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Home My WebLink About44-02 RESOLUTION1 RESOLUTION NO. 44-02 A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT .ro THE LOWEST QUALIFIED BIDDER, 4-D CONSTRUCTION, INC. FOR THE SANITARY SEWER MAIN REPLACEMENT AND REPAIR AT THE 1-540 CROSSING IN THE AMOUNT OF $182,520.00, PLUS A CONTINGENCY OF $53,978.00 FOR A TOTAL OF $236,498.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves and awards the contract to replace and repair the sanitary sewer main running under 1-540 north of 6111Street to the low bidder, 4-D Construction, Inc. in the amount of $182,520.00, plus a contingency of $53,978.00 for a total of $236,498.00 and authorizes the Mayor to execute a contract in these amounts. PASSED and APPROVED this the 19111day of March, 2002. odruff, City CIPk APPROVED: By NAME OF FILE: CROSS REFERENCE: Item # Date AO Resolution No. 44-02 Document ., • 1 10/11/02 Change order # 1 - $24,600.00 NOTES: NAME OF FILE: CROSS REFERENCE: Resolution No. 44-02 03/19/02 Resolution No. 44-02 02/2002 Construction Contract with 4-D Construction, Inc. for the sanitary sewer main replacement and repair at the 1-540 Crossing 02/19/02 Copy of the Budget Adjustment Form 03/01/02 Memo to Fayetteville City Council thru Mayor Coody, Greg Boettcher, P.W. Director, Jim Beavers, City Engineer, from Trevor Bowman, Staff Engineer, regarding sanitary sewer main replacement & repairs, 1-540 crossing 03/01/02 Memo to Fayetteville City Council thru Mayor Coody, Greg Boettcher, P.W. Director, Jim Beavers, City Engineer, from Trevor Bowman, Staff Engineer, stating that bids were received on this item previously submitted to the Council on March 11,2002. 03/19/92 StaffReview Form 03/21/02 Memo to Trevor Bowman, Engineering Division, from Heather Woodruff, City Clerk NOTES: 1 1 1 --1 1 1 1 1 1 1 1 1 1 1 1 1 1 • Construction Specifications Contract Documents for • ORIGINAL err) • cLeeK 1-540 Sanitary Sewer Line Replacement (Crossing) ot.••••••••••••• February 2002 Prepared by: The Office of the City Engineer City of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 6 STEREO PROFESSIONAL ENGINEER * * * 1% No. 8799 v5,* t( ,t4+ 11OR 80:4;10 L'th X'cR • • Item Advertisement for bids Bid Proposal Instructions for • TABLE OF CONTENTS panes 1-2 1-6 bidders 1-9 State Wage Determination Contract Agreement Performance Bond Payment Bond Standard General Conditions 1-42 Supplement to the General Conditions 1-10 Detailed Technical Specifications Section 100 General Project requirements 1-11 Section 110 Measurement and Payment 1-3 Section 120 Testing 1 Section 300 Crushed Stone Base Course 1 Section 310 Pipe Bedding Material 1 Section 320 Rock Excavation 1 Section Section Section 400 Clearing Rights of way, Cutting and repairing fences 1-4 401 Surface Removal 1-3 414 Pipe detection tape 1 Section 419 Section 428 Section 461 Polyvinyl Cholride (PVC) Pipe and Fittings for Sewer Lines 1-6 Testing for Sewer Lines and Appurtenances 1-9 Placing pipe protection cover and compacted backfill sewer and water 1-3 411 411 Section 477 Main Line Encasement 1 Section 482 Cast -In -Place Manholes 1-3 Section 487 Pipeline cleanup and seeding 1-3 11 Section 502 Concrete 1-2 Section 513 Utility Mix for Abandonment of Sewer Lines 11 and Manholes 1 Section 514 Abandonment of Sewer Lines 1 11 Section 515 Abandonment of Sewer Manholes 1 Appendix A - OSHA Safety requirements for excavation 218-256 1 1 1. 1 1 1 1 1 Sealed bids Arkansas, Purchasing City of Fayetteville ADVERTISEMENT FOR BIDS I-540 Sanitary Sewer Replacements Bid Number 02-20 for the construction of sewer lines and appurtenances, Fayetteville, will be received by the City of Fayetteville, Arkansas, at the Office, Room 306, City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas, 72701, until 2:00 P.M. local time on Monday March 11, 2002, and then at said office publicly opened and read aloud. The proposed work generally consists of construction of approximately 364 feet of 18" and approximately 11 feet of 21" PVC sanitary sewer line, installation of approximately 354 feet of 30" steel encasement by boring under 1-540, installation of two sanitary sewer manholes, and abandonment of the existing crossing and one sanitary sewer manhole, in accordance with the contract documents. The Contract Documents, consisting of the Advertisement for Bids, Instruction to Bidders, Bid Proposal, Contract/ General Conditions, Supplementary Conditions, Payment Bond, Performance Bond, Drawings, Specifications, and Addenda, may be examined and obtained at the City of Fayetteville City Engineer's Office located at 125 West Mountain Street, Fayetteville, AR. Each contractor shall be responsible for the investigation, inspection, and studies of the project site as deemed necessary to familiarize themselves with all conditions encountered. Each contractor shall be responsible to read and comply with the Instructions to Bidders as contained in the Contract Documents. Each bid must be accompanied by a cashier's check or surety bond in an amount of five percent (5%) of the total whole bid. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds in accordance with the Contract General and Supplemental Conditions, the Owner shall retain said check or bond as liquidated damages. Bids shall be made on the official bid sheets contained in the specifications and such bid sheets shall not be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelope addressed to the City of Fayetteville Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas 72701, an clearly marked on the lower left side of the bid envelope shall be the following information: The Bid number, The project name/title, the date of the bid opening, the time of the bid opening and the bidding contractor's name and license number. 1 • • All bidders shall be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. Also, all bidders must follow the rules and regulations of the Arkansas Department of Labor Wage Determination. No bidder may withdraw his bid within sixty (60) days after the actual date of the bid opening. 11 All bidders will be required to attend a pre—bid 11 conference at the City Engineer's Office located at 125 West Mountain, on Wednesday March 6, 2002 at 2:00 P.M. in order to be qualified to bid (for details contact the City 11 Engineer's Office at (501) 575-8206). 11 Pursuant to Arkansas Code Annotated 22-9-203, the City of Fayetteville, Arkansas encourages all qualified, small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, the City of Fayetteville, Arkansas encourages contractors to subcontract portions of their I/ contract to qualified, small, minority, and women business enterprises. The City of Fayetteville reserves the right to reject any and all bids, and to waive any formalities as deemed to be in the best interest of the City of Fayetteville. Peggy Vice Purchasing Manager 1 1 1 1 1 1 1 1 sir II 02 05:36p .411 March 11, 2002 City of Fayetteville City Engineering Department 113 W. Mountain Street Fayetteville, AR 44 CONSTRUCTION *** 112345 E HWY 74 • ELMS, AR 72727 PUN CSIMAS24093 • Fe (571yRaci Matte (841-1124) An: Trevor Bowman Re: 1-540 Sanitary Sewer Line Repbcanent Dear Mr Bowman, The following is a Clarification on line Item 08: 10 Sq. Yds of DitrIt Paving ® $200.00 pa Sq. Yd for a Total 0ES2,000.00 1 'm sorry for the mix up. Please free to call if you have any other questions. 13 • 2 BID PROPOSAL Place Fayetteville, Arkansas Date rrarch Proposal of a corporation organized and existing under the laws of the State of a partnership consisting of an individual trading as — C / k) To: City of Fayetteville City Administration Building 113 West Mountain Fayetteville, AR 72701 The undersigned hereby proposes to perform all work and furnish all materials required to be furnished for the construction of Bid No. 02-20 which shall be the 1-540 Sanitary Sewer Line Replacement Project, Fayetteville, Arkansas, in accordance with the following bid schedule, plan drawings and the contract documents including the project specifications, for the basic lump sum of lb Ila vE, St>11-1F0 "TV Dollars($ LxVi oo It is understood that the lump sum proposals, in addition to all other work includes all variable quantities listed in the proposal in the amounts so listed. The variable quantities given in the proposal are for the purpose of comparing bids only, and the basic lump sum proposal will be adjusted in the final settlement for variation in the quantities at the following unit prices: Bid Schedule Unit Prices for Variable Quantities Item Quantity Unit Amount P&L_ and unit Description Price of bid 1. 365 LF '16" PVC C-905 DR 21 Sewer Main w/tracing wire 00 $350 pf$ (figure9) /5000 $ ONF H LYN? ILUF kiTy v 0\1 Thais A-Aib eb 1 r I rri berm b No/loo • Unit price for all pipes will include bedding material, detection tape, and tracer wire. 1 2. 11 LF "18" PVC SDR 26 Sewer Main w/ tracing wire $ 25 00 $.21500 (figures) $ -TWO H i\lbRE13 . Seka.571 (I VE (total - words) 3. 354 LF "30" Smooth Steel Encasement 100 °C) 2-1 / 24O00 (figures) $ toasty ope 114Otic)m-k51-.) 111.00 1-1,0 NJ DR- et, (total - words) r -o R-ry A Lit) kJOI,00 4. 2 Ea Cast -in -Place Sanitary Sewer Manhole 5. 1 Ea $2;25060$ -4 15 oo 00 (figures) )00 r-ogs-ry rAVe -14-u P•S75i2En Pn-31"3 Nob 0 c) (total -fwords) Abandonment of Sanitary Sewer Manhole 00 $3/ 000 3, 000 cc' (figures) H ZESti--1 Du se -Lib Pusb goo/ ion total - words) 6. 110 CY Utility Mix (flowable fill) $ 745 00 $ (figures) $ e];t 71-10u3 A-k)h ; -RAND H u obizei) et7=Illywo7i-ob f•,-)0/ ice) 7. 1 Ea. Abandonment of Existing Sanitary Sewer Crossing (figures $ 1 LOO 11-1DusAgs_t Sevei.) skob (total - words) SH Ty r I Ve gify 8. 10 SY Concrete Ditch Repair oo ( op _,:$27-o-oo :$--a, ODO - (figures) wirem••••••,-- • 9. 1 Ea. 10. 11. 12. 13. 14. 15. 10 CY Lump Sum Lump aurt Lump Sum 120 LF Lump sum Connection to existing sanitary sewer manhole oO $ Loon $ (figures) , 000 00 $ E 71-1 CU SA I -3D Pt (total - words) Solid Rock Excavation oc (figures) $ Obo $ Of3E OuS-Prb_)b Pt- /....)75 1°0 oo (total - words) Traffic Control and Safety ,n,00000$ 000 00 (figures) $ --tH ou s A -1u PrkilTh "(V/ 00 (total - words Trench Saftey per OSHA requirements $ $ 1 , on o" (figures) C)uer ousicrob F431:> Kt/Licc). (total - words) Mobilization oicf° 2 5-00°D (figures) sflcn 71-1 ou5nc-b H-0 K:biZEO (total - wo ds) Erosion Control Devices (figures) (total - words) $ HukJt1R&Th11Lu&&JTy A-1-6 Seeding and Mulching $ 115C°CC$ (figures) $ oroc 11-1 ouspKib, *k) (total - words) PYN1> Lti ,o co " E u 1 -3b42 -e --N 03/07/2802 16:35 501-575-8202 • ENGINEERING C.O.F. • • • PAGE 02 1-540 Sanitary Sewer Line Replacement (Crossing) The City of Fayetteville, Arkansas ADDENDUM ONE to the Construction Specifications and Contract Documents February 2002 Prepared by: The Office of the City Engineer City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 03/07/2002 16:35 501-575-8202 . ENGINEERING C.O.F. 1-540 SANITARY SEWER LINE REPLACEMENT (CROSSING) ADDENDUM ONE Clarifications from March 6,2002 Pre -Bid Conference PAGE 03 There is a discrepancy on the plans regarding the size of the 11 ft. section of sewer line. The plans show a 21 -inch line, while the profile shows an 18 -inch line ALL SEWER LINES ON THIS PROJECT ARE 18 -INCH LINES. 2. Mega -lug retainers will be required at all joints within the encasement. This will add approximately 1000 pounds to the weight of the pipe. The cost of the retainers shall be included in the cost of the pipe and shall not be a separate bid item. 3. It is apparent that tho C905 DR21 pipe called out ort the plans is not available. AWWA C905 0R25 pipe shall be used between the manhole at station 2+04 and the manhole at station 5+73. The successful bidder shall provide a work plan / schedule to the City at the preconstruction conference Capping of lines to be abandoned shall be acceptable on a temporary basis so that the newly constructed lines can be placed in service as soon as possible, at which time the capped lines shall be completely grouted in. The following are the proper manhole elevations: Station 2+04: Rim 1303.00 Invert (in) 1295.58 Invert (out) 1295.48 Station 5+73: Rim 1305.52 Invert (in) 1291.90 Invert (out) 1291.73 Station 5+87 Rim 1304.40 Invert (in) N 1291.40 Invert (in) W 1291 28 Invert (out) S 1290.84 7 Mandrel testing shall be required, but may be performed immediately after the sewer line has been constructed. 8. The trench detail mistakenly shows that full depth Class 7 base is required for backlit' above the bedding zone. For non -paved open trench Installations, backfill (above the bedding zone) may consist of native materials free from large stones as determined by the field inspector. A bedding zone of six inches of grit on all sides of the pipe shall be required. 9. The minimum wail thickness for cast -in-place manholes shall be 8 inches. 10. A cast -in-place manhole shall be required at station 2+04. Either cast4n-place or 03/07/2002 16:35 501-575-8202 • • ENGINEERING C.O.F. PAGE 04 precast shall be acceptable at station 5+73. Prior approval from the City Engineers office of shop drawings for precast manholes shall be required. 11. Complete asphalt coating shall be required for all cast -in-place manholes. Asphalt coating of Joints shall be required for all precast manholes. 12. The AHTD will require signage indicating 'Utility Work Ahead' at 2000 feet and 500 feet ahead of the construction from each traffic direction, as well as signage indicating "End Utility Work' at each end. Also. the bore pits shall be clearly marked and protected with either barrels or barricades. For other details, consult the MUTCD. 13. A temporary construction easement is being provided for the eastem most bore pit. 14. The completion deadline rusted in the Contract section of the specifications shall be amended to state that the contractor shall "substantially complete' (as opposed to totally complete) all work within forty-five calendar days. The project shall be considered substantially complete at the point where Me new line is placed in service. Weekend work shall be considered acceptable with 48-hour prior notice to the Clty's Inspector assigned to the job. Please note that page 2 of the contract provides for added time for completion in the event there are days on whith the contractor is prevented from working due to drcumstances beyond the contractor's control. Application for such extensions shall be according to the contract requirements. The project shall be totally complete within sixty (60) calendar days after commencing work. 15. The AUTO shall be notified three (3) days prior to start of construction, and at completion of construction. • • • 411 L. . 411 11 The undersigned submits the following subcontractors for use if the contract Bidders must bid the schedule in its entirety including all items, The City of Fayetteville reserves the right to reject any and all bids and waive any formalities as deemed in the best interest of the City of Fayetteville. The undersigned hereby declares: That he has examined the Plans and the Specifications with the related documents and the site of the proposed work and being familiar with all conditions surrounding construction of the proposed project, including availability of material and labor, hereby proposes to furnish all equipment, labor, material, plant and supplies, within the time set forth herein and at the prices stated above. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. The undersigned further agrees, if awarded the contract, the Contractor shall begin work within ten (10) calendar days from a Notice to Proceed and will fully complete all work within ninety (90) consecutive calendar days after the date of the Notice to Proceed. Should the Contractor fail to complete the work within the stated time, he shall pay the Owner as fixed, agreed, and liquidated damages $300.00 per day for each consecutive calendar day of delay until the work is completed or accepted. is awarded. The owner shall have the authority to reject the use of any subcontractor. Subcontractors Name Address Contractor's license no. 00334e."0402- 09)PcHN_ CoNs-MucTion) 2035 TLF20:4; vigisrper,ti))41fiftiz Additional time is allowed for delays as stipulated in the Contract Documents. The undersigned acknowledges the receipt of the following Addendum: 912.4(2.12-$ addri dirriC 6–te For changing quantities of work items from those indicated by the contract ‘II Documents, upon written instructions from the Engineer, the above unit prices as given in the proposal shall prevail. The above unit prices shall include all labor, materials, plant, bailing, shoring, overhead, profit, insurance, bonds, etc., as necessary to cover the finished work of the various kinds I/ called for. The bidder understands that the City of Fayetteville reserves the right to reject any or all bids and waive any formalities as deemed in the best interest of the City of Fayetteville. 1/ The bidder does agree that this bid shall be good and may not be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids. Further the undersigned agrees to fully and completely submit the detailed "STATEMENT OF BIDDER'S QUALIFICATIONS" as found on the page immediately following the proposal. The undersigned agrees that failure to complete 1 and/or provide the "STATEMENT OF BIDDER'S QUALIFICATIONS" shall be cause for 1 4 • March 10, 2002 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 t'• 411 CONSTRUCTION 4*. . 19348 E HWY 74 • ELKINS, AR 72727 Phone (S31)582-5650 • Fax cm )5132-0181 Mobile (841-1124) RE. STATEMENT OF BIDDERS QUALIFICATIONS Simxrely, • 1. 4-0 Construction 2. 19346 E. HWY 74, Elkins, AR 72727 3. October, 2001 4. NA 5,0125110103 6. Operating as 4-0 Construction since October of 2001. Prior to October of 2001 we operated as Lawson Manhole Service. 7. Contract on Hand (Not signed as of 03/10/02) for $33,400.00. Completion date approximenty June 30, 2002. Contact Carole Jones at McClellands Engineering Consultants, Fayetteville. 8. NO 9. No 10. Hwy 45 East and Water River Connections, Owner City of Fayetteville, Engineer, McGoodwin, Williams and Yates. Inc. 11. Backhoe. Manholes Forms and any other equipment needed will be rented. All Boring to be subcontracted to Mains Construction. 12 Yes Denise Lawson ,„,diyazo, the Owner and/or Engineer to consider the bid non-responsive and to reject such bid. By Title 14 3A- Co -ichoi FrAo.44? , Business Address >—/ ?-77 -7-)1- 5-g2 - 57_050 Telephone 01 aS 1 1 rypb Arkansas License Number STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate sheets and then attached to this statement. The Bidder may submit any additional information that he desires. 1. Name of Bidder. 2. Permanent main office address and telephone number. 3. When organized. 4. If a corporation, where incorporated. 5. Contractor's License number. 6. How many years have you been engaged in the contracting business under your present firm or trade name? under other names? 7. Contracts on hand. (Schedule these, showing the amount of each contract and the appropriate anticipated dates of completions, and a point of contact for references.) 8. Have you ever failed to complete any work awarded to you? 9. Have you ever defaulted on a contract? If so, where and why? 10. Experience in construction similar in size and scope to this project, along with the project owners and engineers. 11. List of major equipment available for this contract. 12. Will you, upon request, fill out a detailed financial statement, including credit worthiness, and furnish any other information that may be required by the Owner? 5 Dated at Name of Organization: • this /1/991 day of 71321c -.0e2.- 204(42- - 6-7- by Title State of azeeenceari County • 41(AC (12.51 -L -C) I of 7/247 -42 dws S and says that h -'Cis the ra ,5772 (IC- 0 A.-) foregoing questions and all statements Subscribed and sworn before me this 20 (fl. My commission expires (seal) being duly sworn of Contractor(s), and that answers to the therein contained are true and co rect. day of ae.erf: se45/(e Notary Public "OFFICIAL SEAL" JACKIE E. BAJCER Notary Public, State of Arkansas County of Washington My Commission Exp. 04/19/2009 6 11 INSTRUCTIONS FOR BIDDESS: 1 1 1 1 1 1 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract shall have the meanings assigned to them in the General and Supplementary Conditions. The term "Bidder" means one who submits a Bid directly to the Owner, as distinct from a sub -bidder who submits a bid to a Bidder. The term "Successful Bidder" shall mean the lowest, qualified responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Proposal Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to the receipt of Bids). 2. Copies of the Biddinq Documents. Complete sets of the Bidding Documents in the number and amount, in any, stated in the Advertisement to Invitation to Bid may be obtained from the Engineer upon request. Complete sets of Bidding Documents must be used in preparing Bids; neither the Owner nor Engineer assumes any responsibility for error or misunderstandings resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Oualifications of Bidders. When included with, and made a part of the Bid Proposal, the Bidder must submit a completed "Statement of Bidder's Qualifications" as part of the Bid Proposal. The "Statement of Bidder's Qualifications" is required to demonstrate qualifications to perform the Work and will be used in evaluating all bids as a basis for award. 4. Examination of Contract Documents and Site. 4.1. It is the responsibility of each Bidder before submitting a Bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local and specific conditions which may affect cost, progress, safety, performance or furnishing of the Work, (c) consider all Local, State and Federal Regulations and Laws which may affect cost, progress, safety, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents and (e) notify Engineer of any and all conflicts, errors or discrepancies in the Contract Documents. 4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information 1 and data furnished to the Owner and Engineer by owners of such Underground Facilities or others, and Owner nor Engineer does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing site conditions appear in Article 4 of the General Conditions and any associated Supplementary Conditions. 4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional information, examinations, explorations, tests and studies which pertain to the physical conditions of the surface and subsurface at, or contiguous to the site or other wise which may affect cost, progress, safety, performance or furnishing of the Work and which the Bidder deems necessary to determine the Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.5 Upon request in advance, the Owner will provide each Bidder access to the site to conduct any observations, explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall be required to fill in all holes and to restore all property to its former condition. 4.6 The lands upon the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary facilities or storage of materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained in advance by the Owner unless specifically noted otherwise in the Contract Documents. 4.7 The Bidder must satisfy themselves of the accuracy to the estimated quantities in the Bid schedule by examination of the site and a review of the drawings and specifications including any Addenda. After bids have been submitted, the Bidder shall not assert that there was any misunderstanding concerning the quantities of Work or the nature of Work to be performed. I LI I I 4.8 The submission of a Bid will constitute an irrevocable representation by Bidder that Bidder has complied with every provision and requirement of this paragraph 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work. 2 5, Interpretations and Addenda. All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions, and/or any information deemed necessary by the Owner or Engineer, will be issued by Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Only questions answered and/or other information furnished by formal written Addenda will be binding. The Point of Contact for questions and clarifications for this specific 1 project is Sid Norbash Staff Engineer (501) 575-8206. ' 6. Bid security. Each Bid must be accompanied by Bid security made payable to the Owner in an ' amount od five percent (5%) of the Bidder's total maximum bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed and included) issued by a surety meeting the requirements of the General and Supplementary Conditions. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom the Owner believes to have a reasonable chance of receiving award may be retained by Owner until the earlier of the seventh ' day after the Effective Date of Agreement or the 61st day after the Bid opening, whereupon the Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within 10 days of Bid opening. 7. Contract Time. The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (The Contract Time) are as set forth in the Bid Proposal, Contract Agreement and Technical Specification 100 - General Project Requirements. 8. Liguidated Damages. Provisions for liquidated damages, if any, are set forth in the Bid Proposal and/or the Contract Agreement. 9. Substitute or "Or -equal" items. The Contract, if awarded, will be on the basis of materials and equipment I 3 11 I described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Substitute or "or - equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer. Application for acceptance for possible substitute or "or -equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application is set forth in Article 6.7 of the General Conditions and any associated Supplementary Conditions. 1 10, Subcontractors, suppliers and others. ' The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner and Engineer. Nor shall the Contractor allow any subcontractor to commence work until he has provided and obtained approval of such compensation and public liability insurance as required by the Contract Documents. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set forth in the Contract Documents including the Plans, Specifications, Contract and Bond(s). 11. Bid Proposal Form. 11.1 All bids must be made on the required Bid Proposal form contained in the ' Bidding Documents. Additional copies may be requested from the Engineer. 11.2 All blank spaces for Bid prices must be filled in, in ink or type ' written, and the Bid form must be fully completed and executed when submitted. Only one (1) copy of the Bid form is required. 11.3 Bids by corporations must be executed in the corporate name by the ' president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must also be shown below the signature. 11.5 All names must be typed or clearly printed in ink below the signature. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid form). 11.7. The address and telephone number for communications regarding the Bid must be shown. 1 I 4 I 1 12. Submission of B Bids shall be submitted at the time and place indicated int eh Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked in the lower left portion with the Project Title, Bid Number, Date of the bid opening, time of the bid opening, bidding contractor's name and license number. The Bid shall be accompanied with the Bid Security and other required forms and documents. If the Bid is sent through the mail or other delivery system, the sealed ' envelope shall be enclosed in a separate sealed envelope wit the notation "Bid Enclosed" on the face of the outer envelope. THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS. 13. Modification and Withdrawal of Bids. Bids may be withdrawn or modified by an appropriate duly executed document (in ' the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. If, within 24 hours after the opening of Bids, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the satisfaction of Owner that there is a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security ' will be returned. Thereafter, that Bidder shall be disqualified from further Bidding on the Work provided under the Contract Documents. ' 14. Opening of Bids. Bids will be opened and publicly read aloud at the time and location as ' specified in the advertisement of invitation for bids. A tabulation of the amounts of the Bids will be made available to the Bidders after preparation by the Engineer. 1 15. Bids to remain subiect to acceptance. ' All Bids shall remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, at its sole discretion, release any Bid and return the Bid security prior to that date. Additionally, if deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 16. Award of Contract. 16.1 Owner reserves the right to reject any and all Bids, to waive any and 5 HI I all informalities not involving price, time or changes to the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids. ' The Owner further reserves the right to reject the Bid of any Bidder if the Owner believes that if would not be in the best interest of the Project or Owner to make award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability, or of doubtful past performance, or fails to meet any other pertinent standard or criteria established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in the favor of the unit prices. ' Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating the Bids, Owner will consider the qualifications of Bidders, whether or not Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Proposal Form or prior to Notice of Award. 16.3 Owner may consider the qualifications and experience of the subcontractors, suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers and other persons and organizations must be submitted as provided for in the Contract Documents. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of material and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. ' 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability if Bidders, proposed subcontractors, ' suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible, qualified Bidder whose evaluation by Engineer indicates to Owner that the award will be in the best interests of the Project and Owner. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder ' a Notice of Award within 60 days after the date of the Bid opening. If deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 17. Contract Security. ' Article 5 of the General Conditions, and the associated Supplementary Conditions set forth the Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. a ' 18. Sinning of Agreement. When Owner gives Notice of Award to the Successful Bidder, it will be ' accompanied by the required number of unsigned counterparts of the Agreement with all other Contract Documents attached. Within 15 days thereafter,. Contractor shall sign, execute and deliver the required number of counterparts ' of the Agreement and attached documents to the Owner with the required Bonds. within ten (10) days thereafter Owner shall deliver one fully signed and executed to Contractor. I I I I I I 1 I I I I I I 19, Compliance with State Licensing Law. Contractors must be licensed in accordance with the requirements of ACT 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidder who submit Bids in excess of $20,000.00 must submit evidence of their having a contractor's license before their Bids will be considered, and shall note their license number on the outside of their Bid. 20, Labor Laws. The Contractor shall abide by all Federal, State and Local Laws and Regulations governing labor. The Contractor shall further agree to hold and save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21, Wages and Labor. Minimum wage rates shall be equal to the basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In cases where wage rate determinations are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the project. Whenever available, the Contractor shall make use of local common and/or skilled labor as is practical. The Contractor and each subcontractor, where the amount exceeds $75,000.00 shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Arkansas Stat. 14-630). The provisions are summarized below. The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor, 2) post the scale of.wages in a prominent and easily accessible place at the site of the Work, 3) keep an accurate record showing the names and occupation and hours 7 I I I I I II I H I I I I Li I I I I I worked of all workmen employed by them, and the actual wages paid to each of the workmen, which records shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. A copy of the prevailing wage rates for this specific project, as established by the Arkansas Department of Labor, is attached in the Contract Documents immediately following the Instructions to Bidders. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or subcontractor has been, or is being paid a rate of wages less that the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate the Contractor's right to proceed with the Work or such part of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any costs occasioned thereby. 22. Compliance with Act 125. Arkansas Acts of 1965. The attention of Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for the payment of certain taxes on materials and equipment brought into the State. It further provides for methods of collecting such taxes. All provisions of Act 125, Arkansas Acts of 1965 shall be complied with under this Contract. 23, Withholding State Income Taxes. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid employees, whether such employees are residents or nonresidents of Arkansas. 24. Compliance with Rules and Regulations for the Enforcement and Administration of Act 162, Arkansas Acts of 1987. The attention of all nonresident Bidders is called to the provisions of Act 162, Arkansas Acts of 1987. This act provides for nonresident Contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Dept. of Finance and Administration, P.O.Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under contract within the State of Arkansas. 0 I I • • 25. Subcontractors Bonds - Act 190. Arkansas Acts of 1993. The attention of Bidders is called to the provisions of Act 190, Arkansas Acts ' of 1993. In general, this act provides for the subcontractors to provide to the General Contractor performance and payment bonds, with certain regulations on form and time, when the subcontractor's bid is in excess of $50,000.00. 26. Excavation Safety. I I I I I LJ I I I I I The attention all Bidders is called to the requirements of Act 291, Arkansas Acts of 1993 - Excavation and Trench Safety. The current edition of Occupational Safety and Health Administration Standard for Excavation and Trench Safety Systems, 29 CFR 1926, Subpart P, is specifically incorporated and made a part of these specifications and contract documents as required by Arkansas Act 291 of the 79th General Assembly of 1993. The Contractor shall be solely responsible for the implementation of these requirements. A copy of the OSHA regulations is included in this set of specifications as Appendix A. 27. Special conditions in the specifications. a. The attention of all Bidders is called to the requirements of specifications that work generally be limited to the paved surface of the streets. Additionally, no area of the street or City right-of-way can be used for material storage or other uses by the contractor. A minimum of one lane of traffic shall be maintained at all times. b. The attention of all Bidders is called to the fact that street repairs are not included in this contract and will be made by the City. The contractor shall backfill the trench in accordance with the plans and specifications but will not be responsible for street repairs except for damage beyond the limits of construction. End of the Instructions to Bidders 9 [1 I 1 1 1 I 1 1 1 1 1 1 1 i 1 1 i 02/11/2002 13:39 Mike Hudfabee G- 5016824, Jim Beavers, City Engineer City of Fayetteville 113 West Mountain Fayetteville, AR 72701 •-17- ba- -•f sl ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKKAM • LRT4E POCK. ARKANSAS 7220.-2190 (501) 582J500 • FAX (501) 882483.5 • TDD: (BOO) 286-1131 February 11, 2002 Re: 1-540 Sanitary Sewer Replacement Fayetteville, Arkansas Washington County Jamb L. Selkeld en•er In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 01-275 establishing the minimum wage rates to be paid on the above referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. If the work Is subject to the Arkansas Prevailing Wage Law, every specification shall Include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Mn. § 22-9-308 (b) (2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Mn. § 22-9-308 (c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. § 22-9-309 (a). Also enclosed is a "Statement of Intent to Pay Prevaiiing Wages" form that should be put in your specifications along with the wage determination. The General/Prime Contractor is responsible for getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this project. If you have any questions, please call me at (501) 682-4536 or fax (501) 682-4508. 1 Enclosures Sincerely, Don Cash Prevailing Wage Supervisor [1 02/11/2002 13:39 5816824 ARDEPTLABOR • PAGE 02 Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION — HEAVY RATES DATE: February 11, 2002 DETERMINATION #: 01-275 PROJECT: I-540 Sanitary Sewer Replacement COUNTY: Washington '• Fayetteville, Arkansas EXPIRATION DATE: 8-11-02 SURVEY #: 701-AH05 ' BASIC HOURLY FRINGE CLASSIFICATION RATE BENEFITS ' Briddayer/Pointer, Cleaner, Caulker 8.50 Carpenter 935 Concrete Finisher/Cement Mason 9.40 .72 • Electrician/Alarm Installer 13.30 1.00 Ironworker (Including Reinforcing Work) 17.25 Laborer 8.50 ' Pipelayer 10.30 Truck Driver 11.90 Power Equipment Operators: Badchoe, Rubber tired 1 yd. or less 12.15 ' Bulldozer, Finish 13.15 Bulldozer, Rough 10.25 Crane, Derrick, Dragline, ' Shovel & Backhoe, 1-1/2 yds. or less 11.65 Crane, Derrick, Dragline, Shovel & Backhoe, Over 1-1/2 yds. 11.20 '• Distributor 12.35 Front End Loader, Finish 9.65 Front End Loader, Rough 10.40 ' Mechanic 14.70 Motor Patrol, Rnish 13.05 Motor Patrol, Rough 9.00 .17 Roller 11.15 Scraper, Finish 11.75 Scraper, Rough 11.25 ' Welders —receive rate prescribed for craft performing operation to which welding Is Incidental. Certified July 2, 2001 claniHcadons that are required, but not listed above, must be ,vquested in welting liven ' Me A,*ansas D4waitnent of Labor, Prevailing Wage Division. Loll (501) 682-4536 or 682- 4599 for a request lone. I I ' CONTRACT 'THIS AGREEMENT, made and entered into the !day of__________________ 200.2, by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, herFeinafter called the Owner, and. ' 4 -D Con54'rUc{,'on Coyn�0.hY , of the City of E_k; n5 , Party of the Seomd Part, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the Owner has called for bids for water system improvements, as set out in the Plans and Specifications and approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor is the lowest and best qualified bidder for the construction of said Improvements; ' NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: ' 1-540 Saner Crossing Replacement, Fayetteville, Arkansas; including all Work required for a complete and acceptable installation, and for abandonment of the ' existing crossing, for the unit and lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus being 6Nf /YU,uo di? C/6 igir-n' a r#na,gz, F2 vE #Ugpi1F,o % t.aw7le dollars ($/BZ) S,7O ) , such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. ' The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and totally complete all work within forty-five (45) calendar days. ' The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions ' and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable after the first of each calendar month, and in accordance with the Contract Specifications, the Owner will make partial payments 1 r C1 I I I I LI f' LJ Li J I1 I C1 I I to the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Retainage shall be withheld from the partial payments as provided by Arkansas state laws by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, it any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages the sum of three hundred dollars ($300.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due the Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given the Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall not be liable to the Contractor for any work theretofore performed, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should be surety fail, neglect or refuse to N I carry out said contract, 3) said Owner may complete the contract as its own expense and maintain an action against the Contractor and the surety hereto for ' the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. ' This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. I Witnesses* 4-1 rnt),iPuci,n&)Firm Name By QJc3C L1> CC ' *If corporation, secretary should attest. CITY OF FAYETTEVILLE, ARKANSAS ' Attest: I Bather Woodruff, Ci y Clerk I 1 End of Contract r y.-. Itt p. Ito ; .• 3 NAR-22-2002 FRI 11:23 AN CNP ALL SPECIALTY , , FAX NO. 9725619 P. 02 r ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND #22503531 We 4-D Construction as Principal, hereinafter called Principal, and Western Surety Company is authorized to do business in the State of Arkansas, as Surety, hereinaftcr called Surety, are held and firmly bound unto _ City of Fayetteville, AR as Obligee, hereinafter called Owner, in the amount of One Hundred Eighty -TWO Thousand Five Hundred Twenty and no/100-- Dollars ($182,520.00), for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated -S/19. 0)- entered into a contract with Owner for: 1-540 Sanitary Sewer Line Replacement (Crossing) , which contract is by reference made a part hereof, and it's hereinafter referred to as the Contract. THE CONDITIONS OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure to do so and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the owner after six months from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date of which the final payment under the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice of the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. MAR -22-2002 FRI 11:23 AM CNPfALL SPECIALTY FAX NO. 9725619 P. 03 In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed this __________ day of, 20 O a 4-D Construction Principal BY: Western Surety Company Surety BY: MAR -22-2002 FRI 11:23 AN CN(ALL SPECIALTY J FAX N0, 9725619 P. 04 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. _22503531 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duty organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the Company'), does by these presents make, constitute and appoint _Robert —M._ Davis..._.._______. __________.__..._ _ - its true and lawful attorney(ej-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: 4-D Construction Obligee: City of Fayetteville, AR Amount: $182,520.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Executive Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. 'Section 7. All bonds. policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President. Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is net necessary (or the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimilo.' All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of — — JUne 22 _ -...002 _ ._,but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Executive Vice President, Stephen T, Pete, a vd;EAfl9f6Ple`e Seel te be affixed this ._ 22nd _ day of _—.___ _M.ArSh._ .. _.__ , - ..?002_.. p0g4,, -S, `' .r+: :zF rrD riin.. TA 1 WESTERN S RETY COI NY phen T. Pate. Executive Vice President On this _..._?2nd .. day of _.. ...M.Mrch in the year.._ 2002 __, before me, a notary public, personally appeared Stephen T. Pate, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of id corporation. D. KRELL 1 ��/!!��NOIAm PUBLIC/�►�-kK- �tE�iSJB0UTM DAKOTA)I otary Public_ South Dakota r My Commission Expires November 30, 2006 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota. do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is new in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this ..day of WESTER S RETY COY phen T. Pate, Executive Vice President Form F5306J-2001 _a(oTh).. CERTIFICATr OF LIABILITY INSUPSNCE CSR Sp DATEIMM/DLYYY) WSD-1 03/26/02 PRODUCER Eason Insurance Agency •r 7T}}IfIS CERTIFICATE IS I55UED AS A MATTER OF INFORMATION aNLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2340 Green Acres Rd, Suite #10 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 4217 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fayetteville AR 72703 Phone: 479-521-2233 INSURERS AFFORDING COVERAGE INSURED INSURER A: THE MARYLAND/ZURICH COMM. INSURER B: INSURER C: STRUUCTION 43 DCONSTRUCTION C 74 ELKINS AR 72727 INSURER D: INSURER E: COVERAGES 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 WHCH 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE DATE M LIMBS A GENERAL LIABILITY COMMERCIAL GENERALLIA81LrTY CLAIMS WADE O OCCUR SCP40059363 03/26/02 03/26/03 EACH OCCURRENCE $ 1000000 X FIRE DAMAGE(My flm) $ MED EXP (My DAP pawl) s10000 PERSONAL S ADV INJURY $1000000 GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO- LOC PRODUCTS - COMPIOP AGO s2000000 A AUTOMOBILE LIABUJT'/ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS SCP40059363 03/26/02 03/26/03 COMBWEDSWGLELIMIT (EP PWIwK) $1000000 X BODILYINJURY row pncc) f BODILY INJURY (Per PCVOPDI) f PROPERTY DAMAGE (Per Pm amt) f GARAGL7L" AUTO ONLY -EA ACCIDENT OTHER THAN EAACC AUTO ONLY: AGO f f A EXCESS LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION f SCP40059363 03/26/02 03/26/03 EACH OCCURRENCE $1000000 X AGGREGATE $ 1000000 S S f WORKERS COMPENSATION AND EMPLOYERS LIABILITY TORYLIMRS I ER I E.L. EACH ACCIDENT f E.L. DISEASE - FA EMPLOYE f E.L. DISEASE - POLICY LIMIT f OTHER DESCRIPTION OF OPERATONSILOCATIONSNEIBCLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS JOB: I-540 SANITARY LINE REPLACEMENT CERTIFICATE HOLDER I N ADDmONAL INSURED; INSURER LETTER: _ CANCELLATION CITY00 1 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL City Of Fayetteville IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 113 W. Mountain Fayetteville AR 72701 REPRESENTATIVES. �-� (7197) ®ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policyQes) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) ' hereinafter called "Principal" and (3) of , State of , hereinafter called the "Surety," are held and firmly bound unto (4) _ ' hereinafter called the "Owner", in the penal sum of (S ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. 1 THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of , 20, a copy of which is hereto attached and made a part hereof for the construction of: ' Bid No. 02-20 which shall be the I-540 Sewer Line Replacement, and additional appurtenances, Fayetteville, Arkansas. ' NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. Li 1 I I I Ii 1' Il F I I 1 'J This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of ___________,20___ Attest: Principal (Principal) Secretary By (Seal) Witness as to Principal Address Address Attest: Surety By (Surety) Secretary Attorney -in -Fact (Seal) Witness as to Surety Address Address - NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. FA i • • ' PAYMENT BOND ' KNOW ALL MEN BY THESE PRESENTS: That we (1) a (2) hereinafter called "Principal" and (3) of ' , State of hereinafter called the "Surety," are held and firmly bound unto (4) _ hereinafter called • the "Owner", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ' ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of: 1 Bid No. 02-20 which shall be the I-540 Sewer Line Replacement, and additional appurtenances, Fayetteville, Arkansas. NOW THEREFORE, if the Principal shall promptly make payment to persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, all amounts due for but not limited to materials, lubricants, oil, ' gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premiums for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due to the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned ' by workmen covered by the bond; and for all labor, performed in such work whether by subcontractors or otherwise, then this obligation shall be void, otherwise to remain in full force and effect: 1 The Surety agrees that the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of ' wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. ' PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed ' thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to I the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of ________,20___ Attest: Principal (Principal) Secretary (Seal) IWitness as to Principal I I Address Attest: (Surety) Secretary (Seal) Witness as to Surety I Address Address Surety By Attorney -in -Fact Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 2 I I ,I I I I I I 1 I I This document has important 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 �IV Issued and Published Jointly By National Society of Professional Engineers ISCE AMERICAN CONSULTING Yrohatlontl EngIntertIn Rfreb PrsWm AMERICAN SOCIETY OF ENGINEERS COUNCIL CML ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910- 8-A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). EJCDC No. 1910-8 (1996 Edition) L Copyright °1996 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 7!1 IN 'if I' I Ii I I. 1 Fl I I .' I I TABLE OF CONTENTS II ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ..................................... 00700 - 6 1.01 Defined Terms ................................................... 00700 -6 1.02 Terminology - - o ...... 00700 -8 ARTICLE 2 - PRELIMINARY MATTERS ............................................ 00700 - 9 2.01 Delivery oJBonds................................................. 00700 -9 2.02 Copies oJDocuments......................................... . ....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 Preconsnuction 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 ContractDocuments ........................... 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 ..............................................00100-11 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 Waver 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 ofProperty Insurer ........................ 00700-18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ................................... 00700 - 18 6.01 Supervision and Superintendence ....................................... 00700 - 18 6.02 Iabor; Wonting 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 -fl 6.13 Safety and Protection .............................................. 00700-23 6.14 Safety Representative .............................................. 00700 - 23 6.15 Hazard Communication Programs ...................................... 00700 - 23 I 00700-3 0 M •1 6.16 Emergencies ..........I ......................................... 00700-23 1 6.17 Shop Drawings and Samples .......................................... 00700 - 23 6.18 Continuing the Work ......... ............ 00700 -24 E•. .................. ........ 6.19 CONTRACTOR'S General Warranty and Guarantee ........................... 00700-25 II 6.20 Indemnification.................................................. 00700 -25 ARTICLE7-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 1 8.05 Lands and Easements; Reports and Tests .................................. 00700-26 8.06 Insurance..................................................... 00700-27 8.07 Change Orders .................................................. 00700 -27 8.08 Inspections, Tests, and Approvals ...................................... 00700 - 27 8.09 Limitations on OWNER's Responsibilities ................................. 00700-27 8.10 Undisclosed Hazardous Environmental Condition ........................ . ... 00700-27 8.11 Evidence of Financial Arrangements ..................................... 00700-27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ...................... .. 00700-27 9.01 OWNER'S Representative ........................................... 00700 - 27 9.02 Visits to Site .................................................... 00700 -27 9.03 Project Representative ............................................. 00700 - 27 9.04 Clarifications and Interpretations ...................................... 00700 - 28 9.05 Authorized Variations in Work ................................... .. 00700 - 28 9.06 Rejecting Defective Work ............................................ 00700 - 28 9.07 Shop Drawings, Change Orders and Payments .............................. 00700-28 9.08 Determinations for Unit Price Work ..................................... 00700 - 28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......... 00700 - 28 1 9.10 Limitations on ENGINEER's Authority and Responsibilities ...................... 00700-28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................... 00700-29 10.01 Authorized Changes in the Work ....................................... 00700 - 29 10.02 Unauthorized Changes in the Work.....................................00700-29 1 10.03 Execution of Change Orders ........................... ............... 00700 - 29 10.04 Notification to Surety .............................................. 00700 - 29 10.05 Clams 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 11.03 Unit Price Work ................................................. 00700-32 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............. 00700 -33 12.01 Change of Contract Price ........................................... 00700 - 33 1 12.02 Change of Contract Times ........................................... 00700 - 33 12.03 Delays Beyond CONTRACTOR's Control ................................. 00700-33 12.04 Delays Within CONTRACTOR's Control .................................. 00700-34 12.05 Delays Beyond OWNER's and CONTRACTOR's Control . . . . . . . 00700-34 12.06 Delay Damages ..................... . . . . . . . . . . . . . . . . . 00700-34 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ............................................... 00700-34 13.01 Notice of Defects ................................................ 00700-34 13.02 Access to Work .................................................. ()0700-34 13.03 Tests and Inspections .............................................. 00700 - 34 13.04 Uncovering Work ................................................. 00700-35 13.05 OWNER May Stop the Wont .......................................... 00700 - 35 13.06 Correction or Removalof Defective Work ................................. 00700 - 35 00700-4 I • 13.07 Correction Period ................................................ 00700-35 13.08 Acceptance of Defective Wor*......................................... 00700 - 36 13.09 OWNER May Correct Defective Wont .................................... 00700 - 36 I. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION .................... 00700-36 14.01 Schedule of Values ..................... .... 00700 -36 14 .0 Progress Payments ................................................ 00700 - 37 I14.03 CONTRACTOR's Warranty of Title ............... 0 ..................... 00700 - 38 14.04 Substantial Completion ............................................. 00700 - 38 14.05 Partial Utilization ................................................ 00700 - 39 14.06 Final Inspection .............................................. 00700 - 39 14.07 Final Payment ... .............................................. 00700-39 14.08 Final Completion Delayed ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 14.09 Waiver of Claims ......... ............................. 00700-40 ........... ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION • 00700-40 15.01 OWNER May Suspend Work .......................................... 00700 - 40 15.02 OWNER May Terminate for Cause ...................................... 00700 - 40 15.03 OWNER May Terminate For Convenience ................................. 00700-41 15.04 CONTRACTOR May Stop Work or Terminate ............................... 00700 - 41 ARTICLE 16 -DISPUTE RESOLUTION ............................................00700-41 16.01 Methods and Procedures ............................................ 00700 - 41 ARTICLE 17- MISCELLANEOUS ................................................ 00700-42 17.01 Giving Notice ................................................... 00700-42 17.02 Computation of Times . ............................................. 00700 - 42 17.03 G7tmulative Remedies 00700 - 42 17.04 Survival of Obligations . 00700 - 42 17.05 Controlling Law ................................................. 00700 - 42 .1 I I i 1 ' 00700-5 • 0 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 and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid --The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements --The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order --A document recommended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. I1. Contract --The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents --The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. I 1 I I I 00700-6 I • • I I I [] I I I I I I I I I I 16. Cost of the_Wwk—See paragraph 11.0l.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. I 00700-7 S 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, [C•L! tl! r 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 • I I. 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. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). D. Furnish, fnstaU, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put, into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2- PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starring 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 1 00700-9 I in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3- CONTRACT DOCUMENTS: INTENT AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Docu- ments or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, 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), .1 I I I I I I 11 I I NI I I, 0 1J I1 I I. 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. 1 3.03 Reporting and Resolving Discrepancies [1 I I I "1 I I I I I I I 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 CON7RACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the meats, 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 Li I I I 4-1 I I I l I L1 00700-12 I 1 0 • I LI I I I I [1 I E I I I I I 2. CONTRACTOR shall not be entitled to any adjustment in the Conuact Price or.Contract Timesif:.. a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property 1 00700-13 • • 1 monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CON- TRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immedi- ately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall. indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing I I I I F I I FI I 00700-14 1 I 1 I I I I I I 1 I I J I C1 [1 1l 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 Companiesas 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 5.0I.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.8 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 duty licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRACTOR'S Liability I surance 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 S • 1 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in - the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under para- graphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance LJ r I I lT I 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 hill replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identi- fied in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); Li I I 1l I I [I I 00700-16 ' I i I 10 i' I I I I 1 I I LI I I 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been inchuded in an Application for Payment recommended by ENGINEER; 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certifi- cate of insurance has been issued. B. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. OWNER shall not be responsible for purchasing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRAC- TOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of, or resulting from fire or other peril whether or not insured by OWNER; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.O5, after Substantial Completion 1 00700-17 • • 1 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. I I [1 Li I L (I I I I I I 00700-18 1 .1 I I I LJ I [J I I I I LJ I I I 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. CON- TRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Sanuday. Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Docu- ments. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1 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-EqualItems: 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 Ii 00700-19 • 0 •1 paragraph 6.05.A. 1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure forreview 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 pa, - posed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indi- rectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the pro- posed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGI- NEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proce- dure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.E 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. C0NTRACT0R'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 I 11 I U LI I I [1 I I I I I 00700-20 I I El 11 I I I I I I I L I I I [I] entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor. Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CON- TRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the differ- ence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor. Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcon- tractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGI- NEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRAC- TOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits ' 00700-21 and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution 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 I I I 1 I 1I I I I I 1171 r r I r] I I.1 1 I I U 1 I I I I I 1 I Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CON- TRACTOR, any Subcontractor. Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Con- sultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER' and CONTRACTOR in accordance with paragraph 14.07.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 I I I L I '1 [1 I I I 00700-24 I .1 1 1 I I I 1 I I as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 COMRACTOR'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 to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indem- nified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 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. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Con- tract Documents, then: 1. written notice thereof will be given to CON- TRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CON- TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLE 8- OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations L I IT I I I (I I I I C1 I C. 1 [taYp'r>6T.i :1 I I I I I Li I I I I I and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article S. 8.07 Change Orders A. OWNER.is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspec- tions, tests, and approvals is set forth in paragraph 13.03.B. 8.09 limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CON- TRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. 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 I 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- mental)' Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may deter- mine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRAC- TOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Respon- 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 I 11 I L C I I I I I I I I I I I I I I I I I I I I I I [1 or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees. Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (u) 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. I 00700-29 0 • .I 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. I Li I i I I I '1 I I I Li I 00700-30 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. I 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- ,, talons. 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. I. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. It. 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: 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.OI.A.1 or specifically covered by paragraph 1I.01.A.4, all of which are to be I00700-31 I considered administrative costs covered by the antes have been included in the Contract Price and not CONTRACTOR's fee. in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the B. Prior to final payment, an appropriate Change Order Site. will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work 3. Any part of CONTRACTOR's capital expenses, covered by allowances, and the Contract Price shall be including interest on CONTRACTOR's capital employed correspondingly adjusted. for the Work and charges against CONTRACTOR for delinquent payments. 11.03 Unit Price Work 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus. CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances 2. there is no corresponding adjustment with , respect any other item of Work; and A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract 3. if CONTRACTOR believes that Documents and shall cause the Work so covered to be CONTRACTOR is entitled to an increase in Contract performed for such sums as may be acceptable to OWNER Price as a result of having incurred additional expense or and ENGINEER. CONTRACTOR agrees that: OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as 1. the allowances include the cost to CONTRAC- to the amount of any such increase or decrease. 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 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 C CONTRACTOR's overhead and profit for each separately `L 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. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allow - I 00700 -32 I ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 1 12.01 Change of Contract Price I I :1 11 t✓ L1 I I I I 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.O1.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 under paragraphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.01.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 11.Ol.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.O1.A.5, and 11.01.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 12.01.C.2.a through 12.01.C.2.e, inclu- sive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by I U'4001 tlt] 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 �. 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.B shall be paid as provided in said paragraph 13.04.B; and 3. as otherwise specifically provided in the Con- tract Documents. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. I I I I I [1 C1 I 1> I I I I LI I [1 I I I I I I fl I I I I I I I 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 00700-35 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. B. In exercising the rights and remedies under this paragraph. OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's seryices 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 11 Li I 7 Li I I I I 00700-36 I. 0 :1 14.02 Progress Payments I I I I I I I I I I 1 I 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 Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and 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: 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 panics that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recom- mending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CON- TRACTOR's failure to comply with Laws and Regu- lations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for 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, 00700-37 revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in para- graph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recom- mendation, the amount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or fur- nishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRAC- TOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C. 1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Comple- tion ENGINEER will deliver to OWNER and CONTRAC- TOR a written recommendation as to division of responsibili- HI I I P Li I I I I I I I 1 I I 11 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 pan 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 pan 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 I L� I U r L' LJ 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 pan of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all main- tenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.8.7; (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 00700-39 B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CON- TRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying docu- mentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWN- ER to CONTRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CON- TRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRACTOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate I I I U r1 I I I Cl I I I I I I I I I I I I I I I 1J I I [1 I the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGI- NEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. S • I 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 limes A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. I I I I I I ri I 1J I I I I 00700-42 ' I I U I I I I I I I I I AASHTO - American ' ACI - American AGA American AHTD Arkansas ASHTD - Arkansas ' AISC - American ANSI American I The following Supplementary Conditions emend or supplement the Standard General Conditions of the Construction Contract (EJCDC No. 1910-8, 1990 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. SC -1 Definitions and Abbreviations: In addition to the provisions of Article 1, the following supplemental definitions apply: Owner' shall mean the City of Fayetteville, Arkansas, acting thorough its duly authorized representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701. Engineer shall mean the City of Fayetteville Engineering Division (telephone 501-575-8206). Note "OWNER", "ENGINEER" and "OWNER and ENGINEER" may be used interchangeably. "Resident Project Representative" shall be the authorized representative of the "Engineer". "Surety" or "sureties" shall mean the bondsmen or party or parties who have made the fulfillment of the contract by bonds, and whose signatures are attached to such bonds. "Advertisement" shall mean the all legal publications pertaining to the work of this contract. "Plans" shall mean, collectively, all of the drawings pertaining to the contract and made a part thereof, and also such supplementary drawings as the Engineer may issue from time to time in order to clarify the drawings, or for the purpose of showing changes in the work as authorized under the section "Modifications and Alterations," or for the showing of details which are not shown thereon. "Grade" as used in these specifications shall mean and indicate the established elevations of the paving, flow lines of sewers and other appurtenances as shown on the plans on file in the Engineer's office. Whenever the following abbreviations are used, they shall have the corresponding meaning as shown below: Association of State Highway Officials Concrete Institute Gas Association Highway and Transportation Department Highway and Transportation Department Institute of Steel Construction National Standards Institute 1 I APA - American Plywood Association ASA - American Standards Association ' ASTM - American Society for Testing Materials AWG American Wire Gage AWPA American Wood Products Association AWS - American Welding Society ' AWWA - American Water Works Association GSA General Services Administration, U.S. Government NHBA - National Builders Hardware Association ' NEC - National Electric Code NHMA National Electric Manufactures Association NYPA National Pire Protection Association NPT - National Pipe thread . ' SBC - Standard Building Code (also SSBC) SPA Southern Products Association UL - Underwriters Laboratories 1 A - Ampere cfm - cubic feet per minute ' COMP _ corrugated galvanized metal pipe DIP ductile iron pipe gpm - gallons per minute Hp - horsepower ' The _ pounds MOD million gallons per day N.C. - normally closed N.O. _ normally open ppm parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) R - motor starter relay RCP reinforced concrete pipe rpm - revolutions per minute ' T.D. - time delay TDH total dynamic head v volt ' SC -2 Preliminary Matters Add the following to i ediately follow paragraph 2.2 of the General Conditions. $C-2.2 Cgpjee of Documents: Article 2.2 of the General Conditions shall be amended to read that Not less than five (5) bound copies of the proposal, contract, and stipulations shall be prepared and submitted to the OWNER for execution, each containing an exact copy of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed and the Contract signed by both parties thereto. However, the CONTRACTOR and the surety executing the bond shall not date the contract or the bond upon submission or execution by the OWNER. These documents will be dated the date the OWNER executes the contract. OWNER shall furnish to CONTRACTOR up to two (2) copies of the contract documents I r: as are reasonably necessary for the execution of the work. Additional copies will be furnished, upon request, at the cost of reproduction. Sc 2.7. Furnishing of Insurance Data. Delete all references to OWNER supplied and OWNER delivered insurance. I Add the following new paragraphs immediately after paragraph 5.1 of the General Conditions which reads as follows: ' sc5.i.1 Resident Agent. The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner Ito represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a ra eidgen shall not be sufficient. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not ' authorized to do business in the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. acs_1.2 Additional information. The Contractor shall provide the bonds as described in these sections within ten (10) days after the receipt of the NOTICE ' OF AWARD. For contracts in excess of $100,000.00 the bonds shall be issued by a bonding ' company listed by the A.N. BEST Rating Book as follows, (1) contracts in excess of $100,000.00, but less than $1,000,000.00 - "B+" rating or higher and contract amount may not exceed 2.0% of the policyholder's ' surplus. (2) contracts in excess of $1,000,000.00 - "A" rating or higher and contracts may not exceed 2.0% of the policyholder's surplus. The expense of all bonds shall be borne by the CONTRACTOR. Sc 5.2. Delete paragraph 5.2 of the General Conditions in its entirety and replace with the following new paragraph 5.2: ' Sc 5.2. If at any time a surety on any such bond is declared bankrupt or loses its right to do business in the State of Arkansas or is removed from the above list of surety companies, the CONTRACTOR shall within ten (10) days after notice ' from the bond company that conditions are as described in this sentence and/or after notice from the OWNER to do so, substitute an acceptable bond or bonds in 1 3 I I I [I I I [1 I I I I I I I I I I I such form and sum and signed by other surety or sureties as may be satisfactory to the OWNER. The premiums on such bonds shall be paid by the CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable bond to the OWNER. SC5.3.1 Add the following new paragraph immediately after paragraph 5.3.]. of the General Conditions which reads as follows, The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not authorized to do business in the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. SC5.3.7 Delete the second sentence of paragraph 5.3.2 ("OWNER shall deliver to Contractor. . .") in its entirety. SC5.4. CONTRACTOR'S Liability Insurance, Add the following paragraphs immediately after the respective paragraphs contained in paragraph 5.4 of the General Conditions: SC5.4.14 The limits for liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts or the greater where required by laws Workers Compensation: 1) States Statutory 2) Applicable Federals Statutory 3) Employer's Liability, $100,000.00 each occurrence Comprehensive General Liability: $1,000,000.00 Combined Single Limit Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment exclusion deleted and broad form property damage. Comprehensive Automobile Liability Bodily Injury: $1,000,000.00 Each person ' $2,000,000.00 Each occurrence Property Damage: $500,000.00 Each occurrence or a combined single limit of $2,000,000.00. SC5.i OWNER'S Liability Insurance. Delete paragraph 5.5 of the General ' Conditions in its entirety and insert the following in its place: S.S. G R'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and hold harmless the OWNER and the ENGINEER and their agents and employees from and against all losses and claims, demands, payments, suits, actions, recoveries, judgements of every nature and description brought or recovered against them by reason of omission or act of the CONTRACTOR, ' his agent('), employees, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, in the execution of the Work or guarding of it. The CONTRACTOR shall obtain in the name ' of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less that $2,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect the OWNER and ENGINEER from contingent liability under this contract. ' SC5.6 Property Znaurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: ' PropertyInsurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value ' thereof (subject to deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations) but not lees 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-risks insurance for physical lose and damage including theft, vandalism and malicious mischief, collapse, flood, and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers, architects, attorneys and other professionals). If not covered under the •a11 -risk" insurance or otherwise provided in these 5 Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an application for payment. The polices of insurance required to be purchased and maintained by the CONTRACTOR in accordance with this paragraph 5.6 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal ' refused until at least 30 days prior written notice has been given to the OWNER by certified mail and will contain wavier provisions in accordance with General Condition paragraph 5.11.2. Sc5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its places Sc5.7 Other ne,.renre. The CONTRACTOR is to protect the OWNER against all lose ' during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR shall be responsible for the determination of and procurement of any additional insurance needed. ' Scs u Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its places Sc 5.8. Policies shall also specify that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. ' All polices will provide for 30 days written notice (certified mail shall be required) prior to any cancellation or non -renewal of insurance policies required under the Contract. Any ouch wording as "will endeavor" or "but failure to mail ' such notice shall impose no obligation or liability of any kind upon the Company..." shall be deleted from the certificates. SC5.10. Delete paragraph 5.10 of the General Conditions in its entirety. Sc5.12. Receipt and Application of Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. ' $C5.13. Delete paragraph 5.13 ofthe General Conditions in its entirety. Add a new paragraph 6.6.3 read: I immediately following paragraph 6.6.2 which shall 2 L An updated schedule, in the format specified in the Technical Specifications, shall be required with each submittal for progress payment by the CONTRACTOR. Failure to provide an accurate schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to CONTRACTOR. ' Add a new paragraph 6.30.3 immediately following paragraph 6.30.2 which shall readt ' For a period of one year, or longer if specified by special guarantees or by law, the Contractor shall at the Contractor's expense make all repairs and replacements necessitated by defects in the materials, workmanship or prosecution of the Work supplied under this contract, and pay for any damage to other works or property resulting from such defects. The Contractor shall hold the Owner and Engineer harmless from any liability of any kind arising from said defects. The effective date for the beginning of the one year warranty period will be as decided by the Engineer and will be either the date of the Engineer's recommendation for Final Payment in accordance with Article 14.13, Final Payment and Acceptance, or the date of Substantial Completion as specified in Article 14.8. The Contractor shall make all repairs or replacements promptly upon receipt of written order for the repairs or replacements from the Owner. If the Contractor fails to make the repairs or replacements promptly, the Owner may perform the work and the Contractor and the Contractor's Surety shall be liable for all costs thereof. SC 7 OTHER WORK ' Sc 7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows, ' SC 7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor (or separate party) at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate t contractor (or separate party) against CONTRACTOR, OWNER or ENGINEER, or any such parson, 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 I Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, looses 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 I 7 H I • • 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 i General Conditions. An extension of the Contract Time shall be the CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor (or separate party). This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective contractual responsibilities. i SC -8 OWNER'S RESPONSIBILITIES SC 8.5 Delete paragraph 8.5 of the General Conditions in it's entirety. SC10 CHANGES IN THE WORK Add a new paragraph 10.6 immediately following paragraph 10.5 of the General Conditions to reads 10.6. Limits of Authority. CONTRACTOR shall note and abide by the following •i OWNER'S and ENGINEER'S limits of authority for changes in the Work which require a change in the Contract Price and Contract time. Except in the case of extreme emergency to protect public safety, public welfare ' or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall applyr i Engineer's Representative - No authority. Engineer - No authority. Mayor - $20,000.00 (Accumulative). All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall require the formal approval of the Fayetteville City Council prior to execution of the work resulting in the price or scope change. i HC 11 CHANGE OF CONTRACT PRICE. M1 ' 3C 11.9_ Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place. i 11.9.3 The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions, 11.9.3.1 if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of i the Contract Price and the variation of the quantity of i 8 that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item indicated in the ' Agreement, and 11.9.3.2. if there is no corresponding adjustment with respect to any other item of Work, and I 11.9.3.3 if CONTRACTOR believe that it has incurred additional expense as a result thereof, or 11.9.3.4 if OWNER believes that the quantity variation entitles OWNER to an adjustment in unit price, then 11.9.3.5 either OWNER or CONTRACTOR make a claim for and adjustment in the Contract Price in accordance with Article 11 of the General Conditions if the parties are unable to agree as to the effect(s) of any ouch variations in the quantity of Unit Price Work performed. SC -13 TESTS AND INSPECTIONS, CORRECTION. RXKOVAL OR ACCEPTANCE OF DETECTIVE ' WORE. SC 13.3 Teets and Znapectione. Paragraph 13.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its places SC 13.3. CONTRACTOR shall give the ENGINEER proper notification as detailed below and cooperate with the testing and inspection of the Work. SC 13.3.1. All teats require a minimum notice of 24 hours. The 24 hours is a minimum only, the exact time for testing and required inspections shall be determined by the Engineer. Sc 13.3.2. All field tests required for a project shall be witnessed by the ' City Engineering Division representatives in the presence of the ENGINEER and CONTRACTOR, or their approved representatives. SC 13.4 Paragraph 13.4 of the General Conditions is hereby deleted in its entirety and the following substituted in its places SC 13.4_ CONTRACTOR shall employ and pay for the services of an independent ' testing laboratory to perform all tests as required by the Contract Documents. CONTRACTOR shall be responsible for the cost of all equipment, materials, labor, testing procedures and lab work for all tests as outlined in these ' specifications. ENGINEER shall have the right to approve or reject CONTRACTOR'S proposed lab based upon sound Engineering principles. Copies of all testing reports must be forwarded directly to the Engineer by the testing laboratory. ' OWNER shall provide all inspection services required by the Contract Documents and normally associated with the diligent progress of the Work (Except as detailed in paragraphs 13.4.1,2,3.) Prior to final acceptance by OWNER, the ' project shall be subject to a final inspection by designated representatives of the OWNER and CONTRACTOR. I C I IARTICLE 14 PAYMENT TO CONTRACTOR AND COMPLETION_ Sc 14.2 Application for Progress Payment. Paragraph 14.2 of the General Conditions is hereby deleted in its entirety and the following substituted in its place; SC 14.2.1. Monthly estimates will be prepared to include all work accomplished ' for the period ending the third Friday of each month; or SC 14.2.2. Progress payments will be prepared at regular intervals, as scheduled by joint consent of the CONTRACTOR and the ENGINEER at the pre -construction conference. SC 14.2.3. The ENGINEER, based upon data gathered during the construction ' process, will make an estimate of the value of the Work done and materials furnished in place during the previous estimate period. The CONTRACTOR shall furnish to the ENGINEER such detailed information including invoices from material suppliers as the ENGINEER may request to aid in the preparation of the I progress payment estimate. All payment requests are subject to retainage as determined by the ENGINEER. Retainage shall be 10% of said estimate until 50% of the work has been fully completed. At 50% completion, further partial payments shall be made to the contractor in full with no additional retainage unless the ENGINEER determines that the project is not progressing satisfactory, in which case additional retainage may be retained to a maximum of 10%. When the work is substantially completed, any retained amount may be paid to the contractor except the OWNER shall retain an amount sufficient to cover any work not yet completed. The release of retainage will be determined by the ENGINEER. If the OWNER or ENGINEER shall at any time fail to make the CONTRACTOR a monthly estimate at the time herein specified, such failure shall not be held to violate or void the Contract. Note, the failure of the Contractor to provide an accurate and current schedule update shall be reason to reject CONTRACTOR'S request for progress payment. SC 14.4. Review of Applications for Progress Payment. Delete the last sentence of paragraph 14.4 of the General Conditions and replace ' with the following; After the required internal reviews and processing by the City of Fayetteville, ' the City will diligently proceed to make payment to the contractor, in accordance with the approved payment request, within 30 days. All efforts will be made to make payments within the 30 day period, but the City cannot guarantee the 30 days maximum time. I I I M I I LI I I I I The work shall be as shown upon the contract drawings and defined within the contract specifications, referenced AHTD Standard Drawings and Specifications and shall include the furnishing of all materials, equipment, tools, supplies, plant, labor and others as necessary in the construction of work generally as followsz Al]. traffic control, trenching, bores, encasements, sanitary sewer lines, tie-ins, sewer lines, sewer manholes, sewer appurtenances, abandonment of existing encasement including pressure concrete grout, trench safety, erosion control and all other construction required for the sewer crossing under 1-540 as shown in the contract documents. No attempt has been made to segregate work to be performed by any trade or subcontract. Any segregation between the trades or crafts will be solely a matter for agreement between the Contractor, subcontractor, and their respective employees. The Specifications as a whole will govern the construction of the entire work. The applicable provisions will govern work to be performed under each schedule. I I I I I I I I I I 2. Referenced AHTD Standard Specifications and nrawings. The AHTD Standard Specifications contained in the "Standard Specifications for Highway Construction, Edition of 1993, published by the Arkansas State Highway Commission are hereby referenced and made a part of these Specifications. These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas. The ARID Standard Specifications, and Standard Drawings when referenced in the bid schedule shall be used as the Technical Specifications for this specific project. The Standard "Front-endspecifications, including the Advertisement for Bids, instructions to Bidders, Bid Proposal, Contract, General Conditions, Supplemental Conditions, Performance and Payment Bonds and Section 100 - "General Project Requirements' shall be as contained and shown in this specific net of Contract documents and specifications. All conflicts and discrepancies shall be resolved in the favor of the Contract Documents and Specifications as written by the City of Fayetteville. Special attention is directed to paragraph 28 - Testing - of this Section 100 for additional requirements for all tests. After the contract bonds and certificates of insurance have been delivered to the Owner, and the contract has been executed, the Engineer will issue a Notice To Proceed in accordance with the General Specifications which shall designate the date the contract will commence. I Section 100 page 1 I The Contractor shall complete the project within sixty (45) calendar days from the date specified in the Notice To Proceed. For this specific project the requirements for a formal schedule to be submitted by the contractor are omitted. The Owner may require the Contractor to add to his plant, equipment, or ' construction forces, as well as increase the working hours, if operations fall behind the approved schedule to an extent that the co•mpletion of the work within the specified time appears doubtful. If conditions beyond the control of the Contractor justify, and the Contracting Authority approves an extension of contract time, the Contractor shall revise the construction schedule in accordance with the approved extension. t 4. Submittals. ' The following submittals may be required for this specific projects a. Manufacturer's data for all pipe material, fittings, valves and fire 1 hydrants. b. Schedules as noted in paragraph 5 below. ' 5. Schedules. For this specific project the requirements for a formal schedule to be submitted by the contractor are omitted. 6. Lands and Rights of wave. The necessary rights -of -way and easements for the project and to carry out the work along the project will be provided by the City of Fayetteville except for restrictions as noted below. The contractor shall confine his construction operations to the immediate vicinity of the locations shown on the plans and shall use due care in placing construction tools, equipment, excavated materials, and pipeline materials and supplies, so as to cause the least possible damage to property and interference with traffic. The placing of such tools, equipment, ' and materials shall be subject to the approval of the Engineer. The City of Fayetteville will not be responsible for haul road to and from the right-of-way. The contractor shall not store any material, place any construction material or trench material, place any equipment or activities nor allow any workmen off of the defined construction area. The City of Fayetteville will not provide a materials storage area, a staging area or any other area for use by the contractor except for the actual water line and appurtenance construction. ' The contractor shall not store any materials upon the streets or within the street right-of-ways or on the utility or water line easements which will not be installed within the same day. The contractor shall not store any materials in ' any private yard without first furnishing to the Engineer a copy of written permission from the property owner. The Contractor shall be responsible to obtain any storage or yard areas the contractor requires. 1 Section 100 page 2 The Contractor shall be responsible for all damage to all property outside of the rights -of -way and easements, and shall make satisfactory settlement for the damage directly with the property owner and tenant involved, as their interests may require. All work performed, and all operations of the Contractor, his employees, or his subcontractors, within the limits of railroad and highway rights -of -way shall be ' in conformity with the requirements, and be under the control (with the city of Fayetteville), of the railroad or highway authority owning or having jurisdiction over and control of, the right-of-way in each came. All existing fences which interfere with the construction operations shall be maintained by the Contractor until the completion of the work affected thereby, unless written permission is obtained from the City of Fayetteville thereof, to leave an interfering fence dismantled for an agreed period of time. Where fences must be maintained across the right-of-way, adequate gates shall be installed therein. Gates shall be kept closed and locked at all times when not in use, 'with duplicate keys furnished to the Engineer. Upon completion of the work across any tract of land, the Contractor shall restore all fences to their original or to a better condition and quality, purchasing new material and replace all materials lost, damaged, or destroyed. Temporary gates installed by the Contractor in any fence line may be left in place with the permission of the property owner and tenant of the property. All materials used in fence repairs or replacements shall be approved by the Engineer. ' 7. Protection and Maintenance of Public and Private Property. The Contractor shall protect, shore, brace, support, and maintain all underground constructions uncovered or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, and other surface structures affected by construction ' operations in connection with the performance of the Contract, together with all sod and shrubs in yards and parking removed or otherwise damaged, shall be restored to their original condition as determined and approved by the Engineer. All replacements shall be made with new materials. The Contractor shall be ' responsible for all damage to streets, roads, highways, shoulders, ditches, embanlm�ents, culverts, bridges, or other public or private property or facility, regardless of location of character, which may be caused by moving, hauling, or 1 otherwise transporting equipment, materials, or men to or from the work or any part or site thereof, whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. Maintenance of Traffic. The Contractor shall be responsible for the maintenance of traffic. All work within AETD right-of-way shall be in conformance with the AETD requirements, including but not limited to any AETD permit requirements. Section 100 page 3 I I I I I I I I I I I I I I The Contractor shall be responsible to keep all existing lanes of traffic of I- 540 safe and open to the public. If the contractor must close any portion of the service roads, then the contractor shall keep a minimum of one lane safe and open and shall provide appropriate flagmen and signage. The contractor shall limit the trenching and pipe installation to the work which can be installed, inspected and properly backfilled within the working day and shall not block any private drives. Open trenches shall not be allowed to remain overnight. The contractor shall provide traffic control personnel and signage as necessary for public safety. Unless noted otherwise on the plan documents, pipelines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the beet information available to the Engineer. The Engineer and Owner does not guarantee to accuracy of such information. House sewer connections, water and gas services, and other utility lines may not be indicated on the plans. The Contractor shall make every effort to locate all underground pipelines, conduits, and structures by contacting owner of underground utilities and by prospection in advance of trench excavation. The moving of planned improvements to avoid conflict with existing pipelines and other existing installations and structures in the vicinity of the work to be done for the convenience of the Contractor shall be accomplished at no additional cost to the Owner. All work shall be done to the lines, grades, and elevations shown on the plans. The Contractor shall keep the Engineer informed, a reasonable time in advance, of the times and places at which he wishes to work, so that reference points in accordance with General Conditions Article 4.4 may be established, and/or, measurement for record and payment may be made with minimum inconvenience to the Engineer and minimum delay to the Contractor. The Contractor shall furnish, without charge, competent man from his force and such tools, stakes, and other materials as the Engineer may require for restaking and work required to be restaked. The Contractor will not proceed with the work unless there is an accurate grade stake at a maximum distance of 50 feet. Any restaking or other field work deemed excessive by the Engineer will be billed to the contractor at a rate equal to comparable local rates (when performed by the City, or at contract Engineering rates when contracted) and deducted from the contractor's payments. I Any work done without being properly located on grade or off alignment, may be ordered removed by the Engineer and replaced at the Contractor's expense. I [1 The Contractor,on the basis of the schedule and progress, shall be required to notify all adjacent property owners a minimum of 48 hours in advance of I Section 100 page 4 I occupying, storing materials on, or performing work on any right-of-way or easement. I I I I I I U I I Il I I I rL I All planned interruptions of water service shall be coordinated with the Engineer and the Fayetteville Water Department. A minimum of 72 hours notice shall be required. Service interruptions, if and when allowed by the Engineer, shall be scheduled between 8:00 a.m. and 5:00 p.m. unless specifically approved otherwise. It shall be the responsibility of the Contractor to provide a minimum of 72 hours advance notice to the Engineer, Traffic Department, Police and Fire department prior to cutting or blocking any public street or roadway. In general, the Contractor shall be responsible for the all material furnished by him and shall replace at his own expense all such material found defective in manufacture or damaged in handling. This shall include the furnishing of all material and labor required for the replacement of installed material discovered defective prior to final acceptance of the work. The Contractor shall be responsible for the delivery and distribution of materials at the site. The Contractor shall be responsible for the safe storage of materials furnished by or to him and accepted by him, and intended for the work, until it has been incorporated into the completed and accepted project. All materials shall be stored in strict conformance to the manufacturer's recommendations. Materials shall be stored so as to ensure the preservation of their quality and fitness for the Work. When directed by the Engineer, the materials shall be placed upon a wooden platform or other hard clean surfaces and not on the ground, and shall be placed under cover when so directed. Stored materials shall not be located so as to impede work or inspections. Pipe and accessories shall be loaded and unloaded by lifting with hoists or other equipment so as to avoid shock and damage. Under no circumstances shall material be dropped or dumped. Pipe handled on skidways shall not be skidded or rolled against pipe previously unloaded onto the ground. In distributing pipe material at the site, each piece shall be unloaded opposite or near the place it is to be laid in the trench. The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign material at all times. Pipe shall be so handled that the coating and lining will not be damaged. However, if any part of the coating or lining is damaged, the repair or replacement shall be made at the Contractor's expense in a manner satisfactory to the Engineer. NOTE: The City of Fayetteville will not provide a materials storage area, a staging area or any other area for use by the contractor except for the actual water line and appurtenance construction. The contractor shall not store any materials upon the streets or within the street right-of-ways or upon the water line and/or utility easements which will not be installed within the same day placed at the street. The contractor shall not store any materials in any private yard without first furnishing to the Engineer a copy of written permission from the property owner. I Section 100 page 5 1 • • I The Contractor shall be responsible to obtain any storage or yard areas the contractor requires. Li Refer to paragraph 6.3 of the General Conditions. ' All work shall be performed during the normal work hours of the City of Fayetteville Engineering Office, 8:00 a.m. - 5:00 p.m., Monday through Friday. Except in an emergency to protect public health, safety or welfare or to protect existing work, no overtime work, no work on Saturday or Sunday. nor work on any legalliday shall be permitted without specific written pro -authorization by the Engineer. 14. Monthly Eetimates and Payments. Refer to Article 14 of the General Conditions and the associated Supplemental ' Conditions. ' Unless otherwise indicated or specified, the Contractor shall provide for all necessary connections to existing utilities such as water, sewer, telephone and electric. In each case, the Contractor shall receive advance permission from I. utility owner prior to providing for connections. Contractor shall protect facilities against deleterious substances and damages. ' Connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuous ' (around the clock) as necessary to complete the connections in minimum time. Operation of values or other appurtenances on existing utilities, when required, shall be by or under the direct supervision of the owning utility. ' All connections to the water and/or sewer facilities owned by the City of Fayetteville shall be coordinated with and shall be inspected by the City of Fayetteville's Engineering Division and the Water/Sewer Department. 1 16. T. -••'o Facilities. ' (a) Utilities. All water, electricity and other utility services required by the Contractor for 1 operation of Contractor's plant or equipment, or for any other use by the Contractor to conduct or to expedite the work shall be provided by the Contractor at his sole cost and expense. The Contractor shall arrange for service at his ' discretion from the appropriate utility company, and shall assume liability for all charges until the improvements have been accepted by the Owner. When applicable, the Owner will request the transfer of the service on that date, and assume the liability for charges incurred by the Owner from that date forward. Section 100 page 6 1 I • • Water to be used to teat, flush and place the new water line in service shall be provided by the City of Fayetteville. (b) Sanitary Facilities. The Contractor shall furnish temporary sanitary facilities at the site for the needs of the Construction workers and others performing work or furnishing services on the project. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically -treated type are used, at least one toilet will be furnished for each 20 workers. The Contractor shall enforce 'the use of such sanitary facilities by all personnel at the site. 17. Operation and Maintenance Data and Manuale_ Adequate operation and maintenance information shall be supplied to the Engineer for all equipment requiring maintenance or other special attention. The equipment supplier will prepare an operation and maintenance manual for each type of equipment indicated herein. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed in the following schedule. Information shall be required for. All valves 6 inch and larger, All fire hydrants. 1 18_ Tree and plant protection. ' No trees or cultured plants shall be cut, trimmed or removed unless clearly shown on the plans or marked by the Engineer. All trees and other vegetation which ' are so marked and must be removed to perform the work, shall be removed and disposed of by the Contractor. No on -site burning shall be permitted. All protection of trees, trimming and repair of trees and plants shall be performed by qualified nurserymen or horticulturists in accordance with the City of Fayetteville's Ordinance Chapter 162 "TREE PROTECTION AND PRESERVATION. ' The contractor shall be responsible for protection of the site, and all work, materials, equipment and existing facilities thereon against vandals and other unauthorized persons. Security measures shall be at least equal to those usually ' provided by the Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, lighting, barricades, watchman's services and other measures as required to protect the site. No claim shall be made against the Owner by reason of any act of an employee or trespasser, and the Contractor shall make good all damage to Owner's property resulting from Contractor's failure to provide adequate security measures. Section 100 page 7 i • • I20. Safety_ The Contractor is further notified and reminded of the potential presence of 1 children and pedestrians in the general vicinity of the project. The Contractor shall take all measures necessary and as required by the General Conditions (Article 6) to protect the General Public, animals and property from ' harm due to the construction activities including the project site. The contractors shall provide all necessary trench safety measures. Refer to section 31 which follows. 21. Parking. The contractor shall provide and maintain suitable parking areas for the use of the construction workers and others performing work or furnishing services in ' connection with the project, as required, to avoid any need of parking personal vehicles where they may interfere with the owner's operations or construction activities, or normal traffic operation on public and/or private roads. I 22. Duet Control. The Contractor shall take all reasonable measures to prevent unnecessary dust. ' Earth surfaces subject to dusting shall be kept moist with water or application of an approved chemical dust suppressant. Dusty materials in piles or transit shall be covered to prevent blowing. ' Buildings or operating facilities which may be adversely affected by dust shall be adequately protected. Existing or new machinery, motors, instrument panels or similar equipment shall be protected by suitable dust screens which include ' adequate ventilation features. ' 23. Temnorary Drainage and Erosion Control Proviaione_ The Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in the performance of the work. Drainage facilities shall be adequate to prevent damage to the work, the site and adjacent properties. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry increased runoff attributable to the Contractor's operations. Temporary dikes shall be constructed as necessary to divert increased runoff from entering adjacent properties (except in natural channels or storm sewers), to protect the Owner's property, facilities and the work, and to direct water into natural channels or conduits. Retention shall be provided as necessary to prevent downstream flooding. ' The Contractor shall prevent the erosion of soil on the site and adjacent property resulting from the construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation or other ' operations that will disturb the natural vegetation or protection. Erosion measures may include hay bales, silt fencing, jute mat, fast growing vegetation, and ponds. work shall be scheduled on exposed areas subject to erosion for the shortest ' Section 100 page 8 possible time, and natural vegetation shall be preserved to the greatest extent possible. Temporary storage areas, construction building and access shall be located to minimize erosion. The Contractor shall be responsible for application and acquisition of all necessary permits, including coverage under the Federal/State NSPDE Regulations for Storm Water Management and the city of Fayetteville's Physical Alteration of Land (Grading permit) when applicable. Unless specifically included as separate bid item(s), all Work necessary for the control of storm water runoff shall be considered as subsidiary to the project and no separate payment shall be made to the Contractor. The Contractor shall apply with all requirements of the General Conditions and all Federal, State and local laws and regulations governing pollution. Additionally, the Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment debris and other substances resulting from construction activities. No sediment, debris or other substances shall be permitted to enter any sanitary sewers, storm sewer, nor any drain or watercourse. During construction, the Contractor shall keep the construction area in a clean, neat and workmen like condition at all times. Pipe, equipment, and all other materials shall be stored and protected in an area away from the construction activities. As soon as practicable, the area around all structures shall be backfilled, and the entire area maintained in a neat condition. 26. Access_ The Contractor shall provide for safe and ready access to the construction activities during working hours or as requested to authorized representatives of the City of Fayetteville and other State or Federal Agencies as required. 27- Construction Observation Znapection. Construction observation and inspection shall be by the City of Fayetteville Engineering Division. The Contractor shall note the requirements of a detailed schedule and note all requirements for the scheduling of tests and test requirements as noted in Technical Specification section 100.28 TRSTZNO_ The Engineer shall have no responsibility to the Contractor or subcontractor for the supervision of personnel or layout of work. Prior to final acceptance by the City, the project shall be subject to a final inspection by designated representatives of the City of Fayetteville and the Contractor. Section 100 Ll ' The Contractor shall be responsible for the cost of all equipment, materials, labor, testing procedures and lab work for all teats as outlined in these specifications. The City of Fayetteville shall have the right to approve or ' reject the contractors proposed lab based upon sound Engineering principles. Copies of all testing reports must be forwarded directly to the Engineer by the testing laboratory. I L i F I I I 11 I I I I I All field tests required for a project shall be witnessed by the City Engineering Division representatives in the presence of the Engineer and Contractor, or their approved representatives. All tests require a minimum notice of 24 hours. The 24 hours is a minimum only, the exact time for testing and required inspections shall be determined by the City of Fayetteville Engineering Office. It is the intent of the proposal and the specifications that the total bid for each schedule, as submitted', shall cover all work shown on the contract drawings and required by the Specifications and other Contract Documents. All costs in connection with the work including furnishing of all materials, equipment, supplies, and appurtenances; providing all construction plant, equipment, and tools; and performing of all necessary labor to fully complete the work, shall be included in the unit and lump sum prices named in the proposal. No item of work that is required by the Contract Documents for the proper and successful completion of the Contract will be paid for outside of or in addition to the prices submitted in the proposal. All work not specifically set forth in the proposal as a pay item shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices named in the proposal. The method of measurement and basis of payment for each item shall be as listed in the proposal. Explosives shall not be allowed for excavation or any other purpose unless a detailed plan for such use is approved in writing by the Engineer, proof of blasting insurance is submitted, and experienced personnel licensed in the State of Arkansas for blasting is utilized. The plan must include as a minimum a pre - blast survey and the utilization of qualified seismographic procedures. The current edition of Occupational Safety and Health Administration Standard for Excavation and Trench Safety Systems, 29 CPR 1926, Subpart P, is specifically incorporated and made a part of these specifications and contract documents as required by Arkansas Act 291 of the 79th General Assembly of 1993. The Contractor shall be solely responsible for the implementation of these requirements. A copy of the OSHA regulations is included in this net of specifications as Appendix A. I Section 100 page 10 I 32, Utility Mix - Slurry mix "disable" backfill aka low strength flowable fill. Where shown on the plans, a "digable" backfill, also called utility mix, shall be used. The utility mix shall be a low strength concrete mixture that is readily digable with standard equipment. The mixture shall be in the ratio of 2500 lbs sand: 100 lbs cement: 200 lbs flyash. The mixture shall be plant mixed and shall have a compressive strength of 300 psi ' at 28 days. The design of the mix may be modified if approved in writing by the Engineer. Normal strength concrete shall not be used for utility mix. I 33. "Hillside" fill. "Hillside" fill material, where shown on the plans or in the bid schedule, shall be cherty clay material locally referred to as "hillside". All "hillside" material shall be supplied from off -site location and shall be subject to approval by the Engineer. Compaction of "hillside" shall be as shown on the 'drawings or as specified int the technical specifications. I I I I I I I I I I 34. Disposal of waste materials. The Contractor shall be responsible to disposal of all waste materials of all types and conditions, including excavation materials not specified for reuse as backfill, in compliance with all Federal, State and City of Fayetteville laws, rules and regulations. The Engineer shall have the right to require the Contractor to document the location of the disposal area and provide proof of compliance with all Federal, State and City of Fayetteville laws, rules and regulations for disposal of the materials. 35. Wage Rates. The Contractor shall be responsible to pay the prevailing wage rates as determined by the State of Arkansas. End of Section 100 - General Project Requirements Section 100 page 11 I Section 110 METHODS OF MEASUREMENT AND PAYMENT ' A. GENERAL Methods of measurement and payment as set out in the Specifications covering the ' various items of construction are hereby clarified and superseded as set out herein. Wherever they are not clarified or superseded herein, methods of payment as provided in the applicable section of the Specifications shall govern. Payment for all work under this contract shall be made at the unit and lump sum ' prices bid under the various items of the Bid as hereinafter set out. I I I LJ I L C1' I I I Bid Items 1 and 2 - Sewer Line Pine Payment for pipe shall be made at the unit prices bid per linear foot for the various types and sizes of pipe, complete in place. The prices bid shall be full compensation for clearing, temporary fencing where necessary, right of way preparation, surface removal, disposal of waste materials, stripping and stockpiling topsoil where required, trenching, disposal of trenched materials, furnishing and laying pipe, pipe bedding material, pipe detection tape, testing, cleanup, repairing fences, seeding, fertilizing, mulching, and every other item required for a complete installation as specified. Measurement will be based on the total length of the line. Measurement shall be made with a 100 foot tape along the centerline of the pipeline before the pipe is inserted into the encasement or trench. The footage installed to be paid for will be reflected in a daily written report, a copy of which will be furnished to the Contractor. Bid Items 3 - Smooth Steel Encasement Payment for smooth steel encasement shall be made at the unit price bid per linear foot installed complete in place. The price shall include spacers, endcaps, and installation and restoration of all bore pits as indicated on the plans and every other item required for a complete installation as specified. Measurement shall be made with a 100 foot tape along the centerline of the encasement before the encasement is inserted through the bore hole. Bid Item 4 - Cast -in -Place Sanitary Sewer Manhole Payment for Cast -in -Place Sanitary Sewer Manholes will be made at the unit price bid under this item. The unit price bid shall include the complete installation of the manholes, rings and lids, and restoration of all excavated areas as indicated on the plans. Bid Item 5 - Abandonment of Sanitary Sewer Manhole Payment for abandonment of sanitary sewer manhole shall be made at the 1 unit price bid. The price shall include the removal of the upper three ' feet of the manhole, the filling of the manhole with utility mix, and complete restoration of the excavation pit as specified on the plans. ' Bid Items 6 - Utility Mix (flowable fill) ' Payment for the utility mix to be used for abandonment of the existing sanitary sewer crossing will be made at the unit price bid. The price shall include all components of the mixture, including pumping aid as needed, as specified in these specifications. Bid Items 7 - Abandonment of Existing Sanitary Sewer Crossing I I I I I I I I I I n Payment for the abandonment of the existing sanitary sewer crossing will be made at the unit price bid. The price shall include installation and restoration of all pits needed for the pumping of utility mix into the existing crossing, and the verification that the crossing is completely filled with said mix, as specified on the plans. The price shall include the removal and replacement of the AHTD sign as specified on the plans. Bid Item 8 - Concrete Ditch Repair Payment for concrete ditch repair shall be made at the unit price bid per square yard. The unit price bid shall be full compensation for the removal and disposal of identified concrete ditch paving, furnishing and placement of concrete, all forming, labor, equipment, tools and any other items required for a complete installation for new concrete ditch paving as determined necessary by the Engineer during construction. Bid Item 9 - Connection to Existing Sanitary Sewer Manhole Payment for this item shall be made at the unit price bid. The unit price shall include core drilling the existing manhole, connection of the new line to the existing manhole by use of non -shrink grout, and dye testing of the connection to ensure a water -tight seal. Bid Item 10 - Solid Rock Excavation Payment for the excavation of "rock as defined in Section 320 of the specifications shall be made at the unit price bid per cubic yard. Such price shall be full compensation for excavation and proper disposal of "rock" as defined in section 320. Solid rock encountered in excavation of bore pits and all other pits or trenches shall be measured and paid for under this item. Bid Item 11 - Traffic Control and Safety Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for all necessary 2 I I I I I L I 7 I I I I I I I I traffic control personnel, equipment, signage and other safety devices in accordance with the MUTCD and the AHTD permit. Bid Item 12 - Trench Safety per OSHA Requirements Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for trench or excavation safety system requirements in accordance with Act 291 of the 1993 Arkansas General Assembly. Payment under this item will not be made until project is completed, accepted, and the Contractor certifies that he has met all requirements as set out in said Act 291. Bid Item 13 - Mobilization Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for all mobilization, storage and field incidentals. Payment under this item will be made as a percentage of project completion. The total amount bid for mobilization cannot exceed five percent (5%) of the total bid. Bid Item 14 - Erosion Control Devices Payment for this item shall be made in accordance with the unit price bid. The price bid shall be full compensation for complete installation of the fence and sand bags as indicated on the plans. •icaiU.— —.nztu,st,a,ttULwtiUt Payment under this item shall be made in accordance with the lump sum price bid. The price shall include all seeding and mulching as required to restore all disturbed areas to preconstruction condition. End of Section 110 Measurement and Payment 3 I Section 120 TESTING I I Li 1. General. The Contractor shall be responsible for and shall pay all any inspection or testing required in connection with the acceptance of materials or equipment incorporated in the in Article 13 of the General Conditions and Article SC -13 Conditions and paragraph 28 of Section 100, General P Testing. costs associated with Owner's or Engineer's work, as provided for of the Supplementary roject Requirements - ' 2. Certificates of Compliance. The Contractor shall be responsible for furnish to the Engineer materials and equipment manufacturers' duly sworn certificates of compliance with all requirements and provisions of applicable standards such as, but not limited to, AWWA, ASTM, ANSI, AASETO,'ABTD or others for all materials and equipment delivered to this project. ' The City of Fayetteville shall have the right to approve or reject the contractor's proposed lab based upon sound Engineering principles. Copies of all testing reports must be forwarded directly to the Engineer by the testing laboratory. 3. Specific Requirements. ' Specific requirements for testing and certificates of compliance are set forth in the Technical Specifications for each item of work. All field tests required for a project shall be witnessed by the City Engineering Division representatives in the presence of the Engineer and Contractor, or their • approved representatives. ' All tests require a minimum notice of 24 hours. The 24 hours is a minimum only, the exact time for testing and required inspections shall be determined by the City of Fayetteville Engineering Office. I I I I I I Section 300 CRUSHED STONE BASE I I I I I I I I I I I I I I I I I 1. General. The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the completion of crushed stone base in areas which are presently paved or which are to be paved, as shown on the contract plans and herein specified. 2. Materials and execution. All crushed stone base shall be Class 7 Aggregate Base Course as specified in Table 303-1, page 161, in section 303 AGGREGATE BASE COURSE, of the "Standard Specifications for HIGHWAY CONSTRUCTION," Edition of 1993, published by the Arkansas State Highway and Transportation Department. Crushed stone base course shall be compacted to a minimum of 95 percent of Modified Proctor Density (ASTM D1557-78). 3. Testing. All Testing, gradation, plasticity, modified proctor standards and in -place densities of crushed stone base course shall be performed by a qualified lab in accordance with Article 13 of the General Conditions, Article SC -13 of the Supplementary Conditions and paragraph 27 of Section 100 GENERAL PROJECT REQUIREMENTS. Each paved crossing requiring crushed stone base course shall require a minimum of one test report documenting an in -place density of at least 95 percent of Modified Proctor Density. For pipelines parallel in the street, one density test shall be taken per 250 feet or portion thereof. 4. Measurement and Payment. Crushed stone base course shall be measured and paid by the unit as established in the Bid schedule. If no separate bid or pay item exists for crushed stone base course then all crushed stone base course will be subsidiary and no separate payment will be made. 1 Section 310 PIPE BEDDING MATERIAL P Hi I I I I I I 1. General. The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the completion of pipe bedding material as shown on the contract plans and herein specified. 2. Materials and execution. All pipe bedding materials shall be: (1) ASTM D2774 - maximum particle size 1/2 inch. Contractor shall furnish laboratory data documenting compliance with ASTM D2774 requirements prior to placing of bedding material, or (2) "Grit" as locally manufactured from crushed limestone. All •grit" material shall be durable crushed aggregate with a maximum particle size of 5/16 inch and a maximum percentage passing the no. 200 sieve of 10 percent, or (3) Sand. Sand shall consist of clean, hard, durable uncoated grains free from lumps, clay and organic materials. All (100%) of "sand" shall pass a no. 8 sieve. 3. Execution. All pipe, regardless of type and material composition of the pipe, shall be bedded with a minimum of 6 inches below the pipe to a minimum of 6 inches over the top of the pipe the full width of the trench. Bedding material shall be placed in maximum of 6 inch lifts and compacted with mechanical tamping equipment. The Contractor shall use special care under pipe haunches and fittings. 4. Testing and submittals. The Contractor, prior to delivery of material, shall furnish the supplier's certificates of compliance with these specifications. I n I I I I 5. Payment. NO SEPARATE PAYMENT shall be made for pipe bedding material, complete as shown and specified. End of Section 310 1 I Section 320 ROCK EXCAVATION General. The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the excavation and proper disposal of "ROCK" as defined in the following. 2. Materials. "ROCK" excavation shall be defined as all igneous, metamorphic and sedimentary material encountered which requires the systematic drilling and/or hammering for removal. This shall include all boulders or other detached stones, each having a volume of one cubic yard or more. 3. Execution. Blasting shall not be allowed. Rock excavation shall be accomplished by the use of drilling, hammering or other mechanical means. 4, Payment. SEPARATE PAYMENT shall be made for "ROCK" excavation as further defined in SECTION 110 MEASUREMENT AND PAYMENT and the BID SCHEDULE. End of Section 320 1 Section 400 CLEARING RIGHTS OF WAY, CUTTING AND REPAIRING FENCES 1. GENERAL The City of Fayetteville has acquired both permanent and temporary construction easements for the water and sewer line construction. Insofar as possible and unless subsequent permission is obtained from the Owner, ' the Contractor shall confine his activities to the rights of way obtained by the City of Fayetteville. The necessary rights -of -way and easements for the project and to carry out the work along the project will be provided by the City of Fayetteville except for restrictions as noted below. The contractor shall confine his construction operations to the immediate vicinity of the locations shown on the plans and shall use due care in placing construction tools, equipment, excavated materials, ' and pipeline materials and supplies, so as to cause the least possible damage to property and interference with traffic. The placing of such tools, equipment, and materials shall be subject to the approval of the Engineer. The City of Fayetteville will not be responsible for haul road to and from the right-of-way. The contractor shall not store any material, place any construction material or trench material, place any equipment or activities nor allow any workmen off of the defined construction area. ' The City of Fayetteville will not provide a materials storage area, a staging area or any other area for use by the contractor except for the actual water line and appurtenance construction. The contractor shall not store any materials upon the streets or within the street right-of-ways or on the utility or water line easements which will not be installed within the same day. The contractor shall not store any materials in any private yard without first furnishing to the Engineer a copy of written ' permission from the property owner. The Contractor shall be responsible to obtain any storage or yard areas the contractor requires. A m1n4,,nm of one lane of traffic shall be safely maintained at all times. ' The Contractor shall be responsible for all damage to all property outside of the rights -of -way and easements, and shall make satisfactory settlement for the damage directly with the property owner and tenant involved, as their interests ' may require. All work performed, and all operations of the Contractor, his employees, or his subcontractors, within the limits of railroad and highway rights -of -way shall be ' in conformity with the requirements, and be under the control (with the City of Fayetteville), of the railroad or highway authority owning or having jurisdiction over and control of, the right-of-way in each case. ' All existing fences which interfere with the construction operations shall be maintained by the Contractor until the completion of the work affected thereby, unless written permission is obtained from the City of Fayetteville thereof, to leave an interfering fence dismantled for an agreed period of time. Where fences must be maintained across the right-of-way, adequate gates shall be installed therein. Gates shall be kept closed and locked at all times when not in use, with duplicate keys furnished to the Engineer. ' Upon completion of the work across any tract of land, the Contractor shall restore all fences to their original or to a better condition and quality, purchasing new material and replace all materials lost, damaged, or destroyed. ' Temporary gates installed by the Contractor in any fence line may be left in place with the permission of the property owner and tenant of the property. All materials used in fence repairs or replacements shall be approved by the Engineer. 1 The Contractor shall protect, shore, brace, support, and maintain all underground ' constructions uncovered or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, and other surface structures affected by construction operations in connection with the performance of the Contract, together with all ' sod and shrubs in yards and parking removed or otherwise damaged, shall be restored to their original condition as determined and approved by the Engineer. All replacements shall be made with new materials. The Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, ' embankments, culverts, bridges, or other public or private property or facility, regardless of location of character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to or from the work or any part or site thereof, whether by him or his subcontractors. The Contractor shall ' make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. ' All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. The Contractor shall be responsible for all damage to all property outside of the rights -of -way and easements, and shall make satisfactory settlement for the damage directly with the property owner and tenant involved, as their interests may require. No trees or cultured plants shall be cut, trimmed or removed unless clearly shown on the plans or marked by the Engineer. All trees and other vegetation which is so marked and must be removed to perform the work, shall be removed and disposed of, or removed an saved, (as shown on the plans or in the contract documents) by the Contractor. No on -site burning shall be permitted. All protection of trees, trimming and repair of trees and plants shall be performed by qualified nurserymen or horticulturists in accordance with the City of Fayetteville's Ordinance Chapter 162 "TREE PROTECTION AND PRESERVATION". 2. CLEARING RIGHTS OF WAY Parts of construction are indicated on the Plans as being through lawns, planters, sidewalks, streets, parking lots, brush and undeveloped fields. There is not an extra pay item for the clearing of rights of way or for the disposing of brush, timber or other debris resulting from the clearing operation for the water lines installed along Fifth Street. There is a separate pay item for the clearing, grubbing and disposal of the utility and utility/access easement north of Fifth Street on the lots being developed by Habitat for Humanity. Refer to the bid proposal and specification 110 MEASUREMENT and PAYMENT for additional information. (A) Brush, Timbered Areas, Fields. Where construction is indicated on the Plans as being through brush, timbered areas, and fields of tall grass, the Engineer shall stake the centerline of the proposed pipe line. The Contractor shall clear the rights of way of brush and other debris and do ' such right of way construction as is necessary to provide an adequate working area. In clearing right of way, the Contractor SHALL NOT REMOVE ANY TREES UNLESS CLEARLY MAEIDMD TO BE REMOVED BY THE ENGINE. Where water lines are to be constructed in close proximity to shade trees, ornamental trees or any other trees on this project, the Contractor will be expected to work near the trees without removing or damaging them. The Contractor shall construct a free-standing protective wooden pen, 8 feet tall, around all the in close proximity to work which are not to be removed. Protective pens shall be maintained around trees until final cleanup and seeding or sodding have been completed. 1 2 1 • • All brush, timber and other debris required to be removed from the ' construction of the work shall be hauled from the site and disposed of at the option of the Contractor. Burning of brush will not be permitted on this project. (B) Lawns, Gardens, and Other Well -Kept Areas. Where construction is shown on the Plans as being through lawns, gardens, or other well -kept areas, the Contractor shall stake the general location of the rights of way, and ' shall provide line stakes. The Contractor shall then clear any debris from the rights of way. All shrubbery, garden areas, planters, flower kaAn e.we11 ♦,.aae ('See ♦kaa A 4,..kae 4a Al nwalarl a..A .a -I,- 4 .ae.n ai ' Contractor's expense. Unless specifically noted otherwise in a special condition, the Contractor shall be responsible to fully restore the area to its original condition. No tress shall be shall be cut or removed unless clearly marked to be removed by the Engineer. All limbs and other debris requiring removal shall be hauled from the site ' and disposed of at the option of the Contractor. (C) Power Lines. Where the Plans show a portion of the line to be laid adjacent to or under power lines, it shall be the responsibility of the Contractor to make any arrangements with the power company for 'tying off' poles. It shall also be the responsibility of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and ' equipment when working in the vicinity of these power lines. The Contractor is advised of the extreme hazard to personnel from equipment contact or near contact with conductors of the transmission t line. It is strongly recommended that low profile construction equipment be used and that a minimum 15 feet vertical clearance be maintained between any equipment and transmission conductors. ' Unless the water line is specifically set out to cross within the limits of the power line right of way, the Contractor shall not alter or work within the limits of the existing power line right of way. ' (D) Miscellaneous. Several signs, mailboxes, posts, fences, and other obstructions are to be removed and replaced along the right of way. These shall be removed and protected. After pipe construction is complete, they shall be replaced in their original conditions. ICE) Fences - Cutting and Repairing. The Plans show fences to be crossed during the course of construction. Prior to the cutting of fences the Contractor shall install a brace post assembly in the existing fence on each side of the water line. The exact location for the brace post 1 assembly shall be field determined. The tension of the existing fence shall not be reduced. The Contractor shall then construct temporary fencing so as to maintain livestock in the original pasture during the ' construction period. There is no separate pay item for temporary fencing. After the pipeline has been installed, backfill placed and compacted, and excess material removed, the Contractor shall rebuild the fences across the right of way. Fencing shall be replaced according to the type of ' fence to be crossed during construction using new materials which are equal to or better than the original fencing materials. Where removal, replacement or repair of chain link, ornamental iron, wood, ' rock or masonry fence is required, the Contractor shall retain a qualified specialty contractor to perform the work. I 1 (F) Restoration of Property Markers. Where property markers or public right of way markers have been disturbed or will be removed in the course of construction, the Contractor shall retain an Arkansas Registered Land Surveyor to witness the position of the marker prior to disturbance or removal. After the completion of construction, an Arkansas R.L.S. shall ' be retained to restore all disturbed or removed markers to their original position. ' The Contractor shall be responsible for all safety requirements and for taking all steps necessary to assure the safety of the public and any livestock in the vicinity of the construction area. Ii END OF SECTION 400 I I I I I L I 1 4 II 1 ' Section 401 SURFACE REMOVAL Ii. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, and incidentals necessary ' for removing surfaces within the limits of lawns, gardens, mowed, cultivated, or other well -kept areas or within the limits of any paved or unpaved driving surface. ' This specification does not apply to state or interstate highways, or driving surfaces within railroad rights of way unless otherwise directed by the Engineer. 2. ALLOWABLE REMOVAL In all areas where water lines, air release valve manholes, and other appurtenances are to be constructed, the surface shall be removed prior to excavating the trench. There is no pay item for surface removal and surface removal shall be considered part of trench excavation. The allowable limits of removal are dependent upon the type of area in or through which construction occurs and are set out below. No Davment for surface repair will be made outside I Lne wlutn or allowable removal. (A) Lawns, Gardens, Mowed or Cultivated Areas, and Other Well -Kept Areas. In these areas, the Contractor shall excavate the top 6 inches of topsoil ' from the ditch line and store such along one side of the ditch line so that it does not become mixed with the remaining excavation which shall be stored on the other side of the ditch line. Any such topsoil which is allowed to become mixed with other trench excavations shall be replaced ' with topsoil approved by the Engineer at the Contractor's expense. The width of allowable surface removal shall be the standard trench width as shown on the detail sheet of the Plans, or the depth of the trench to the existing water flow line at its deepest point, whichever is greater. The length of ground cover removed for the installation of pipe, fittings, manholes, or other appurtenances shall be the linear dimension of such ' structure plus 12 inches. (B) Wooded and Rocky Areas. In wooded or rocky areas the ground cover shall be removed as set out in paragraph 8.1 above except that the Contractor is not required to separate and store the top 6 inches of topsoil along the ditch line. (C) Driving Surfaces. Excavation within the limits of any driving surface, including paved and gravel streets or roads, driveways or parking areas ' shall be in accordance with the following specifications. The Contractor shall remove pavement and road surface as a part of the trench excavation, and the amount removed shall depend upon the width of trench specified for the installation of pipe, and the width and length of pavement area required to be removed for the installation of pipe, fittings, manholes, and other appurtenances. The Contractor shall use such methods, either drilling, chipping or sawing as will assure the breaking of the pavement along straight lines. The face of the remaining pavement shall be approximately vertical. Driving surface pavement and road surfaces shall be removed to the dimensions set out below depending upon the type of driving surface to be removed. 1 1 I I I I 1 I I I I I I I 1 H Asphaltic Pavement Removal. Asphaltic pavements shall be removed in accordance with the dimensions set out below. a) Removal of Pavement for Pipe Construction. The width of asphaltic pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be as shown on the detail sheet of the Plans. The length of the asphaltic pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 12 inches. b) Removal of Pavement around existing Valve Boxes and other appurtenances. A square cut shall be made in the pavement area extending 18 inches each side of the valve box or other appurtenance. The pavement and underlying base and/or subgrade material shall then be removed to the depth necessary to expose the existing object. This material shall be hauled from the site and disposed of by the contractor. 2. Concrete Pavement Removal. Concrete pavements shall be removed in accordance with the dimensions set out below. a) Removal of Pavement for Pipe Construction. The width of concrete pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be as shown on the detail sheet of the Plans. The length of the concrete pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 12 inches. b) Removal of Pavement around existing Valve Boxes and other appurtenances. A square cut shall be made in the concrete pavement within an area extending 12 inches each side of the valve box or other appurtenances. The pavement and underlying base and/or subgrade material shall then be removed to the depth necessary to expose the existing object. This material shall be hauled from the site and disposed of by the contractor. 3. Unpaved Driving Surfaces. Gravel, dirt, or other unpaved driving surfaces shall be removed as follows. a) Removal of Surface for Pipe Construction. The width of unpaved surface removed along the normal trench line for the installation of pipe shall be the standard trench width as defined on the detail sheet of the Plans plus 24 inches on each side of the trench. The length of unpaved surface removed along the normal trench line for the installation of fittings or other appurtenances shall be the dimension of such structure plus 12 inches. (D) Sidewalk and Curb and Gutter Removal. Sidewalk and curb and gutter shall only be removed as shown on the plans or at the direction of the Engineer. The width of concrete removed when so directed shall be the standard trench width as shown on the plans plus a minimum of 18 inches on each side of the trench to the next existing joint. I i • • (E) Additional Surface Removal. Wherever, in the opinion of the Engineer, ' existing conditions make it necessary or advisable to remove additional surfaces, the Contractor shall remove it as directed by the Engineer. No extra compensation will be allowed for the extra surface removal. However, additional payment will be made at the unit price bid for the ' appropriate surface repair/replacement item as set out under the Methods of Measurement and Payment Section of these Specifications. However, if the Contractor removes or damages pavements beyond the limits ' specified above without approval of the Engineer, such surfaces shall be replaced or repaired at the expense of the Contractor. C I I I n U I I I I I Li END OF SECTION 401 I I Section 414 PIPE DETECTION TAPS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for pipe detection tape as shown on the Plans or Specifications and hereinafter specified. B. MATERIALS The detectable tape shall be •detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 ails solid aluminum foil encased in a protective inert jacket that is impervious to all known alkais, acids, chemical reagents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mile and the width shall not 1 be less than 2 inches with a medium unit weight of 2 1/2 pounds/l inch x 1000 feet. The tape shall be color coded and imprinted with the message as follows: Type of Color Utility Code Legends Water Safety precaution Caution Buried ' blue Water line Below Sewer Safety green Caution Buried Sewer line Below C. LOCATION AND CONSTRUCTION. Pipe detection tape shall be provided in all trenches for water line and sewer line construction. Installation shall be per manufacturer's recommendations and shall be as close as practical to finished grade while maintaining a required minimum of 18 inches between the detection tape and the top of any pipe line. 1 I IEND OP SECTION 414 1 I I I ' Section 419 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR SEWER LINES IA. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals ' necessary for the construction of polyvinyl chloride (PVC) sanitary sewer lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Polyvinyl Chloride (PVC) Sewer Pipe. All pipe shall be suitable for gravity sewers. All plastic pipe and materials shall meet the requirements of either AWWA C905 with a Dimension Ratio (DR) not to exceed 21, or ASTM 3034 with Standard Dimension Ratio (SDR) not to exceed 26, as indicated on the plans, and have a minimum pipe stiffness of 115 psi at five percent A Y. Pipe stiffness testing shall be conducted in accordance with procedures defined in ASTM D2412. The pipe shall be manufactured by a member of the Uni-Bell Plastic Pipe Association. ' 2. Joints. All joints shall be of the bell and spigot type and conform to ASTM D3212 and/or Uni-Bell UNI-B-i. Gaskets shall be in accordance with ASTM F477. All belle shall be formed integrally with the pipe and shall ' contain a factory installed elastomeric gasket which is positively retained. Wall thickness of this bell at any point shall not be less than the required minimum for the pipe barrel. No solvent cement joints will be permitted in field construction except as specifically authorized by the Engineer. 3. Joint Lubricant. Joint lubricants shall be only that lubricant provided by the pipe manufacturer. 4. Polyvinyl Chloride Pipe Bedding Material. Bedding material for polyvinyl chloride sewer pipe shall be crushed limestone grit or sand as defined in section 310 of these specifications. This item shall be considered subsidiary to polyvinyl chloride pipe. No separate pay will be made for bedding material. 5. Crushed Stone Base Trench Backfill. Crushed stone base trench backfill (where required) shall be as aggregate base course, Class 7, as e specified in Section 303 of the Arkansas State Highway Department Standard Specifications, latest edition. Note: This item shall be paid for at the unit price bid and as set out in the Methods of Measurement ' and Payment. 6. Independent Laboratory Inspection. All PVC sewer pipe and PVC pipe fittings furnished and installed on this project shall be inspected and ' tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates stating that all pipe will be I fl C] [1 I I I I I I I I I I [1 I I manufactured in compliance with these Specifications. The certificate shall also fully describe the pipe proposed to be furnished. If evidence appears that all provisions of the applicable ASTM Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. 7. Concrete. Concrete for reaction backing, pipe cover, or pipe encasement as shown on the Plans or as directed by the Engineer shall be as specified elsewhere in these Specifications. This item shall be paid for at the unit price bid and as set out in the Methods of Measurement and Payment. 8. Transition Couplings. Transition couplings from polyvinyl chloride to clay or ductile iron sewer pipe shall be made of elastomeric plastic material and shall be manufactured by Fernco, Inc., or equal. 9. Waterston Gasket. All pipe penetrations into cast -in -place manholes or connections to existing manholes shall have a waterstop made of elastomeric PVC as manufactured by Fernco, or equal. C. EXECUTION 1. General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or groundwater; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. 2. Handling and Storage. Pipe and fittings shall be inspected upon arrival at the job site and handled in such a manner so as to protect them from damage due to impact, shock and free fall. Pipe and fittings shall not be dragged along the ground and shall be stored so as to protect the joints and pipe from damage. Should the pipe and/or fittings necessitate handling by a mechanical means, a clamp, rope or sling may be used around the outside barrel of the pipe and/or fittings. 3. Installing Polyvinyl Chloride Pipe and Fittings. Polyvinyl chloride 2 I d I I I I I I I I I I I I I 1] Li pipe and fittings shall be installed in conformance to the latest revision of ASTM D-2321 standard practice for installing flexible thermoplastic sewer pipe lines. Polyvinyl chloride pipe shall be installed with bedding material as specified elsewhere in these Specifications from 4 inches below the bottom of the outside of the barrel. Note: There is Do separate pay item for pipe bedding material. This item shall be considered subsidiary to the polyvinyl chloride sewer pipe. 4. Construction Sequence. Construction of sewers shall begin at the low point of the line and continue in orderly succession throughout the project. Any deviation from this procedure shall be made only with the specific approval of the Engineer. Appurtenances such as fittings, service reconnections, manholes, etc. shall be constructed as the work progresses. 5. Requirements Preparatory to Trench Excavation. In all areas where sewer lines and appurtenances are to be constructed and/or repaired, the right of way shall be cleared and the existing surface shall be removed prior to excavation of the trench. Note: There is no separate pay item for clearing or surface removal. These items of work shall be subsidiary to the polyvinyl chloride sewer pipe. These requirements are dependent upon the type of area in which sewer line construction occurs and are specified elsewhere in these Specifications. 6. Trench Excavation. The construction of this project is through an area underlain with various types of soil. All excavation of any nature shall be unclassified and payment for same shall be included in the unit price bid for furnishing and laying of the various sizes of pipe in place. The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as set out elsewhere in these Specifications. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or otherwise damaged during construction. a. Trench Depth and Pipe Bedding. The trench shall be excavated to a minimum of 6 inches below the bottom of the pipe when laid at the required grade. Bell holes shall be excavated in accord with ASTN D-2321. Polyvinyl chloride pipe shall be bedded in pipe bedding material, as specified elsewhere in these Specifications, for the 3 LI full width of the excavated trench from a point 4 inches below the bottom of the pipe barrel up to the pipe barrel centerline. The ' bedding material shall extend the full width of the excavated trench. (See detail on Plans.) All overexcavation shall be backfilled with bedding material at the Contractor's expense. Material required to backfill overexcavation shall be placed in 8 ' inch lifts and thoroughly tamped with mechanical compaction equipment to reach the required established grade. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. b. Width of Trench. Should the excavated polyvinyl chloride sewer line trench width exceed the width as detailed on the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel, the Contractor shall at his expense provide additional pipe bedding material or concrete as necessary to ' prevent crushing of the sewer pipe due to excessive earth loads. All additional bedding material or concrete required shall be furnished at the Contractor's expense. C. Length. The Engineer will limit the trench excavated in advance of installation of sewer pipe to the lesser of 150 feet or that length in which installation may reasonably be completed during the workday. Every trench in rock shall be fully opened at least 50 feet in advance of the place where pipe is being laid or from where cast - in -place concrete operations are in progress. ' 7. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with crushed stone trench backfill as specified elsewhere in these Specifications, in 8 inch uncompacted layers. The layers shall be hand or machine tamped as directed by the Engineer so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Extra payment will be made for the additional trench backfill required as crushed stone base in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the Contractor for additional excavation. 8. Bracing and Shoring. The sides of any excavation, when deemed necessary, shall be properly supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left in place, and the I n I sewer trench backfilled and thoroughly tamped with the bracing in place. Note: The Contractor will not be paid for such bracing, sheeting or shoring whether it is withdrawn or left in the trench. 9. Removal of Water and Muck. The Contractor shall provide sufficient ' pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with crushed stone base trench backfill at his own expense. Under no ' conditions will polyvinyl chloride sewer pipe be laid in a trench that has not been properly dewatered. No additional compensation will be made to the Contractor for dewatering or removal of muck. 10. Laying Polyvinyl Chloride Pipe Sewers - Factory Jointed Pipe. Polyvinyl chloride sewer pipe shall be laid on a firm bed, as previously specified, in perfect conformity with lines and levels given. The pipe ' shall be laid with even bearing on the bottom of the trench, which shall be shaped and prepared to conform to the form of pipe. Bedding material shall be removed from the bottom of the trench to give proper clearance to the sleeve or bell end of the pipe, but no larger than is necessary to make a proper joint. The intent is that no load shall rest on the pipe bell. LThe pipe assembly shall be performed in accordance with the manufacturer's instructions. In jointing PVC pipe, the mating surfaces shall be wiped free of dust, dirt, gravel, or other foreign materials 1 prior to the application of the lubricant. The PVC pipe shall be connected by first brushing upon the mating surfaces the proper lubricant as recommended by the pipe manufacturer. The spigot end shall then be centered on grade into the bell end of the last downstream PVC pipe length and shoved 'home" and properly seated with the application of a moderate force by a pry or level device. To protect the pipe and coupling when using a pry bar, a timber fulcrum shall be inserted into the coupling end of the pipe. The timber fulcrum shall extend a minimum of 1/2 inch past the end of the pipe. The coupling end of the pipe in all cases shall be laid toward the high end of the sewer. ' 11 I I r1 I Connections to Manholes a. New Cast -in -Place Manholes. Excavation for cast -in -place manhole footings shall be limited to the area to be filled with concrete. The Contractor shall support pipe entering the manhole ALL OF THE WAY to solid bedding by backfilling under the pipe and up to the springline, one-half outside diameter, with concrete. Note: No additional payment will be made for concrete bedding at manhole connections. The concrete bedding shall be subsidiary to the sewer pipe. Waterstop gasket shall be placed on the pipe prior to making manhole connection. 5 II I 1 1 i 12 ' 13 14 15 I I. 1 1 1 i 1 1 i 1 1 1 C E b. Existing Manholes. Connections to existing manholes or inlets, where no plugged stubs exist, shall be made by coring a hole in the wall of the existing structure, inserting PVC pipe into the hole complete with a flexible waterstop, filling around the pipe with non -shrink grout, and troweling the inside and outside surface of the joint to a neat finish. The bottom of the manhole shall be shaped to fit the invert of the sewer pipe. The connection will be tested with dye and water. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed as specified elsewhere in these Specifications. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. Mandrel Testing. Polyvinyl chloride pipe sewer lines shall be Mandrel tested as specified elsewhere in these Specifications. Pressure Testing. Polyvinyl chloride pipe sewer lines shall be pressure tested as specified elsewhere in these Specifications. END OF SECTION 419 1 • • r.•. • •7 IJAg3 1W X ' A. GENERAL The work to be included under this section of the Specifications shall consists of providing all labor, equipment, tools, supplies, and incidentals for low pressure air testing and mandrel testing of all sewer lines, and vacuum testing of all sewer manholes. r ' All gravity sanitary sewer shall be tested for infiltration by means of a low pressure air test as generally described herein. Any other infiltration test procedure will only be allowed following the submittal of the procedure to the City for review and upon written approval by the City. I. Equipment The Contractor shall be responsible for providing all equipment and supplies necessary for the performance of a Low Pressure Air Test including but not limited to the following: a. Mechanical or pneumatic plugs; b. Air control panel; c. Shut-off valve, pressure regulative valve, pressure relief valve and input pressure gauge. The pressure regulator or relief valve set shall be set no higher than 10 psig to avoid over ' pressurization; and d. Continuous monitoring pressure gauge having a range of 0 to at least 10 psi. The gauge shall be no less than four (4) inches in diameter with minimum divisions of 0.10 psi and an accuracy oft 0.04 psi. ' To reduce the potential for sewer line over -pressurization, two (2) separate hoses shall be used to: (1) connect the control panel to the sealed line for introducing low pressure air, and (2) a separate hose connection for constant monitoring of air pressure buildup in the line. 1 If pneumatic plugs are utilized, a separate hose shall be required to inflate the pneumatic plugs. 2. Ground Water Elevation and Air Pressure Adjustment a. General I L1 I Per Section 5.04; a few key manholes shall have a one-half (1/2) inch diameter threaded pipe nipple installed through the manhole wall directly on top of one of the sanitary sewers entering the manhole as shown in Figure 9-1. Every manhole need not have a pipe nipple installed. The design Engineer shall designate the manholes to be used for I • • gauging the ground water level. The pipe nipples shall be sealed with a threaded one-half (1/2) inch cap. Immediately before air testing, the ground water level shall be determined by removing the threaded cap(s) from the nipple(s) nearest the section to be tested, blowing air through the pipe nipple(s) to remove any obstructions, and then connecting clear plastic tube(s) to the pipe nipple(s). Each plastic tube shall be held vertically to allow groundwater to rise in it. After the water level in the tube has stopped rising, a measurement of the height in feet of water over the invert of sewer pipe shall be taken per Figure 9-1. If the section to be tested is not immediately adjacent to an installed pipe nipple, the groundwater height shall be estimated based upon nearby height readings and the pipe's invert elevation. Alternate groundwater monitoring methods shall require the prior written approval of the I. City. b. Air Pressure Adjustment The air pressure correction, which must be added to the 3.5 psig normal test starting pressure, shall be calculated by dividing the average vertical height, in feet of ' groundwater above the invert of the sewer pipe to be tested, by 2.31. The result gives the air pressure correction in pounds per square inch to be added. (For example, if the average vertical height of groundwater above the pipe invert is 2.8 feet, the additional air pressure required would equal 2.8 divided by 2.31 or 1.2 psig. This would require a minimum starting pressure of 3.5 plus 1.2 or 4.7 psig.) The allowable pressure drop of 1.0 psig (or 0.5 psig) and the timing in Table 9.1 A (or Table 9.113) are not affected and ' shall remain the same. c. Maximum Test Pressure in no case should the starting test pressure exceed 9.0 psig. If the average vertical height of groundwater above the pipe invert is more than 12.7 feet, the section so submerged may be tested using 9.0 psig as the starting test pressure. The 9 psig limit is intended to further ensure workman safety and falls within the range of the pressure monitoring gauges normally used. ' 3. Test Procedure ' Following are general procedures to be employed in the performance of the test. Figure 9.2 is a recommended Air Test Data Sheet for use in recording the test. Other test date sheets may be allowed based upon approval by the City. These test data sheets shall be submitted to the City. a. Plug Installation and Testing ' After a segment of pipe has been backfilled to final grade, prepared for testing, and the specified waiting period has elapsed, the plugs shall be securely placed in the line at the [1 I ends of each segment to be tested. ' It is advisable to seal test all plugs before use. Seal testing may be accomplished by laying one length of pipe on the ground and sealing it at both ends with the plugs to be checked. The sealed pipe should be pressurized to 9 psig. The plugs shall hold against this pressure without bracing and without any movement of the plugs out of the pipe. No persons shall be allowed in the alignment of the pipe during plug testing. It is advisable to plug the upstream end of the line first to prevent any upstream water from collecting in the test line. This is particularly important in high groundwater situations. When plugs are being placed, the pipe adjacent to the manhole shall be visually inspected to detect any evidence of shear in the pipe due to differential settlement between the pipe ' and the manhole. A probable point of leakage is at the junction of the manhole and the pipe. This fault may be covered by the pipe plug, and thus not revealed by the air test. b. Line Pressurization Low pressure air shall be slowly introduced into the sealed line until the internal air ' pressure reaches 4.0 psig greater than the average back pressure of any groundwater above the pipe, but not greater than 9.0 psig. If groundwater is present, refer to Section 9.03 A.2. Groundwater Elevation and Air Pressure Adjustment to determine the internal ' pressure to be applied. c. Pressure Stabilization ' After a constant pressure of 4.0 psig (greater than the average groundwater back pressure) is reached, the air supply shall be throttled to maintain that internal pressure for ' at least two (2) minutes. This time permits the temperature of the entering air to equalize with the temperature of the pipe wall. d. Timing Pressure Loss When temperatures have been equalized and the pressure stabilized at 4.0 psig (greater than the average groundwater back pressure), the air hose from the control panel to the air supply shall be shut off or disconnected. The continuous monitoring pressure gauge shall then be observed while the pressure is decreased to no less than 3.5 psig (greater than the average back pressure of any groundwater over the pipe). At a reading of 3.5 psig, or any convenient observed pressure reading between 3.5 psig and 4.0 psig (greater than the average groundwater back pressure), timing shall commence with a stop watch or other timing device that is at least 99.8 percent accurate. A predetermined required time for a specified pressure drop shall be used to determine ' the lines acceptability. Traditionally, a pressure drop of 1.0 psig has been specified. However, other pressure drop values may be specified, provided that the required holding I times are adjusted accordingly. If the specified pressure drop is 0.5 psig rather than the more traditional 1.0 psig, then the required test times for a 1.0 psig pressure drop must be ' halved. Specifying a 0.5 psig pressure drop is desirable in that it can reduce the time needed to accomplish the air test without sacrificing test integrity. Therefore, the following subsections contain provisions for both the traditional 1.0 psig pressure drop and ' the more efficient 0.5 psig pressure drop. All requirements for a specified 0.5 psig drop are given in parentheses. Test time criteria is presented later in subsection 9.03 A.4. e. Determination of Line Acceptance ' If the time shown in Table 9.1A (or Table 9.1B), for the designated pipe size and length elapses before the air pressure drops 1.0 psig (or 0.5 psig), the section undergoing test ' shall have passed and shall be presumed to be free of defects. The test may be discontinued once the prescribed time has elapsed even though the 1.0 psig (or 0.5 psig) drop has not occurred. f. Determination of Line Failure ' If the pressure drops 1.0 psig (or 0.5 psig) before the appropriate time shown in Table 9.1 A (or Table 9.1 B) has elapsed, the air loss rate shall be considered excessive and the section of pipe shall be determined to have failed the test. ' 4. Test Times ' a. Test Time Criteria The Ramseier test time criteria requires that no test section shall be accepted if it loses more than "Q" cubic feet per minute per square foot of internal pipe surface area for any portion containing less than 625 square feet internal pipe surface area. The total leakage from any test section shall not exceed 625 "Q" cubic feet per minute. b. Allowable Air Loss Rate I A "Q" value of 0.0015 cubic feet per minute per square foot shall be utilized to assure the Owner of quality pipe materials, good workmanship, and tight joints. ' c. Test Time Calculation 1: I All test times shall be calculated using Ramseier's equation: T=(0.085) (D • K)/Q Where: T = Shortest time, in seconds, allowed for the air pressure to drop 1.0 psig, El K = 0.000419 DL, but not less than 1.0, ' Q = 0.0015 cubic feet/minute/square feet of internal surface, D = Nominal pipe diameter in inches, and L = Length of pipe being tested in feet. For more efficient testing of long test sections and/or sections of larger diameter pipes, a timed pressure drop of 0.5 psig may be used in lieu of the 1.0 psig timed pressure drop. If a 0.5 psig pressure drop is used, the appropriate required test times shall be exactly half ' as long as those obtained using Ramseier's equation for "T" cited above. d. Testing Main Sewers with Building Sewers 1 In general, the City will only approve the construction of the main line sewer and wye connections with the lateral stubbed -off to the property line. Building sewers will be allowed to be installed during the construction of the main line sewer only upon the written request to and written approval of the City. This shall be clearly delineated on the design plans and specifications submitted for approval by the City. If building sewers are approved for construction by the City as part of the mainline sewer they shall be included in the test and their lengths may generally be ignored for computing ' the required test times. This can be done because in practice, ignoring the branch, lateral, or house sewers will normally increase the severity of the air test whenever the tested surface area is less than 625 square feet so that the total rate of rejection may only be ' increased about two (2) percent. If the total tested surface area is greater than 625 square feet, ignoring the lateral sewers will only slightly decrease the severity of the test. ' e. Specified Time Tables To facilitate the proper use of this recommended practice for air testing, the following • tables are provided. Table 9.1 A contains the specified minimum times required for a 1.0 psig pressure drop from a starting pressure of at least 3.5 psig greater than the average back pressure of any groundwater above the pipe's invert. Table 9.1 B contains specified minimum times required for a 0.5 psig pressure drop from a starting pressure of at least 3.5 psig greater than the average back pressure of any groundwater above the pipe's invert. Both tables also include easy to use formulas for calculating required test times ' for various pipe sizes and odd lengths. A series of examples are provided at the end of this Section that demonstrate the proper use of the tables. IC. MANDREL TEST FOR SELECT PIPE A five (5) percent "GO -NO-GO" Mandrel Deflection Test shall be performed on all PVC, ' HDPE, and PVC Composite gravity sanitary sewer pipe. I These pipes shall be mandrelled with a rigid device sized to pass five (5) percent or less deflection (or deformation) of the base inside diameter of the pipe. The mandrel test shall be conducted no ' earlier than thirty (30) days after reaching final trench backfill grade, provided that in the opinion of the City sufficient water densification or rainfall has occurred to thoroughly settle the soil throughout the entire trench depth. If densification, in the opinion of the City, has not been ' achieved within the thirty (30) day time frame, the mandrel size shall be increased to measure a deflection limit of three (3) percent. ' The mandrel (GO -NO-GO) device shall be cylindrical in shape and constructed with nine (9) or ten (10) evenly spaced arms or prongs. Mandrels with less arms shall not be allowed due to being insufficiently accurate. The mandrel diameter dimension "D" shall be equal to the inside diameter of the sanitary sewer. Allowances for pipe wall thickness tolerances or ovality (from heat, shipping, poor production, etc.) shall not be deducted from the "D" dimension but shall be counted as part of the five (5) percent or lesser deflection allowance. As an example, the ' dimensions for the mandrel shown in Figure 9.3 for ASTM D-3034 PVC pipe shall be as listed in Table 9.2. Each pipe material/type required to be Mandrel tested shall be tested with a mandrel approved by the pipe manufacturer and meeting the requirements of this Section. The "D" mandrel dimension shall carry a tolerance off 0.01 inches. The mandrel shall be hand pulled through all sewer lines and any section of sewer not passing the mandrel shall be uncovered, replaced, or repaired to the Department's satisfaction and retested. The contact length (L) shall be measured between points of contact on the mandrel arm. The length shall not be less than as shown in Table 9.2. The Contractor shall provide proving rings to check the mandrel. Drawings of mandrels with complete dimensions shall be furnished by the Contractor to the Department upon request for each diameter and specification of pipe. ' D. MANHOLE VACUUM TESTING I 11 I I I I All rehabilitated manholes and new manholes shall be vacuum tested by the Contractor in the presence of the City's representative for sources of infiltration. (2) Manholes shall be tested after installation with all connections (existing and/or proposed) in place. Drop -connections and gas sealing connections shall be installed prior to testing. The lines entering the manhole shall be temporally plugged with the plugs braced to prevent them from being drawn into the manhole. The plugs shall be installed in the lines beyond the drop connections, gas sealing connections, etc. The test head shall be placed inside the frame at the top of the manhole and inflated in accordance with the manufacturer's recommendations. A vacuum of ten (10) inches of mercury shall be drawn, and the vacuum pump will be turned off. With the valve closed, the level of vacuum shall be read after the required test time. If the drop in the level is less than I - inch of mercury (final vacuum greater than nine (9) inches of mercury), the manhole will have passed the vacuum test. After a successful test, the temporary plugs will be removed. The required test time is determined from The following table. G1 I I I El I MINIMUM TIME REQUIRED FOR A VACUUM DROP OF 1" H (10"H2 - 9"H :SEC HEIGHT OF M.H. DEPTH IN FT.) 48" M.H. 60" M.H. 72" M.H. 0-20' :40 :50 1:00 22' :44 :55 1:06 24' :48 1:00 1:12 26' :52 1:05 1:18 (3) Manhole vacuum levels observed to drop greater than 1 -inch of mercury (Final vacuum less than nine (9) inches of mercury) will have failed the test and will require additional repairs and/or rehabilitation. The manhole shall then be retested as described above until a successful test is made. On new manholes, if a successful test is not made after additional repairs are made the second time, the Contractor shall be required to remove the manhole and install another manhole. This replacement manhole shall be required to be tested and to pass the test successfully. No additional compensation will be paid by the City for this extra work. ' End of Section 428 I I I I I I I I I I I I 1 I I I I I I I I V. • N y 1 n C v. 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GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for backfilling areas excavated during the construction of sewer lines, manholes, force mains, water lines, valves, fittings, fire hydrants, and other appurtenances. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. Areas of construction within creek or river crossings, county roads, or state highways shall be backfilled in accordance with other sections of these Specifications. B. MATERIALS Granular Base Backfill. Granular base backfill (where specified) shall be aggregate base course, Class 7, as defined in Section 303 of the 1993 Edition of the Arkansas State Highway Department Specifications. The Contractor shall submit suppliers' certificates stating that the material provided is in accordance with these Specifications. C. CONSTRUCTION Areas excavated for the construction of sewer lines, manholes, force mains, water lines, valves, fittings, and other appurtenances shall have pipe protection cover placed, and shall be backfilled in accordance with these Specifications. 1. Pipe Protection Cover. Pipe protection cover to a depth of 12 inches above the top of the bedding material, shall consist of select material free from rocks larger than 2 inches, and may require hand placement. However, should the material excavated from the trench be sufficiently free of rock larger than 2 inches, the trench may be machine backfilled. Should the excavated material not be suitable for machine backfill or hand placement, the Contractor may, at his option, use granular base to a depth of 12 inches above the top of the pipe. The trench may then be backfilled as outlined below. When pipe construction is within or crossing curb and gutter, parking lots, a street or other driving surface, the pipe protection cover shall consist of granular base trench backfill as defined above. The pipe protection cover shall be placed from the top of the bedding or embedment of the pipe to a point 12 inches above the top of the pipe by the trench width. 2. Pipe Detection Tape. Pipe detection tape shall be installed in accordance with Section 414, PIPE DETECTION TAPE. 3. Backfilling. After the pipe protection cover has been placed, the trench, excavated areas around manholes, valves, fittings, fire hydrants, and other appurtenances shall be backfilled with excavated material free from 1 1 I H l.� I Ii [1 11 I I I C I I I I I I rock larger than 12 inches and in accordance with the following Specifications, depending upon the type of area in which excavation occurs. Extra care shall be exercised around manholes to assure that the backfill material is placed evenly around the perimeter of the manhole. Manholes shall not be backfilled prior to 12 hours after the manhole forms have been removed. a. Compaction. All pipeline trench backfill shall be placed in layers of appropriate thickness and compacted using a mechanical, hydraulically -powered vibratory trench compactor or other equivalent equipment. Heavy compaction equipment shall not be used closer than 2 feet to the top of the pipe. Any backfill failing to meet the compaction requirements set out below shall be replaced and/or recompacted until the backfill materials meet the compaction specifications. Any costs associated with replacement, recompaction and testing shall be borne by the Contractor. All trench backfill (except under paved or driving surface areas as detailed below) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soil. In areas where the trench is parallel to or crosses any paved area or driving surface including streets, parking lots or driveways, the pipe protection cover and the backfill shall be crushed stone trench backfill as specified in Section 300 CRUSHED STONE BASE (AHTD Class 7). The Crushed stone trench backfill (aggregate base course, Class 7) shall be placed in 6 to 8 inch lifts and compacted to 95 percent modified Proctor density (ASTM D1557-78). One density test per crossing shall be required. Where the trench runs mostly parallel to the driving or paved surface one density test shall be required per 250 feet or portion thereof. An additional test will be made for each test failure at approximately 100 feet either side of failing test. The Engineer shall select the specific location for testing. Driving surface repairs shall be made in accordance with the Specifications governing the type of pavement repair to be made. In areas to be topsoiled, the density of the backfill material shall be tested at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil. The cost for performing all density tests shall be borne by the Contractor. The test shall be performed by a qualified soils laboratory acceptable to the Engineer. b. Lawns. Gardens and Other Well -Kept Areas. After the pipe protection cover has been placed, the trench shall then be backfilled and compacted with excavated material. Topsoil stored along the trench line shall then be replaced to a minimum depth of 6 inches over the trench and 3 inches over all damaged surfaces. In the event there is insufficient topsoil stored along the ditch line to accomplish the topsoiling requirement, the Contractor shall haul in additional 2 [1 topsoil to meet this requirement and shall do so without additional ' cost to the Owner. The topsoil over the trench shall be left slightly rounded in order to allow for some settlement. It is the intent of these Specifications to insure that no settlement of the ' trench occurs after seeding and mulching the areas. In the event such does occur, it will be the responsibility of the Contractor to repair the settled areas. ' c. Mowed or Cultivated Areas (Excluding Gardens). The requirements for backfilling in these areas is identical to that specified in paragraph 2.b above, except that it is the intent of the ' Specifications to replace the top 6 inches of the soil using the excavated topsoil, regardless of the quality of that material. Only when the Contractor allows the material excavated from the top of ' the trench to become mixed with the remaining excavation will he be required to haul in additional material to replace the top 6 inches. If the Contractor is required to haul in additional material, he t shall haul in topsoil free of roots, weeds, clay and rocks, and from a source approved by the Engineer, and shall do so without additional cost to the Owner. Id. Steep. wooded or Rocky Areas. After the pipe protection cover has been placed, the trench shall be backfilled with excavated material. The trench shall be compacted to insure that the backfill has been thoroughly consolidated. The trench backfill material shall be left slightly rounded to allow for additional settling. e. Sidewalks. Curb and Gutter Crossings. In all areas where excavation ' crosses or is parallel to and within the limits of a sidewalk or curb and gutter, the trench shall be backfilled with aggregate base course, Class 7, as specified in paragraph 2.a above, which shall be compacted in accordance with the requirements of 2.a above. 4. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. ' 5. Replacement and Repair of Driving Surfaces, Sidewalks, Curb and Gutter. Replacement and repair of driving surfaces, sidewalks, and curb and gutter shall be as specified elsewhere in these Specifications. END OF SECTION 461 I I I 3 Section 477 MAIN LINE ENCASEMENT A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of a bore and encasement for the main water or sewer lines as shown on the plans. The bore and encasement work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. ' B. MATERIALS 1. Steel casing pipe. For casing up to 24 inch in diameter provide smooth ' wall steel pipe with a minimum wall thickness of 1/4 inch in accordance with ASTM A 53. The pipe shall be continuously welded at joints for a rigid, watertight encasement. ' 2. Water or sewer mains. All water and/or sewer main lines shall be as specified elsewhere in these specifications. 3. Casing Spacers. Carrier pipe shall be centered within the casing by use of Smith -Blair model 833 casing spacers or approved equal. 4. Polyethylene encasement and Pipe Detection tape. Polyethylene encasement and pipe detection tape shall be provided as specified elsewhere in these specifications. C. CONSTRUCTION ' The encasement pipe shall be placed by either open cutting the trench or by jack or bore, at the lines and elevations as required on the plans. The carrier pipe shall be centered within the casing spacers. Three spacers shall ' be installed per joint such that the spacers are equally spaced along the length of the pipe. Encasement end seals are required for all encasements. End seals for water ' line encasements shall either be APS Model AC or J -Four pull -on seals or approved equal. End seals for sewer line encasements may either be pull -on or split case type seals except where required due to a crossing with a water line. In such cases the requirements shall be that of a water line ' encasement. Where encasements are installed by open cutting the trench, the casing pipe shall be itself encased in polyethylene per specification section 413. ' END OF SECTION 477 I n LJ HH 1 • Section 482 CAST -IN -PT MANHOLES • • IA. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of standard and drop cast -in -place manholes. The work shall include every item of construction necessary for a complete and acceptable installation of 6 foot and 4 foot diameter manholes as shown on the Plans and hereinafter specified. Precast, brick, masonry, or vitrified clay ' radial block manholes will not be accepted for use on this project. B. MATERIALS 1. Concrete. Concrete used in the construction of standard and drop cast -in - place manholes shall be as specified elsewhere in these Specifications. 2. Mortar and Grout. Mortar or grout used in the construction of manholes ' shall be mixed in the proportion of one part of Portland cement and two parts mortar sand as defined elsewhere in these Specifications. The mixture shall be dry -mixed until it has a uniform color, after which water shall be added and the mixing continued until the mortar has a consistency ' such that it can be easily handled and spread with a trowel. Mortar or grout that has not been used within 30 minutes after water has been added shall not be used. ' 3. Manhole Rings and Lids. All castings for manhole frames, covers and other purposes must be of tough gray iron, free from cracks, holes, swells and cold shuts, shall be of workmanlike finish, and shall conform to the Plans. All mating surfaces shall be machined fit. The quality shall be ' such that a blow from a hammer will produce an indentation on a rectangular edge of the casting without flaking the metal. Before leaving the foundry, all castings shall be thoroughly cleaned and subjected to a hammer inspection. ' Manhole rings and lids shall be in accordance with the dimensions shown on the Plans. 'Sanitary Sewer' shall be cast on lids. All manhole rings and lids, whether or not in street surfaces, shall be ' not less than 290 pounds combined weight, similar to Vulcan Foundry No. V- 1348-2, or 300 pound Neenah No. 1726 or approved equal. 'Watertight' manhole rings and lids, where called for on the Plans, shall 'be Vulcan No. VM-50 Special, or equal. Manhole lids shall be of solid construction without any openings of any ' type. Manhole lids shall have non -penetrating type pick slot. 4. Stubouts. Stubouts as required shall be the same sewer pipe material as the main sewer line. Stubouts shall be length as shown on the Plans and shall have a watertight plug placed in the end of the pipe. The ' watertight plug shall be blocked as required for the low pressure air testing of the stubout. 5. Waterston Casket. Waterstop gasket shall be as specified in the Pipe ' Section of these Specifications. C. EXECUTION ' 1. Excavation for Manholes. Excavation for manholes will be made of such dimension and depth as to allow the construction of the manhole as shown on the Plans. No extra payment shall be made for manhole excavation, and all surface removal shall be as specified elsewhere in these ' Specifications. 2. Base. The concrete base shall have a minimum thickness of 12 inches and shall be poured on undisturbed earth. The base shall be poured so that ' the top of the base outside the barrel is a minimum of one-half of the inside diameter above the invert of all pipes entering the manhole. The base shall have a minimum diameter of 2 feet 0 inches greater than the 1 I outside diameter the finished manhole barrel.�ior to pouring the base, any water i e excavation shall be removed, d the base poured in the dry. I I I I II H H I 1 I I 3. Connections to Manholes. Pipe connections to manholes are a constant source of potential trouble. In order to ensure that pipe will not break immediately adjacent to the manhole, care shall be taken that excavation for the manhole bottom is limited to the area to be filled with concrete. The Contractor shall support pipe entering the manhole ALL OP THE WAY to solid bedding by backfilling under the pipe and up to mid-springline with concrete. 4. Invert. The invert of the manhole shall be hand -placed and shaped using concrete as specified. The base and barrel of the manhole shall be cleaned thoroughly prior to placement of the invert. The invert shall be shaped and smoothed so that the manhole will be self-cleaning and free of areas where solids may be deposited as sewage flows through the manhole. The entire diameter of each pipe entering the manhole barrel shall be cut smooth with the inside edge of the manhole barrel and the invert shaped throughout from all inlet pipes to the outlet pipe. 5. Manhole Barrels. The minimum thickness of manhole barrels shall be B inches. The barrel may be poured monolithically with the base, or the barrel forms may be set as soon as the concrete base has cured enough to support the forma. Except where 6 foot diameter manholes are called for on the Plans or specified, all manholes shall be 4 feet in diameter as shown on the Plans details. Prior to setting the manhole forms in place, any water that may have accumulated in the excavated area shall be pumped out and the concrete base thoroughly cleaned. All concrete shall be poured in a dewatered excavation. Construction joints shall be provided with keyway as shown on the detail sheet of the Plans. 6. Manhole Steps. Manhole steps are not allowed. 7. Manhole Heights. Manholes are to be built to the existing ground surface unless otherwise noted on the Plans or directed by the Engineer. 8. Drop Manholes. Drop manholes, unless otherwise shown on the Plans, shall be constructed at all manholes where the difference in invert elevation between incoming and outgoing sewer is 2 feet or more. Drop manholes shall be constructed of the same material and dimensions as are standard manholes, the only difference being in the inlet arrangements as shown on the standard detail sheet. 9. Curing. Curing compounds or covers may be used at the option of the Contractor. However, it will be the responsibility of the Contractor to protect the concrete to prevent cracking during the curing process and to protect the manhole during freezing temperatures. The Engineer shall, at his discretion, prohibit pouring concrete during periods of extreme cold or inclement weather. 10. Backfilling. The manhole shall be backfilled evenly around its perimeter no less than 12 hours after the forms have been removed. Extra care shall be taken to compact all backfill to the top of the highest pipe entering the manhole. All backfilling shall be as specified elsewhere in these Specifications. 11. Watertightness. All manhole exterior walls shall be coated with two coats of asphalt emulsion. All manholes constructed shall be watertight and show no visible evidence of infiltration, and shall be tested in accordance with this Specification. The test shall be conducted by the Contractor in the presence of and in coordination with the Engineer. Manhole testing shall be as set out below: I 2 ' Vacuum Tea! All incoming and outgoing sew ines shall be plugged ant.. vacuum drawn on manhole. The tractor shall furnish suitable apparatus, such as manufactured by P. A. '• 'Glazier, Inc., or equal, made for such purpose. The test shall pass when the vacuum has been brought to 10 inches of mercury (Hg) and remains or drops to no more than 9 inches Hg in a time greater than one minute. ' All manholes which fail the test shall be repaired or a new manhole constructed at the expense of the Contractor. Manholes which fail the test shall be retested after remedial measures are completed. 12. Stubouta. Stubouts shall be constructed at the locations shown on the • Plans. The stubout shall be constructed in the direction and shall be the size as shown on the Plans. The stubout shall be bedded and backfilled as ' shown on the detail sheet of the Plans and as specified for the type of sewer pipe used. After the stubout installation is complete, all stubouts shall be tested as specified elsewhere in these Specifications for the type of pipe used. A 2 inch x 4 inch treated location stake shall be • installed at the end of the stubout to mark the location. J I I I I I I I I I I END OP SECTION 482 1 3 I H I I I J I I r] I J Section 487 PIPELINE CLEANUP AND SEEDING A. GENERAL Cleanup shall be considered an important part of this project, and adequate equipment and qualified personnel shall be applied to this phase of the work from the very beginning of the project. Seeding and placing of straw mulch shall not be done during the period of June 15 through September 15 without special permission from the Engineer. There is no separate pay item for cleanup, and this work shall be considered subsidiary to the unit price bid for pipe. There are generally four classifications of cleanup to be used on this project, as set out below. Class I Cleanup. Areas of construction within lawns, gardens, or other well -kept areas, including street rights of way that are kept as lawns by adjacent landowners. Class II Cleanup. Areas of construction within fields, meadows and street rights of way which are mowed or cultivated (gardens excepted). Class III Cleanup. Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it is not practical for the area to be cultivated. Special Cleanup. Unless otherwise noted under paragraph B.4 of this Specification, no special cleanup will be required. B. METHOD OF CLEANUP The method of cleanup for each of the classes defined above shall be as set out below. 1. Class I Cleanup - Lawns, Gardens, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the topsoil has been replaced to the same depth as adjacent undisturbed areas over the damaged areas, the Contractor shall proceed immediately to hand rake the entire construction area to remove all rock 1/4 inch or larger in diameter. Debris of every type shall be removed and all damaged tree limbs shall be pruned. After the area has been raked and accepted, it shall be seeded at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent expressed in terms of weight). Lawn Fescue 40% Blue Grass 30% Rye Grass (Annual) 30% During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. ' Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. I I Where the existing ground cover does not contain any of the grasses as set out in the seed mixture above (Bermuda grass, Zoysia, etc.), the Contractor shall be responsible for cutting, removing stockpiling and saving the existing sod on the job site. After constructing the water 1 H line and backfilling the trench, the sod shall be replaced to a condition •' equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and installing new solid sod of the existing type to complete the cleanup. 2. Class II Cleanup - Fields, Meadows. Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the backfill is completed and the surface over the trench left slightly rounded, the area shall be machine raked to remove all rock to a condition equal to the existing surface on the better side of the adjacent existing right of way. All excess excavated material shall be removed from the site, including excess material which has accumulated around fence posts, trees, ' mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual trench excavation. Seeding and fertilizing of these areas is required using the seed mixture and application rates ' set out below (percent expressed in terms of weight). Field Fescue 40% Rye Grass (Annual) 40% ' White Clover (Common) 20% After the area has been accepted, it shall be seeded at the rate of 0.15 pounds per 100 square feet. During or after seeding is complete, all • areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Where the existing field grass is Bermuda, or other type not specified above, the Contractor shall place such topsoil as required, and shall seed with the existing type grass so that an equivalent ground cover will be provided. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. 3. Class III Cleanup - Steep, Wooded or Rocky Areas. The trench shall be • backfilled in accordance with the Pipe Specifications. After the trench ' backfill is complete, all damaged brush of every type shall be cut just below ground surface and all damaged limbs shall be trimmed. All brush and debris shall be disposed of by the Contractor and the entire area ' shall be machine raked so that the area of construction is in a condition equal to the existing surface on the better side of the existing adjacent right of way. I The area of the trench line shall then be seeded and fertilized at the rate of 0.15 pounds per 100 square feet using the same seed mixture, fertilizer and application rates as set out under Class II cleanup, except that tall fescue (Kentucky 31) shall be used in place of field fescue. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. 4. Special Cleanup and Restoration Requirements. All work which is performed in the street as required and shown on the plans, shall be left in a clean and neat manner in accordance with the plan details. 5. All Areas. All work within the construction area shall be cleaned to the I I satisfaction of the Owner. in general, all rocks, trash or rubbish of any nature shall be removed from the site of the work. During construction, the Contractor shall at all times keep work areas in a clean, neat and workmanlike condition. Excess pipe, excavation, brush and materials of construction shall be removed and disposed of as the work progresses. In built-up areas, including lawns, the job site shall be cleaned up immediately behind construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. If the trench should settle while the Contractor is still on the job or within one year of the project completion date, the Contractor shall make the required repairs at no additional cost to the Owner in accordance with the continuing responsibility provisions of these Specifications. Failure of Contractor to make necessary repairs during the one year period will be cause for Owner to make or contract for such repairs and invoice ' the Contractor for all costs. 6. Restoration of Damaged Surfaces and Property. Where any pavement, trees, shrubbery, fences, poles or other property and surface structures have 1 been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the contract documents, state laws, municipal ordinances, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. 7. Access after Construction. Unless otherwise directed, all areas shall be graded after construction so as to be accessible by four wheel drive Ivehicle. I IEND OF SECTION 487 I I I I I .I I P1 Section 502 CONCRETE I I. II A. GENERAL This work consists of all concrete work, forms, reinforcing and related items necessary to complete all Concrete Paving, driving surface repairs, Street repairs, sidewalk, curbs and gutter, reaction backing and other concrete work as indicated on the drawings and described in the specifications. B. REFERENCED MATERIALS AND CONSTRUCTION. The following Specifications are hereby referenced and made a part of these Specifications. These Specifications are contained in the Standard Specifications for Highway Construction," Edition of 1993, published by the Arkansas State Highway Commission. The page numbers given below refer to pages in these Standard Specifications for Highway Construction." ' These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas, and are set out below. I DIVISION 500 RIGID PAVEMENT SECTION 501 through SECTION 512 . . . . . . . . . . . . . . . 271 - 324 DIVISION 600 INCIDENTAL CONSTRUCTION Pages SECTION 609 DROP INLETS AND JUNCTION BOXES . . . . . . . . . 368 - 371 SECTION 633 CONCRETE WALKS AND STEPS. . . . . 438 - 438 SECTION 634 CURBING 440 - 443 DIVISION 800 STRUCTURES Pages SECTION 802 CONCRETE FOR STRUCTURES . . . . . . . . . . . . . 561 - 614 SECTION 804 REINFORCING STEEL FOR STRUCTURES . . . . . . . . 616 - 623 All concrete for this project shall conform to the above referenced "Standard Specifications for Highway Construction," Edition of 1993, published by the Arkansas State Highway Commission with the following specific exceptions. 1. All concrete shall be ready -mix type concrete. The Contractor shall not batch or mix concrete. 2. Class "A" concrete is defined as a concrete with a minimum 28 day compressive ' strength of 3,500 psi. Class "A" concrete shall be used for constructing manholes and other structures, concrete driveway repair, sidewalk repair and curb and gutter repair, reaction backing, pipe encasement, and where otherwise directed by the Engineer. II I 11 3. All concrete shall have air entrainment added at the ready -mix plant by the concrete supplier. Concrete for paving shall have air entrainment of 6 % +/- 1 1/2 % (4.5 to 7.5 percent) . All other concrete shall have air entrainment of 3 to 6 percent. 4. No other admixtures, including calcium chorlide, shall be permitted. 5. TESTING The Contractor, under the Engineer's supervision, shall take samples and make tests as hereinafter listed for each 40 cubic yards of fresh concrete or fraction thereof placed on the project, but not less than one set for each day's concrete placement. It shall be the Contractor's responsibility to collect all samples, prepare casting specimens, protect, cure, transport, and pay for all costs associated with testing. The project inspector shall inspect the preparation of all specimens. 1 1 Slump Tests: Tests for slump shall be made at the place of deposit and in accordance with ASTM C-143. Tests shall be made periodically, when cylinders are made, and as often in the opinion of the Engineer when a change in consistency of the concrete mix is noted. The Contractor shall have a slump cone at the job site at all times when concreting operations are in progress. Unless otherwise noted or specified, the slump shall be within the limits of 1 to 4 inches. Compression and Strength Tests: Each test shall consist of four standard 6 inch by 12 inch cylinders; two cylinders to be tested at the age of seven days and two cylinders at the age of 28 days. Samples shall be taken, cured and tested in accordance with latest ASTM standards. When the ultimate compressive strength of any cylinder falls below the specified strength for the class of concrete specified, the design mix and water content shall be adjusted to produce the specified strength for concrete that is subsequently placed. In addition, the Engineer may order additional curing for that portion of the structure where the questionable concrete has been placed. 1 In the event that such additional curing does not give the strength required, as determined by load tests made in accordance with ACI 318, or cored cylinder tests, and if such tests indicate the necessity, the defective parts shall be removed and replaced, or shall be reinforced as directed by the Engineer, at the 1 Contractor's expense, including the expense of the tests. 7. Measurement and payment shall be as defined in the Bid Proposal and/or as specified elsewhere in these specifications. ' Unless specifically noted above, the referenced "Standard Specifications for Highway Construction," Edition of 1993, published by the Arkansas State Highway Commission will control. .1 ' End of Section 502 1 N 1 I [J I I [1 I Section 513 UTILITY MIX FOR ABANDONMENT OF SEVER LINES AND MANHOLES I I I1 I I I i I I I 1 LI I I IT II I A. GENERAL This section specifies the required composition of the Utility Mix necessary for abandonment of sewer lines and manholes as indicated on the drawings and described in the specifications. If the sewer line to be abandoned is in an encasement, both the encasement and carrier pipes shall be completely filled with utility mix. Where shown on the plans Utility Mix shall be a low strength concrete mixture that is readily digable with standard equipment. The mixture shall be in the ratio of 2500 lbs sand: 100 lbs cement: 200 lbs flyash. If the mixture is not adequately flowable, an appropriate amount of pumping aid, similar to DARAFILI.® as manufactured by Grace Construction Products, shall be added, according to the manufacturer's recommendations. [ -$iii 4�ilaiiL�:A:Vr \211f J3'ISrtA2Y� Measurement and payment shall be as defined in the Bid Proposal and/or as specified elsewhere in these specifications. End of Section 513 1 I I Section 514 ABANDO)*IENT OF SEWER LINES A. GENERAL This section specifies the requirements for proper abandonment of sewer lines as indicated on the drawings and described in the specifications. B. SEWER LINES OUTSIDE OF DRIVING SURFACES Sewer lines outside of driving surfaces shall be abandoned in place by cutting the line at the adjacent manholes. In cases where the manhole is to remain in service, the previous connection shall be plugged with a water tight plug. C. SEWER LINES UNDER DRIVING SURFACES Sewer lines outside of driving surfaces shall be abandoned in place by cutting the line at the adjacent manholes, and then shall be pumped completely full with utility mix as specified in Section 513 of these specifications. If the sewer line is in an encasement, both the carrier pipe and the encasement pipe shall be ' completely filled with utility mix. Observation pits shall be opened as required on the plans to verify complete filling of the carrier pipe and/or encasement pipe. D. MEASUREMENT AND PAYMENT Measurement and payment shall be as defined in the Bid Proposal and/or as specified elsewhere in these specifications. End of Section 514 I 1 n Li Ii I Iii Ii 1 11 I Section 515 ABANDONMENT OF SEWER MANHOLES A. GENERAL ' This section specifies the requirements for proper abandonment of sanitary sewer manholes as indicated on the drawings and described in the specifications. B. MATERIALS Manholes shall be abandoned by removal of the lid, ring, and top three feet of the manhole, and by filling the remainder of the manhole with either Hillside, AHTD Class 7 Base, or with Utility mix as specified on the plans up to the finished grade. C. MEASUREMENT AND PAYMENT Measurement and payment shall be as defined in the Bid Proposal and/or as specified elsewhere in these specifications. End of Section 515 I I I I I I I 1 I i I I ' Appendix A OSHA Safety Requirements for Excavation 1 I 1 I I I Ti L I PI El [1 1 §1926.606 � : 29 CFR ChVII (7-1-92 Edition) L Li I I 1J I Li I 1 I I C El I Li I (6) Obstructions shall not be laid on or across the gangway. (7) The means of access shall be ade- quately illuminated for Its full length. • (8) Unless the structure makes it im-• possible, the means of access shall be so located that the load will not pass over employees. (c) Working surfaces of barges. (1) Employees shall not be permitted to walk along the sides of covered light- ers or barges with coarnings more than 5 feet high, unless there is a 3 -foot clear walkway, or a grab rail, or a taut handline is provided. (2) Decks and other working sur- faces shall be maintained in a safe condition. (3) Employees shall not be permitted to pass fore and aft, over, or around deckloads, unless there is a safe pas- sage. (4) Employees shall not be permitted to walk over deckloads from rail to coaming unless there is a safe passage. If it is necessary to stand at the out- board or inboard edge of the deckload where less than 24 inches of bulwark, rail, coaming, or other protection exists, all employees shall be provided with a suitable means of protection against falling from the deckload. (d) First -aid and lifesaving equip- ment (1) Provisions for rendering first aid and medical assistance shall be in accordance with Subpart D of this part. (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. Ce) Commercial diving operations. Commercial diving operations shall be subject to subpart T of part 1910, § § 1910.401-1910.441, of this chapter. (39 FR 22801, June 24, 1974, as amended at 42 FR 37674, July 22, 1977) § 1926.606 Definltions applicable to this subpart (a) Apron —The area along the wa- terfront edge of the pier or wharf. (b) Bulwark —The side 'of a ship above the upper deck. (c) Coaming—The raised. frame, as around a hatchway in the deck, to keep out water. (d) Jacob's, ladder —A marine ladder of rope or chain with wooden or metal rungs. _ (e) Rail, for the purpose of § 1926.605, means a light structure serving as a guard at the outer edge of a ship's deck. _ Subpart P —Excavations Aurnoarrr. Sec. 107, Contract Worker Hours and Safety Standards Act (Construc- tion Safety Act) (40 U.S.C. 333); Secs. 4, 6, 8, Occupational Safety and Health Act of 1970 (29 U.S.C. 653, 655, 657); Secretary of Labor's Order No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), or 9-83 (48 FR 35736), as ap- plicable, and 29 CFR part 1911. SouRcs 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. 3 I Occupational Safety ansealth Admin., Labor • § 1926.650 I [TI I I Li I I El I I I I I I Benching (Benching system) means a method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near -vertical surfaces between levels. Cave-in means the separation of a mass of soil or rock material from the side of an excavation, or the loss of soil from under a trench shield or sup- port system, and its sudden movement • into the excavation, either by falling or sliding, in sufficient quantity so that it could entrap, bury, or other- wise injure and immobilize a person. Competent person means one who is capable of identifying existing and predictable hazards in the surround- ings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authoriza- tion to take prompt corrective meas- ures to eliminate them. Cross braces mean the horizontal members of a shoring system installed perpendicular to the sides of the exca- vation. the ends of which bear against either uprights or wales. Excavation means any man-made cut, cavity, trench, or depression in an earth surface, formed by earth remov- al. Faces or sides means the vertical or inclined earth surfaces formed as a result of excavation work. Failure means the breakage, dis- placement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. - Hazardous atmosphere means an at- mosphere which by reason of being ex- plosive, flammable, poisonous, corro- sive, oxidizing, irritating, oxygen defi- cient, toxic, or otherwise harmful, may cause death, illness, or injury. Kickout means the accidental re- lease or failure of a cross brace. Protective system means a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an ex- cavation, or from the collapse of adja- cent structures. Protective systems in- clude support : systems, sloping and benching systems, shield systems, and other systems that provide the neces- sary protection. Ramp means an inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or. wood. Registered Professional Engineer means a person who is registered as a professional engineer in the state where the work is to be performed. However, a professional engineer, reg- istered in any state is deemed to be a "registered professional engineer" within the meaning of this standard when approving designs for "manufac- tured protective systems" or "tabulat- ed data" to be used in interstate com- merce. Sheeting means the members of a shoring system that retain the earth in position and in turn 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 - I 219 § 1926.651 cavation is secured against caving -in o movement by rock bolts or by anothe protective system that has been de signed by a registered professional en gineer. Structural ramp means a ramp built of steel or wood, usually used for vehi- cle access. Ramps made of soil or rock are not considered structural ramps.. Support system means a structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure,. underground in- stallation, or the sides of an excava- tion. Tabulated data means tables and charts approved"by a registered profes- sional engineer and used to design and construct a protective system. Trench (Trench excavation) means a narrow excavation (in relation to its length) made below the surface of the ground. In general, the depth is great- er than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet (4.6 m). If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet (4.6 m) or less (measured at the bottom of the excavation), the excavation is also con- sidered to be a trench. Trench box. See "Shield." Trench shield. See "Shield." Uprights means the vertical mem- bers of a trench shoring system placed in contact with the earth and usually positioned so that individual members do not contact each other. Uprights placed so that individual members are closely spaced, in contact with or interconnected to each other, are often called "sheeting." Wales means horizontal members of a shoring system placed parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth. § 1926.651 General requirements. (a) Surface encumbrances. All sur- face encumbrances that are located so as to create a hazard to employees shall be removed or supported, as nec- essary, to safeguard employees. (b) Underground installations. (1) The estimated location of utility in- � • . 29 CF. XVII (7-1-92 Edition) r stallations, such as sewer, telephone, r fuel, electric, water lines, or any other • underground installations that reason- • ably may be expected to be encoun- tered during excavation work, shall be determined prior to opening an exca- vation. (2) Utility companies or owners shall be contacted within established or cus- tomary local response times, advised of the proposed work, and asked to es- tablish the location of the utility un- derground installations prior to the start of actual excavation. When utili- ty companies or owners cannot re- spond to a request to locate under- ground utility installations within 24 hours (unless a longer period is re- quired by state or local law), or cannot establish the exact location of these installations, the employer may pro- ceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility installations are used. (3) When excavation operations ap- proach the estimated location of un- derground installations, the exact lo- cation of the installations shall be de- termined by safe and acceptable means. (4) While the excavation is open, un- derground installations shall be pro- tected, supported or removed as neces- sary to safeguard employees. (c) Access and egress —(1) Structural ramps. (1) Structural ramps that are used solely by employees as a means of access or egress from excavations shall be designed by a competent person. Structural ramps used for access or egress of equipment shall be designed by a competent person qualified in structural design, and shall be con- structed in accordance with the design. (ii) Ramps and runways constructed of two or more structural members shall have the structural members connected together to prevent dis. placement. (ili)- 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 I if I I I I I I I C1 Li I iW11 Occupational Safety co Health Admin., Labor § 1926.651 I I [I 1l I L I 11 L I I L it I 1 I I torched in a manner to prevent trip- ping. (v) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments on the top surface to prevent slipping. (2) Means of egress from trench exca- vations. A stairway, ladder, ramp or other safe means of egress shall be lo- cated in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees. (d) Exposure to vehicular traffic. Employees exposed to public vehicular traffic shall be . provided with, and shall wear, warning vests or other suit- able garments marked with or made of reflectorized or high -visibility materi- al. (e) Exposure to falling loads. No em- ployee shall be permitted underneath loads handled by lifting or digging equipment. Employees shall be re- quired to stand away from any vehicle being loaded or unloaded to avoid being struck by any spillage or falling materials. Operators may remain in the cabs of vehicles being loaded or unloaded when the vehicles are equipped, in accordance with § 1926.601(b)(6), to provide adequate protection for the operator during loading and unloading operations. (f) Warning system for mobile equip- ment. When mobile equipment is oper- ated adjacent to an excavation, or when such equipment is required to approach the edge of an excavation, and the operator does not have a clear and direct view of the edge of the ex- cavation, a warning system shall be utilized such as barricades, hand or mechanical signals, or stop logs. If pos- sible, the grade should be away from the excavation. (g) 'Hazardous atmospheres —(l) Testing and controls. In addition to the requirements set forth in subparts D and E of this part (29 CFR 1926.50- 1926.107) to prevent exposure to harmful' levels of atmospheric con- taminants and to assure acceptable at- mospheric conditions, the following re- quirements shall apply. (i) Where oxygen deficiency (atmos- pheres containing less than 19.5 per- cent oxygen) or a hazardous atmos- phere exists or could reasonably be ex- pected to exist, such as in excavations in landfill areas ur excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before em- ployees enter excavations greater than 4 feet (1.22 m) in depth. (ii) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions in- clude providing proper respiratory protection or ventilation in accordance with subparts D and E of this part re- spectively, (iii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an at- mosphere containing a concentration of a flammable gas in excess of 20 per- cent of the lower flammable limit of the gas. (iv) When controls are used that are intended to reduce the level of atmos- pheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe. (2) Emergency rescue equipment. (i) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous at- mospheric conditions exist or may rea- sonably be expected to develop during work in an excavation. This equipment shall be attended when in use. (ii) Employees entering bell-bottom pier holes; or other similar deep and confined footing excavations, shall wear a harness with a life -line securely attached to it. The lifeline shall be separate from any line used to handle materials, and shall be individually at- tended at all times while the employee wearing the lifeline is in the excava- tion. (h) Protection from hazards associ- ated with water accumulation. (1) Em- ployees shall not work in excavations in which there is accumulated water, or in excavations in which water is ac- cumulating, unless adequate precau- tions have been taken to protect em- ployees against the hazards posed by water accumulation. The precautions necessary to protect employees ade- quately vary with each situation, but 221 §1926.651 could include special support or shie systems to.. protect from cave - water removal to control the level accumulating. water, or use of a safetharness and lifeline. (2) If water is controlled or preveh ed from accumulating by the use water removal equipment, the wate equipment and operation shall be monitored. by a competen person to ensure proper operation. (3) If excavation work interrupts th natural ' drainage -of surface wate (such as streams), diversion ditches 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. Excavations subject to runoff from heavy rains require an inspection by a competent person and compliance with para- graphs (h)(1) and (h)(2), of this sec- tion. (1) Stability of adjacent structures. (1) Where the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, brac- ing, or underpuuiirig shall be provided to ensure the stability of such struc- tures for the protection of employees. (2) Excavation below the level of the base or footing of any foundation or retaining wall that could be reason- ably expected to pose a hazard to em- ployees shall not be permitted except when: (i) A support system, such as under - Pinning, is provided to ensure the safety of employees and the stability of the structure; or (ii) The excavation is in stable rock; or (iii) A registered . professional engi- neer has approved the determination that the structure is sufficently re- _ moved from the excavation so as to be unaffected by the excavation activity; or (iv) A registered: professional engi- neer has approved the determination that such excavation work will not pose a hazard to employees.;. (3) Sidewalks, pavements, and appur- tenant structure shall not be under- mined unless a support system or an- other method of protection is provided 29 CFi. XVI1 (7-1-92 Edition) Id•: to protect employees from the possible ins; collapse of such structures. of (j) Protection of 'employees � from loose rock or soil (1) Adequate protec- tion shall be provided to protect em- t- ployees from loose rock or soil that of could pose a hazard by falling or roll- er ing from an excavation face. Such pro- s tection shall consist of scaling to t. remove loose• material; installation of • protective -barricades at intervals as e necessary on the face to stop and con - r tain falling, material; or -other means 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- tection shall be provided by- placing will and keeping such materials or equip- ment at least 2 feet (.61 m) from the edge of excavations, or by the use of retaining devices that aresufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. (k) Inspections. (1) Daily inspections • of excavations, the adjacent areas, and protective systems shall be made by a competent person for evidence of a sit- uation that could result in possible cave-ins, indications of failure of pro- tective systems, hazardous atmos- pheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed through- out the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated - (2) Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, haz- ardous atmospheres, or other hazard- ous conditions, exposed employees shall be removed from the hazardous area until the necessary precautions have been taken .to ensure their safety. (1) Fall protection. (1) Where em- ployees or equipment are required or permitted to cross over excavations, walkways or bridges with standard guardrails shall be provided. .. . L' I I 11 $ I I I I I I I I 1 [1 I 222 I [] I I I G I I I I fl LJ I I I I I Occupational Safety anVeaIth Admi (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 n., Labor § 1926.652 set forth in appendices A and B to this subpart. (3) Option (3) —Designs using other tabulated data. (i) Designs of sloping or benching systems shall be selected from and be in accordance with tabu- lated data, such as tables and charts. (ii) The tabulated data shall be in written form and shall include all of the following: (A) Identification of the parameters that affect the selection of a sloping or benching system drawn from such data; (B) Identification of the limits of use of the data, to include the magnitude and. configuration of slopes deter- mined to be safe; (C) Explanatory information as may be necessary to aid the user in making a correct- selection of a protective system from the data. (iii) At least one copy of the tabulat- ed data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the pro- tective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made avail- able to the Secretary upon request. (4) Option (4) —Design by a regis- tered professional engineer. (I) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under paragraph (b) of this section shall be approved by a registered pro- fessional engineer. (ii) Designs shall be in written form and shall include at least the follow- ing: (A) The magnitude of the slopes that were determined to be safe for the particular. project; (B) The configurations that were de- termined to be safe for the particular project; and (C) The identity of the registered professional engineer approving the design. Ciii) 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 § 1926:652 • TZ9 -"CFS. XVf4 =1-925Edltion) Designs '.of - support systems• shield sys- tems, • and other protective systems shall be.. selected -and- constructed by the -employer:br his designee: and shall be .ht -=accordance with 'the 'require- ments .of ,paragraph (c)(1): or, in the alternative,paragraph tc)(2); or, in%he 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. t)e• - signs for aluminum hydraulic shoring shall be in accordance with paragraph (c)(2) of this section, but if manufac- turer's tabulated data cannot be uti- lized, designs shall be in accordance with appendix D. (2) Option (2) —Designs Using Manu- facturer's Tabulated Data. (i) Design of support systems, shield systems, or other protective systems that are drawn from manufacturer's tabulated data shall be in accordance with all specifications, recommendations, and limitations issued or made by the man- ufacturer. (ii) Deviation from the specifica- tions, recommendations, and limita- tions issued or made by the manufac- turer shall only be allowed after the manufacturer issues specific written approval. (iii) Manufacturer's specifications, recommendations, and limitations, and manufacturer's approval to deviate - from the specifications, recommenda- tions, and limitations shall be in writ- ten form at the jobsite during con- struction of the protective system. After that time this data may be stored off the jobsite, but a copy shall be made available, to the Secretary upon request. (3) Option (3) —Designs using other tabulated data. (i) Designs of support systems, shield systems, or other pro- tective systems shall be selected from and be in accordance with tabulated data, such as tables and charts. (ii) The tabulated data shall be in written form and include all of the fol- lowing: . (A) Identification 'of :the -.parameters that affect the .selection of a :protec- 'tive system .drawn from such.data; . .(B) Identificatioxrof the-limits.of use of .the data; . (C) Explanatory information as -may • be -:necessary to .ai'd.the user yin. making a ' corfect selection of a C:protec`tive system from the data. . (iii) At least axle.copy of:.the.tabuiat- ed data, which identifies the •regis- tered professional engineer who ap- proved the data, shall be maintained at the jobsite during construction-ofP the :protective system. After that time .the. data may be stored off the jobsite, but a copy of the data shall be made available to the Secretary upon re- quest. - (4) Option (4) —Design by a regis- tered professional engineer. (i) Sup- port systems, shield systems, and other protective systems not utilizing Option 1, Option 2 or Option 3, above, shall be approved by a registered pro- fessional engineer. (ii) Designs shall be in written form and shall include the following: (A) A plan indicating the sizes, types, and configurations of the mate- rials to be used in the protective system; and (B) The identity of the registered professional engineer approving the design. (iii) At least one copy of the design shall be maintained at the jobsite during construction of the protective system. After that time, the design may be stored off the jobsite, but a copy of the design shall be made avail- able to the Secretary upon request. (d) Materials and equipment (1) Ma- terials and equipment used for protec- tive systems shall be free from damage or defects that might impair , their proper function. • (2) Manufactured materials and equipment used for protective systems shall be used and maintained in a manner that is consistent with the rec- ommendations of the manufacturer, and in a manner that will prevent em- ployee exposure to hazards. (3) When material or equipment that is used for protective systems is damaged, a competent person shall ex- amine the material or'equipment:and evaluate its suitability for continued I I I I n J I I I Li I U I I Li 224 I I G I I I I I I I [I I I L1 Occupational Safety V Health Admin., Labor • Subpt. P, App, A use. If the competent person cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a regis- tered professional engineer before being returned to service. (e) Installation and removal of sup- port —(1) General. (I) Members of sup- port systems shall be securely connect- ed together to prevent sliding, falling, kickouts, or other predictable failure. (ii) Support systems shall be in stalled and removed in a manner that protects employees from cave-ins, structural collapses, or from being struck by members of the support system. (iii) Individual members of support systems shall not be subjected to loads exceeding those which those members were designed to withstand. (iv) Before temporary removal of in- dividual members begins, additional precautions shall be taken to ensure the safety of employees, such as in- stalling other structural members to carry the loads imposed on the sup- port system. (v) Removal shall begin at, and progress from, the bottom of the exca- vation. Members shall be released slowly so as to note any indication of possible failure of the remaining mem- bers of the structure or possible cave- in of the sides of the excavation. (vi) Backfilling shall progress to- gether with the removal of support systems from excavations. - (2) Additional requirements for sup- port systems for trench excavations. (I) Excavation of material to a level no greater than 2 feet (.61 m) below the bottom Qf 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 (1) 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 g 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 I1926.652(c), and the use of the data is 225 Subpt. P, App. A • predicated on the use of the soil cassifica= 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 exhibi.ts significant cohesion when sub- merged. Cohesive soils include clayey silt, sandy clay, silty clay, clay and organic clay. Dry soil means soil that does not exhibit visible: signs of moisture content. Fissured means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits open cracks, such as tension cracks. in an exposed surface. Granular soil means gravel, sand, or silt, (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered system means two or more dis- tinctly different soil or rock types arranged in layers. Micaceous seams or weakened planes in rock or shale are. considered lay ered. Moist soil means a condition in which a soil looks and feels damp. Moist cohesive soil can easily be shaped into a ball and rolled into small diameter threads before crumbling. Moist granular soil that contains some cohesive material will exhibit signs of cohesion between particles. Plastic means a property of a soil which allows the soil to be deformed or molded without cracking, or appreciable volume change. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. Saturation, or near satura- tion, is necessary for the proper use of in- struments such as a pocket penetrometer or sheer vane. Soil classification system means, for the purpose of this subpart, a method of catego- rizing soil and rock deposits in a hierarchy of Stable Rock, Type A, Type B, and Type C, in decreasing order of stability. The cate- -. 29 CFR COVII (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 (4H:1V) or greater, or (v) The material is subject to other factors that would require it to be classified as a less stable material. Type B means: (i) Cohesive soil with an unconfined com- pressive strength greater than 0.5 tsf (48 kPa) but less than 1.5 tsf (144 kPa); or (ii) Granular cohesionless soils including: angular gravel (similar to crushed rock), silt, silt loam, sandy loam and, in some cases, silty clay loam and sandy clay loam. (iii) Previously disturbed soils except those which would otherwise be classed as Type C soil (iv) Soil that meets the unconfined com- pressive strength or cementation require- ments for Type A, but is fissured or subject to vibration; or (v) Dry rock that is not stable; or (vi) Material that is part of a sloped, lay- ered system where the layers dip into the excavation on a slope less steep than four horizontal to one vertical (4H:1V), but only if the material would otherwise be classified -as Type B. Type C means: (i) Cohesive soil with an unconfined com- pressive strength of 0.5 tsf (48 kPa) or less; or (ii) Granular soils including gravel, sand, and loamy sand; or (iii) Submerged soil or soil from which water is freely seeping; or (iv) Submerged rock that is not stable, or (v) Material in a sloped, layered system where the layers dip into the excavation or a slope of four horizontal to one vertical •(4H:IV) or steeper. I I I I I- [1 r I I I I I I I 11 I 226 I Occupational Safety arwealth Ad'min., Labor. • Subpt. P, App. A [J I is I 1, I I I I I I I Li 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. (e) Requirements —(1) Classification of soil and rock deposits. Each soil and rock deposit shall be classified by a competent person as Stable Rock, Type A. Type B. or Type C in accordance with the definitions set forth In paragraph (b) of this appendix. (2) Basis of classification. The classifica- tion of the deposits shall be made based on the results of at least one visual and at least one manual analysis. Such analyses shall be conducted by a competent person using tests described in paragraph (d) below, or in other recognized methods of soil classifica- tion and testing such as those adopted by the America Society for Testing Materials, or the U.S. Department of Agriculture tex- tural classification system. (3) Visual and manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this appendix, shat be designed and con- ducted to provide sufficient quantitative and qualitative information as may be nec- essary to identify properly the properties, factors, and conditions affecting the classifi- cation of the deposits. (4) Layered systems. In a layered system, the system shall be classified In accordance with its weakest layer. However, each layer may be classified individually where a more stable layer lies under a less stable layer. (5) Reclassification. If, after classifying a deposit, the properties, factors, or condi- tions affecting its classification -change in any way, the changes shall be evaluated by a competent person. The deposit shall be re- classified as necessary to reflect the changed circumstances. (d) Acceptable visual and manual tests. — (1) Visual tests. Visual analysis is conducted to determine qualitative Information regard- ing'the excavation site in general, the soil adjacent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated mate. rial. (1) Observe samples of*soil that arc 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. (11) 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 spells are evi- dence of moving ground and are indications of potentially hazardous situations. (iv) Observe the area adjacent to the exca- vation and the excavation itself for evidence of existing utility and other underground structures, and to identify previously dis- turbed soil. (v) Observe the opened side of the excava- tion to identify layered systems. Examine layered systems to identify if the layers slope toward the excavation. Estimate the degree of slope of the layers. (vi) Observe the area adjacent to the exca- vation and the sides of the opened excava- tion for evidence of surface water, water seeping from the sides of the excavation, or the location of the level of the water table. (vii) Observe the area adjacent to the ex- cavation and the area within the excavation for sources of vibration that may affect the stability of the excavation face. (2) Manual tests. Manual analysis of soil samples is conducted to determine quantita- tive as well as qualitative properties of soil and to provide more information in order to classify soil properly. (i) Plasticity. Mold a moist or wet sample of soil into a ball and attempt to roll it into threads as thin as K -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 ¼-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 upwith 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 unflssured. (lit) Thumb penetration. The thumb pene- tration test can be used to estimate the un- confined compressive strength of cohesive soils. (This test is based on the thumb pene- tration test described in American Society for Testing and Materials (ASTM) Standard designation D2488 —"Standard Recommend- ed Practice for Description of Soils (Visual — I 227 Subpt. P, App. B 0 29 CFR Ch.01I (7-1-92 Edition) I Manual Procedure).") Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb: how- ever, they can be penetrated by the thumb only with very great effort. Type C soils with an unconfined compressive strength of 0.5 tsican be easily penetrated several inches by the thumb, and can be molded by light finger pressure. This test should be conducted on an undisturbed soil sample, such as a large clump of spoil, as soon as practicable after excavation to keep to a mi- minum the effects of exposure to drying in- fluences. If the excavation is later exposed to wetting influences (rain, flooding), the classification of the soil must be changed ac- cordingly. (iv) Other strength tests. Estimates of un- confined compressive strength of soils can also be obtained by use of a pocket pene- trometer or by using a hand -operated shear - vane. (v) Drying test The basic purpose of the drying test is to differentiate between cohe- sive material with fissures, unfissured cohe- sive material, and granular material. The procedure for the drying test involves drying a sample of soil that is approximate- ly one inch thick (2.54 cm) and six inches (15.24 cm) in diameter until it is thoroughly dry: (A) If the sample develops cracks as it dries, significant fissures are indicated. (B) Samples that dry without cracking are to be broken by hand. If considerable force is necessary to break a sample, the soil has significant cohesive material content. The soil can be classified as a unfissured cohe- sive material and the unconfined compres- sive strength should be determined. (C) If a sample breaks easily by hand, it Is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the ma- _ terial L; cohesive with fissures. If they pul- verize easily into very small fragments, the material is granular. APPENDIX B TO SUBPART P -SLOPING AND BENCHING (a) Scope and application. This appendix contains specifications for sloping and benching when used as methods of protect- ing employees working In excavations from cave-ins. The requirements of this appendix apply when the design of sloping and bench- ing protective systems is to be performed in accordance with the requirements set forth in § 1926.652(b)(2). (b) Definitions. Actual slope means the slope to which an excavation face is excavated. Distress means that the soil is in a condi- tion where a cave-in is imminent or is likely to occur. Distress is evidenced by such phe- nomena as the development of fissures in the face of or adjacent to an open excava- tion; the subsidence of the edge of an exca- vation; the slumping of material from the face or the bulging or heaving of material from the bottom of an excavation; the spall- ing of material from the face of an excava- tion; and ravelling, i.e., small amounts of material such as pebbles or little clumps of material suddenly separating from the face of an excavation and trickling or rolling down into the excavation. Maximum allowable slope means the steepest incline of an excavation face that is acceptable for the most favorable site condi. tions as protection against cave-ins, and is expressed as the ratio of horizontal distance to vertical rise (H:V). Short term exposure means a period of time less than or equal to 24 hours that an excavation is open. (c) Requirements -(l) Soil classification. Soil and rock deposits shall be classified in accordance with appendix A to subpart P of part 1926. (2) Maximum allowable slope. The maxi- mum allowable slope for a soil or rock de- posit shall be determined from Table B-1 of this appendix. (3) Actual slope. (f) The actual slope shall not be steeper than the maximum allowable slope. (ii) The actual slope shall be less steep than the maximum allowable slope, when there are signs of distress. If that situation occurs, the slope shall be cut back to an actual slope which is at least % horizontal to one vertical (S4H:1V) less steep than the maximum allowable slope. (iii) When surcharge loads from stored material or equipment, operating equip- ment, or traffic are present, a competent person shall determine. the degree to which the actual slope must be reduced below the maximum allowable slope, and shall assure that such reduction is achieved. Surcharge loads from adjacent structures shall be eval- uated in accordance with! 1926.651(i). (4) Configurations. Configurations of slop- ing and benching systems shall be in accord- ance with Figure B-1. I I I I I I I I I I I I Cl I 228 I Occupational Safety Health+Admin., Labor Subpt. P, App. B TABLE B-1 MAXIMUM ALLOWABLE SLOPES I I 11 SOIL OR ROCK TYPE 1 AIMUM ALLOWABLE SLOPES(H:V)(1] FOR EXCAVATIONS LESS THAN 20 FEET STABLE ROCK VERTICAL (90°) TYPE A (2) 3/4:1 (531 TYPE B 1:1 (451 TYPE C 1+i:1 (340) NOTES: 1. Numbers shown in parentheses next to -maximum allowable slopes are angles expressed in degrees from the horizontal. Angles have been rounded off. 2. A short-term maximum allowable slope of 1/2H:IV (63') is allowed in excavations in Type A soil that are 12 feet (3.67 m) or less in depth. Short-term maximum allowable slopes for excavations greater than 12 feet (3.67 m) in depth shall be 3/4H:IV (S3'). 3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. 1 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 3'.:1. I I I L 1 229 Sub,pt. P, App. B 20' Max. I.. • - 29 CFR XV11 (7-1-92 Edition) SIMPLE SLOPE -GENERAL Exception: Simple slope excavations which are open 24 hours or less (short term) and which are 12 feet or less in depth shall have a maximum allowable slope of 54:1. 12' Max. SIMPLE SLOPE -SHORT TERM 2. All benched excavations 20 feet or less in depth shall have a maximum allowable slope of V. to 1 and maximum bench dimensions as follows: 230- I I I I 1 Occupational Safety a�Health Admin., Labor SInPI.E 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 verticai "side of 3½ feet. Al S' Max. 3/L (Alax. UNSUPPORTED VERTICALLY SIDED LOWER PORTION -MAXIMUM 8 FEET IN DEPTH All excavations more than 8 feet but not more than 12 feet in depth which unsupported vertically sided lower portions shall have a maximum allowable slope of 1:1 and a maximum vertical side of 3% feet. 231 Subpt. P, App. B 29 CFRi. XV11 (7-1-92 Edition) UNSUPPORTED VERTICALLY SIDED LOWER PORTION-MAXIMD'M 12 FEET IN DEPTH All excavations 20 feet or less in depth which have. vertically sided lower portions that are supported or shielded shall have a maximum allowable slope of %:1. The support or shield system must extend at least 18 inches above the top of the vertical side. 20' Max. I 3/+ 18" Min. Total height of vertical side SUPORTED OR SHIELDED VERTICALLY SIDED LOWER PORTION 4. All other simple slope, compound slope, and vertically sided lower portion excavations shall be in accordance with the other options permitted under § 1926.652(b). B-1.2 Excavations Made in Type B Soil 1.. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 1:1. SIMPLE SLOPE 2. All benched excavations 20. feet or less in depth shall have a maximum allowable slope of 1:1 and maximum bench dimensions as follows: 232 Ii 1 Occupational Safety aItHealth Admin., Labor Subpt. P, App. B This bench allowed in cohesive soil only. 1 I 1 20' Max I 4' ' Max. % SINGLE BENCH This bench allowed in cohesive soil only /I 20' Max. iI J 1 Nax_ 4' Max. I � MULTIPLE BENCH 3. Al! 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 8" Min. Total height of vertical side 233 Subpt. P, App. B 9 29 CFR OXVI1 (7-1-92 Edition) VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shallbe 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 134:1. ?0' Max. I SIMPLE SLOPE 2. All excavations 20 feet or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavations shall have a maximum allowable slope of 1'h:1. 20' Max. Support or shield system I � � t 18" Kin. l Total height of vertical side I I I I I 1 1 1 234 I .1 1 I 1 1 I 1 I I Occupational Safety arlealth Admin., Labor • Subpt. P, App. S VERTICAL SIDED LOWER PORTION 3. All other sloped excavations shall be In accordance with the uihei options permitted in § 1926.652(b). 8-1.4 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. d OVER A C OVER A C OVER d 235 ;iubpt. P, App. C • 29 CFWh. XVII (7-1-92 Edition) A OVER 8 P b A OVER C B OVER C A �1 B Z1 '½ c 1 1½ 2. All other sloped excavations shall be in accordance with the other options permitted in § 1926.652(b). APPENDIx C TO SUBPART P-TIMBE R SHORING FOR TRENCHES (a) Scope. This appendix contains infor- mation that can be used timber shoring is provided as a method of protection from cave-ins in trenches that do not exceed 20 feet (6.1 m:) in depth. This appendix must be used when design of timber shoring protec- tive systems is to be performed in accord- ance with § 1926.652(c)(1). Other timber shoring configurations; other systems of support such as hydraulic and pneumatic systems; and other protective systems such as sloping, benching, shielding, and freezing systems must be designed in accordance with the requirements set forth in § 1926.652(b) and § 1926.652(c). (b) Soil Classification. In order to use the data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in appen- dix A of subpart P of this part. (c) Presentation of Information. Informa- tion is presented in several forms as follows: (1) Information is presented in tabular form in Tables C-1.1, C-1.2, and C-1.3, and Tables C-2.1, C-2.2 and C-2.3 following 236 I L I I I I I I I U I I I I C1 I I :Occupational,Safety'$°Health Admin., paragraph (g) of the appendix. Each table presents the minimum sizes of timber mem- bers to use in a shoring system, and each table.contalnc data:only for the particular -soi}..type In which the. excavation_or portion of the excavation Is made. The data are ar- ranged to allow the user the flexibility -to • select from among severalacceptable con- figt Sttons bf members based on 'varying the •horizontal spacing of the crossbraces. Stable rock Is*exempt from shoring require- ments and therefore, to data arepresented for this condition. (2) Information concerning the basis of the tabular data and the limitations of the data Is presented in paragraph (d) of this appendix, and on the tables themselves. (3),Information explaining the use of the tabular data Is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented in paragraph (f) of this appendix. (5) Miscellaneous notations regarding Tables C-1.1 through C-1.3 and Tables C- 2.1 through C-2.3 ' are presented in para- graph (g) of this Appendix. (d) Basis and limitations o/ the data. —(1) Dimensions of timber members. (1) The sizes of the timber members listed in Tables C- 1.1 through C-1.3 are taken from the Na- tional Bureau of Standards (NBS) report, "Recommended Technical Provisions for Construction Practice in Shoring and Slop- t 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. t (11) The required dimensions of the mem- s bers listed in Tables C-1.1 through C-1.3 refer to actual dimensions and not nominal t dimensions of the timber. Employers want- ing to use nominal size shoring are directed to Tables C-2.1 through C-2.3, or have this choice under 11926.652(c)(3),- and are re- t ferred to The Corps of Engineers, The Bureau of Reclamation or data from other t acceptable sources. t (2) Limitation of application. (1) It Is not t Intended that the timber shoring specifica- v tion apply to every situation that may be experienced in the field. These data were b 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). (U) 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 Space 4x4 crossbraces at six feet horizon - system designed in accordance with tally and four feet vertically. ¢ 1926.652. Wales are not required. Labor • :Subpt.P, App. C 'A) When loads imposed by' structures or by stored material adjacent to the : trench weign 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 :tbs trench equal to the depth of the trench. (B). When vertical ]Dads imposed_on cross braces exceed a 240 -pound gravity -load dis- tributed on a one -foot. section of the center of the crossbrace. (C) When surcharge loads are :present from equipment weighing in excess of 20,000 pounds. (D) When only the lower portion of a trench is shored and the remaining portion of the trench Is sloped or benched unless The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables. The members of the shoring system that are to be selected using this information are the cross braces, the uprights, and the wales, where wales are re- quired. Minimum sizes of members are spec- fied for use in different types of soil. There are six tables of information, two for each soil type. The soil type must first be deter- mined in accordance with the soil classifica- tion system described in appendix A to sub - art P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is then made. The selection 1s based on the depth and width of the rench where the members are to be in - tailed and, in most instances, the selection 1s also based on the horizontal spacing of he 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 he size of any member can be determined. When the soil type, the width and depth of he trench, and the horizontal spacing of he crossbraces are known, the size and ver- ical spacing of the crossbraces, the size and ertical spacing of the wales, and the size cane horizontal spacing of the uprights n e read from the appropriate table. (f) Examples to Illustrate the Use of Tables %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 f_1 237 Subpt. P, App. C • Space 3x8 uprights at six feet horizontal- ly. This arrangement is commonly called "skip shoring." Arrangement #2 Space 4x6 crossbraces at eight feet hori- zontally and four feet vertically. Space 8x8 8 wales at four feet vertically. Space 2x6 uprights at four feet horizon- tally. Arrangement #3 : Space 6 x 6 crossbraces at 10 feet horizon- tally and four feet vertically. Space 8 x 10 wales at four feet vertically. Space 2x 6 uprights at five feet horizontal- ly.. Arrangement #4 Space 6x6 crossbraces at 12 feet horizon- tally and four feet vertically. Space 10 x 10 wales at four feet vertically. ,spaces 3x8 uprights at six feet horizon- tally. - (2) Example 2. A trench dug in Type B soil in 13 feet deep and five feet wide. From Table C-1.2 three acceptable arrangements of members are listed. Arrangement #1 Space 6x6 crossbraces at six feet horizon- tally and five feet vertically. Space 8 x 8 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 2x6 uprights at two feet horizontal- ly. Arrangement #3 Space 8x8 crossbraces at 10 feet horizon- tally and five feet vertically. Space lox 12 wales at five feet vertically. Space 2X6 uprights at two feet vertically. (3) Example 3. A trench dug in Type C soil is 13 feet deep and five feet wide. From Table C-1.3 two acceptable arrange- ments of members can be used. Arrangement #1 Space 8x8 crossbraces at six feet horizon- tally and five feet vertically. Space 10 x 12 wales at five feet vertically. Position 2x6 uprights as closely together as possible. If water must be retained use special tongue and groove uprights to form tight sheeting. 29 CFfii. XV11 (7-1-92 Edition) Arrangement #2 Space 8x10 crossbraces at eight feet hori- zontally and five feet vertically. Space 12x12 wales at five feet vertically. Position 2x6 uprights in a close sheeting configuration unless water pressure must be resisted. Tight sheeting must be used where water must be retained. (4) Example 4. A trench dug in Type C soil is 20 feet deep and 11 feet wide. The size and spacing of members for the section of trench that Is over 15 feet in depth is determined using Table C-1.3. Only one arrangement of mem- bers is provided. Space 8x 10 -crossbraces at six feet hori- zontally and five feet vertically. Space 12x12 wales at five feet vertically. Use 3x6 tight sheeting. Use of Tables C-2.1 through C-2.3 would follow the same procedures. (g) Notes for all Tables. 1. Member sizes at spacings other than in- dicated are to be determined as specified in § 1926.652(c), "Design of Protective Sys- tems." 2. When conditions are saturated or sub- merged use Tight Sheeting. Tight Sheeting refers to the use of specially -edged timber planks (e.g., tongue and groove) at least three inches thick, steel sheet piling, or similar construction that when driven -or placed in position provide a tight wall to resist the lateral pressure of. water and to prevent the loss of backfill material. Close Sheeting refers • to the placement of planks side -by -side allowing as little space as possi- ble between them. 3. All spacing indicated is measured center to center. 4. Wales to. be installed with greater di- mension horizontal. 5. If the vertical distance from the center of the lowest crossbrace to the bottom of the trench exceeds two and one-half feet, uprights shall be firmly embedded or a mudsill shall be used. Where uprights are embedded, the vertical distance from the center of the lowest crossbrace to the bottom of the trench shall not exceed 36 inches. When inudsills 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. Li I I I J [1 11 Cl I I I U C1 238 L Occupational Safety �� Health Admin., Labor Subpt. P, App. C N @1 Z O L E q W u a 0 J O U, W .J W W N - O. • 1 E u - Z 4 W r J Z S m C , N CJ N Z U z o to U Z C W W H r W m O O ^ V N 6 N J C D O - X x 0 N K 0- .O S W X W N W W J O .O x J N Q Y Li • • r X LI, C b b X X X W¢ ; C 1 VC O Q Q V Q O^ O- NZ �- Yv m •+- m O C r- occo. 'C x O X X X X X , .- d C m Z C C O .O C C O "- C _________ C C - U — ___ ___ Z I- W = U O U W W Q 11 Q C < C C CO V Q O h O .O W .O .O O C O O O C O U' a X .o X .o >C IC X .o x IC x o x .c X .c X .o X .c X C x m F H W N .p b O .p O W d X X X X X X K X X W J .O .O IC .p .O .O .O .O C Z O 'CC) a x X X X X X X X X X 0-j o. C- Q J C .O .0 b .p 0 O 0 W O X x x x X X X sCC S d Q C- Q Q .O .O .D .O O = O C 3 C X X x X X X X X X X HO- 4< O C C C O .O .O .O 10 C m .+ W N 21- O O O O O O O O O O O -- W O O Z O m N-, b m O N b m O W Q. 1 [1 O. N W J yl J 0 In S =- - I- LI - . V7 O O O O U' O O N ,C. .N .N.. - f O O C to '-v Er 239 Subpf. P, App. C • : 29 CFR•. XVII (7-1-92 Edition) 00 W M S N W a u u M Y o N W y a w S V -4 r. F w — x d N � N U = Z c '>4 U Cn • -I N o N i d i W E 4 a � o .] -o F N U t.. W X V v CO Oy O F a X 'O v v v v C N t O W U W v X W .4-v o 0 a a v .o .o - N X % X x v v v v x 1 e ' n n Xi • V n Zr 4 •0 S F «. U a.� aU 00 0D• 00 >C<. yC ya v v yd v v v c v a v W V V 9 NZ U- 0 O O N N 0 0 0 0 0 4) N z 1 ya m X yd X >4 x x _ w a .O 0 m .G X m X 0 m U y FY FJ U "3<w v .T .T .T v v .T v v .: > 4 4 .: Cl, .D '0 .O '0 'G 'C C .O 0 0 X X X X X x X x X X X X X X .T .T '0 .O '0 '0 '0 .O .0 .0 v^ C � W F O V: W pn v b .O b >< > b b X X % X X >4 >4 >4 X N 4 v v .o .o .% .% .O '0 .X^.. e � .^. � m OXO a Z t' X v X v X X X X X X X X X Xi V .T v •Q sO V v0'0 V C N F.. CO ao F v O .D v .o .O .0 .O .O V so % x X X % X X X x > > C F j v v v v v v .O 3 O w 2 p V V % % '0 >0 '0 sO v X X_ X >4 X X X X X X >4 X A. v v v v v v .O .o .o .o .c .O - _ _ _ .. _ ___ _ ___ __ ___ F F F F H F F F F F C U 4F1 0 O <. W N so N O N so 0 O N 4 4 C. A. C. .Ni " — W Lam`. W N v 0 0 0 4 A. C. 4 CO J > > >0.12. y 1s1 01 O O O O v] W O t� O O W O o H' - O 242 V Occupational Safety tHealth Admin., Labor C Subpt. P, App. C i Z N M � r u x ' F X Q /1 1-01-4 ry S W n rm CO X X X x W 4 rn., O O O O J X .'1 V -1 J .+ N Sc O b .0 .0 m •m S0 X % X X Sc Sc .� .t t • U H 'Si < In VI in in V1 in in in Jl > a W 4. O N Y --4 m m O r O N O N yScv x Scm x m x Sc X _ Sc _ Sc U aC aC 0 m O Z r. ,r r r U 0-' 6 F � N L' V W U, w V\ V\ N in Vl J N in Ca O >C.- Vl < A N sO b m m m m m Sc x 0 `D Sc •o X '0 Sc Scm x Sc Sc Sc Sc 'o m m m m W p0 r W N .0 '0 `0 m m J Sc Sc b Sc V Sc Sc Sc `D m m 'x0 m m Cr O V P WO. `0 K JSc `0 .O m m m m F Sc Sc ScSc Sc Sc Sc Sc Sc v 'o .D .D .o m 'o m W O 00I-• C. .0 .O Z C. Sc `O D Sc so m m m m m Q O v v v Sc b Sc '0 Sc ' Sc �O x x V m 3 � � • U O O F F O O O O O W .N. u� F V ill m O V b m O Y IO m O O< W W �' Y r Y Y u W [ S (fl'. p O L Y O d d 6 Y 0 d y J y0 p VIZ J NZ S F Of. S Z W IsJO hJ N O O O O in i n O O Cue F r F r F N O 243 Subpt. P, App. C . 29 CF•h. XVII (7-1-92 Edition) N a f-i cc Cal C £ L Cl a OG 4 H J C Y 41 p £M v W F m rl 7 N w I I Z i 4] m I H U m N L Z U m ul F 1 C F £ .r N O F N U Z N U N a Z 2.— . N FOE. x L m 3 J a E £ Ll m '0 .o 'O 'O 'O o x x x x x x n r n v v v # £ V U r. ft F .Z4 E. C U 41 4 < 4 in Vl N i t Y1 in N V O N Q N N N m r r — r r O O O N O Z F CC F 4 y1 Jl Vl in Jl UI > L N m m m r r x x x x x j m m m 00 m l 'O m m m m 0 r x x x x x x S m m m m m y O O m 00 m x x x x x x '0 '0 0 'G m m m p N 0'0 J y X x X x x X '0 b •O b m m O F .O .O m m _x H O O t0+ r F F r .-. {"'i r r r ..I N lu < W.� d m O a C m a s 'O a a O 41 a Y aJ aUCPU GIL) C v 6 L L a O L a. a 0 a 0 L WO L O W O N N > > J N Z = J NZ N2 0 NZ N r w p w W O O O O vl in O O I+1 O CI Y a F••� •+ F r .+ Fr N .> N F. v 244 'Occupational.Safet•nd Health Admin., Labor • Subpt.PP,:App:.D I I I I I I I .i J I I I APPENDIx'D TO SUBPART P-ALuvnrnq .HYDRAULIC SHORING FOR TRENCHES .(a) Scoye:'Thls appendix contalns.-infor- mation'that -can be used when aluminum -hydraulic shoring is provided as a method of.•protectlon against cave-ins in :trenches that,do not exceed 20 feet (6.lm) in depth.• Thisappendix must be used when design of the alumhmm hydraulic protective system cannot be performed In accordance with 4 1926.652(cX2). - (b) Soil .Classification. In order to use data presented in this .appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth In appen- dix A of subpart P of part 1926. Cc) .Presentation of Information. Informa- tion is presented in several forms as follows: (1) Information is presented in tabular form in Tables D-1.1, D-1.2, D-1.3 and E- 1.4. Each table presents the maximum verti- cal and horizontal spacings that may be used with various aluminum member sizes and various hydraulic cylinder sizes. Each table contains data only for the particular soil type In which the excavation or portion of the excavation is made. Tables D-1.1 and D-1.2 are for vertical shores in Types A and B soil. Tables D-1.3 and D1.4 are for hori- zontal waler systems in Types B and C soil. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appendix. (3) Information explaining the use of the tabular data Is presented in paragraph (e) of this appendix. (4) Information illustrating the use of the tabular data is presented In paragraph (f) of this appendix. (5) Miscellaneous notations (footnotes) re- garding Table D-1.1 through D-1.4 are pre- sented in paragraph (g) of this appendix. (6) Figures, illustrating typical" installa- tions of hydraulic shoring, are included just prior to the Tables. The illustrations page Is entitled ••Aluminum Hydraulic Shoring; Typical Installations." (d) Basis and limitations of the data. (1) Vertical shore rails and horizontal wales are those that meet the Section Mod- ulus requirements in the D-1 Tables. Alumi- num material is 6061-T6 or material of equivalent strength and properties. (2) Hydraulic cylinders specifications. (i) 2 -inch cylinders shall be a minimum 2 -inch inside diameter with a minimum safe work- ing capacity of no less than 18,000 pounds axial compressive load at maximum exten- sion. Maximum extension Is to include full range of cylinder extensions as recommend- ed by product manufaturer. (II) 3 -Inch cylinders shall be a minimum 3 - inch inside diameter with a safe working ca - parity of not less that 30,000 pounds axial 'onipressive load at —extensions as recom- mended by product manufacturer. (3) Limitation of application, (1) It Is not intended that the aluminum hydraulic specification apply to every sttua- tipn that,may be experienced in the field. These .data were. developed: to 'appiy'.to ;he situations that are :most: ommonly expert- :.enced in current tregching practice, 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). (11) - When any .of the following conditions are present, the members specified in the. Tables are not considered adequate. In this case, an alternative aluminum hydraulic shoring system or other type of protective system must be designed in accordance with 4 1926.652. (A) When vertical loads imposed on cross braces exceed a 100 Pound gravity load dis- tributed on a one foot section of the center of the hydraulic cylinder. (B) When surcharge loads are present from equipment weighing in excess of 20,000 pounds. (C) When only the lower portion or a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables D-1.1, D-1.2, D-1.3 and D-1.4. The members of the shoring system that are to be selected using this informa- tion are the hydraulic cylinders, and either the vertical shores or the horizontal wales. When a waler system is used the vertical timber sheeting to be used is also selected from these tables. The Tables D-1.1 and D- 1.2 for vertical shores are used in Type A and B soils that do not require sheeting. Type B soils that may require sheeting, and Type C soils that always require sheeting are found in the horizontal wale Tables D- 1.3 and D-1.4. The soil type must first be de- termined in accordance with the soil classifi- cation system described in appendix A to subpart P of part 1926. Using the appropri- ate table, the selection of the size and spac- ing of the members is made. The selection is based on the depth and width of the trench where the members are to be installed. In these tables the vertical spacing is held con- stant at four feet on center. The tables show the maximum horizontal spacing of cylinders allowed for each size of wale In the waler system tables, and in the vertical shore tables, the hydraulic cylinder horizon- tal spacing is the same as the vertical shore spacing. I 245 Subpt. P, App. D � 29 CFSJz. XVII (7-1-92 Edition) , (f) Example to Illustrate the Use of the Tables: (1) Example 1: A trench dug in Type A soil is 6 feet deep and 3 feet wide. From Table D-1.1: Find ver- tical shores and 2 inch diameter cylinders spaced 8 feet on center (o.c.) horizontally and 4 feet on center (o.c.) vertically. (See Figures 1 & 3 for typical installations.) (2) Example 2: A trench is dug in Type B soil that does not require sheeting, 13 feet deep and 5 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinders spaced 6.5 feet o.c. horizontally and 4 feet o.c. vertical- ly. (See Figures 1 & 3 for typical installa- tions.) • . (3) A trench is dug in Type B soil that does not require sheeting, but does experi- ence some minor raveling of the trench face. The trench is 16 feet deep and 9 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinder (with special overs- leeves as designated by footnote #2) spaced 5.5 feet o.c. horizontally and 4 feet o.c. verti- cally, plywood (per footnote (g)(7) to the D- 1 Table) should be used behind the shores. (See Figures 2 & 3 for typical installations.) (4) Example 4: A trench is dug in previous- ly disturbed Type B soil, with characteris- tics of a Type C soil, and will require sheet- ing. The trench is 18 feet deep and 12 feet wide. 8 foot horizontal spacing between cyl- inders is desired for working space. From Table D-1.3: Find horizontal wale with a section modulus of 14.0 spaced at 4 feet o.c. vertically and 3 inch diameter cylinder spaced at 9 feet maximum o.c. horizontally. 3x 12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (5) Example 5: A trench is dug in Type C soil. 9 feet deep and 4 feet wide. Horizontal cylinder spacing in excess'of 6 feet is desired for working space. From Table D-1.4: Find horizontal wale with a section modulus of 7.0 and 2 inch diameter cylinders spaced at 6.5 feet o.c. horizontally. Or, find horizontal wale with a 14.0 section. modulus and 3 inch diameter cylinder spaced at 10 feet o.c. hori- zontally. Both wales are spaced 4 feet o.c. vertically. 3x12 timber sheeting is required at close spacing vertically. (See Figure 4 for typical installation.) (g) Footnotes, and general notes, for Tables D-1.1, D-1.2, D-1.3, and D-1.4. (1) For applications other than those listed in the tables, refer to § 1926.652(c)(2) for use of manufacturer's tabulated data. For trench depths in excess of 20 feet, refer to § 1926.652(c)(2) and § 1926.652(c)(3). (2) 2 inch diameter cylinders, at this width, shall have structural steel tube (3.5x3.5x0.1875) oversleeves, or structural oversleeves of manufacturer's specification, extending the full, collapsed length. (3) Hydraulic cylinders capacities. (i) 2 inch cylinders shall be a minimum 2 -inch inside diameter with a safe working capacity of not less than 18,000 pounds axial com- pressive load at marimum 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- mumextension is to include full range of cylinder extensions as recommended by product manufacturer. (4) All spacing indicated is measured center to center. (5) Vertical sharing rails shall have a min- imum section modulus of 0.40 inch. (6) When vertical shores are used, there must be a minimum of three shores spaced equally, horizontally, in a group. (7) Plywood shall be 1.125 in. thick softwood or 0.75 inch. thick, 14 ply, arctic white birch (Finland form). Please note that plywood is not intended as a structural member, but only for prevention of local raveling (sloughing of the trench face) be- tween shores. (8) See appendix C for timber specifica- tions. (9) Wales are calculated for simple span conditions. '(10) See appendix D. item (d), for basis and limitations of the data. G I I F I P Li I I [1 I 1.1 I I I I 246 ' Y.- `ff\t :9a♦w4...n Occupational Safety it Health Admin., Labor • Subpt. P, App. D ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS FIGURE NO. 1 FIGURE NO. 2 VI$TCAL MSMYMAI Md1AlAX II PC V(MTC4 M /LW Y (SPOT OYGCI MTMA{AY /.Q/Ip (MMN hTw000) M ORIZOYfAI SPACING / NOR I ZONTAL S IA(ING ISO MAX. VERTICAL RAIL VERTICAL RAIL "I HYDRAULIC CYLINDER ISO MU. VERTICAL + [n p SPACING G .4 S SPACING t 4• MA X r U G' MAX. •-.)I. 2MAX. 2 2' MAX. HYDRAULIC C TL 11011 PLYV000 FIGURE NO. 3 FIGURE NO. 4 VIATC4 YW)M• ALLUCM nvoaAµC LCMMO UPR I GMT nTOMAtAc TA"903OM..D +4 •. ITv ).)r/v 1 SHEETING (STACSI01 �\ LIA Iii M� S HORIZONTAL SP/ACING \~ II O� f "- 116 MTO RAULIC SPACINGL VERTICAL SAIL 2' MAX. R CYLINDER YI'/ n HYDRAULIC 1 CYLINDER VERTICAL SPACING 4 MAY. 2 MAX. 247 311-112 n-92 -Q Subpt. P, App. D • . 29 CFfFh. XVII (7-1-92 Edition) ' � w Wo o 0 f a ^. U a0 z�F O O 00 E ,Q r o 3 A z r , Zo _ T w : O C O U W n W¢ V Z a • ¢ wawa U C O 5, U u3 [E¢ap ≤ =¢z G:l Z> L >- ( U V Q o >N w y ¢ z , T t ¢ N Z Z E- ovp ovo XOa V m oo n C u u N O`" v.1 .c c c u a a ' v Q ¢ o p u u w Z OF o u o h I� F- o x y WOW W > 0.> 4>^ 4-N 0 ' O O a O > ga� O u u gz°z° 248 1 Occupational Safety aSHealth Admin., Labor Subpt. P, App. D :, a O x N h W0 > a o x a a z = x W v N o�00. •C C4O z I- {+. >F Naz ' O O O O IC Z x 9 x� c 0 z ' -� - c N V ` Z Q C O Q V1 r U C .-`Li ., FCC— C z F c ¢wa �. I II— O z T Si < n V Ozz F -coca X O E LU x in y� u u C) -00 O K K C 'O.O C, CC n Q Q x U F w O a O c O c C Vn vO u. z cu W . F o O Z >' O n O Z) O a O > > �'^ O o u u o 0 c zz 1 249 Subpt. PApp. D • ...29 CflSi. XVII (7-1-92 Edition) CJ ( N en CS va wu , O x hh 2 z ° z z z z z z z 1 z Z F en .n en r.1 en en en en n 0%a U0 ' ni z O O C O O h O a +� N .G oc c h =� > xo In 0 a w uJ sz c u z is �. N W yl is is is z z _ iL'7 Z WZL• z Z.c:; z z z(:.) Z z - a U O ,j<NQN� F ND to n NC r: r. O U ? Uo z Z Z Z U U - J �z i W 4 O O c c - n y c O a O0 -' C a c min - c G W O 3 L r u < z z L Z Z Z Z Z Z _. Z Z u v; ' L �• C x a CM CM T. N tom. en r! Z '- U = = L z ? ri C oe p .r. C T V Z — r r, - r. r - " - 0 u m c c c c o t z a J < v v = u >1' v • C C C E 1 v iic y a F r[ •OC O a O w _ C "'N c� ' OJ L'1 > ' = > i-•v. >—i^O Ui Q L O O O N J N J l..' O V N -000 955O L z z • ' 250 1 ' 1 Occupational Safety a,lealth Admin., Labor Subpt. P, App. D <-' en sod I pppW((( N — x v ((J� .-. .-1 .K M Hl l^. � OC 0G off' z z z z z z z z z in 'n in en en e+, en n en n Ua j N U WI O O C LU O< O ad a _�° E CS N N C Z T zc1i1zIY " z z z z z z z > N ONO t•1 N O Hl ene50 en to O U a u < Z Z z z v c x C N ur co IU, - � m O $ u. .L ni Z o V, o o V+ o In C C O j O < 'a d O_ v vi ad .r vi �c a P O x o W Ce CNn Y C _ o X W v V a z W H Z Co J N N F N Hl M N t^. t^. C `p O 3 0 0 U C c u z ^ d U — o c O r. O C �: O v, G C• t u c J O< 'a ' C_ Q v, oC F. r. L O O < 0- - z ` u • Zj Cl O_i C VI O C V O C v, C — ^ Q Go ? r Q Q r Q J v ,, W O — — to at < J _ CEE` Li 0 f.< v 'Li W 1 LL-. ea K K � c c N 2i�E u 6 c x d O K O C O N ,, u u$ €IL Z W fi! C {iJCF-v, � ii WWI > F- 0 p COQ LOZZ• I 251 Subpt. P, App...E • 29. COCK. XVI1 (7-1-92 Edition) APPENDIX E TO SUBPART P -ALTERNATIVES To TIMBER SHORING 18" VER1 SPAC 4' MA RTICAL RAIL YDRAULIC CYLINDER Figure 1. Aluminum_ Hydraulic Shoring Tr 0 O O O O Figure 2. Pneumatic/hydraulic Shoring 252 Occupational Safety a Health Admin., Labor • Subpt. P, App. E Figure .3. Trench Jacks (Screw Jacks) Figure 4. Trench Shields 253 Subpt. P, App. F • 29 CFh. XVII (7-1-92 Edition) APPENDI% 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? selec Is the excavation entirely in stable rock? Excavation maybe made with vertical sides. Excavation must be sloped, shored, or shielded. Shoring or selected. lding Go to Figure 2 Go to Figure 3 FIGURE 1 - PRELIMINARY DECISIONS 254 Occupational Safety a&ealth Admin., Labor • 5ubpt. P, App. F Slepine =elected as the method of protection Will soil classification be made in accordance with j1926.652 (b)? Excavation must -comply --with... Excavations must comply one of the following three withf1926.652 (b)'1) which options: requires a slope of 1kH:IV (341). Option 1: 1926.652 (b)(2) which requires Appendices A and 3 to be followed Option 2: ,1926.652 (b)(3) which requires other tabulated data isee definition) to be followed. Option 3: 1926.652 (b)(4) which. requires the excavation to be designed by a registered professional engineer. FIGURE 2.- SLOPING OPTIONS 255 Subpf. P, App. F • 29 C•Ch. XVI1 (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 256 City of Fayetteville, Arkansas Budget Adjustment Form 111 1 + Y.kr _M 1 Budget Year hepattmwt: Public Works 2002 Division: Engineering Program: Water & Sewer Capital Project or Item Requested: $236,498 in the 1-540 Sewer Main Replacement capital project. Justification of this Increase: The funding is needed to perform some emergency sanitary sewer maintenance to the lines at Highway 1-540. Account Name Water Line Improvements Approvai signatures Adjustment U 02/19/2002 Project or Item Deleted: $236,498 from the Mt. Sequoyah Water/Sewer capital project. Justification of this Decrease: Due to the Health and safety problems that the 1-540 project contains, the Mt. Sequoyah project is a lessor priority. Increase Expense (Decrease Revenue) Amount Account Number Project Number 236,498 5400 5700 5817 00 02040 20 Decrease Expense (Increase Revenue) Amount Account Number Project Number 236,498 5400 5600 5808 00 01023 20 Date - 13-oy Date o3-l�f-flZ IMayor Date Budget Office Use Only Type: A B C (j) Date of Approval • \ -\ 1 • \ 1 1 1 \ 1 '1 Entered in Category Log E Blue Copy: Budget & Research / Yellow Copy: Requester • fl 1• 1• A RESOL1UTION TC FAYETIj TREE AN $205,65 .40 WITH A AMO OF)30,& AND T (/ PROVE AMOUNT1 F $236,4 BE IT RESCLVED BY TIC FAYEII VILLE, ARKANSAS: Section 1. at the City C hereby approves 4 negotiated co for emergency re airs to replace under I-540 in thi amount of $20 amount of $30,847.60 and author Section 2. That the City Co hereby approves a budget adjustr amount of $236,4$8.00 to pay for 1 the sewer main. PASSED and APPROVED ATTEST: APPROVE A CO ) TRENCH IN Ti l5% PROJECT CO 7:60 FOR A TOTA . BUDGET ADJU )8.00 CITY COUNCIL AMOUNT F TINGENCt OF $236,494.00 CMENT IN tHE )F THE CITY OF :i1 of the City of Fa ct with Fayette Tre existing sanitary s( 0.40 with a project the mayor to exec _il of the City of Fa it (attached as Exh emergency repair the 19th day of !ttevilleJArkansas and Trebch, Inc. per maim crossing said eville,' Arkansas A) in �he I revlacement of ; DRAFT By: By: Heather Woodruff, City Clerk DAN COODY, Mayor City of Fayetteville, Arkansas • Budget Adjustment Form Budget Year Department: Public Works 2002 Division: Engineering Program: Water & Sewer Capital Project or Item Requested: $236,498 in the 1-540 Sewer Main Replacement capital project. Justification of this Increase: The funding is needed to perform some emergency sanitary sewer maintenance to the lines at Highway 1-540. Date Requested I Adjustment d 02/19/2002 Project or Item Deleted: $236,498 from the Mt. Sequoyah Water/Sewer capital project. Justification of this Decrease: Due to the Health and safety problems that the 1-540 project contains, the Mt. Sequoyah project is a lessor priority. Increase Expense (Decrease Revenue) Account Name Amount Account Number Project Number Sewer Improvements 236,498 5400 5700 5817 00 02040 20 Decrease Expense (Increase Revenue) Account Name Amount _ Account Number • Water Line Improvements 236498__-. 5400 5600 5808 ltptit V V at JI5JJatU1 CJ Requested By Date AacLLD B dget Manager Date Department Director Admin. Services Director Date Date Project Number 00 01023 20 Budget Office Use Only Type: A B C v' E - Date of Approval Posted to General Ledger Posted to Project Accounting — __ Mayor Date I Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester FAYETTEV&LE � THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 En2ineerin2 Division To: Fayetteville City Council Thru: Dan Coody, Mayor Greg Boettcher, Public Works Director Jim Beavers, City Engineer From: Trevor Bowman, Staff Engineer Date: March 1, 2002 Re: City Council Meeting March 19, 2002 Sanitary sewer main replacement and repairs, 1-540 crossing: The existing sanitary sewer crossing located under 1-540 north of Highway 62 (6th Street) and South of Highway 16 West (Wedington Drive) has deteriorated to the extent that a new crossing must be installed. (Please refer to enclose vicinity map). This crossing carries the waste from the Porter Road pump station and a significant portion of the wes side of Fayetteville. The existing sanitary sewer crossing consists of 20 inch ductile iron carrier pipe and 36 inch corrugated metal encasement pipe. The crossing was originally installed in 1973 and extended east in 1980. The effects of hydrogen sulfide gas have deteriorated both the carrier pipe (ductile iron) and the encasement (corrugated metal culvert). The City experienced failures of the pipe on December 28 and January 15. Short-term, temporary repairs have been installed by the Water/Sewer maintenance Division. At the time of the two failures, it was reported that a section of carrier pipe no longer existed and that the top of the encasement pipe, west of the pavement, had failed. The existing carrier pipe and encasement pipe and proposed solutions have been reviewed by the Water/Sewer Maintenance Division, City Engineering, and the Public Works Director. Alternatives have been reviewed including In situ repair: An in situ repair (form in -place or slip line) cannot be performed due to the poor conditions of the existing carrier pipe. Replacement within same encasement: The existing carrier pipe cannot be pulled from the existing bore due to poor conditions of both the ductile iron and the corrugated metal pipes. Additionally, the infill and the use of corrugated metal instead of today's standard of smooth encasement pipe encumber the removal of the carrier pipe. Bore in place: The bore cannot economically be placed in the same location due to problems of attempting to bore th the remaining ductile iron pipe and corrugated metal encasement. Extending the sewer line south to the existing crossing: The existing crossing located at 6ih Street (Highway 62) is a inch diameter crossing which carne• City of Farmington. In addition to :_tew pipe required to reach this area same, or larger, bore and replacement would be required. Please refer to the enclosed map. Requested contract. The selected alternative, as designed in-house, provides for: a. New 30 inch diameter bore, smooth steel encasement, new 18 inch diameter PVC sanitary sewer located approximately 15 feet north of the existing crossing. Expose the existing pipe between traffic lanes and pressure grout the existing encasement with flowable fill to protect the highway from future settlement. This will require specialized construction which cannot be performed with in-house construction crews. Budget: The emergency replacement is unbudgeted. Staff requests a budget adjustment of $236,498.00 to be taken from project number 01023, Mount Sequoyah Water/Sewer replacements, current budget $2,400,000.00. The budget adjustment will cover the construction costs ($205,738 and a 15% contingency for engineering design, drafting and inspection (in-house, $5000 approximate), permits and any necessary field changes. Staff requests that the City Council approve: Approval a resolution awarding the construction contract to the qualified low bidder based upon the results of the March 11, 2002 construction contract bid opening, the determination and acceptance of any bid deductive alternates and further subject to approval of the construction bids/contract by the Arkansas Highway and Transportation Department. Approval of a 15% project contingency in the amount of $ 30,848.00 to cover administrative costs including engineering and inspection, permits and any necessary field changes. Approval of a budget adjustment in the amount of 5236,498.00. Enclosures: I. Budget Adjustment 2. Vicinity Map .�yy Jx!^J+�•3•JfJi9L�[^ Rcr� "�'f PiV^•l3. •�a•_.� i�.IT'•4�� vll'+.'.i �Y l�J wzi" YY � 3+V C... V _ 4 C _ ((tf r. f1AzjI CCC a i 6lflJJ�i � x < i a 4 by �le a- $1t2! P II ® < � lElgirl 5 < F n C _ �'' _I �r sr u�.1I W 197M I 62 C 1 W 1 tLI FAYETTEVfLE THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Engineering Division To: Fayetteville City Council Thru: Dan Coody, Mayor Greg Boettcher, Public Works Director Jim Beavers, City Engineer From: Trevor Bowman, Staff Engineer Date: March 1, 2002 Re: City Council Meeting March 19, 2002 Sanitary sewer main replacement and repairs, 1-540 crossing: Bids were received on this item low bidder is 4-D Construction previously submitted to the Council on March 11, with a bid of $182,520.00. Please find attached 2002. a signed The resulting qualified copy of the contract and specification documents for the project. FAYETTEVtLE 0 THE CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain St. Fayetteville, AR 72701 Engineerine Division To: Fayetteville City Council Thru: Dan Coody, Mayor Greg Boettcher, Public Works Director Jim Beavers, City Engineer From: Trevor Bowman, Staff Engineer Date: March 1, 2002 Re: City Council Meeting March 19, 2002 Sanitary sewer main replacement and repairs, 1-540 crossing: Bids were received on this item previously submitted to the Council on March 11, 2002. The resulting qualified low bidder is 4-D Construction with a bid of $182,520.00. Please find attached a signed copy of the contract and specification documents for the project. STAFF REVIEW FORM x AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 19, 2002 FROM: Trevor Bowman Engineering Public Works Name Division Department ACTION REQUIRED: 1. Approval of a resolution awarding the construction contract to 4-D Construction in the amount of $182,520, the determination and acceptance of any bid deductive alternates and further subject to approval of the construction bids/contract by the Arkansas Highway and Transportation Department. 2. Approval of a project contingency in the amount of. $53, 978.00 cover administrative costs including engineering and inspection, permits and any necessary field changes, - 3. Approval of a budget adjustment in the amount of 5236,498.00. COST TO CITY: 5236,498.00 $ 0** Sanitary Sewer Replacement Cost of this Request Category/Project Budget Category/Project Name Sc -SI0_StIsi $ 0 ccount um r Funds Used o Date Program Name O2O4O-OO2O $ IJdin a)4 Project Number DiningBalance Fund ** Budget adjustment to be attached. Source of Funds - Mt. Sequoyah Water/Sewer, Project 01023. BUDGET REVIEW: _ Budgeted Item x Budget Adjustment Attached CONTRACT REVIEW: Purchasing Officer Date STAFF RECOMMENDATION: Budget Manager Administrative Services Director 03-11f vZ GRANTING AGENCY: ADA Coordinator Date Grant Coordinator Date Cross Reference New Item: Yes x No_ Prev Ord/Res N: Ong Contract Date:_ Orig Contract No: _ CUO DVS111 • STAFF REVIEW FORM • Description 1-540 Sanitary Sewer Replacement (Crossing) Meeting Date March 19, 2002 Comments: Budget Manager Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Grant Coordinator Reference Comments: I STAFF REVIEW FORM x AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 19, 2002 FROM: Trevor Bowman Engineering Public Works Name Division Department ACTION REQUIRED: I. Approval a resolution awarding the construction contract to the qualified low bidder based upon the results of the March 11, 2002 construction contract bid opening, the determination and acceptance of any bid deductive alternates and further subject to approval of the construction bids/contract by the Arkansas Highway and Transportation Department. 2. Approval ofa 15% project contingency in the amount of $ 30,848.00 to cover administrative costs including engineering and inspection, permits and any necessary field changes. 3. Approval of a budget adjustment in the amount of $236,498.00. COST TO CITY: $ To be determined "` $ Sanitary Sewer Re lacement Cost of this Request Category/Project Budget Category/Project Name 5400-5600-5800.00 $ 0 Account Number Funds Used To Date Program Name 02040-0020 $ Project Number Remaining as anc6� Fund •• Budget adjustment to he attached. Source of Funds - Mt. Sequoyah Water/Sewer, Project 01023. BUDGET REVIEW: ____ Budgeted Item x Budget Adjustment Attached Vf61__� ��+��r.�y Budget Manager '�'T �t_oy you oK ,,yw�ldl,Q A ministratrve Services Director CONE ACT/GRANT/LEASE REVIEW: Accounting Manager ate City1 Attorney Date s Purchasing Officer Date STAFF RECOMMENDATION: ADDroval .CIDAY�P�' 1� GRANTING AGENCY: I cUi' -1621 S?=- Internal Auditor Date ADA Coordinator Date Grant Coordinator Date Cross Reference New Item: Yes x No_ Prev Ord/Res #: Ong Contract Date:_ Ong Contract No: _ • STAFF REVIEW FORM • Description 1-540 Sanitary Sewer Replacement (Crossing) Meeting Date March 19. 2002 Comments: Reference Comments: Budget Manager Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Grant Coordinator C STAFF REVIEW FORM x AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 19.2002 FROM: Trevor Bowman Engineering Public Works Name Division Department ACTION REQUIRED: 1. Approval of a resolution awarding the construction contract to 4-D Construction in the amount of S 182,520, the determination and acceptance of any bid deductive alternates and further subject to approval of the construction bids/contract by the Arkansas Highway and Transportation Department. 2. Approval of a 15% project contingency in the amount of $ 27,278.00 to cover administrative costs including engineering and inspection, permits and any necessary field changes. 3. Approval of a budget adjustment in the amount of $236,498.00. COST TO CITY: $ 182.520 Cost of this Request 5400-5600-5800.00 Account Number 02040-0020 ]�rojecc�Number Category/Project Budget $ 0 Funds Used To ante — :1,ykIIiIIiT•7:Y1 knrilq Sanitary Sewer Replacement Category/Project Name .7 Fund •• Budget adjustment to be attached. Source of Funds - Mt. Sequoyah Water/Sewer, Project 01023. BUDGET REVIEW: _ Budgeted Item x Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: Accounting Manager Date City Attorney Date Purch2c1ng Officer Date STAFF RECOMMENDATION: Approval Budget Manager Adnunistrative Services Director GRANTING AGENCY: Internal u nor Date ADA Coordinator Date rant Coordinator Date Division Head Date Cross Reference New Item: Yesx No Department Director Date Prev Ord/Res #: Administrative Services Director Date Orig Contract Date:_ Orig Contract No: [1 • tK'a ter 9:lS 3/is 'lflq Is OP 77 • STAFF REVIEW FORM • Description 1-540 Sanitary Sewer Replacement (Crossing) Meeting Date March 19.2002 Comments: Budget Manager Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Grant Coordinator Reference Comments: FAYETTEVItLE THE CITY OF FAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Trevor Bowman, Engineering Division From: Heather Woodruff, City Clerk Date: March 21, 2002 Please find attached a copy of Resolution No. 44-02 awarding the construction contract to the lowest qualified bidder, 4-D Construction, Inc. for the sanitary sewer main replacement and repair at the 1-540 crossing. The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Audit Peggy Vice, Purchasing Jim Beavers, City Engineer Note: On March 21, 2002 Sid Norbash took the one original contract and will return with five (5) originals for signatures. • /Ifs /y -d& AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW STAFF REVIEW FORM C 1 IVSA Jar �YaJi.4''.LY For the Fayetteville City Council meeting of Mayor's signature only FROM: Sid Norbash. Engineering Public Works Name Division Department ACTION REQUIRED: Approval of: Change Order #1 to the Construction Contract with 4-D Construction Co. for I- 540 Sanitary Sewer Crossing Replacement Project, a decrease in the amount of $24,600.00. COST TO CITY: -S24.600.00(Reduction) $236..498 I-540 Sewer Crossing Repmt. Cost of this Request Category/Project Budget Category/Project Name 5400-5700-5815-00 Account Number 02040-0020 Project Number S182.520 Capital Water Mains Funds Used To Date Program Name $53.978 Water and Sewer Remaining Balance Fund x Budgeted Item Budget Adjustment Attached Administrative Services Director C O N TRA CT/GRANT/LEASE REVIEW: A cc ounting Manager J City At orne /O/7/02 - Date ADA Coordinator Date /dam to -1/DJ— /Dalte Intern Auditor Date �fla- Purchasing Officer Date STAFF RECOMMENDATION: Approval of the change order. r' New Item: Yes_ NoS Depaarr menttDDirector Date Prev Ord/Res *: 44-02 Admin trative Services Director Date Orig Contract Date: 3-19-2002 / Orig Contract #832 Ma or ate • Staff Review Form Description/ Meeting DateMayor's AMroval Only Project Name: I-540 Sewer Crossing Comments: Budget Director Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor Reference Comments: EAYETTEVILtE THE CITY OF EAYETTEVILLE. ARKANSAS DEPARTMENTAL CORRESPONDE To: Dan Coody, Mayor Thru: Greg Boettcher, PWD Jim Beavers, City EngineerP0 From: Sid Norbash, Staff Engineer Date: October 4, 2002 Re: I-540 Sanitary Sewer Crossing Change Order #1 to the construction Contract Attached please find for your approval, Change Order #1 to the above referenced contract. This is a reduction to this contract in the amount of $24,600.00. For details please refer to the attached Change Order Document. SN/sn Attachments: Copy of the Change Order #1 Oct 01 02 04:34p • p.2 10/01/2002 16:18 a79 -575-8W2 ENGINEERING C.O.F. PAGE 02 City of Fayetteville Change Order al Project Title 1-544) Sewer Replacement (Hwy Crossing) Project t r•1 • • • • •changes . n . • •pd ,T4,3,i contract• • 'I t Deduct: $30,000.00 from the original coat of this contract to reimburse the City of Fayetteville for future maintenance cosh, due to the modifications and variations to the encasement pipe and the carrier pipes from the original approved plans. Deduct 2 each Cast -in -place Sanitary Sewer Manholes (4' dia) @ $2,250 ea. for a total of $4,500.00 Add: 2 each Cast -in -Place Sanitary Sewer Manholes (6' dia) @ 54,950 ea. For a total of $9,900.00 Justification: These manholes are going to be constructed over an existing 21" diameter pipe, which makes the transition very challenging. The Contractor 4- D Construction has offered to construct 6' diameter manholes in place of 4' diameter at the extra cost of $2,700 per manhole. After further review of the contractor's proposal, the Staff agrees that the larger manholes will allow a better flow of sewage, therefore, less maintenance problems. Especially since the price given by the contractor is very reasonable for manholes with 6 diameter and extra depth. CHANGE TO CONTRACT PRICE Original Contract Price: S_182520.00 Current contract price, as adjusted by previous change orders: $_J 82320.00 The contract price due to this change order will be deceased by $ 24.600.00 The new contract price due to this change order will be $_157.92000 CHANGE TO CONTRACT TIME The contract time will be 65 calendar days, from the time the City issues the notice to proceed. The date for completion of all work under the contract will be set by the date to the notice. Approvals Required: To be effective, this change order must be approved by the Owner if it changes the scope or objective of the project, or as may otherwise be required under the terms of the Supplementary General Conditions of the Contact Requested by Contractors Approval by City of Fayetteville's Approval by Date D1 Date / —/ --L' Date n r FAYETTEVI LIE THE CITY OF EAYE"EVILEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sid Norbash, Engineering From: Heather Woodruff, City Clerk Date: October 15, 2002 Attached is a copy of the completed staff review form and signed change order with 4-D Construction. The original will be microfilmed and filed with the City Clerk. Cc: Nancy Smith, Internal Auditor