, shall be uprooted, raked and removed from the area. S. Protect seeded area against trespassing while the grass is germinating. Furnish and install fences, signs, barriers or any other necessary temporary protective devices. Damage resulting from trespass, erosion, washout, settlement or other causes shall be repaired at no expense to Owner. T. Remove fences, signs, barriers or other temporary protective devices after final acceptance. End of Section 02900 I I r, E F City of Fayetteville 07/14/99 Page 02900-12 1 I Section 03210 ' REINFORCING STEEL Part 1 - GENERAL 1.1 SCOPE A. This Section covers the work necessary to furnish and install, complete, the reinforcing steel and welded wire fabric. ' 1.2 GENERAL A. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL ' REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. I1.3 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS. 1. Bending Lists 2. Placing Drawings Part 2- MATERIALS 2.1 DEFORMED REINFORCING BARS E I A. Deformed billet -steel bars conforming to ASTM A615, Grade 60, unless otherwise noted. 2.2 WELDED WIRE FABRIC A. See Drawings to determine size used, if applicable. ' 2.3 ACCESSORIES [.1 I I A. Tie wire shall be 16 -gauge, black, soft -annealed wire. Bar supports shall be of proper type for intended use. Bar supports in beams, columns, walls, and slabs exposed to view after stripping shall be small rectangular concrete blocks made up of the same color and same strength concrete being placed around them. Use concrete supports for reinforcing in concrete placed on grade. Conform to requirements of "Placing Reinforcing Bars" published by CRSI. City of Fayetteville 07/16/99 Page 03210-1 II Part3 - EXECUTION 3.1 GENERAL A. Conform to "Placing Reinforcing Bars", Recommended Practices, Joint Effort of CRSI-WCRSI, prepared under the direction of the CRSI Committee on Engineering Practice. B. Notify the Engineer when reinforcing is ready for inspection and allow sufficient time for this inspection prior to casting concrete. 3.2 DELIVERY AND STORAGE ' A. Deliver steel with suitable hauling and handling equipment. Tag steel for easy identification. Store to prevent contact with the ground. The unloading, storing, and , handling bars on the job shall conform to CRSI publication "Placing Reinforcing Bars". 3.3 PLACING REINFORCING STEEL - CLEANING , A. Clean metal reinforcement of any loose mill scale, oil, earth and other contaminants. 3.4 STRAIGHTENING AND REBENDING REINFORCING STEEL A. Do.not straighten or rebend metal reinforcement. Where construction access through ' reinforcing is a problem, bundling or spacing of bars instead of bending shall be used. Submit details and obtain Engineer's review prior to placing. 3.5 PROTECTION, SPACING, AND POSITIONING OF REINFORCING STEEL A. Conform to the current edition of the ACI Standard Building Code Requirements for ' Reinforced Concrete (ACI 318), reviewed placing drawings and design drawings. 3.6 REINFORCING STEEL - LOCATION TOLERANCE A. Conform to the current edition of "Placing Reinforcing Bars" published by Concrete Reinforcing Steel Institute and to the Details and Notes on the Drawings. 3.7 SPLICING A. Conform to Drawings and current edition of ACI Code 318. Splices in adjacent bars shall be staggered. City of Fayetteville 07/16/99 Page 03210-2 1 II 3.8 TYING DEFORMED REINFORCING BARS II I 17 I7 L 1 I I [] I I I [1 I I A. Conform to the current edition of "Placing Reinforcing Bars" published by Concrete Reinforcing Steel Institute and to the Details and Notes on the Drawings. 3.9 REINFORCEMENT AROUND OPENINGS A. Place an equivalent area of steel around the pipe or opening and extend on each side sufficiently to develop bond in each bar. Where welded wire fabric is used, provide extra reinforcing using fabric or deformed bars. 3.10 WELDING REINFORCEMENT _ - A. Welding shall not be permitted unless the Contractor submits detailed shop drawings, qualifications, and radiographic nondestructive testing procedures for review by the Engineer. The Contractor shall obtain the results of this review prior to proceeding. The basis for the Contractor submittals shall be The Structural Welding Code, Reinforcing Steel, AWS D1.4-79, published by the American Welding Society and the applicable portions of ACI 318, current edition. The Contractor shall test 10 percent of all welds using radiographic, nondestructive testing procedures referenced in this code. 3.11 PLACING WELDED WIRE FABRIC A. Welded wire fabric shall be placed at mid -depth of slab. Do not leave on ground. 3.12 FIELD BENDING A. Field bending of reinforcing steel bars is not permitted when rebending will later be required to straighten bars. Rebending of bars at the same place where strain hardening has taken place due to the original bend will damage the bar. Consult with the Engineer prior to any pour if the contractor foresees a need to work out a solution to prevent field bending. 3.13 PAYMENT A. Payment for the work in this Section will be included as part of the applicable Concrete structure bid item stated in the Contractor's Proposal. No separate payment will be made of reinforcing steel. City of Fayetteville End of Section 03210 07/16/99 Page 03210-3 I C Section 03316 MISCELLANEOUS CONCRETE WORK Part 1- GENERAL ' 1.1 SCOPE A. This section covers cast in place concrete and reinforcing steel used in the construction of drop inlets, headwalls, drainage structures, curb and gutter, sidewalks and access ramps, ditch ' paving, manhole adjustments, water valve adjustments, thrust blocks, pipe bedding, concrete pads around valve and meter boxes, guard rail footings, and concrete encasement. This section also includes flowable fill for pipe trenches. ' 1.2 RELATED WORK f • A. Quality control is specified in Section 01400. B. Cast -in -place manholes are specified in Section 02601. C. Fire hydrant blocking is specified in Section 02644. D. Pipe laying and encasement is specified in Section 02600. E. Storm sewer system is specified in Section 02720. F. Guard rails is specified in Section 02805. E. Utility sleeves is specified in Section 02605. 1.3 REFERENCES A. ASTM Standards ' 1. A 185, "Steel Welded Wire Fabric, Plain, for Concrete Reinforcement" 2. A 615, "Deformed and Plain Billet Steel for Concrete Reinforcement" 3. C 31, "Standard Method of Making and Curing Concrete Test Specimens in the ' Field" 4. C 33, "Concrete Aggregates" 5. C 39, "Standard Test Method for Compressive Strength of Concrete" ' 6. C 143, "Standard Test Method for Slump of Portland Cement Concrete" 7. C 150, "Standard Specification for Portland Cement" 8. C 172, "Standard Method of Sampling Fresh Concrete" 9. C 231, "Standard Test_ Method for Air Content of Freshly Mixed Concrete by the Pressure Method" 10. C 260, "Air Entraining Admixtures for Concrete" City of Fayetteville 09/2/99 Page 03316-1 1.4 SUBMITTALS A. Submittals are not required for concrete work unless requested by Engineer. If requested, submit drawings and data as follows. It is anticipated that these will only be required to be submitted if field observations indicate to Engineer that the Work is not progressing according to the Contract Documents. . 4 1. Manufacturer's data for reinforcing steel. 2. Manufacturer's data for admixtures and curing compound. 3. Mix design for concrete and flowable fill. 4. Reinforcing placement drawings. 1.5 QUALITY ASSURANCE A. Concrete shall be provided by a ready mix plant that has been in operation sufficient time to have a proven record of supplying concrete mixtures that perform satisfactorily. Ready mix plant shall have a current AHTD approval. B. Concrete work, including formwork and reinforcing steel placement, shall be accomplished by workers experience in the type of work being performed. Part 2- PRODUCTS 2.1 CEMENT A. Cement shall be Portland Cement conforming to the requirements of ASTM C 150, Type I or IA. Type III or lIIA Portland Cement, high early strength, may be used if approved by Engineer; any extra cost will be borne by Contractor. 1 L I 1• C City of Fayetteville 09/2/99 Page 03316-2 2.2 AGGREGATE A. Coarse aggregates shall consist of crushed stone or gravel and shall comply with the following grading requirements when tested according to AASHTO T 27: Class A. B. or Special Concrete: Sieve Percent Passing 1¼" 100 1" - %it 35-75 - 3/e" 10-30 #4 0-5 #8 - B. Fine aggregates shall consist of clean, sound, sand conforming to ASTM C 33, and graded as follows: Sieve 3/8" #4 #8 #16 #30 #50 #100 2.3 WATER Percent Passing 100 95-100 70-95 45-85 20-60 5-30 0-5 A. Water used in mixing concrete and mortar shall be potable water and shall be free from injurious amounts of acids, alkalies, oils, sewage, and organic matter. 2.4 REINFORCING STEEL A. Reinforcing steel shall be either deformed bars or welded wire fabric, as indicated on the Drawings. The steel shall conform to the following. Deformed bars ASTM A 615, Grade 60 Welded wire fabric ASTM A 185, Grade 65 City of Fayetteville 09/2/99 Page 03316-3 I I 2.5 CURING COMPOUND A. W.R. Meadows 1600 White, or an approved equal. 2.6 CONCRETE COMPOSITION AND STRENGTH REQUIREMENTS 1 A. Concrete shall be either Class A or Class B, and shall be composed of Portland cement, fine and coarse aggregate and water proportioned in keeping with the following: Note: Concrete other than Class A or Class B are not listed below and shall be noted on the drawings and those mixes shall have a mix design submitted that will meet the specified minimum compressive strength and/or other specified requirements. Minimum Sacks of Cement (per Cubic Yard) Max Water (gallons per sack) Slump (inches) Class "A" Concrete 5.5 0 2 -4 (w/ vibration) 1 - 2 (for construction with extrusion machine) Class "B ". Concrete 5 6 2 - 4 (wl vibration) 1 -2 (for construction with extrusion machine) Air Entrainment (percent) 5.5 +/- 1.5 5.5 +/- 1.5 Water -cement ratio shall not exceed 0.49. Flowable Fill Minimum Cementious Material (lb) 300 total Cement (80-100) / Fly Ash (220-300) 1 (per Cubic Yard) Sand Variable to equal one cubic yard Water Approximately 65 gallons ' Air Entrainment (percent) 15+1- 1.5 1 B. Air -entraining agents, if used, shall conform to ASTM C 260. The total air content (entrained and entrapped air) shall be 5.5 percent plus or minus 1.5 percent for concrete and 15 percent plus or minus 1.5 for flowable fill. C. Proportioning of concrete shall be by weight except that water may be measured by volume. A one cubic foot sack of Portland Cement will be considered as weighing 94 City of Fayetteville 09/2/99 Page 03316-4 I I I I I I I I pounds. D. Class A concrete made with ordinary Portland cement shall have aminimum compressive strength at 28 days of 3500 psi. Class B concrete made with ordinary Portland cement shall have a minimum compressive strength at 28 days of 3000 psi. If made with high early strength cement, those strengths shall be attained at the end of 7 days. Other strengths may be specified on Drawings or in these specifications. Flowable fill shall have a minimum compressive strength at 28 days of 200 psi and shall meet the requirements of AHTD Section 206. 2.7 JOINT COMPOUNDS A. Expansion joints: asphalt impregnated fiberboard, meeting requirements of AASHTO M 213. Expansion joints shall be left /2" lower than grade or trimmed '/2" lower and filled with silicone sealer or other sealer approved by the Engineer to finish grade. B. Contraction (i.e. saw cut) joints: one part silicone formulation that does not require a primer for bond to concrete. Compound shall be compatible with concrete. Acetic acid cure sealants are not acceptable. Provide product of a manufacturer listed on the AHTD approved materials provider list. Part 3- EXECUTION 3.1 REINFORCING STEEL A. Steel reinforcing 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 Drawings and with rebar detail drawings, and properly secured in position. 3.2 READY -MIX CONCRETE A. Ready -mix concrete shall be delivered and placed within one hour after all materials, including mixing water, shall have been placed in the mixing drum. Each batch shall be accompanied by a load ticket with a copy for Engineer showing the concrete type, mixing proportions, and time mixing began. ' 3.3 VIBRATION H I I City of Fayetteville I A. Structural concrete shall be compacted by vibration as it is placed. 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 provide satisfactory consolidation without causing segregation. The vibrator shall not be inserted into lower courses previously vibrated. Vibrators shall be applied in a substantially vertical position and at 09/2/99 Page 03316-5 uniformly spaced points not further apart than the visible effectiveness of the vibrator. Vibration shall be supplemented by such spading as Engineer may require. Concrete in pipe foundations need not be vibrated if other methods produce satisfactory results. Slump of concrete shall be the minimum practical. When vibration is used to consolidate concrete, slump shall not exceed 4 inches. 3.4 FINISHING A. Surface finishes shall be classified as follows: Class 1. Ordinary- Surface finish.-:.- Class 2. Rubbed finish. Class 3. Sprayed finish. Class 4. Exposed Aggregate finish. Class 5. Tined Concrete Pavement. Class 6. Broomed finish. B. All concrete shall be given a Class I finish. Immediately following the removal of forms, fins and irregular projections shall be removed from all surfaces. On all surfaces, the cavities produced by form ties and all other holes, broken comers or edges, and other defects shall be thoroughly cleaned, and patched. In addition, further finishing may be required as specified. C. All exposed surfaces of structures shall be given a Class 2 finish. D. Curb and gutter, integral curb, drop inlet tops, sidewalk, access ramps, driveways, medians and ditch paving shall be given a Class 6 finish. E. Concrete pavement shall be given a Class 5 finish. F. Drive and street repairs shall be finished to match existing drives and streets. 3.5 CURING A. Immediately after placement, protect concrete from premature drying, excessively hot or cold temperatures, and mechanical injury. ' B. Cure concrete for at least 7 consecutive days. Cure unformed surfaces by one or the following methods. 1. Cover surface with moist fabric so that a film of water remains on the surface throughout the curing period. , 2. Cover surface with curing paper and seal with tape. 3. Apply a uniform coat of liquid curing and sealing compound in accordance with manufacturer's instructions. City of Fayetteville 09/2/99 Page 03316-6 I 3.6 I I I G CURB AND GUTTERS A. Shape subgrade to required depth below finished surface, and compact to a firm, even surface. Remove soft and yielding areas and replace with suitable material and compact. Proof roll as specified in section 02220. Spread base course material as indicated on the Drawings. B. Construct forms of metal or wood, free from warp, and of sufficient strength to resist springing during concrete pouring. Stake and brace and hold firmly to required lines and grades. Clean and oil forms before concrete is placed. Face forms or templates matching the shape of the planned curb are required when an extrusion machine is not used. C. Curb and gutters shall be poured as a monolithic structure, according to the lines and grades and details indicated on the Drawings. A combination of extrusion machine and hand pouring shall be used as best suits the Work. Extrusion machine shall be the type that can be adjusted to provide the types and dimensions of curbs indicated on the D. Vibrate and spade until mortar entirely covers the surface. Finish smooth and even by means of a wooden float. Round edges as indicated on the Drawings while concrete is still plastic. Remove face forms as soon as practicable. Finish face by rubbing with a wood float until it is smooth, then brush finish with a broom. Plastering will not be permitted. Fill minor defects with cement mortar applied with a wood float. E. Install expansion joints in curb and gutters at stationary structures and at ends of curb I returns. Expansion joints shall be '/2 inch thick and shall be filled with joint filler shaped to the cross section of the curb and constructed at right angles with the curb line. Saw cut contraction joints every 15 feet, to be 1/8 to 3/8 inch by 1-1/2 inches. Saw cut at right angles to curb line. Fill with joint seal: F. Cure as described elsewhere in this section. G. Maximum variation from indicated grades shall be 3/8 inch in 10 feet. 3.7 SIDEWALKS AND ACCESS RAMPS IIA. Excavate or fill subgrade to the required grade. Remove soft and yielding material and replace with suitable material and compact entire subgrade. Proof roll as specified in section 02220. B. Construct forms of metal or wood, free from warp, and of sufficient strength to resist I' springing during concrete pouring. Stake and brace and hold firmly to required lines and grades. Clean and oil forms before concrete is placed. Face forms or templates matching the shape of the planned curb are required when an extrusion machine is not used. City of Fayetteville 09/2/99 Page 03316-7 I' C. Construct concrete sidewalks and access ramps according to the lines, grades, and details indicated on the Drawings. As far as practical, sidewalks shall be continuously poured. Access ramps shall be poured monolithically. Consolidate concrete material to prevent honeycombing. Strike off top with a straightedge and tamp or vibrate sufficiently to bring mortar to surface. D. Sidewalks and access ramps shall have a non -slip broom finish. E. Provide tool joints, saw joints, and expansion joints where indicated on the Drawings. Expansion joints shall be at least''/s inch wide, spaced as indicated on the Drawings and between sidewalk and all stationary structures. --Fill with joint filler. Provide '/2 inch expansion joint material (AASHTO M 213) between curb and sidewalk, and between curb and access ramp. 3.8 DRAINAGE STRUCTURES A. Reinforced box culverts, retaining walls, drop inlets, junction boxes, drop inlet extensions, headwalls, and other drainage structures shall be constructed with reinforced concrete, as shown on the Drawings. B. Concrete shall not be placed until the Engineer or Engineer's representative has observed the forms and placement of reinforcement. C. The concrete floors of nonmonolithic structures shall be placed at least 24 hours before beginning construction of the walls. A longer period of time may be required if weather conditions make it necessary. D. Curing is described in 3.5. E. Walls shall be constructed to form a tight joint with the floor and around pipes. Pipes shall be cut flush with the inside surfaces of the wall. F. Faces of drop inlets and drop inlet extensions shall match the curb face slope and alignment. Box culverts headwalls shall be parallel with the road centerline. Box culvert wingwall alignment and/or dimensions may vary from the Plans to best fit field conditions. G. The rings of frames shall be set accurately to the finished elevations so that subsequent adjustments will be not necessary. H. Backfill for drop inlets, extensions, and headwalls may be permitted after concrete has cured for 48 hours and concrete has attained 75% of the minimum compressive strength, if the Contractor takes responsibility for the structure maintaining its integrity. Otherwise, backfill may commence when concrete test cylinders attain the minimum compressive strength for that structure. Backfill within the roadway embankment and City of Fayetteville 09/2/99 Page 03316-8 , I immediately adjacent to bridge abutments, culverts, retaining walls, or other places inaccessible to rollers, shall be placed in approximately 6" horizontal layers, loose ' measurement, at near optimum moisture content and compacted with mechanical equipment to 95% of the maximum density as determined by AASHTO T 99. The specified density will not be required immediately adjacent to wingwalls of box culverts. The backfill in front of such units shall be placed first to prevent the possibility of forward movement. Special precautions shall be taken to prevent wedging action against the concrete, and the slope bounding the excavation for abutments and wingwalls shall be stepped or roughened to prevent wedge action. No backfill shall be placed against abutments, retaining walls, or box culverts until the ' concrete has cured for at least 14 days or until test cylinders show the minimum strength has been obtained. II. Structures shall be cleaned of any accumulation of silt, debris, or foreign matter of any kind, and shall be reasonably free of such accumulations during construction and at job completion. J. Drop inlets shall steps when height measurement form the footing to the top the structure ' (top of ring and lid) is four feet or more. These steps shall be ICM S-700 (Polypropylene Plastic), or approved equal. 3.9 DRIVEWAYS & MEDIANS A. Portland cement concrete driveways and medians shall be constructed in one course ' on the prepared subgrade or on a completed and accepted base course or asphalt course in accordance with these specifications and in conformity with the lines, grades, thickness, and detail /typical cross section shown on the Drawings. I I I Li I City of Fayetteville I B. Expansion material shall be placed between the curb and driveway and any existing portion of driveway. The joint filler shall be /2 inch thick and meet the requirements of AASHTO M 213. The top '/x inch of the expansion joint shall be filled with silicone sealer, or other sealer approved by the Engineer flush, with the surface. C. Curing is described in 3.5. D. Forms shall be constructed of metal or wood, free from warp, and of sufficient strength to resist springing during the process of depositing concrete. They shall be securely staked, braced, set, and held firmly to the required line and grade. Forms shall be cleaned and oiled before concrete is placed against them. E. The concrete shall be deposited in the forms upon a wetted subgrade to such depth that when it is compacted and finished, the top will be the required elevation. The concrete shall be thoroughly compacted and the edges along the forms spaded to prevent honeycomb. The top shall be struck off with a straightedge and tamped sufficiently to 09/2/99 Page 03316-9 U 1 flush mortar to the surface, after which it shall be finished with a float to a smooth and even surface. Edges shall be rounded with a 1'/2 inch radius edger. 3.10 DITCH PAVING A. Concrete ditch, paving shall be accordance with these specifications and in conformity with the locations, lines, and grades shown on the Drawings, or as directed. B. The subgrade shall be excavated or filled to the required grade. Soft and yielding material shall be removed and replaced with suitable material and the entire subgrade shall be thoroughly compacted.. - ..,.-----.-._ __.. C. Forms shall be constructed of metal or wood, free from warp, and of sufficient strength to resist springing during the process of depositing concrete. They shall be securely staked, braced, set, and held firmly to the required line and grade. Forms shall be cleaned and oiled before concrete is placed against them. D. The concrete shall be deposited in the forms upon a wetted subgrade to such depth that when it is compacted and finished, the flow line shall be at the required elevation and the sides at required widths, slopes, and thicknesses. The concrete shall be thoroughly compacted and the edges along the forms spaded to prevent honeycomb. The flow lines and sides shall be struck off with a straightedge and tamped sufficiently to flush mortar ' to the surface, after which it shall be finished with a wood float to a smooth and even surface. The final surface shall be broomed. Edges shall be rounded with a'/2 inch radius ' edger. E. Transverse joints shall be sawn at ten foot intervals measured longitudinally along the , flow line. The depth of the joints shall be 1 1/4 inch. F. Immediately after the forms have been removed, the spaces on each side of the paving shall be backfilled with suitable material and compacted with mechanical equipment. Two feet of solid sodding shall be placed adjacent to the ditch. G. When a section of ditch paving tenninates at a structure, a'/2 inch thick expansion joint conforming to AASHTO M 213 shall be provided. Expansion material shall be provided at 50 foot intervals. This expansion material shall be constructed a'/2 inch below surface and this '/2 inch shall be filled with one part silicone joint sealant. 3.11 UNDERDRAIN OUTLET PROTECTORS ' A. The foundation shall be prepared to the required depth, forms set rigidly to the line and grade designated, and the concrete place, spaded, vibrated, and finished with a wood float to a true and even surface. When completed, the concrete shall be cured as specified. B. The outlet protector shall be placed in such a manner that the underdrain lateral has a City of Fayetteville 09/2/99 Page 03316-10 ' I uniform slope to ensure proper drainage. Abrupt changes in slope along any portion of the lateral will not be permitted. 3.12 FIELD QUALITY CONTROL IA. Testing of concrete in the field, either as poured or after setting or curing shall be as required by Engineer. The cost of all testing to demonstrate compliance with the specifications shall as indicated in Section 01400. B. Cooperate with testing laboratory personnel to take and properly handle field samples. ' C. Composite samples shall be obtained in accordance with ASTM C 172 D. Mold and laboratory cure three specimens from each test required in accordance with ANSI/ASTM C 31. E. Measure air content in Class A concrete or other specified concrete mix in accordance with ASTM C 231. F. Test the specimens in accordance with ANSI/ASTM C 39. Two specimens shall be tested at 28 days for acceptance and one specimen shall be tested at 7 days for information. For concrete compressive strength tests less than the 7 day (such as for backfilling structures, ' etc.), the Contractor will be responsible for these tests. G. The slump of the normal -weight concrete sample for each strength test shall be 1 determined in accordance with ANSI/ASTM C 143. ' H. Failure of concrete and flowable fill is defined as the average compressive strength of the tested specimens. The strength level of the concrete or flowable fill shall be considered satisfactory if both of the following requirements are met: 1. The average of all sets of three consecutive strength tests equal or exceed the specified compressive strength. ' 2. No individual strength test (average of two cylinders) falls below required compressive strength by more than 500psi. II. Should the test cylinders fail to demonstrate compliance with the specifications, reconstruct the concrete structure at no additional cost to Owner. Contractor shall then be responsible for the expenses involved in re -testing the concrete. J. Testing will be required for every 50 cubic yards of concrete or flowable fill placed or for each day's pour and/or placement whichever is least or as directed by the Engineer or his representative. The cost of all testing made at the request of the Owner will be as indicated in Section 01400. Engineer shall furnish Owner with copies of concrete testing required by Engineer during the course of the Work. City of Fayetteville 09/2/99 Page 03316-11 i I I 3.13 CLEANING A. Clean work areas and all concrete formwork and waste. Waste concrete shall not be disposed of on site except as approved by Engineer. 3.14 WEATHER AND TEMPERATURE LIMITATIONS A. No concrete shall be placed unless the temperature of the concrete is more than 50 degree ' F when placed. If heating of the ingredients is necessary to meet this criterion, it shall be accomplished by a method such as dry heat or steam. Water shall not be heated to more than 180 degree F, and shall be combined with the aggregate before the addition of cement. Frozen aggregates may not be used. B. After concrete is placed, it shall be protected by insulated forms, blankets, enclosing and heating, or any approved method that will maintain 50 degree F temperature for at least 5 days. The Contractor shall have available and ready for immediate use sufficient materials and equipment for maintaining the temperature of the concrete. C. Concrete that has been frozen or damaged due to weather conditions shall be replaced at 1 no additional cost to the Owner I I,I I LI LJ� I I City of Fayetteville 09/2/99 Page 03316-12 3.15 SCHEDULE A. Cast -in -place concrete class is generally indicated on the Drawings for each type of usage. The following schedule will govern where no concrete class is indicated on the Drawings. Class A Class B Curb and Gutter x Sidewalks & Access Ramps x Drainage Structures x Ditch concrete paving x Driveways x Manhole adjustments x Water valve adjustments x Guard rail post holes x Concrete pads x Flared end section wall x Underdrain outlet protector x Thrust blocks x Encasement X Pipe bedding x Reinforced Concrete for Box Culverts, Retaining Walls, Manholes and other Special Structures shall be 4000 psi End of Section 03316 City of Fayetteville 09/2/99 Page 03316-13 SECTION 05500 FABRICATED METALWORK AND CASTINGS PART1. GENERAL 1.1 SUMMARY A. Provide fabricated metalwork and castings. B. Miscellaneous metalwork required to secure the various parts together and provide a complete installation, shall be included under this Section. C. Insofar as practical, products provided shall be factory assembled. 1.2 1.3 RELATED SECTIONS A. Section 09900 - Painting. REFERENCES • A. American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103. '• 1. ASTM A36 - Specification for Structural Steel. 2. ASTM A48 - Specification for Gray Iron Castings. 3. ASTM A153 - Specification for Zinc Coating (Hot -Dip) on Iron and Steel I Hardware. 4. ASTM A167 - Specification for Stainless and Heat -Resisting Chromium -Nickel Steel Plate, Sheet, and Strip. 5. ASTM A193 - Specification for Alloy -Steel and Stainless Steel Bolting Material for High -Temperature Services. ' 6. ASTM A307 - Specifications for Carbon Steel Externally Treated Standard Fasteners. 7. ASTM A325 - Specification for High -Strength Bolts for Structural Steel Joints. ' 8. ASTM A446 - Specification for Steel Sheet, Zinc -Coated (Galvanized) by the Hot - Dip Process, Structural (Physical Quality). 9. ASTM A449 - Specification for Quenched and Tempered Steel Bolts and Studs. ' 10. ASTM A525 - Specification for General Requirements for Steel Sheet, Zinc -Coated (Galvanized) by Hot -Dip Process. 11. ASTM B241 - Specification for Aluminum -Alloy Seamless Pipe and Seamless Extruded Tube. I B. American Welding Society, 550 North West LeJeune Road, Miami, Florida 33126. 1. D1.1 - Structural Welding Code. I 05500 - 1 C. Steel Joist Institute, 1205 48th Avenue N., Suite A, Myrtle Beach, SC 29577. 1. SJI Standard Specification for Open Web Steel Joists, K -Series. 1.4 1.5 SUBMITTALS A. Submit the following in accordance with Section 01001 - Basic Requirements: 1. Shop Drawings, including calculations where required. 2. Test pieces and samples. 3. Certificates, test reports, and other required data. DELIVERY, STORAGE, AND HANDLING A. Parts and assemblies that are of necessity shipped unassembled, shall be packaged and clearly tagged in a manner that will protect the materials from damage, and facilitate the identification and final assembly in the field. PART 2. PRODUCTS 2.1 GENERAL A. Unless otherwise indicated, materials shall conform to latest issue of the following ASTM Specifications: 1. Steel Shapes and Plates: ASTM A36. 2. Stainless Steel: a. Exterior and Submerged: ASTM A167, Type 316. b. Industrial Uses: ASTM A167, Type 316. c. Interior and Architectural: ASTM A167, Type 304. d. Bolts: ASTM A193, Type 316. 3. Aluminum, Structural Shapes and Plates: Alloy 6061-T6; conform to referenced specifications and ASTM sections found in the Aluminum Association current Construction Manual Series. 4. Connection Bolts for Steel Members: ASTM A325 -F. 5. Galvanized Bolts: ASTM A307, ASTM A153. 6. Connection Bolts for Wood Members: ASTM A307. 7. Connection Bolts for Aluminum: ASTM A449; or use appropriate stainless steel. 8. Cast Iron: ASTM A48, Class 30 05500 - 2 1 2.2 ANCHOR BOLTS A. Steel Anchor Bolts (Nonsubmerged Use): 1. 1/2 -inch minimum diameter with hex nuts, or as shown. 2. Bolts and nuts: galvanized steel. B. Coated Steel Anchor Bolts (Submerged Use): Ii. Submerged use is defined as any connection to concrete from a point l'-6" above the maximum water surface in a water -holding basin and any connection below that point. ' 2. ASTM A167, Type 316 stainless steel. 3. 1/2 -inch minimum diameter with hex nuts, or size as shown. 4. Coat as specified in Section 09900, using Fusion Bonded Coating, System ' No. 29. 5. Coating of anchor bolt threads is not required. 6. Where threads are covered with a fusion bonded coating, provide nut of proper size ' to fit, and provide a connection of equal strength to the embedded bolt. C. Machine Anchor Bolts: 1. For equipment with motors 3 HP or greater, fabricate as shown or as required. 2. Size of fastening stud and anchor bolts as required by equipment manufacturer. ' 3. Stainless steel. 2.3 ANCHORING SYSTEMS FOR CONCRETE ' A. Wedge Anchors: 1. Manufacturer: a. ITT Phillips Drill Division, Michigan City, IN. • b. Hilti Kwik-Bolt, stud type, manufactured by Hilti, Inc., Stamford, CT. c. Wej-It, stainless steel bolts, completely assembled, manufactured by Wej-It Corporation, Broomfield, CO. d. Or equal. 2. For use 1'6" above peak water surface in water holding structure. 3. Stainless steel. 4. Sizes shown on Drawings. ' 5. Provide ICBO (International Conference of Building Officials) or other similar building code organization recommendations regarding safe allowable design loads. •' B. Expansion Anchors: 1. Expansion anchors shall not be used except in dry areas where future corrosion is not a problem. ' 2. In wet or damp areas, use wedge anchors or adhesive anchors in submerged conditions. I I 05500-3 it 2.4 2.5 2.6 C. Self -Drilling Anchors: 1. Snap -off type or flush type. 2. For use with hot -dipped galvanized bolts. D. Nondrilling Anchors: 1. Manufacturer: a. ITT Phillips Drill Division, Michigan City, IN. b. Hilti HDI Drop -In anchors, Hilti, Inc., Stamford, CT. c. Or equal. 2. Flush type. 3. For use with bolt or stud type with projecting threaded stud. 4. Provide ICBO or other similar code organizations' recommendations regarding safe allowable design loads. E. Adhesive Anchors: 1. Use for anchoring metal components at or below a point 1'-6" above the peak (maximum) water surface elevations in water holding structures. 2. Parabond capsule anchors with 316 stainless steel stud, nuts, and washers; as manufactured by Molly Division, 504 Mt. Laurel Avenue, Temple, PA 19560. 3. Heavy-duty adhesive anchor with HBP adhesive cartridge with 316 stainless steel anchor rod assembly as manufactured by Hilti, Inc. P.O. Box 45400, Tulsa, Oklahoma 74145, or equal. A. Double rails as shown on Drawings. B. Top rail to be 42 inches above surface (walkway or wall). C. Schedule 40 1 -1/2 -inch aluminum pipe (1.90 inches O.D.), ASTM B241, seamless. D. Connections: Mechanical, splice sleeves, etc., 6063 or 6061 alloy. STRUCTURAL STEEL SUPPORTS A. Provide structural steel supports of sizes and weights shown on Drawings. B. Weld connections unless otherwise shown on Drawings. MACHINE BOLTS, INSERTS, AND FASTENERS A. Machine bolts, inserts, and fasteners permanently embedded in concrete shall be Type 316 stainless steel. 1I it 11 I 05500-4 I B. Machine bolts, inserts, and fasteners not permanently embedded in concrete, but located ' outdoors in wet well floors, walls, and ceilings; chemical handling areas; equipment rooms subject to drainage, leakage, and washdown; and in galleries and trenches, shall be Type 316 stainless steel. PART 3. EXECUTION 3.1 GENERAL IA. Workmanship and finish of metalwork shall be highest grade and equal to the best practice of modem shops for respective work. ' B. Exposed surfaces shall have smooth finish and sharp, well-defined lines. C. Provide necessary rabbets, lugs, and brackets so that work can be assembled in a neat, substantial manner. D. Conceal fastenings where practical. E. Drill metalwork and countersink holes as required for attaching hardware or other materials. F. Fabricate materials as specified. G. Weld connections, except where bolting is directed. H. Items requiring special fabrication methods are specified. I. Fabrication of other items shall be of equal quality. J. Methods of fabrication not otherwise specified or shown on Drawings shall be adequate for the stresses. K. Grind exposed edges of welds smooth on walkways, guardrails, handrails, stairways, channel door frames, steel column bases, and where indicated on Drawings. L. Sharp edges shall be rounded to a 1/8 -inch minimum radius; burrs, jagged edges, and surface defects shall be ground smooth. M. Prepare welds and adjacent areas such that there is: 1. No undercutting or reverse ridges on weld bead. 2. No weld spatter on or adjacent to weld or any other area to be painted. 3. No sharp peaks or ridges along weld bead. ' 05500-5 N. Grind flush embedded pieces of electrode or wire with adjacent surface of weld bead. 3.2 3.3 ALUMINUM A. Fabricate aluminum as shown on Drawings and in accordance with Aluminum Association Standards and manufacturer's recommendations as approved. B. Do not remove mill markings from concealed surfaces. C. Exposed surfaces not otherwise coated shall have the inked or painted identification marks removed after material has been inspected and approved by Engineer. D. Grind smooth sheared edges exposed in the finished work... E. Weld aluminum Gas Metal Arc (MIG) or Gas Tungsten Arc (TIG) processes in accordance with manufacturer's recommendations as approved, and in accordance with recommendations of American Welding Society contained in the Welding Handbook, as last revised. F. Grind smooth exposed aluminum welds. WELDING A. The technique of welding employed, appearance, quality of welds made, and methods of correcting defective work shall conform to codes for Arc and Gas Welding in Building Construction of AWS and AISC. B. - Surfaces to be welded shall be free from loose scale, rust, grease, paint, and other foreign material, except that mill scale which will withstand vigorous wire brushing may remain. C. A light film of linseed oil may likewise be disregarded. D. No welding shall be done when the temperature of the base metal is lower than 0 degrees F. E. Finished members shall be true to line and free from twists. F. Welding operators shall be qualified in accordance with requirements of current AWS Standard Qualification Procedure Dl.l, Chapter 5, and welders of structural and reinforcing steel shall be certified for all positions of welding in accordance with such procedure. Qualification tests shall be run by a recognized testing laboratory at Contractor's expense. i 05500 - 6 I G. Welding operators shall be subject to examination for requalification using equipment, 'materials, and electrodes employed in execution of Contract work. Requalification, if ordered by Engineer, shall be done at expense of Contractor. 3.4 INSTALLATION OF FABRICATED METALWORK A. Perform erection work by skilled workmen. B. Completed installations shall, in all cases, be rigid, substantial, and neat in appearance. C. Install commercially manufactured products in accordance with manufacturer's recommendations as approved. 3.5 ANCHOR BOLTS IA. Accurately locate anchor bolts and hold in place with templates at time concrete is poured. 3.6 EXPANSION ANCHORS OR WEDGE ANCHORS A. Installation shall not start until concrete or masonry receiving anchors has attained its design strength. B. Anchor shall not be installed closer than 6 times its diameter to either an edge of concrete ' or masonry, or to another anchor, unless specifically detailed otherwise on Drawings. ' 3.7 ELECTROLYTIC PROTECTION A. Where aluminum is in contact with dissimilar metals, or to be embedded in masonry or concrete, protect surfaces in accordance with System No. 27 of Section 09900. B. Allow paint to dry before installation of material. ' C. Protect painted surfaces during installation; should coating become marred, prepare and touch up surface per paint manufacturer's instructions. D. Where titanium equipment is in contact with concrete or dissimilar metals, provide full - face neoprene insulation gasket, 3/32 -inch minimum thickness and 70 durometer ' hardness. 3.8 PAINTING ' A. Thoroughly clean ferrous metal items not galvanized and give shop coat of metal primer. ' B. Preparation of surfaces and application of primer shall be in accordance with Section 09900, utilizing appropriate painting system. END OF SECTION ' 05500-7 . City of Fayetteville, Arkansas Budget Adjustment Form EXHIBIT B Budget Year (Department: Public Works 2O00 Division: Water Capital Mains Project or Item Requested: Funding is requested for the White River Bridge 45 East Water Line project. Justification of this Increase: The Arkansas Highway and Transportation Department is planning to replace the bridge that crosses Highway 45 at White river. The City needs to relocate the water lines in advance of the bridge replacement project. Account Name Waterline Improvements Account Name Waterline Improvements Mayor Date Requested 04/04/2000 Adjustment # Project or Item Deleted: None. A portion of the funding for project #00026, Highway 62 West - Water Line Replacement is proposed for this adjustment. E Justification of this Decrease: The White River project is a higher priority project. Increase Expense (Decrease Revenue) Amount Account Number Project Number 121,140 5400 5600 5808 00 00038 20 Decrease Expense (Increase Revenue) Amount Account Number Project Number 121,140 5400 5600 5808 00 00026 20 Approval Signatures Date 3 '-2I-10oo Date L2— OO Date Date Date Blue Copy: Budget & Research / Yellow Copy: Requester Budget Office Use Only Type: A B C E Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log H:\BUDGETtPROJECTS\OTHER\baJ00U\HWY45_WL WK4 FAYETTEVR.LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Charles Venable, Public Works Director Contract Review From: Jim Beavers, City Engineer Date: March 21, 2000 Re: Council Meeting April 4, 2000 Construction contract for a new water line crossing at Highway 45 East at Wyman Road Bid number 00-29 In preparation for the State Highway Department (AHTD) replacing the existing bridges on Highway 45 East at the White River and at Richland Creek the City must relocate portions of the existing line. The City's work will be done in two phases. Phase I is the current work to replace the crossing at Wyman Road. Phase 2 (future) will be designed this spring/summer and will include a new water line to be placed upon the new White River bridge. The existing water line is on the existing White River bridge which will be demolished. The existing water line is under Richland Creek and will not require adjustments or replacements on the new Richland Creek bridge. The Phase 1 plan was designed "in-house" and bids were opened March 21,2000 with the following results: J & L Basic United Plumbing $106,040.00 $109,000.00 $112,050.00 The bids are within the range of the City's estimate (we do not publish the estimate). Staff recommends award to J&L Construction. Enc: 1. Letter from AHTD dated February 22, 2000 2. One contract S ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT Dan Flowers Director Telephone (501) 569-2000 Mr. Jim Beavers P.E. City of Fayetteville 113 West Mountain Fayetteville, AR 72701 WORK ORDER Dear Mr. Beavers: February 22, 2000 RE: Job 040230 (Utilities) BRN-0072(22) Washington County FEB 2 5 2000 P.O. Box 2261 Little Rock, Arkansas 72203-2261 Telefax (501) 569-2400 This acknowledges your letter of October 26, 1999, advising there would be no reimbursement claimed for the adjustment of your facilities on the above captioned project. You are authorized to proceed with the work. Our records indicate your company will begin the work within 60 days and complete your work within 30 days thereafter. Please notify this office if for any reason you cannot meet the anticipated completion date of May 24. 2000. Physical work to be performed on the Department's right of way should not be performed until after March 9, 2000. Your facilities to be placed on highway right of way must be in compliance with State Laws and the Department's Utility Accommodation Policy. Any deviation from the attached plans must have prior approval of this office. You or your contractor must notify the Department's Resident Engineer: John Sharum, 12425 Larue Rd., Mountain burg, AR 72946, telephone 501-369-4007, three (3) days before beginning work and on the day work is completed. If additional assistance from this office is needed, please advise. Sincerely, Gene Kuettel Utility Coordinator Utilities Section Right of Way. Division GK cc: Master Files District Engineer Resident Engineer #42 L 0 i 3/21/00 Steve, The estimated budget adjustment needed for phase 1 of this project is: $106,040 10,000 200 400 2000 2000 500 construction contract construction contingency plan and specifications advertisements easements salaries misc $121,140 total I do not yet have an estimate on the phase 2 (12 inch water line on the new bridge). A potential source for the funds is the highway 62 West CIP project. This could result in delaying this project. Another source would be the Garland water/sewer relocations. WE are still waiting on the State to know if this is going to be a 2000 project. thank you, Jim Beavers 000 3g_ ZD ►21, I4 -O Purchasing Officer l�y O (dy1 r /fl 'A'S STAFF REVIEW FORM X AGENDA REQUEST r �u �� �� X CONTRACT REVIEW 3-Zz-o° GRANT REVIEW j-. For the Fayetteville City Council meeting of April 4, 2000 Jim Beavers Engineering Public Works Name Division Department ACTION REQUIRED: Approval of: (1) a construction contract with J & L Construction in the amount of $106,040.00 (2) a construction contract contingency of $10,000.00 (3) a budget adjustment. COST TO CITY: 5116,040.00 cost of this Request 4470-9470-5814.00 Account Number 00038-2 Project Number g -o- Project Budget Funds Used To Date S a -o — Remaining Balance Hwy 45 east water Project Name Water mains Program Name Sales Tax Fund BUDGET REVIEW: _ Budgeted Item x Budget Adjustment Attached 3 CONTRACT/GRANT/LEASE REVIEW: tive Services Director GRANTING AGENCY: 3a/ -o6 Date ADA Coordinator Date 3-22- rn Date Internal Auditor Date 3-aa.00 Date STAFF RECOMMENDATION: Approval Date Cross Reference New Item: Yes Date ________ Prev Ord/Res # tor Date i4p Orig Contract Date: Date 6,A# oo-Z9 Canents: Budget Coordinator Accounting Manager City Attorney Purchasing Officer ABA Coordinator Internal Auditor Page 2 SW? REVTh( FORM Meeting Date_ Qp : 1 20W FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDE To: Jim Beavers, City Engineer From: Heather Woodruff, City Clerk Date: April 6, 2000 Attached is a copy of the resolution awarding Bid 00-29 to J & L Construction. The original will be microfilmed and filed with the City Clerk. Your Purchase Requisition has been forwarded to Yolanda Fields for a contract number. cc: Yolanda Fields, Community Development Steve Davis, Budget and Research Addendum no. 1 Highway 45 East Water Line Relocation for the City of Fayetteville, Arkansas Bid number 00-29 Item 1: Page 500-2 clarify that the liquidated damages are ($100.00) per day and not ($200.00) per day. Item 2: Vertical bend thrust blocking. The thrust blocking for vertical bends as shown on the attached page is an acceptable alternate to the vertical bend with the stainless steel hold down anchors per the detail. �O Acknowledged by a Page 1 of 2 date Addendum no. 1 Highway 45 East Water Line Relocation for the City of Fayetteville, Arkansas Bid number 00-29 Vertical Thrust Blocking GROUND VERTICAL COMPONENT OF THRUST = TABULATED VALUE REINFORCING BARS #4 O 12" CENTERS FOR PIPE SIZES -UP-TO-1<.- _ ' - VARLABLE I USE BARS #8 C12" (APPROX SAMMMM& I CENTERS FOR 24" TH P LENGASBEND) BPIPE SECTION "A -A" N.T.S. GROUND ELEVATION "B -B" N.T.S. REINFORCING BARS VERTICAL THRUST BLOCK AT PIPE BEND 11.25 22.50' 30' 45' 67.50' 90' I.D. IN. THRUST (TONS) VOL. C.Y. THRUST TONS VOL. C.Y. THRUST (TONS) VOL C.Y. THRUST (TONS) VOL. C.Y. THRUST (TONS) VOL. C.Y. THRUST (TONS) VOL. C.Y.(iw.) I.D. 4,6,8 1.0 0.5 2.0 1.0 2.5 1.3 3.6 1.8 4.6 2.3 5.0 2.5 4,6.8 10.12 16,18 2.2 5.0 1.1 2.5 4.3 9.7 2.2 4.9 5.7 12.7 2.8 6.4 8.0 18.0 4.0 9.0 10.5 23.5 5.2 11.8 11.3 25.5 5.7 12.7 10,12 1618 20 6.1 3.1 12.0 6.0 15.7 7.9 22.2 11.1 29.2 14.5 31.4 15.7 20 24 30 8.2 10.5 4.4 5.2 17.3 20.3 8.7 10.1 22.6 26.5 11.3 13.3 32.0 37.5 16.0 18.8 41.8 49.0 20.9 24.5 45.2 53.1 22.6 26.5 24 30 36 14.9 7.5 29.2 14.6 38.2 19.1 54.0 27.0 70.5 35.3 76.4 38.2 36 42 20.3 10.1 39.8 19.9 52.0 26.0 73.5 36.7 96.0 48.0 104.0 52.0 42 Page 2 of 2 r PSI I 1 Project Manual I. I FAYETTEVILLE City of Fayetteville 1 Highway 45 East Water Line Relocation, Phase 1 I Bid # 00-29 I Fayetteville, Arkansas March 2000 .1 RESOLUTION NO. 44-00 A RESOLUTION AWARDING BID NO. 00-29 IN THE AMOUNT OF $106,040 TO J & L CONSTRUCTION; APPROVING A CONTINGENCY AMOUNT OF $10,000; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards Bid No. 00-29 in the amount of $106,040 to J & L Construction; approves a contingency amount of $10,000; and authorizes the • Mayor and City Clerk to execute an agreement for said amount. A copy of the agreement and bid tabulation 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 $121,140 increasing Acct. No. 5400 5600 5808 00, Project No. 00038 20 by decreasing Waterline • Improvements, Acct. No. 5400 5600 5808 00, Project No. 00026 20. A copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. cpo, D AND APPROVED this 4th day of April , 2000. APPROVEDk t By: / ,' Fr d Hanna, Mayor ATTEST: / 9 Heather Woodruff, City I `• O