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Home My WebLink About192-03 RESOLUTION• RESOLUTION NO. 192-03 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH JERRY D. SWEETSER, INC. IN THE AMOUNT OF 5397,868 25 FOR THE CONSTRUCTION OF BROYLES ROAD FROM WEDINGTON DRIVE TO PERSIMMON PLACE SUBDIVISION; APPROVING A 15% PROJECT CONTINGENCY IN THE AMOUNT OF $59,680.75; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $457,549.00 FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas, hereby approves a construction contract with Jerry D. Sweetser, Inc. in the amount of 5397,868.25 for the construction of Broyles Road from Wedington Drive to Persimmon Place Subdivision. Section 2. That the City Council of Fayetteville, Arkansas, hereby approves a 15% project contingency in the amount of $59,680.75. Section 3. That the City Council of Fayetteville, Arkansas, hereby approves a budget adjustment in the amount of $457,549.00 for same. PASSED and APPROVED this 16th day of December, 2003. ~•.S ,, i PY E rEi,/APPROVE off\ . i/ �, �� `.fir • 161 VA17;EST: By: SONDRA SMITH, City Clerk By: DAN COODY, Mayor/ 9( • City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2003 Department Division: Program: Community Planning & Engineering Engineering Sales Tax Capital Improvements Date Requested 12/16/2003 Adjustment Number Project or Item Requested: $457,549 is needed in the Broyles Road Extension capital project. Project or Item Deleted: $457,549 from the Gregg Avenue - Highway 71 to Mud Creek Bridge capital project. Justification of this Increase: The funding is needed for the extension of Broyles Road • north to Wedington Drive to be used as an access road to the new WWTP Plant. Justification of this Decrease: Due to lower than expected bids, there is sufficient funding remaining in this project to meet objectives. Increase Budget (Decrease Revenue) Account Name Account Number Amount Project Number Street improvements 4470 9470 5809 00 457,549 03026 1 Account Name Street improvements Decrease Budget (Increase Revenue) Account Number 4470 9470 Amount Project Number 5809 00 457,549 03006 1 Approval Signatures udget Manager Department Director Date //-Z1(-°3 Date Date Finance & Internal S ccs Director Date Mayor ate Type: Budget Office Use Only A 8 C E Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Date Initial Date Initial Date Mayor: Department Director Purchasing Manager: Finance d Internal Services Director. Budget Manager: IT Manager Dispatch Manager. Utilities Manager: Other CO m v N Ui a (J 0 — N 3 Requester... - _ . ..:n.-..,,.. _ sw. Ron Petrie City: Fayetteville Address: 590 West Poplar Street Vendor 70670 City Of Fayetteville (Nd a awns Order) 0) a OO O 2 ± 0 3 a 2 Construction Contract tor Broyles Road from . Wedington Drive to the Persimmon Place Subdivision R 0 'D 3 r N 2 0 = ,Z 3 3 0a o Z 3 a t 3' • co E *.' 1 0'C Lot • r CO. (Unit of Issue D w • d to -. 0 co M C— CA 'Unit Cost O S 0 o 0 o 0 S 0 S 50.00 0 o o S'"m' 50.00 50.00 N u tO -� • ' N. 'Extended Cost 4470.9470.5809.00 Account Numbers ri .Requesters Employee #:' 1461 Zip Code: 72701 T O 0. -U 0 3 _1' . .' 9 1. :)%g? 4. ID O.m 01026.2 V Extension: 418 rAas/— < ti 0 % I 3I D Z O Ix I « N d Z 0 IX -co C C 3 c 0 Requisition No.: 0 c c cr '0 0 0 a a 5 o R a Quotes Attached Ves: No:_x [Expected Uelrvery Uate: ASAP - a d N O u e u 'Fixed Asset # City Council Meeting of December 16, 2003 CITY COUNCIL AGENDA MEMO I o: Mayor and City Council Thru: Hugh Earnest, Chief Administrative Officer From: Tim Conklin, Community Planning and Engineering Services Director Date: November 22, 2003 Subject: 1. Approval of a resolution awarding the construction contract in the amount of 5397,868.25 with Jerry D. Swcetscr, Inc. for the construction of Broyles Road from Wcdington Drive to the Persimmon Place Subdivision 2. Approval of a project contingency in the amount of $59,680.75 (15%) for project needs including material testing, street light installation by Ozarks Electric, in-house inspection & management, and variations in final quantities. 3. Approval of the attached budget adjustment. RECOMMENDATION Staff recommends approval of the resolution awarding the contract to Jerry D. Swcetscr, Inc. in the amount of 5397,868.25, the project contingency, and the budget adjustment. BACKGROUND On February 4, 2003 the City Council passed Resolution No. 22-03 which states that the City Council "...hereby expresses its intent to extend Broyles Road north to Wedington Drive to provide right-of-way for 48 -inch sewer force mains and access to the site of the new wastewater plant." The developer's of the Persimmon Place Subdivision are currently constructing Broyles Road through their subdivision. The remaining portion of Broyles Road, measuring approximately 1,350 feet, was designed in-house and will complete the extension to Wedington Drive. The extension of Broyles Road will also provide traffic relief for the existing residents on 46th Street. At the present, 46th Street is a narrow road approximately 20 feet in width with open ditchs on both sides of the road. The additional traffic expected from the Persimmon Place Subdivision and future developments in the area will be able to utilize Broyles Road. In addition, this extension will provide a major north -south connection from Highway 62 to Wedington Drive in the future. DISCUSSION The contract bids were opened on November 21, 2003. The project engineer has reviewed the bids and recommends awarding the contract to the low bidder, Jerry D. Swcetscr, Incorporated, in the amount of 5397, 868.25 (see the attached bid tabulation 1 City Council Meeting of December 16, 2003 sheet). The estimated total project costs including the project contingency for unforeseen project expenditures are as follows: Contractor Bid Amount Street Light Installation by Ozarks Electric Materials Testing In-house Management & Inspection Remainder of 15% Contingency TOTAL BUDGET IMPACT $ 397,868.25 $ 12,500.00 $ 5,000.00 $ 15,000.00 S 27,180.75 $ 457,549.00 Because of the fact that this project was not included in the 2003 Capital Improvement Program, a budget adjustment for this 5457,549.00 expenditure will be necessary for the extension of Broyles Road. The money for this budget adjustment will be moved from the Gregg Avenue — Highway 71 to Mud Creek Bridge account which has funds remaining due to a lower than expected construction bid. 2 • • RESOLUTION NO. A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH JERRY D. SWEETSER, INC. IN THE AMOUNT OF $397,868 25 FOR THE CONSTRUCTION OF BROYLES ROAD FROM WEDINGTON DRIVE TO PERSIMMON PLACE SUBDIVISION; APPROVING A 15% PROJECT CONTINGENCY IN THE AMOUNT OF $59,680.75; AND APPROVING A BUDGET ADJUSTMENT IN THE AMOUNT OF $457,549.00 FOR SAME. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of Fayetteville, Arkansas, hereby approves a construction contract with Jerry D. Sweetser, Inc. in the amount of $397,868 25 for the construction of Broyles Road from Wedington Drive to Persimmon Place Subdivision. Section 2. That the City Council of Fayetteville, Arkansas, hereby approves a 15% project contingency in the amount of $59,680.75. ed Section 3. That the City Council of Fayetteville, Arkan lI h reby approves a budget adjustment in the amount of $457,546 sar �! PASSED and APPROVED this 16th day of December, 2003. r /APPROVED: t/`By: \ 1 ate. S®ND A"MUM, City Clerk DAAN.000DY, Mayor • • Section 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND JERRY D. SWEETSER, INC. THIS AGREEMENT is dated as of the day.of in the year 2004 by and between the City of Fayetteville, Arkansas and JERRY D. SWEETSER, INCORPORATED. The CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of construction of approximately 1,320 L.F. of 28' wide street with curb & gutter and associated earthwork, below ground storm sewer, drainage structures, approximately 1,400 L.F. of 12" waterline and all items indicated in the Drawings and Specifications. Article 2. ENGINEER. The Project has been designed by City of Fayetteville Engineering Division 113 W. Mountain Street Fayetteville, Arkansas 72701 who is hereinafter called ENGINEERING DIVISION and who is to act as the CITY OF FAYE I 1 EVILLE'S representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work shall be substantially completed within 180 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.B & C of the General Conditions within 210 consecutive calendar days after the date when the Contract Time commences to run. 3.2. Liquidated Damages. The CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. recognize that time is of the essence of the Agreement and that the CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by the CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, the CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. agree that as liquidated damages for delay (but not as a penalty) JERRY D. SWEETSER, INC. shall pay the CITY OF FAYETTEVILLE Two hundred fifty dollars ($250.00) for Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00500-1 • • each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially that. After Substantial Completion, if JERRY D. SWEETSER, INC. shall neglect, refuse or fail to cornplete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by the CITY OF FAYETTEVILLE, JERRY D. SWEETSER, INC. shall pay the CITY OF FAYETTEVILLE Two hundred fifty dollars jS250.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. The CITY OF FAYETTEVILLE shall pay JERRY D. SWEETSER, INC. for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. BROYLES ROAD EXTENSION PAY ITEMS Broyles Road Extension City of Fayetteville Engineering Division October 20, 2003 Page 00500-2 Unit Estimated Quantity Item No. Item Description Unit Price Extended Price 1 Mobilization LS 1 55,000.00 55,000.00 2 Construction Staking LS 1 56.800.00 56,800.00 3 Excavation Safety LS 1 52,500.00 52,500.00 4 Clearing & Grubbing LS 1 512,000.00 512,000.00 5 Sawcut (Asphalt) LF 170 52.00 5340.00 6 24" Bore LF 70 5160.00 511,200.00 7 8" x 8" Tap w/ valve LS 1 52,500.00 52,500.00 8 Fire Hydrant Assembly EA 2 52,000.00 54,000.00 9 Ductile Iron Fittings LB 500 54.50 52,250.00 10 12" PVC C900 (DR -14) Waterline LF 1,372 538.00 552,136.00 I 1 24" Steel Encasement LF 20 560.00 51,200.00 12 Unclassified Excavation CY 6,460 56.50 541,990.00 13 Compacted Embankment — Select Hillside Material (Borrow) CY 3,425 58.00 527,400.00 14 Undercut & Backfill CY 1,600 512.50 520,000.00 15 Six-inch Aggregate Street Base Course (Class 7) SY 4,845 54.80 523,256.00 16 Concrcte Curb and Gutter LF 2,620 59.50 524,890.00 17 Two-inch ACHM Surface Course (Class 2) SY 3,972 55.00 519,860.00 Broyles Road Extension City of Fayetteville Engineering Division October 20, 2003 Page 00500-2 18 Four -inch ACH M Surface Course (Class 2) SY 3,972 55.00 519,860.00 19 Aggregate Base (Class 7) Tons 300 514.00 54,200.00 20 18 -inch Reinforced Concrete Pipe (RCP) LF 345 536.00. 512,420.00 21 24 -inch Reinforced Concrete Pipe (RCP) LF 350 551.50 518,025.00 22 4 Ft x 4 Ft Type 'C' Drop Inlet EA 4 S1,900.00 57,600.00 23 5 Ft x 5Ft Type 'C' Drop Inlet EA 2 52,500.00 55,000.00 24 Drop Inlet Extcnsion (8 Ft) EA 6 51,000.00 56,000.00 25 Concrete Sidewalk (4") SY 865 532.00 527,680.00 26 Barb Wire Fence (5 -Strand) LF 1 287 54.25 55,469.75 AC 1.85 52,500.00 54 625 00 27 Seeding and Mulching 28 Imponed Top Soil CY 995 512.00 511,940.00 29 Sign (R3 -7R) EA 1 5210.00 5210.00 30 Double 4" Yellow Line Pavement Markings (Thermoplastic) LF 1,270 50.85 SI,079.50 31 6" White Line Pavement Markings (Thermoplastic) LF 145 52.10 530450 32 18" White Pavement Markings (Thermoplastic) LF 112 59.50 51,064.00 33 24" White Pavement Markings (Thermoplastic) I,F 22 511.75 5258.50 34 White Pavement Marking Arrows (Thermoplastic) EA 4 5315.00 51,260.00 35 Silt Fence (E-3) LF 600 56.00 53,600.00 36 Straw Bale (E -I) EA 120 510.00 51,200.00 37 Rock Excavation CY 50 5175.00 58,750.00 TOTAL CONSTRUCTION COST 5397,868.25 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by the ENGINEERING DIVISION as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General Conditions. Article 5. PAYMENT PROCEDURES JERRY D. SWEETSER, INC. shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by the ENGINEERING DIVISION as provided in the General Conditions. 5.1. Progress Payments. The CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis ofJERRY D. SWEETSER, INC.'S Applications for Payment as recommended by the ENGINEERING DIVISION, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00500-3 • • percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as the ENGINEERING DIVISION shall determine, or the CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the ENGINEERING DIVISION, and if the character and progress of the Work have been satisfactory to the CITY OF FAYETTEVILLE and the ENGINEERING DIVISION, the CITY OF FAYETTEVILLE, on recommendation of the ENGINEERING DIVISION, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to the CITY OF FAYETTEVILLE as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to JERRY D. SWEETSER, INC. to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as the ENGINEERING DIVISION shall determine, or the CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.022.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.B & C of the General Conditions, the CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by the ENGINEERING DIVISION as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce the CITY OF FAYETTEVILLE to enter into this Agreement JERRY D. SWEETSER, INC. makes the following representations: 6.1. JERRY D. SWEETSER, INC. has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. JERRY D. SWEETSER, INC. has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. JERRY 11 SWEETS ER, INC. is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. JERRY D. SWEETSER, INC. has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00500-4 • or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. JERRY D. SWEETSER, INC. accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which JERRY D. SWEETSER, INC. is entitled to rely as provided in paragraph 4.02 of the General Conditions. JERRY D. SWEETSER, INC. acknowledges that such reports and drawings are not Contract Documents and may not be complete for JERRY D. SWEETSER, INC. purposes. JERRY D. SWEETSER, INC. acknowledges that the CITY OF FAYETTEVILLE and the ENGINEERING DIVISION do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. JERRY D. SWEETSER, INC. has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by JERRY D. SWEETSER, INC. and safety precautions and programs incident thereto. JERRY D. SWEETSER, INC. does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. JERRY D. SWEETSER, INC. is aware of the general nature of work to be performed by the CITY OF FAYETTEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. JERRY D. SWEETSER, INC. has correlated the information known to JERRY D. SWEETSER, INC., information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. JERRY D. SWEETSER, INC. has given the ENGINEERING DIVISION written notice of all conflicts, errors, ambiguities, or discrepancies that JERRY D. SWEETSER, INC. has discovered in the Contract Documents and the written resolution thereof by the ENGINEERING DIVISION is acceptable to JERRY D. SWEETSER, INC. and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 8, inclusive). 7.2. Performance and Payment Bonds, (Exhibits A and B respectively). 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by JERRY D. SWEETSER, INC. prior to signing Agreement. Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00500-5 • • 7.5. General Conditions (pages 1 to 42, inclusive). 7.6. Supplementary Conditions (pages 1 to 13 inclusive). 7.9. Specifications consisting of Divisions 1 through 3 as listed in table of contents thereof. 7.10. Addenda numbers 0 to 0 inclusive. 7.11. One sets of drawings (not attached hereto) consisting of a cover sheet and additional sheets numbered 1 through 16 with each sheet bearing the following general title: Broyles Road Ertension 7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.12.1. Notice to Proceed 7.12.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. The CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00500-6 • • Regulation sha 1l be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. CITY OF FAYETTEVILLE contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act: If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-10I et. Seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7. This contract must be interpreted under Arkansas Law. IN WITNESS WHEREOF, the CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. have signed this Agreement in quadruplicate. One counterpart each has been delivered to the CITY OF FAYETTEVILLE and the ENGINEERING DIVISION, and two counterparts have been delivered to JERRY D. SWEETSER. All portions of the Contract Documents have been signed, initialed, or identified by the CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. or identified by the ENGINEERING DIVISION on their behalf. This Agreement will be effective on , 200 (which is the Effective Date of the Agreement). OWNER: City of Fayetteville CONTRACTOR: Jerry D. Sweetser, Inc. By: By: Mayor Dan Coody Title [CORPORATE SEAL] [CORPORATE SEAL] Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00500-7 • • Attest * Attest • If a Corporation, attest by the Secretary. Address for giving notices Address for giving notices (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign) Broyles Road Extension October 20, 2003 Page 00500-8 City of Fayetteville Engineering Division f Gs 1 C! 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Approval of a resolution awarding the construction contract in the amount of $397,868.25 with Jerry D. Sweetser, Inc. for the construction of Broyles Road from Wedington Drive to the Persimmon Place Subdivision. 2. Approval of a project contingency in the amount of $59,680.75 (15%) for street light installation, materials testing, in-house management and inspection, and variations in final quantities. 3. Approval of the attached budget adjustment. COST TO CITY: $457,549.00 S 78,400.00 Broyles Road Extension Impvs Cost of this request 4470.9470.5809.00 Account Number Category/Project Budget Program Category / Project Name S 48,174.00 Street Improvements Funds Used to Date Program / Project Category Name 03026.20 S 30,226.00 Sales Tax Project Number Remaining Balance Fund Name BUDGET REVIEW: X Budgeted Item X Budget Adjustment Attached Budget Manager 11Da Y- 4) CONTRACT/GRANT/LEASE REVIEW: 4114-A 70-4-Jejaci ccounting Manager City Att%irney //!25/03 Date ttl z51u3 Date au 14 Internal ALditor /l /V 1115/03 Date Purchasing Manager Date STAFFCOMMENDAT tall recommends approval of resolution, project contingency and budget adjust n 3 .�p�s ` /, of Received in Mayor's Office Date Divis on Head Di D p ment rte. Director Finance 4 Internal Services Dir. Ch{ef 9�ininist ive Offic-r Mayor D to a - area Cross Reference: Date Previous Ord/Res#: 12-3jO.3 Date Orig. Contract Date: / Date G Date Orig. Contract Number: New Item: Yes No Clarice Pearman - Sweetser contract a _ __ Page 1 From: Clarice Pearman To: Petrie, Ron Date: 12/17/03 5:19PM Subject: Sweetser contract Ron, please get an original signed contract to me for the mayor's signature and to attach to the resolution passed by the City Council December 16, 2003. I will need the contract before I can complete the resolution processing. Thanks. Clarice x309 Clarice Pearman - Re: Sweetser contract Page 1 From: Ron Petrie To: Pearman, Clarice Date: 12/18/03 8:19AM Subject: Re: Sweetser contract I need to get Sweetser to get together his bonds and insurance papers before I can put together those contracts. I will get them to you, but it may take a few weeks. »> Clarice Pearman 12/17/03 05:19PM »> Ron, please get an original signed contract to me for the mayor's signature and to attach to the resolution passed by the City Council December 16, 2003. I will need the contract before I can complete the resolution processing. Thanks. Clarice x309 Clarice Pearman - Re: Budget Adjustme Broyles Road Page 11 From: Clarice Pearman To: Springer, Kevin Date: 1/6/04 11:11 AM Subject: Re: Budget Adjustment - Broyles Road I don't have anything signed until I have a contract. If you want to get the mayor's signature and make me a copy that would be okay with me. I just need a copy to go with the resolution. Thanks. x309 Clarice Pearman - Budget Adjustment - es Road Page 1 From: Kevin Springer To: Pearman, Clarice Date: 1/6/04 10:45AM Subject: Budget Adjustment - Broyles Road Can you go ahead and give me the signed copy of the Budget Adjustment for Broyles Road? Even though we don't have a signed contract, the City Council approved the Budget Adjustment and we need to get it posted into the system so that we can move forward the funding into 2004. Thanks, Kevin Kevin Springer Budget Manager City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8226 (479) 575-8225 - Fax kspringer@ci.fayetteville.ar.us Clarice Pearman - Sweetser contract a Page 1 From: Clarice Pearman To: Petrie, Ron Date: 1/6/04 10:49AM Subject: Sweetser contract This is a reminder regarding the resolution passed by the City Council on December 16, 2003. Please get these to me as soon as possible. Budget and Research have been up here asking about the budget adjustment. The resolution and other papers are not signed until the contract has received. Please get this to me as soon as possible to close out these 2003 item. Thanks. Clarice Pearman x309 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Project Manual MICROFILMED FAYETTEVILLE CITY OF FAYETTEVILLE ARKANSAS Broyles Road Extension Street & Drainage Improvements BID # 03-65 NOVEMBER 2003 SET No J. Section 00020 ADVERTISEMENT FOR BIDS BID # 03-65 Notice is given hereby that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at Room 306, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:30 p.m. (local time) on Thursday, November 20, 2003, for furnishing all tools, materials and labor and performing the necessary work for the construction of Broyles Road — Street & Drainage Improvements for Fayetteville, Arkansas. At this time and place, all bids received will be publicly opened and read aloud. The work generally consists of construction of approximately 1,320 L.F. of 28' wide street with curb & gutter and associated earthwork, below ground storm sewer, drainage structures, approximately 1,400 L.F. of 12" waterline, and all items indicated in the Drawings and Specifications. Drawings and specifications are on file and may be examined at the office of the Engineering Division, City of Fayetteville. Copies of these documents may be obtained from the office of the engineer upon request and upon payment of $50.00. This amount is not refundable. Bidders of record must attend a mandatory pre-bid conference to be held on Monday, November 17, 2003 at 10:00 a.m. in the City of Fayetteville Engineering Division conference room at 125 West Mountain, Fayetteville, Arkansas. Attendance is required for all biddcrs of record. The bidders shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Bid security, as defined in the Instructions To Bidders, in the amount of 5 percent of the Bid must accompany the Bid. Bidding Documents may be reviewed at the: City of Fayetteville Engineering Division (Phone: 479-575-8206) 125 W. Mountain Fayetteville, AR 72701 The successful Bidder will be required to furnish a Performance Bond and a Payment Bond as security for the faithful performance and the payment of all bills and obligations arising from the performance of the Work. Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encouragcs all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, the City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority, and women business enterprises. No Bids may be withdrawn within a period of 60 days after the date fixed for opening Bids. The City Council reserves the right to reject any or all bids, to waive irregularities in the Bids and bidding deemed to be in the best interests of the City Council, and to reject nonconforming, non-responsive, or conditional Bids. /s/ Peggy Vice Peggy Vice, Purchasing Officer Broyles Road — Street & Drainage Improvements City of Fayetteville Engineering Division October 17, 2003 Page 00020-1 Section No. 00005 00020 Advertisement for Bids Section 00005 TABLE OF CONTENTS Broyles Road Extension Street, Water & Drainage Improvements Title Pages Table of Contents 00005-1 to 00005-2 00020-1 BIDDING REQUIREMENTS 00100 Instructions to Bidders 00300 Bid Form 00350 Bid Bond 00100-1 to 00100-9 00300-1 to 00300-7 00350-1 to 00350-2 CONTRACT FORMS AND CONDITIONS 00500 Agreement Form Between Owner & Contractor 00500-1 to 00500-8 Construction Performance Bond - Exhibit A 00500-9 Construction Payment Bond - Exhibit B 00500-10 Certificates of Insurance - Exhibit C 00500-11 Notice to Proceed 00500-12 00700 General Conditions 1 to 42 00800 Supplementary Conditions 00800-1 to 00800-13 SPECIFICATIONS Division 1 - General Requirements 01010 Summary of Work 01010-1 to 01010-2 01025 Measurement and Payment 01025-1 to 01025-13 01027 Applications for Payment 01027-1 to 01027-2 01035 Modification Procedure 01035-1 to 01035-3 01040 Coordination and Meetings 01040-1 to 01040-4 01051 Construction Surveys 01051-1 to 01051-2 01060 Regulatory Requirements 01060-1 to 01060-3 01090 Reference Standards and Abbreviations 01090-1 to 01090-3 01300 Submittals 01300-1 to 01300-4 01310 Progress Schedules 01310-1 to 01310-2 01410 Testing Laboratory Services 01410-1 to 01410-3 01500 Construction Facilities & Temporary Controls 01500-1 to 01500-5 01620 Storage and Protection 01620-1 to 01620-2 01630 Product Options and Substitutions 01630-1 to 01630-2 01700 Contract Closeout 01700-1 to 01700-5 Broyles Road Extension City of Fayetteville Engineering Division October 17, 2003 Page 00005-1 Division 2 - Site Work 02050 Demolition 02050-1 to 02050-2 02100 Site Preparation 02100-1 to 02100-3 02161 Excavation Safety 02161-1 02220 02230 02261 02270 02500 02581 02600 02615 02616 02622 02641 02644 02675 02720 02840 02900 Excavation and Embankment 02220-1 to 02220-8 Road Bed Preparation 02230-1 to 02230-5 Site Restoration 02261-1 to 02261-6 Slope Protection and Erosion Control 02270-1 to 02270-3 Asphaltic Cement Paving 02500-1 to 02500-9 Thermoplastic Pavement Markings 02581-1 to 02581-4 Pipelaying 02600-1 to 02600-4 Iron Pipe and Fittings 02615-1 to 02615-4 Polyethylene Encasement 02616-1 to 02616-2 Plastic Pipe & Fittings 02622-1 to 02622-4 Valves 02641-1 to02641-6 Fire Hydrant 02644-1 to 02644-3 Water System Maintenance of Service & Disinfection 02675-1 to 02675-4 Storm Sewer System 02720-1 to 02720-3 Signage 02840-1 to 02840-3 Landscaping 02900-1 to 02900-9 Division 3 - Concrete 03210 Reinforcing Steel 03210-1 to 03210-2 03316 Miscellaneous Concrete Work 03316-1 to 03316-10 End of Section 00005 Broyles Road Extension City of Fayencville Engineering Division Page 00005-2 October 17, 2003 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Section 00100 INSTRUCTIONS TO BIDDERS 1 DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder - one who submits a Bid directly to Owner as distinct from a sub -bidder, who submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures arc to be administered. 1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2 COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. 3 PRE-BID CONFERENCE 3.1 A pre-bid conference will be held prior to the bid opening on the date as shown in the Advertisement for Bids. Representatives of the City will be present to discuss the Project. Bidders are required to attend and participate in the conference. Failure to attend will disqualify the contractor's bid. The City will transmit to all prospective Bidders of record such Addenda as the City considers necessary in response to questions arising at the conference. 4 EXAMINATION OF SITE AND CONTRACT DOCUMENTS 4.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Engineering Department, and shall constitute all of the information which the Owner shall furnish. Broyles Road Extension City of Fayetteville Engineering Division October 20,2003 Page 00100-1 No other information given or sounding made by the Owner or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on Owner. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; attend the pre-bid conference; inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 4.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. 4.3 Bidders shall promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 4.4 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.5 On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. 4.6 Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, Owner will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. 4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by Engineer are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. Broyles Road Extension City of Fayetteville Engineering Division October 20, 2003 Page 00100-2 5 AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS 5.1 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities arc to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 6 INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA 6.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents or finds discrepancies in or omissions from any part of the proposed Contract Documents, he should submit a written request for interpretation thereof to the Engineer not later than seven days before the date set for bid opening. The person submitting the request shall be responsible for its prompt delivery. 6.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to all holders of Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents. 6.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 7 APPROXIMATE ESTIMATE OF QUANTITIES 7.1 Engineer's estimate of quantities, on file at the City Engineer's office, is approximate only and shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders as actual quantities that may be required for the completion of the proposed work. However, such quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose of awarding the contract, and will be used as basis for fixing the amount of the required Bonds. 8 UNIT PRICES 8.1 Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of every description to construct, erect, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. 8.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of Owner may be rejected at the discretion of Owner. Broyles Road Extension City of Fayetteville Engineering Division October 20, 2003 Page 00100-3 8.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the Work required, and has reviewed the Drawings and Specifications to verify the full scope of the Work. 9 BID FORM 9.1 Bids are due as indicated in the Advertisement For Bids. 9.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. Bid Form shall not be removed from the bound Project Manual, nor shall bids be submitted on a photocopy of the Bid Form. The unit price or lump sum bid for each item must be stated in figures and in words in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly legible so that no question can arise as to their intent and meaning. In case of a difference in the written words and figures, the amount stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 9.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders may be rejected as informal or non-responsive at the option of Owner. However, Owner reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of Owner. 9.4 Address bids to Owner, and deliver to the address given in the Advertisement For Bids on or before the day and hour set for opening the bids. Enclose the completed Bid Form and Project Manual in a sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas Contractor's License Number (Optional), and the date and hour of the bid opening. If this sealed envelope is delivered by a public carrier, it must be contained in another envelope addressed to Owner and the attention of the project name. It is the sole responsibility of Bidder to see that the Bid is received on time. 9.5 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with him in the Bid, until after the bids have been opened. 10 SIGNATURE ON BIDS 10.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. If the Bid is made by a company or corporation, the company or corporate name must be given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. Broyles Road Extension City of Fayetteville Engineering Division October 20, 2003 Page 001004 10.2 All names must be typed or printed in black ink below the signature. 10.3 The address and telephone number for communications regarding the Bid must be shown. 10.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with Owner. 10.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. 11 BID SECURITY 11.1 Bid security, in the form of a bid bond, certified check, or similar financial instrument, in the amount stated in the Advertisement For Bids, must accompany each bid. Bid bonds for the difference in price between low bidder and second low bidder will not be acceptable. The Successful Bidder's security will be retained until Owner receives a signed Agreement and required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Selection, Owner may annul the Notice of Selection and the Bid security of that Bidder will be forfeited. 11.2 The Owner reserves the right to retain the security of the three low bidders until the Successful Bidder enters into the Contract or until sixty (60) days after bid opening, whichever is sooner. Cash equivalent security of the second and third low bidder may be exchanged for an equivalent bid bond after bid tabulations are complete or thirty (30) days after bid opening, whichever is sooner. If any Bidder refuses to enter into an Agreement, Owner may retain Bidder's bid security as liquidated damages but not as a penalty. 12 PERFORMANCE BOND AND PAYMENT BOND 12.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment Bond, equal to one hundred percent of the contract price. 12.2 Contractor shall include provisions in the bonds which will guarantee the faithful performance of the prevailing hourly wage clause as required by the Arkansas Prevailing Wage Law, Arkansas Code Annotated § 22-9-308(d). 12.3 Contractor shall pay all expenses in connection with the obtaining of said Bonds. The Bonds shall be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness for labor and materials furnished or performed in the construction of such alterations and additions as prescribed in this contract. 12.4 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. 12.5 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to Broyles Road Extension City of Fayetteville Engineering Division October 20, 2003 Page 00100-5 represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney I as his authority. The mere countersigning of the Bonds will not be sufficient. 12.6 The date of the Bonds, and of the Power of Attorney, must not be prior to the date of the contract. ' At least six originals of the Bonds shall be furnished, each with Power of Attorney attached. 12.7 Bonds are to be approved by Owner. If any Bonds contracted for become unsatisfactory or ' unacceptable to Owner after the acceptance and approval thereof, Contractor, upon being notified to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds may be canceled at the discretion ' of Contractor. 13 CONTRACT TIME 13.1 The number of days within which, or the dates by which the Work is to be substantially completed and also completed and ready for final payment is outlined in the Bid Form. ' 14 LIQUIDATED DAMAGES 14.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. 15 SUBCONTRACTORS SUPPLIERS AND OTHERS ' 15.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of Owner nor shall Contractor allow such subcontractor to commence work until approval of workman's compensation insurance and public liability insurance as may be required. Approval of ' each subcontract by Owner will in no manner release Contractor from any obligations as set out in the Drawings, Specifications, contract, and Bonds. 16 SUBSTITUTE AND "OR EQUAL" ITEMS ' 16.1 The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. However, a substitute or "or -equal" item of material or equipment may be furnished or used by ' Contractor if acceptable to Engineer. Application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the General Conditions and may be supplemented in the General Requirements. 17 COMPLIANCE WITH STATE LICENSING LAW 17.1 A Contractor's License is required to bid this project in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors" for bids in excess of ' $20,000. ' Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00100-6 I ' 18 QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS 18.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon Owner's or Engineers's request, detailed written evidence such as ' financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. 19 DISQUALIFICATIONS OF BIDDERS ' 19.1 Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. 19.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation ' under the same or different names. 19.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 19.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for other items, or changes written in, or amendments by letter, or failure to submit a unit price for each item of work for which a bid price is required by the Bid Form, or failure to include all required ' contract documents. 19.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment statements submitted. Lack of responsibility as shown by past work judged from the standpoint of workmanship and progress. 19.6 Uncompleted work which, in the judgement of Owner, might hinder or prevent the prompt completion of additional work if awarded. 19.7 Being in arrears on existing contracts, in litigation with Owner, or having defaulted on a previous 'contract. 19.8 Failure to attend the Pre -Bid Conference. ' 19.9 Failure to obtain Arkansas Contractor's License prior to Bid Opening. 20 OPENING OF BIDS ' 20.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room to be designated by Owner the day of the bid opening. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. I ' Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00100-7 21 CONSIDERATION OF BIDS 21.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder. ' 21.2 In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be ' requested in the Bid Form or prior to the Notice of Selection. 21.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment ' proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Selection. 22 RIGHT TO REJECT BIDS Li I 22.1 Owner reserves the right to reject any and all Bids, to waive technicalities, and to advertise for new bids. All Bids are subject to this reservation. Owner reserves to itself the right to decide which shall be deemed the lowest responsive and responsible Bid. Due consideration will be given to the reputation, financial ability, experience and equipment of the Bidder. 22.2 Owner also reserves the right to waive informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. ' 23 AWARDING OF CONTRACT I I 23.1 Owner reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against Owner upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary Bonds approved. ' 24 RETAINAGE LI I I 24.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. 25 SIGNING OF AGREEMENT 25.1 When Owner gives a Notice of Selection to the Successful Bidder, it will be accompanied by the number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions, Broyles Road Extension October 20, 2003 'City of Fayetteville Engineering Division Page 00100-8 I with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds & Certificate of Insurance. Within ten (10) days thereafter Owner shall deliver one fully signed counterpart to Contractor. 26 MATERIALS GUARANTY 26.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the origin, composition, or manufacture of any or all materials proposed to be used in the construction of the Work, together with samples, which may be subjected to tests provided for in the Specifications to determine their quality and fitness for the Work. 27 FAMILIARITY WITH LAWS 27.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. ' 28 ADDITIONAL LAWS AND REGULATIONS ' Biddersattention is called to the following laws and regulations which may have an impact on the Work and on the preparation of the Bid. ' 28.1 Americans With Disabilities Act 28.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the ' Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor may be required to obtain coverage under general permit ARR001000 prior to commencing work at the site. 28.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993. I 28.4 Arkansas Prevailing Wage Law, Arkansas Code Annotated §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. IH I End of Section 00100 - Instructions to Bidders I Broyles Road Extension October 20, 2003 'City of Fayetteville Engineering Division Page 00100-9 Section 00300 BID FORM Contract 03-65 Broyles Road Extension Street, Water & Drainage Improvements Faydievi le, Arkansas Bid of JeRRY Q SWEETSER. 01M (hereinafter called "Bidder"), a corporation, organized and existing under the laws of the State of A..k ,¢✓ s a s . or a partnership, or an individual doing business as To: City ofFayduvilk, (hereinafter called the "Owner"): The Bidder, in compliance with the Owner's Advertisement For Bids on November 3 & November 10, 2003, and having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including normal inclement weather conditions and the availability of materials, and labor, hereby proposes to furnish all labor, materials, and equipment to construct the project in accordance with the Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents. The costs of miscellaneous material items not listed below that are required for a complete job shall be included in the prices below and shall not be a cause for an extra. Bidder hereby agrees to commence work under this contract on or before a date to be agreed upon by the Contractor and the Owner, and to substantially complete the project within 180 consecutive calendar days thereafter as stipulated in the General Conditions, and to fully complete the project within 210 consecutive calendar days after that agreed date. Bidder acknowledges receipt of the following addendum Addendum No. Subject Broyles Road Extension October 28, 2003 City of Fayetteville Engineering Division Page 00300-1 Broyles Road Extension 1 Item Estimated No. Qmi Unit Description of Item and Unit Price Bid Total Amount 1 1 Lump Sum Mobilization T � v c.._ f L o L, 5 n ..i d dollars ($--�_)/IS S-�O�f 0 amount written in words in figures in figures 2 1 Lump Sum Construction Staking ` S;h/ ela1� ��u�red dollars ($ )/LS $ (o'I8OO°= ount written in words in figures in figures 3 1 Gump Sum Excavation Safety r+ve. hurvare<) dollars ($ so0."° )ILS $ 02SOO.t amount written in words in figures in figures 4 1 Lump Sum Clearing and Grubbing T0E1ve. fkouSAod dollars ($ oZ 000, p0 )/1S $ /aiOC(9.o_ amount written in words in figures in figures 5 170 Lin Ft Sawcut - Asphalt dollars ($ r2 • o; )/LF $ -3'`_• _= amount written in words in figures in figures 6 70 Lin Flt 24" Bore tu0/ tiE9 ON F, ham+ re� .S +Y i4 dollars ($ + cc )/L $ O ao amount written in words % in figures in figures Broyles Road Extension October 28, 2003 City of Fayetteville Engineering Division Page 00300-2 Item Estimated No. Quantity Unit Description of Item and Unit Price Bid 7 1 Lump Sum 8" x S" Tap with valve -� Z \ (Si C' v e_ h . J r e- 3 dollars d 6.>)/LS amount written in words in figures 8 2 Each Fire Hydrant Assembly two + LO J S mN J dollars ($ . 000, )/EA amount written in words in figures 9 500 Pounds Ductile Iron Fittings Sfl toua aotLa-s 4 SLY ce•jfS de}lars (S *s '— )/1.B amount written in words in figures 10 1,372 I.tn Ft 12"PVC C900 (DR -14) Waterline / " V44 1 o1 (.i- dollars ($30. o ° )/LF amoudt writkdn in words in figures 11 20 Ian Ft 24" Steel Encasement dollars (S &C2, )/LF amount written in words in figures 12 6,460 Cu Yd Unclassified Excavation S; dollnac Cert dellafs (S_('. ' )ICY amount written in words in figures Total Amount $ a,s00,4° in figures $_1-!000. to figures $ in figures $fl1 in figures $_/Lt200t00 in figures in figures 13 3,425 Cu Yd Compacted Embankment - Select Hillside Material (Borrow) dollars (S g, )/CY $ 7 0. punt written in words in figures in dgures 14 1,600 Cu Yd Undercut & Backfill T a1 u JO crSAc 43Cfty r eaii-s dllars ($ a. 5° )/CY $ oon.- amount written in words in figures in figures Broyles Road Extension October 28, 2003 City of Fayetteville Engineering Division Page 00300-3 Item Estimated No. Ouantity Unit Description of Item and Unit Price Bid 15 4,845 Sq Yd Six-inch Aggregate Street Base Course (Class 7) anIUAR c ($ . �'— )/SY amount written in words in figures 16 2,620 Lin Ft Concrete Curb and Gutter 0 ^VIA+ An A.t5 41C -1t7 l'CnJfs dulls ($ ISM )/LF amount written in words in figures 17 3,972 Sq Yd Two-inch ACHM Surface Course (Type 2) cc V ,ems dollars ($ r• 2 )/SY amount written in words in figures 18 3,972 Sq Yd Four -inch ACHM Binder Course (Type 2) ,• v p° /SY dollars ($ S• � ) amount written in words in figures 19 300 Tons Aggregate Base (Class 7) dollars ($ %'+• — )ITN amount written in words in figures 20 345 Lin Ft 18 -inch Reinforced Concrete Pipe (RCP) 1 t r S dollars ($ 3 00 )/LF amount written Swords in figures 21 350 Lin Ft 24 -inch Reinforced Concrete Pipe (RCP) ASS ,b{;6v r.fS dollars (5_57.- )/LF laamount written in words in figures 22 4 Each 11 4 Ft x 4 Ft'lype'C' Drop Inlet dollars ($ 0 . )/EA amount written in words in figures Total Amount $e235lo.°o $cz%890.p° in figures $_/9 in figures $ in figures $ Lf�0c_ in figures $ l 1�4a0. in figures $ 18o�S.°a in figures $ in figures Broyles Road Extension October 28, 2003 City of Fayetteville Engineering Division Page 00300-4 Item Estimated No. uanti Unit Description of Item and Unit Price Bid Total Amount 23 2 Each 5 Ft x 5 Ft 7ype'C' Drop Inlet Fue.. _ Lr-ci dollars ($ 50 )/EA am unt written in words in figures 24 6 Each Drop Inlet Extension (8 FT) 01J e_ Lo u s na rl dollars (S 000, vo )/EA amount written in words in figures 25 865 Sq Yd Concrete Sidewalk (4") DQ w' %./ 'kor 9r) dollars (S 302, )/SY amount written in words in figures 26 1,287 Lin Ft Bath Wire Fence (5-Strand) 1 v � do 1(,arZs tx...47 >r ollan (S_&4, )/LF amount written in words in figures 27 1.85 Acres Seeding and Mulching L�oav / }y, a r c) dollars (S 500.°� )/AC amp t written in words in figures 28 995 Cu Yd Imported Top Soil T er! tl p dollars (S1 )/CY amount written in words in figures 29 1 Each Sign (R3 -7R) 1 /.L_)n v. rl r -t - eP ) dollars (S )/EA amount written in words in figures $sT.°` in figures ,,,��/�///��o0 $ ��- to figures $ J �0- in figures $ S41�9.7s . in figures $ Cods. "° in figures sJ1y4Dea in figures 4a1 - in figures 30 1,270 Lin Ft Double 4 -inch Yellow Line Pavement Markings ('Thermoplastic) Fi v e— e r 4QU= (S )/LF $_______ _ amdunt written in words in figures in figures Broyles Road Extension October 28, 2003 City of Fayetteville Engineering Division Page 00300-5 Ii Item Estimated No. uanti Unit Description of Item and Unit Price Bid Total Amount 31 145Lin Ft 6 -inch White Line Pavement Markings (Thermoplastic) z0 c)nlLcc, 4 +e,J cedts deliafs (502.'C— )/LF $_30t4—.5Jo amount written in words in figures in figures 32 112 Lin Ft 18 -inch White Pavement Markings (Thermoplastic) 50 >nir)pI(4e.z 4 t�k1 tl-&As__-dollars. (S • )/LF' $ 0%4. 00 � amount written in words in figures in figures 33 22 Lin Ft 24 -inch White Pavement Marking (Thermoplastic) � )Vue-A do I(Ats `%.5eVe,&Av re'ue ncy�S dollars ($ 7S )/LF $ S - amount written in words in figures in figures 34 4 Each White Pavement Marking Arrows (Thermoplastic) T 1 r—, po Lrt h,,.,�*--- F7J�ie dollars ($3/5J04 $ 315. — )/EA amount written in words in figures 35 600 Lin Ft Silt Fence (E-3) O0 .3, dollars (S_6, )/LF amount written in words in figures 36 120 Each Straw Bale (E-1) L Ot/ dollars ($ %Q,co)/EA amount written in words in figures 37 50 Cu Yd Rock Excavation ll o0 Qof-ed SeJe„`- fls.ie dollars ($ %51 )/CY amount written in words in figures $_3 o0 in figures $33 O °'° in figures $ o0 in figures in figures PROJECTBASE BID..............................................._........................................... $ V 9 7 9 (flg. . _� Broyles Road Extension October 28, 2003 City of Fayetteville Engineering Division Page 00300-6 I ' The Bidder shall state the price bid in words and figures (written in ink or typed) for each pay item, and the total ' bid. In case of conflict between words and figures, the words, unless obviously incorrect, shall govern. Bidder understands that the Owner reserves the right to award the total project, or to reject any or all bids and ' to waive any formalities in the bidding. Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days after the ' scheduled closing time for receiving bids. Respectfully submitted, ' JE RY ETSER.ING t Firm N ' By "WILLIAM U. 5WEEISEH/ PRESIDENT 590 WEST POPLAR FAVETTEVII I E, AR 73703 ' Address I. City State ARKANSAS CONTRACTOR LICENSE • 0027470304 'Arkansas State Contractor's License Number ' A Contractor's License is required to bid this project. End of Section 00300 - Bid Form I 1l I I ■ Broyles Road Extension October 28, 2003 City of Fayetteville Engineering Division Page 00300-7 I I • mestmu' St. Paul floe and Marine Insurance Company St. Pad Guardian Insurance Company ' Surety St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Underwriters, Inc. Fidelity and Gaanoty Insurance Company Principal Office: 385 Washington Street ' St. Paul, Minnesota 55102 Seaboard Surety Company Principal Office: 5801 Smith Avenue BID BOND Baltimore, Maryland 21209 KNOW ALL MEN BY THESE PRESENTS, that Jerry D. Sweetser.Inc. of Fayetteville, AR as Principal, •and St . Paul Fire & Marine Ins. Co. a Minnesota corporation, as Surety, are held and firmly bound unto City of Fayetteville, AR as Obligee, in the full and just sum ' of Five Percent (5%) of Bid Dollars, lawful money of the United States, for the payment of which sum, ' well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for furnishing all labor and materials for Streets, Water, & Drainage for Broyles Road Ext., Fayetteville, AR I I I I I I THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered 20th , dat Surety Company: St. Paul Fire & Marine Ins. Co. I 85274 Rev, 9-2000 Printed in U.S.A TMeStPauI POWER OF ATTORNEY Power of Attorney No. Seaboard Surety Company SL Paul Fire and Marine Insurance Company SL Paul Guardian Insurance Company SL Paul Mercury Insurance Company 20778 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Udenrriters, Inc. Certificate No, 1800884 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that Si Paul Fire and Marine fasunnce Company. SL Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. and chat Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the Stare of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Roland Julian, Cecil Bridgers, Adrian Luttrell, Christine Piker, Donna Tito and Robert M. Davis Arkansas Fayetteville of the City of , State , their true and lawful Attorney(s)-in-Fact. each in their separate capacity if more than one is named above, to sign its name as surety to, and Co execute. seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing boils and undertakings orshed inky actions or proceedings allowd by law. ,pvey)h't ♦ ♦`� IN WITNESS WHEREOF, the Companies have caused this instrume 1£ alcd 4� day of May 2003 �� `r v Seaboard Surety Company Ll \(E_4\*)led States Fidelity and Guaranty Company St. Paul Fire and Marine Insurc)lo.9�la& Insurance SL Paul Mercury Insturnee Fidelity • d Guaranty Insurance Company deprwriters, Inc SL Paul Guardian Imura M1. i ``► ` •~~ �,� ' PETER W. CARMAN. Vice President seat. a +�Z A.L F 3 tawB 1Wy try at 4 t r� xL J n ,_�_y.,Q�— State of Maryland City of Baltimore TN0M/S a IMBREGrSE Avustant Secretary On this 19th day of May 2003 , before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. Huibregtse. who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company. Si. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters. Inc.; and that the seats affixed to the foregoing instrument are the corporate seals of said Companies; and that they. as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. dcf+`i /L4Glt�► N • Qe�+AIA In Witness Whereof, I hereunto set my hand and official seal. ¢W prMY 0 My Commission expires the 1U day of July. 2006. g° , REBECCA EAStEY-ONOKAI.A, Notary Public 86203 Rev. 7-2002 Printed in U.S.A. Stn. ,� s« .ti Fla+..,va..a�.., �awedPWtlga.Ace...ey� cut a< r.d Ga.at.. lai.r..a car F'et7 and G.n.n l..aaa C•aP•7 Bond No. RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the 'Act'). No action is required on your part. -7-iflSDisclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is 0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. Section 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND JERRY D. SWEETSER, INC. THIS AGREEMENT is dated as of the day of 17I 3 in the year 2004 by and between the City of Fayetteville, Arkansas and JERRY D. SWEETSER, INC ORATED. The CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of construction of approximately 1,320 L.F. of 28' wide street with curb & ' gutter and associated earthwork, below ground storm sewer, drainage structures, approximately 1,400 L.F. of 12" waterline and all items indicated in the Drawings and Specifications. Article 2. ENGINEER. The Project has been designed by City of Fayetteville Engineering Division 113 W. Mountain Street Fayetteville, Arkansas 72701 who is hereinafter called ENGINEERING DIVISION and who is to act as the CITY OF FAYETFEVILLE'S representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract documents. Article 3. CONTRACT TIME. 3.1. The Work shall be substantially completed within 180 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.13 & C of the General Conditions within 210 consecutive calendar days after the date when the Contract Time commences to run. •' 3.2. Liquidated Damages. The CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. recognize that time is of the essence of the Agreement and that the CITY OF FAYETTEVILLE will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof ' allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by the CITY OF FAYETTEVILLE if the Work is not completed on time. Accordingly, instead of requiring any such proof, the CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. agree that as liquidated damages for delay (but not as a penalty) JERRY D. SWEETSER, INC. shall pay the CITY OF FAYETTEVILLE Two hundred fifty dollars 2($ 50.00) for Broyles Road Extension City of Fayetteville Engineering Division January 16, 2004 Page 00500-I II each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if JERRY D. SWEETSER, INC. shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by the CFI -Y OF FAYETTEVILLE, JERRY D. SWEETSER, INC. shall pay the CITY OF FAYETTEVILLE Two hundred fifty dollars 2($ 50.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. The CITY OF FAYETTEVILLE shall pay JERRY D. SWEETSER, INC. for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. BROYLES ROAD EXTENSION PAY ITEMS Item No. Item Description Unit Estimated Quantity II Unit Price Extended Price 55,000.00 $5,000.00 2 Construction Staking LS 1 $6,800.00 $6,800.00 3 Excavation Safety LS I $2,500.00 $2,500.00 4 Clearing & Grabbin LS I $12,000.00 $12,000.00 5 Sawcut (Asphalt) LF 170 $2.00 $340.00 6 24" Borc LF 70 $160.00 $11,200.00 7 8" x 8" Tap w/ valve IS I $2,500.00 $2,500.00 8 Fire Hydrant Assembly EA 2 $2,000.00 $4,000.00 9 Ductile Iron Fittings LB 500 $4.50 $2,250.00 10 .12" PVC C900 DR- 14Waterline LF 1,372 $38.00 $52,136.00 II 24" Steel Encasement LF 20 560.00 $1,200.00 12 Unclassified Excavation CY 6,460 $6.50 $41,990.00 13 Compacted Embankment — Select Hillside Material Borrow CY 3,425 $8.00 $27,400.00 14 Undercut & Backfill CY 1,600 $12.50 $20,000.00 15 Six-inch Aggregate Street Base Course (Class?) SY 4,845 $4.80 $23,256.00 16 Concrete Curb and Gutter LF 2,620 $9.50 $24,890.00 17 Two-inch ACHM Surface Course (Class 2) SY 3,972 55.00 $19,860.00 Broyles Road Extension January 16, 2004 City of Fayetteville Engineering Division Page 00500-2 I, n 18 Four -inch ACIIM Surface Course (Class 2) SY 3,972 $5.00 S 19,860.00 19 Aggregate Base (Class 7) Tons 300 $14.00 $4,200.00 20 18 -inch Reinforced Concrete Pipe (RCP) LF 345 $36.00 S 12,420.00 21 24 -inch Reinforced Concrete Pipe (RCP) LF 350 $51.50 $18,025.00 22 4 Ft x 4 Ft Type 'CDrop Inlet EA 4 $1,900.00 57,600.00 23 5 Ft x 5Ft Type 'C' Drop Inlet EA 2 $2,500.00 $5,000.00 24 Drop Inlet Extension (8 Ft EA 6 $1,000.00 $6,000.00 25 Concrete Sidewalk (4") SY 865 $32.00 $27,680.00 26 Barb Wire Fence (5 -Strand) LF 1,287 $4.25 $5 ,469.75 27 Seeding and Mulching AC 1.85 $2,500.00 $4,625.00 28 Imported ToSoil CV 995 $12.00 $11,940.00 29 Si (R3 -7R) EA I $210.00 $210.00 30 Double 4" Yellow Line Pavement Markings (Thermoplastic) LF 1,270 $0.85 $1,079.50 31 6" White Line Pavement Markings (Thermoplastic) LF 145 $2.10 $30450 32 IS" White Pavement Markings (Thermoplastic) LF 112 $9.50 51,064.00 33 24" White Pavement Markings Thcnno lactic LF 22 $11.15 $258.50 34 White Pavement Marking Arrows (Thermoplastic) EA 4 $315.00 $1,260.00 35 Silt Fence E-3 LF 600 56.00 $3,600.00 36 Straw Bale E -I EA 120 $10.00 $1,200.00 37 Rock Excavation CY 50 $175.00 $8,750.00 TOTAL CONSTRUCTION COST $397,868.25 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by the ENGINEERING DIVISION as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B of the General Conditions. Article 5. PAYMENT PROCEDURES JERRY D. SWEETSER, INC. shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by the ENGINEERING DIVISION as provided in the General Conditions. 5.1. Progress Payments. 'the CITY OF FAYETTEVILLE shall make progress payments on account of the Contract Price on the basis of JERRY D. S WEE I SER, INC.'S Applications for Payment as recommended by the ENGINEERING DIVISION, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC- 14.02 . All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the Broyles Road Extension January 16, 2004 City of Fayetteville Engineering Division Page 00500-3 percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as the ENGINEERING DIVISION shall determine, or the Cm' OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.8.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the ENGINEERING DIVISION, and if the character and progress of the Work have been satisfactory to the CITY OF FAYETTEVILLE and the ENGINEERING DIVISION, the CITY OF FAYETTEVILLE, on recommendation of the ENGINEERING DIVISION, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to the CITY OF FAYETTEVILLE as provided in paragraphs 14.02.8.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to JERRY D. SWEETSER, INC. to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as the ENGINEERING DIVISION shall determine, or the CITY OF FAYETTEVILLE may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.B & C of the General Conditions, the CITY OF FAYETTEVILLE shall pay the remainder of the Contract Price as recommended by the ENGINEERING DIVISION as provided in said paragraphs 14.07.8 & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce the CITY OF FAYETFEVILLE to enter into this Agreement JERRY D. SWEETSER, INC. makes the following representations: 6.1. JERRY D. SWEETSER, INC. has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. JERRY D. SWEETSER, INC. has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. JERRY D. SWEETSER, INC. is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. JERRY D. SWEETSER, INC. has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface Broyles Road Extension January 16, 2004 City of Fayetteville Engineering Division Page 005004 I I or subsurface structures at or contiguous to the site which have been identified in the Supplementary ' Conditions as provided in paragraph 4.02.A of the General Conditions. JERRY D. SWEETSER, INC. accepts the determination set forth in paragraph SC -4.02 of the SupplementaryConditions of the extent of the "technical data" contained in such reports and drawings upon which JERRY D. SWEETSER, INC. is entitled Ito rely as provided in paragraph 4.02 of the General Conditions. JERRY D. SWEETSER, INC. acknowledges that such reports and drawings are not Contract Documents and may not be complete for JERRY D. SWEETSER, INC. purposes. JERRY D. SWEETSER, INC. acknowledges that the CITY OF FAYETTEVILLE and the ENGINEERING DIVISION do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. JERRY D. SWEETSER, INC. ' has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by JERRY D. SWEETSER, INC. and safetyprecautions and programs incident thereto. JERRY D. SWEETSER, INC. does not consider that any ' additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract "1'imes, and in accordance with the other terms and conditions of the Contract Documents. I6.5. JERRY D. SWEETSER, INC. is aware of the general nature of work to be performed by the CITY OF FAYE"ITEVILLE and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. JERRY D. SWEETSER, INC. has correlated the information known to JERRY D. SWEETSER, INC., information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. JERRY D. SWEETSER, INC. has given the ENGINEERING DIVISION written notice of all conflicts, ' errors, ambiguities, or discrepancies that JERRY D. SWEETSER, INC. has discovered in the Contract Documents and the written resolution thereof by the ENGINEERING DIVISION is acceptable to JERRY D. SWEETSER, [NC. and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between the CITY OF FAYEITEV ILLE and JERRY ID. SWEETSER, INC. concerning the Work consist of the following: 7.1. This Agreement (pages Ito 8, inclusive). ' 7.2. Performance and Payment Bonds, (Exhibits A and R respectively). ' 7.3. Certificates of Insurance, (Exhibit C). 7.4. Documentation submitted by JERRY 1). SWEETSER, INC. prior to signing Agreement. ' Broyles Road Extension January 16, 2004 City of Fayetteville Engineering Division Page 00500-5 7.5. General Conditions (pages Ito 42, inclusive). 7.6. Supplementary Conditions (pages I to 13 inclusive). 7.9. Specifications consisting of Divisions 1 through 3 as listed in table of contents thereof. 7.10. Addenda numbers 0 to 0 , inclusive. 7.11. One sets of drawings (not attached hereto) consisting of a cover sheet and additional sheets numbered I through 16 with each sheet bearing the following general title: Broyles Road Extension 7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.12.1. Notice to Proceed 7.12.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article I of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. The CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. each hinds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Broyles Road Extension January 16, 2004 City of Fayetteville Engineering Division Page 00500-6 Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. CITY OF FAYETTEVILLE contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the CITY OF FAYETTEVILLE„ the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7. This contract must be interpreted under Arkansas Law. Broyles Road Extension January 16, 2004 City of Fayetteville Engineering Division Page 00500-7 IN WITNESS WHEREOF, the CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. have signed this Agreement in quadruplicate. One counterpart each has been delivered to the CITY OF FAYETTEVILLE and the ENGINEERING DIVISION, and two counterparts have been delivered to JERRY D. SWEETSER. All portions of the Contract Documents have been signed, initj led, or identified by the CITY OF FAYETTEVILLE and JERRY D. SWEETSER, INC. or identified by the ENGfEERING DjJJ)SION on their behalf. This Agreement will be effective on Agreement). /4//s. 4�o Attestmd'CIb' Address for giving notices (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) Broyles Road Extension City of Fayetteville Engineering Division (which is the. Effective Date of the B PRESIDENT c. Title!-. -- [CORPORATE SEAL] "Attest L,S \OL,,\ c) If a Corporation, attest by th,Secretaiy. Address for giving notices Agent for service of process: ��ntal .: fly (If CONTRACTOR is a corporation, attach evidence of authority to sign) January 16, 2004 Page 00500-8 Exhibit A PERFORMANCE BOND Broyles Road Extension January 16, 2004 City of Fayetteville Engineering Division Page 00500-9 Exhibit B PAYMENT BOND Broyles Road Extension January 16, 2004 City of Fayetteville Engineering Division Page 00500-10 II II II JAN 1 6 2004 ThepduI Surety . 44d L PERFORMANCE AND PAYMENT BOND of KNOW ALL MEN BY THESE PRESENTS, that we, Fayetteville, AR St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Underwriters, Inc. Fidelity and Guaranty Insurance Company Principal Office: 385 Washington Street St. Paul. Minnesota 55102 Seaboard Surety Company Principal Office: 5801 Smith Avenue Baltimore, Maryland 21209 Bond Number SY6985 Jerry D. Sweetser, Inc. as Principal, and St. Paul Fire & Marine Ins. Co. , a corporation, having its principal office and place of business in the City of St. Paul, Minnesota as Surety, are held and firmly bound unto City ot Fayetteville, AR as Obligee, in the sum of Three Hundred Ninety Seven Thousand Eight Hundred Sixty Eight Dollars and 25/100 Dollars (S 397,868.25 for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated day of WHEREAS, the Principal has entered into a certain written contract dated the day of furnishing all labor with the Obligee for ... u. .)p)d. :.. a, •. ...•a .- u• • -u-. JtJLU!i11iI I, NOW THEREFORE, the condition of this Obligation is such, that if the Principal shall faithfully perform said contract according to its terms, covenants and conditions and shall promptly pay all persons supplying labor or material to the Principal for use in the prosecution of the work under said contract, then this obligation shall be void; otherwise it shall remain in full force and effect. Subject to the named Obligee's priority, all persons who have supplies labor or material directly to the Principal for use in the prosecution of the work under said contract shall have a direct right of action under this bond. The Surety's aggregate liability hereunder shall in no event exceed the amount set forth above. No claim, suit or action shall be brought hereunder after the expiration of one (1) year following the date on which Principal ceased work on said contract. If this limitation is made void by any law controlling the construction hereof, such limitation shall be deemed to be amended to equal the minimum period of limitation permitted by such law. Witness: Jerry e Inc (Seal) Pri tpal Surety Company: By/// (Seal) Attorney -in -Fan I85103 Rev. 9.1999 Printed in U.S.A. St. Peel Rn and Mart.. LMIIM Gcanaty S�7l ibut SL Peal Gaa diao Lmnen Comdr r Sass worry 11 Ca r SL Paai Merary mu--- Company flddlry and Guaranty Innate Uederwriun, taL Seaboard Sarny Company SL hd Madlal ILbtiy laamraatx Company SY6985 Bond No. RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the `Act"). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 9Q% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds 5100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of £100,000, 000,000. The portion of your premium that is attributable to coverage for acts of terrorism is $0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. TheStPhul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 20778 Certificate No. 1 8 0 0 8 6 7 KNOW All. MEN BY THESE PRESENTS: Thai Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that Si, Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota. and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland. and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and Guaranty Insurance Underwriters. Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively railed the "Companies"), and that the Companies do hereby make. constitute and appoint Roland Julian, Cecil Bridgers, Adrian Luttrell, Christine Piker, Donna Tito and Robert M. Davis of the City of Fayetteville , State - Arkansas . their true and lawful Aummey(shin-Pan. each in their separate capacity if more than one is named above, to sign its name as surely to. and to execute, seal and acknowledge any and all bonds. undertakings. contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHF EREO. the Companies have caused this instrument to be signe(1:at�id's d N J 19th day of May 2003 �11p� Seaboard Surety Company 1® (j �(; United States Fidelity and Guaranty Company St. Paul Fire and Marine Inaura ceny ,Compaw kqy Fidelity and Guaranty Insurance Company Gw St. Paul Guardian IrttiuronceVComp any�t) . Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Cumpaays C ?SC) o t., SEAL iP tpa � P[TFR W. CARMAN. Vise f rsldem .� ,.a, ry.,+ ea State of Maryland City of Baltimore THOMAS F. HUIHREGT SE, As+ista t Secretary On this ________ ___ day of May 2003 before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E Iiuthregtse. who acknowledged themselves he be the Vice President and Assistant Secretary. respectively, of Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company. Fidelity and Guaranty Insurance Company. and Fidelity and Guaranty Insurance Underwriters, Inc.: and that the seals affixed to the foregoing instrument arc the corporate seals of said Companies: and that they. as such, being authorized so to do. executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. ,44(,rr "tY "T„"",^""/4rw..a,y • I//^�a� m (/ In Witness Whereof. I hereunto set my hand and official seal. My Commission expires the 1st day of July. 2(MXo. b REBECCA FASLEY 0N0KALA. Noiary Public Ar GI+� 86203 Rev, 7-2002 Printed in U.S.A. I This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached; and RESOLVED FURTHER, that Attorney(s)-in-Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse, Assistant Secretary of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I hereunto set my hand this day of o,.a yp4o 1927 i�rG}, v/,y,`,a(tr s +' SEat, o^ sBAL{g °?crew+ kAwct IS.,�1, To verify the authenticity of this Power of Attorney, call 14 the above -named individuals and the details of the bond to nL Thomas E. Huibregtse, Assistant Secretary clerk. Please refer to the Power of Attorney number, I I I I H H C u I C I I Li u I I I I Li U I I I u Li Exhibit C CERTIFICATES OF INSURANCE Broyles Road Extension City of Fayetteville Engineering Division January 16, 2004 Page 00500-11 I 01/20/2004 15:54 4794423521 1 1 1 4cQRP. CERTIFICATE OF LIABILITY INSURANCE sP ae 1 01120/04 PROOHC2R . Eason Insurance Agency IS CERTIFICATE 1S ISSUED AS A MATTER INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2340 Green Acres Rd, Suite 110 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOA 4217 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fayetteville AR 72703 Phone: 479-521-2233 INSURERS AFFORDING COVERAGE lflstflt -. $URR A: CNA B: - LysURER OS A. S user, Inc.Inc . ?V HQ INSURER C. _ _ 1}ar 72703 ayettevi a AR INSURGRO: D+SURcp E: COVER! THE POUcaa OF INSURANCE LISTED SaOW HAVE BEEN ■sun) TO THE IRSURm NAMED ABOfl FOR THE POLICY PFRIOC i1'C.ATEO NOTwT STAN01NG ANY REOUREMDR. TERM OR CO OTON OF ANY CONTRACT OR OTF1■R OOOUMPNT WY" RESPECT TO YIMCN THIS CERTV ICATri YAV SE ISSUED OR MAY PERTARL THE RSURANCE AEPORD■D V THE OUCIE■ Ocscnm O Pc W IS 6OB.tCT TO ALL THE TERMS. EXCW$JON$ AND CONDITIONS OF SUCH POLICIES. AGGREGATE LWITS SHOWN HAY NAVE BUN R401ACED BY PAO CLAIMS. 7YPC OFP4S*NANCE POLICYNUI®ER ■ /c hots CENERALLIA■RTY EA iOCCURRENCE sl 000,000 A X CeFe6RCMLGENERALUAe1UTY CLADS MADE DX OCCUR 01073335365 10/30/03 10/30/04 I 100,000 $ 500 RREOAMAOE(AnyoaMl) MED EXP VIITj' OG 04TLOA) pvTSaWu'nw IILA1RY - $1,000,000 caERALACGREon7L $2,000,000 GEIn AGGREGATE LOIN APPLIES PER. POLICY . & LOO PRODUCTS - COUPJOP AGO '2,000,000 AVTOUOOL■ VAINLf A AErvAVro C2020101979 10/30/03 10/30/04 _ GL6L R""c0a"1 {1.000,000 X AU. OWNED AUTO$ SCNEOLLEO ALTO$ �N.AAY BOOLYY(Ptf pawn) X HPED AUTOS NONJ)\yT®AUTO$ BO, _ (pVsowy .wdol) ) F X PROPERTY DAUAGc (PHA =.4 fq !ARAGE LJABRJTY ANY AUTO AUTO ONLY . EA ACCIDENT $ EAACC OTHER TWIN I AUTO ONLY AGG I Q(CESS UABRlN DGCUR ❑ R RENCE S CW W NADG I DEDUCTIBLE RETENTION $ MORNERS COMP ATDN AND ;LLEAcmAo=Ewr $ EM►LOVEe■nY W LU A MC220101996 10/30/03 WITS 10/30/04 s100000 .EAENPLo $100000 oli1ER -POLICYLP1rT '500000 OESCRPTON Of OPERAnaIM.00AflO1SWICCLZStCLUS4QNS ADDED BY e■IOR'EUENTISPECIAL PROV1SON6 CERTIFICATE HOLDER IN ADdTIONAL DISUREO INSURER LET TER; CANCELLATION 1 %CORD 25- I City Of Fayetteville Attn: Ron Petrie Fax: 575-8202 113 it. Mountain Fayettoville AR 72701 CITY0 Di SMWLD ANYOP THEABOVE OMCRI■EO POUars BE CANCEIltD BEFORE THE D.VIRATO DATE THEREOF. THE ISALANG INSI6TER WILL ENDEAVOR TO MAR DAYS WRITER NOTICE TO NE CERTPICAIE HOLDER NAMED TO THE LEFT. BUT PAILURE To DO SO &HALL IMPOSE NO OBLIGATION OR LMBIUTY Or ANY KIND I1pON THE IN *cans OR 01/20/2004 15:54 4794423521 EASON INSURANCE PAC£ 02 IMPORTANT If the AstC to holder Is an ADDITIONAL INSURED, the pollcy(es) must be endorsed. A statement on this oerWlnIe does not confer rights to the c ttifi to holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. elfin policies may retlutre an endorsement. A statement on this <zrtIflcate does not confer rights to the Oertlfimta holder in lieu of such endorsement(s). DISCLAIMER The Certfioste of Insurance on the reverse side of this fort,. does not constitute a contact between the issoing ituret(s). authorized ropresentatve or producer, and the ca sate holder, nor does it affirmatively or negatively amend. extend Or alter the coverage afforded by the polities listed thereon. NOTICE TO PROCEED TO: PROJECT: Broyles Road Extension DATE: You are hereby notified to commence WORK in accordance with the Contract dated on or before ________________,and you are to substantially complete the WORK within one hundred eighty (180) consecutive calendar days thereafter, and have the Work complete and ready for final payment within two hundred ten (210) consecutive calendar days thereafter. The date for Substantial completion is therefore , 2004. The date for final completion is therefore CITY OF FAYETTEVILLE, ARKANSAS Owner By Staff Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of , 2004. By Title Broyles Road Extension January 16, 2004 City of Fayetteville Engineering Division Page 00500-12 I I I I fl I 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 DOCUMENT'S COMMITTEE and �II1 Issued and Published Jointly By National Society of Professional Engineers AMERICAN CONSULTING ProhsslonalEnginernlnPrhvirPndw AMERICANSOCIETYOF ENGINEERS COUNCIL CIVILENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS IAMERICAN CONSULTING ENGINEERS COUNCIL I I Pi 1 11 AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General * c Contractors of America Construction Specifications Institute '• / rfw�awn These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 191O.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) 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 00700-2 TABLE OF CONTENTS 0 ARTICLE 1- DEFINITIONS AND TERMINOLOGY ..................................... 0(7700-6 1.01 Defined Terms ................................................... 00700 -6 1.02 Terminology..................................................... 0O700 -8 ARTICLE 2 - PRELIMINARY MATTERS ............................................ 00700 - 9 2.01 Delivery of Bonds .................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0O700-9 2.02 Copies ofDocuments............................................... 00700 - 9 2.03 Commencement of Contract Times; Notice to Proceed . . . . . . . . . . . . . . . . . . . . . . . . . .00700-9 2.04 Starting the Work ................................................. 00700 -9 2.05 Before Starring Construction .......................................... 00700 - 9 2.06 Preconstruction Conference .......................................... 00700 - 10 2.07 Initial Acceptance of Schedules ........................................ 0O700 - 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .................... 00700-10 3.01 Intent ....................................... ....... ..........00700-10 3.02 Reference StandaPds.............................................. 00700 - 10 3.03 Reporting and Resolving Discrepancies ................................... 0O700-11 3.04 Amending and Supplementing Contract Documents ........................... 0O700- 11 3.05 Reuse of Documents ............................................... 00700 - 11 ARTICLE 4- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .............................................. 00700 - 11 4.01 Availability ofLands.............................................. 00700 - 11 4.02 Subsurface and Physical Conditions ..................................... 00700 - 12 4.03 Differing Subsurface or Physical Conditions ................................ 00700 - 12 4.04 Underground Facilities ............................................. 00700 - 13 4.05 Reference Points ................................................. 00700 - 13 4.06 Hazardous Environmental Condition at Site ................................ 00700 - 14 ARTICLE 5 - BONDS AND INSURANCE ........................................... 00700 - 15 5.01 Performance, Payment, and Other Bonds ................................. 00700 - 15 5.02 Licensed Sureties and Insurers ........................................ 00700 - 15 5.03 Certificates o.flztsurazzce ............................................ 00700 - 15 5.04 CONTRACTOR's Liability Insurance .................................... 00700 - 15 5.05 OWNER's Liability Insurance ......................................... 00700 - 16 5.06 Property Insurance ............................................... 00700 - 16 5.07 Waiver of Rights ................................................. 00700 - 17 5.08 Receipt and Application of Insurance Proceeds .............................. 00700 - 18 5.09 Acceptance of Bonds and Insurance; Option to Replace ........................ 00700- 18 5.10 Partial Utilization, Acknowledgmentof Property Insurer ........................ 00700 - 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ................................... 00700-18 6.01 Supervision and Superintendence ....................................... 00700 - 18 6.02 Labor; Working Hours.............................................00700 - 19 6.03 Services, Materials, and Equipment ..................................... 00700 - 19 6.04 Progress Schedule ................................................ 00700 - 19 6.05 Substitutes and "Or -Equals' .......................................... 00700 - 19 6.06 Concerning Subcontractors, Suppliers. and Others ............................ 00700-20 6.07 Patent Fees and Royalties ........................................... 00700 - 21 6.08 Permits ........ ...............................................00700-21 6.09 Laws and Regulations .............................................. 00700 - 22 6.10 Taxes ......... ...............................................00700-22 6.11 Use of Site and Other Areas .......................................... 00700 - 22 6.12 Record Documents C)070()-22 6.13 ................................................ Safety and Protection .............................................. 00700 - 23 6.14 Safety Representative .............................................. 00700 - 23 6.15 Hazard Communication Programs ...................................... 00700 - 23 00700-3 I. 6.16 Emergencies.................................................... 00700-23 ' 6.17 Shop Drawings and Samples .......................... . ............... 00700 - 23 /' 6.18 Continuing the Work .............................................. 00700 - 23 E•. , 6.19 CONTRACTOR's General Warranty and Guarantee . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700-25 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 8.05 Lands and Easements. Reports and Tests .................................. 00700 - 26 8.06 Insurance ..................................................... 00700-27 8.07 Change Orders .................................................. 00700 -27' , 8.08 Inspections, an Tests, d Appralsov...................................... 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 Sho Drawin s, Chan a Orders and P ets 00700-28 P 8 8 ayme 9.08 Determinations for Unit Price Work ..................................... 00700 - 28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......... 00700 - 28 , 9.10 Limitations on ENGINEER's Authorityand Responsibilities ...................... 00700-28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ................................... 00700-29 10.01 Authorized Changes in the Work ....................................... 00700 - 29 1 10.02 Unauthorized Changes in the Work ..................................... 00700-29 10.03 Execution of Change Orders .......................................... 00700 - 29 10.04 Notification to Surety .............................................. 00700 - 29 ' 10.05 Claims and Disputes ............................................... 0070()-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 , 12.02 Change of Contract Times ........................................... 00700 - 33 12.03 Delays Beyond CON7RACTOR'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 , DEFECTIVW E ORK ............................ 0 ................... 0700-34 13.01 Notice of Defects ................................................ 00700 -34 13.02 Access to Work .................................................. 00700 - 34 13.03 Tests and Inspections .............................................. 00700 - 34 I 13.04 Uncovering Work ................................................. 00700-35 13.05 OWNER May Stop the Work .......................................... 00700 - 35 13.06 Correction or Removal of Defective Work ................................. 00700 - 35 00700-4 I I I I 1 I I I I I I I L I 13.07 Correction Period . . . . : . . . . . . . . . . . . . . . . . .......................... 00700 -35 13.08 Acceptance of Defective Work ......................................... 00700 - 36 13.09 OWNER May Correct Defective Work .................................... 00700 - 36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................ 00700 - 36 14.01 Schedule of Values ................................................ 00700 -36 14.02 Progress Payments ................................................ 00700 - 37 14.03 CON7RACTOR's Warranty of lit It ..................................... 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 -4.0 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................ 00700-40 15.01 OWNER May Suspend Work .......................................... 00700 - 40 15.02 OWNER May Terminate for Cause .......................... I ............ 00700 - 40 15.03 Terinate For Convenience ,. ................................ OWNER May m 00700 - 41 15.04 CONTRACTOR ►fay 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 Cumulative Remedies .............................................. 00700-42 17.04 Survival of Obligations ............................................. 00700 - 42 17.05 Controlling law ................................................. 00700 -42 I (1)1Cm 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. 11. Contract --The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents --The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. .:'w':' nil I I I1 I I I 1 I 1 I 1.1 I I I I I I I I 16. Cost of the—Worh--See paragraph 11.01.A for definition. 17. Drawings —That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER --The individual or entity named as such in the Agreement. 20. ENGINEER's Consultant —An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21. Field Order —A written order issued by ENGI- NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements —Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone —A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER —The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. _ 32. PCBs --Polychlorinated bipbenyls. 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. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings —All drawings, diagrams, illustra- tions, schedules, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications --That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work —The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment —A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The I use of any such term or adjective shall not be effective to ARTICLE 2 - PRELIMINARY MATTERS 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 2.01 Delivery of Bonds provisions of paragraph 9.1001 any other provision of the Contract Documents. A. When CONTRACTOR delivers the executed ' Agreements to OWNER, CONTRACTOR shall also deliver B. Day to OWNER such Bonds as CONTRACTOR may be required to furnish. II. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. IC. 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 Die requirements of any inspection, reference standard, test, or approval referred Ito in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been ' assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection • with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, 'or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used ' in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Documents, ' words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. 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), Li t t tit t, I I I C I I except as may be otherwise specifically stated in the Contract •Docuunents. 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 I C I 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 tide to or ownership rights in any of the Drawings. Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 00700-11 I B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- ments; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differirtg.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; of 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, perfor- mance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. I I I I I H I I I I I C I I LI I I I I I I LI 1, Li H Li 11 and data, 1 2. CONTRACTOR shall not be entitled to any adjustment in the Contract 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 b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property 00700-13 monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site • A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such. "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CON- TRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immedi. ately: (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 .1 1 1 1 I I I I Ii 11 I I I I Li 1J I Li I I I I C J in this paragraph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any -individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.0l.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 00700- 15 I 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance -so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under para- graphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance A. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identi- fied in the Supplementary Conditions, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); I I I I I I I I I C I I 11 00700-16 I 11 I 11 I I I I I I I I 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certifi- cate of insurance has been issued. B. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. OWNER shall not be responsible for purchasing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR. Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRAC- TOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of, or resulting from fire or other peril whether or not insured by OWNER; and 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after Substantial Completion 00700-17 pursuant to paragraph 14.04, or after final payment pursuant to paragraph 14.07. C. Any insurance policy maintained by OWNER cover- ing any loss, damage or consequential loss referred to in paragraph 5.07.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 parry 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. 11 I I I C C I I I I I I I 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 Saturday. Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Docu- ments. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable 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 00700-19 I 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 for review by ENGINEER will be as set forth in paragraph 6.05.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. - The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the pro- posed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indi- rectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the pro- posed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGI- NEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proce- dure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or. an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTR4CTOR'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 6.06.8), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or ' 00700-20 TI I I 11 I I I. II 111 1 I 71 I I I I 1 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 [thIt516h1 I 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 H I I I H I I I Li I I I C 00700-22 I I I I I I 1 I I 1 I 1 I I 1 I I. 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 -is 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 I 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 F` 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 1 1 1 1 1 I I I a 1 I as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 1. observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any pan 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. I ARTICLE 7- OTHER WORK 7.02 Coordination A. If OWNER intends to contract with others for the 7.01 Related Work at Site performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other 1. the individual or entity who will have authority direct contracts therefor, or have other work performed by and responsibility for coordination of the activities among utility owners. If such other work is not noted in the Con- the various contractors will be identified; tract Documents, then: 2. the specific matters to be covered by such 1. written notice thereof will be given to CON- authority and responsibility will be itemized; and TRACTOR prior to starting any such other work; and 3. the extent of such authority and responsibilities 2. if OWNER and CONTRACTOR are unable to will be provided. agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times B. Unless otherwise provided in the Supplementary that should be allowed as a result of such other work, a Conditions, OWNER shall have sole authority and respon- Claim may be made therefor as provided in paragraph sibility for such coordination. 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. ARTICLE 8- OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations I 11 I I I 1J I I I I I I [t:tYZi516�b1 I I I I I E 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, inrespect to pur- chasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspec- tions, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have 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 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 ' responsibility in respect thereof will be as set forth in the Work. Supplementary Conditions. 9.03 Project Representative 1, I I A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another 00700-27 I representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may deter- mine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRAC- TOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Anicles 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 I J I U El Ll El El I Ii I 11 I I I I 11 I 11 [1 I I I I I I 11 I I 11 I or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees. Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER'S Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under para- graph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 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 parry to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.8. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. `Each Claim shall be " accompanied by claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's. written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unem- ployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 00700-30 1 I I I I C1 Li I 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment. machinery, appliances, office, and temporary facili- ties at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, ma- chinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON- TRACTOR is liable, imposed by Laws and Regu- lations. e. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.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 11.01.A.I or specifically covered by paragraph 11.0l.A.4, all of which are to be 00700-31 I considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and I1.01.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 I I.01.A and 11.01.11, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allow - ances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agree- ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. I I I I I I I I I I I I I IF 00700 -32 I ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other parry to the Contract in accor- ' dance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit ' prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); ' or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or ' 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agree- ' went to a lump sum is not reached under paragraph 12.0l.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee ' for overhead and profit shall be determined as follows: I. 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 ' I1.01.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 12.0l.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.I and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.0I.A.5, and 11.01.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.ol.C.2.a through 12.01.C.2.e, inclu- sive. 12.02 Change of Contract fames A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by 00700-33 I 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 CONIRACTOR'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. LI I I I I I I Li I I I I 1 I 00700-34 H I I I I J Li I I I I n 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 pan 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 I item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required.by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, con- struction equipment and machinery at the Site, and incorpo- rate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment. OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. I I I I L I I I I L 17 I I I B. In exercising the rights and remedies under this paragraph. OWNER shall proceed expeditiously. In ' I I I I I I I I I I I I I 14.02 Progress Payments 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 parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recom- mending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CON- TRACTOR's failure to comply with Laws and Regu- lations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or 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, J 00700-37 I revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in para- graph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recom- mendation, the amount recommended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or fur- nishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. 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- I I I I I I I I II b 11 1 Lip LI [1 00700 - 38 I I I I I I I I I II j I I I iH I I I ties pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such pan of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER. CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that pan of the Work to be substantially complete. ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all main- tenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such' a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. 00700-39 L 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 andaccompanying 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 1 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 ' 00700-40 I 1l I I I I I [1 I I I I I I I I the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case. CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. TI 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): 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 falls 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 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and 16.01 Methods and Procedures 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 A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 00700 - 4l 1J ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. I I I Li I I1 Hi [l I IT [1 I I 00700-42 I 11 I I LIST OF SUBJECTS Section 00800 SUPPLEMENTARY CONDITIONS SC -1.01 Defined Terms SC -2.02 Copies of Documents ' SC -2.05.B Preliminary Schedules: SC -2.05.C Evidence of Insurance: SC -4.02 Subsurface and Physical Conditions ' SC -4.04 Underground Facilities SC -5.01 Performance, Payment, and Other Bonds SC -5.02 Licensed Sureties and Insurers SC -5.03 Certificates of Insurance SC -5.04 CONTRACTOR's Liability Insurance SC -5.04.B.1 Identification of Additional Insureds ' SC -5.04.B.5 Notice of Cancellation of Liability Insurance SC -5.05 OWNER's Liability Insurance SC -5.06 Property Insurance '• SC -5.08 Receipt and Application of Insurance Proceeds SC -6.04 Progress Schedules SC -6.08 Permits • SC -6.09 Laws and Regulations • SC -6.19 CONTRACTOR's General Warranty and Guarantee SC -7.01 Related Work at the Site ' SC -7.03 Separate Contractor Claim SC -8.06 Insurance SC -9.03 Project Representative ' SC -10.06 Authority for Changes in the Work SC -11.03 Unit Price Work SC -12.03 Delays Beyond CONTRACTOR's Control '• SC -14.02 Progress Payments SC -14.02.B Review ofApplications SC -14.02.C Payment Becomes Due ' SC -14.04 Substantial Completion SC -14.05 Partial Utilization I I 1l I Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00800-1 These Supplementary Conditions amend or supplement the Standard General Conditions of the ' Construction Contract (EJCDC No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. Paragraph numbers in these Supplementary Conditions correspond to the paragraph numbers in the General Conditions, except with the designation "Sc,. SC -1.01 Defined Terms , The terms used in the Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) have the meanings assigned to them in the General Conditions. In addition to the provisions of paragraph 1.01, the following supplemental definitions apply: "1.01.30. "OWNER"shall mean the City Of Fayetteville, Arkansas, acting through its duly authorized representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701." Add the following definitions to paragraph 1.01 of the General Conditions: "1.01.51. "Surety" or "sureties" shall mean the bondsmen or party or parties who have made the fulfillment ' of the contract by Bonds, and whose signatures are attached to such Bonds. 1.01.52. "Advertisement" shall mean the legal publications pertaining to the work of this contract. 1.01.53. "Plans" shall mean, collectively, all of the Drawings pertaining to the contract and made a ' part thereof, and also such supplementary drawings as Engineer may issue from time to time in order to clarify the Drawings, or for the purpose of showing changes in the work as authorized under the General Requirements, or for the showing of details which are not shown thereon. 1.01.54. "Grade" shall mean and indicate the established elevations of the paving, flow lines of sewers and other appurtenances as shown on the Drawings." SC -2.02 Copies of Documents Delete paragraph 2.02.A of the General Conditions in its entirety and insert the following in its place: , "A. ENGINEER shall furnish to CONTRACTOR six (6) bound copies of the Agreement and other Contract Documents, the Bond or Bonds properly executed. CONTRACTOR shall execute the Agreement and submit all copies to the OWNER for execution. The date of contract on the Agreement, Bond forms, and power of attorney shall be left blank for filling in by OWNER. These documents will be dated the day the OWNER executes the contract. , OWNER shall furnish to CONTRACTOR up to four (4) copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction." I I Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00800-2 Li I I I I I I I I1 I I I I SC -2.05.B. Preliminary Schedules: Add the following to the end of paragraph 2.05.8.3 of the General Conditions: 'The unit prices provided by CONTRACTOR in the Bid Form shall serve as the basis of the Schedule of Values. Additional subdivision of unit price or lump sum items shall be made as reasonably requested by ENGINEER or as required to verify progress payments for Unit Price Work that will take place over several progress periods." SC -2.05.C. Evidence of Insurance: Delete all references to OWNER supplied and OWNER delivered insurance. SC 4.02 Subsurface and Physical Conditions Some subsurface investigation has been conducted within the project site area, and ENGINEER has used some of the technical data related to subsurface and physical conditions in the preparation of Drawings and Specifications. SC -4.04 Underground Facilities Add a new paragraph 4.04.B.3 immediately following paragraph 4.04.8.2 of the General Conditions which shall read as follows: "3. Paragraphs 4.04.8.1 and 4.04.B.2 do not apply to Underground Facilities that are being relocated by others as part of the Project. OWNER does not control the schedule of the owners of those Underground Facilities, and cannot determine whether those Underground Facilities will be relocated prior to, simultaneous to, or after the Work under these Contract Documents. CONTRACTOR shall advise ENGINEER of Underground Facilities have been relocated, but may not make a claim for changes in the Contract Price or Contract Times as a result of any such relocation. If the relocation of Underground Facilities presents an obstacle to the Work continuing, CONTRACTOR shall inform OWNER and ENGINEER of the obstacle, and ENGINEER will determine if a change in the Work is required. If the change in the Work results in a change in the quantity of Unit Price Work, CONTRACTOR will be paid for the actual Unit Price Work installed." SC -5.01 Performance, Payment and Other Bonds Delete paragraph 5.01.C of the General Conditions in its entirety and insert the following new paragraph in its place: "C. If at any time a surety on any such Bond is declared bankrupt or loses its right to do business in the State of Arkansas or is removed from the above list of surety companies, the CONTRACTOR shall within ten (10) days after notice from the bond company that conditions are as described in this sentence and/or after notice from the OWNER to do so, substitute an acceptable Bond or Bonds in such form and sum and signed by other surety or sureties as may be satisfactory to the OWNER. The premiums on such Bonds shall be paid by CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable Bond to the OWNER." Add the following new paragraphs immediately after paragraph 5.01.C of the General Conditions which Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00800-3 I read as follows: , "D. ResidentAgent: CONTRACTOR shall furnish performance and payment Bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said Bonds, and filing with such Bonds his power -of -attorney. The mere countersigning of the Bonds by a resident agent shall not be , sufficient. E. CONTRACTOR shall include provisions in bonds which will guarantee the faithful performance of the prevailing hourly wage clause as required by the Arkansas Prevailing Wage Law, Arkansas Code Annotated § 22-9-308(d). F. Additional Information: CONTRACTOR shall provide the Bonds as described in these sections , within ten (10) days after the receipt of a Notice of Selection. For contracts in excess of $100,000 the Bonds shall be issued by a bonding company listed by the A.M. ' BEST Rating Book as follows: (1) contracts in excess of $100,000, but less than $1,000,000 - "B+" rating or higher and contract amount may not exceed 2.0 percent of the policyholder's surplus. (2) contracts in excess of $1,000,000 - "A" rating or higher and contracts may not exceed 2.0 percent of ' the policyholder's surplus. The expense of all Bonds shall be borne by CONTRACTOR." ' SC -5.02 Licensed Sureties and Insurers Add the following new paragraphs immediately after paragraph 5.02.A of the General Conditions which read as follows: "B. CONTRACTOR shall furnish performance and payment Bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said Bonds, and filing with such Bonds his power -of -attorney. The mere countersigning of the Bonds by a resident agent shall not be sufficient. • C. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not authorized to do business in the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas." SC -5.03 Certificates of Insurance Delete the second sentence of paragraph 5.03.A ("OWNER shall deliver to Contractor...") in its entirety. L Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00800-4 I I ISC -5.04 CONTRACTOR's Liability Insurance ' The limits for liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Workers Compensation, etc. under paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions: II) State: Statutory 2) Applicable Federal: Statutory 3) Employer's Liability: $100,000.00 each occurrence ' Comprehensive General Liability Insurance, under paragraphs 5.04.A.3 through 5.04.A.5 of the General Conditions: ' $1,000,000.00 Combined Single Limit $2,000,000.00 General Aggregate $2,000,000.00 Completed Operations Aggregate $1,000,000.00 Excess Umbrella Policy ' Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment exclusion deleted and broad form property damage. ' Comprehensive Automobile Liability under paragraph 5.04.A.6 of the General Conditions: I I H I I I I n (1) Bodily Injury: 111 111 11 111 111 11 (2) Property Damage: $500,000.00 or $2,000,000.00 Each person Each occurrence Each occurrence Combined Single Limit SC -5.04.B.1. Identification of Additional Insureds Additional insureds with respect to insurance required by paragraph 5.04 of the General Conditions shall include: the City of Fayetteville, Arkansas (OWNER and ENGINEER). SC -5.04.B.5. Notice of Cancellation of Liability Insurance Add the following language at the end of paragraph 5.04.B.5 of the General Conditions: "any wording such as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the [insurance] Company" shall be deleted from the policies and insurance certificates." 1I Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00800-5 I L SC -5.05 OWNER's Liability Insurance Delete paragraph 5.05 of the General Conditions in its entirety and insert the following in its place: "5.05 OWNER's and ENGINEER's Contingent Protective Liability Insurance A. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all losses and claims, demands, payments, suits, actions, recoveries, judgments of every nature and description brought or recovered against them by reason of omission or act of CONTRACTOR, his agent(s), employees, Subcontractor, Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, in the execution of the Work or guarding of it. CONTRACTOR shall obtain in the name of OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less that $2,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect OWNER and ENGINEER from contingent liability under this contract. SC -5.06 Property Insurance Delete paragraph 5.06.A of the General Conditions in its entirety and insert the following in its place: "A. CONTRACTOR shall purchase and maintain, until final payment, property insurance upon the Work at the site to the full insurable value thereof (subject to deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the total bid price. This insurance shall include the interest of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom shall be listed as insured or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all-risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all-risk" insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an application for payment. The polices of insurance required to be purchased and maintained by the CONTRACTOR in accordance with this paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to the OWNER by certified mail and will contain wavier provisions in accordance with General Condition paragraph 5.07.$" Delete paragraph 5.06.B of the General Conditions in its entirety and insert the following in its place: "B. CONTRACTOR shall protect OWNER against all loss during the course of the contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by CONTRACTOR to protect OWNER against all losses, CONTRACTOR shall be responsible for the determination of and procurement of any additional insurance needed." Delete paragraph 5.06.C of the General Conditions in its entirety and insert the following in its place: Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00800-6 1 I I IL_ I I I I I I I I I I I "C. Policies shall also specify that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to OWNER or ENGINEER. All polices will provide for 30 days written notice (certified mail shall be required) prior to any cancellation or non -renewal of insurance policies required under the Contract. Any such wording as "will ' endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company..." shall be deleted from the policies and certificates." ' Delete paragraph 5.06.E of the General Conditions in its entirety. ' SC -5.08 Receipt and Application of Insurance Proceeds Delete paragraph 5.08 of the General Conditions in its entirety. SC -6.04 Progress Schedules Add a new paragraph 6.04.A.3 immediately following paragraph 6.04.A.2 of the General Conditions ' which shall read as follows: "3. An updated schedule, in the format specified in the Specifications, shall be required with each ' submittal for progress payment by CONTRACTOR. Failure to provide an accurate schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to CONTRACTOR." SC -6.08 Permits Add a new paragraph 6.08.8 immediately after paragraph 6.08.A of the General Conditions which shall read as follows: "B. CONTRACTOR shall obtain, and maintain on the job -site, an NPDES Storm Water Discharge Permit, if needed, from the NPDES Branch of the Water Division of the Arkansas Department of Environmental Quality (ADEQ). CONTRACTOR shall request the necessary forms and instructions by writing to the following address: ' Arkansas Department of Environmental Quality NPDES Branch, Water Division ' 8001 National Drive P.O. Box 8913 Little Rock, Arkansas 72219-8913 Phone 501-682-0628 I I I Broyles Road Extension October 20, 2003 'City of Fayetteville Engineering Division Page 00800-7 I SC -6.09 Laws and Regulations I Add a new paragraph 6.09.D immediately after paragraph 6.09.C of the General Conditions which shall read as follows: "D. If applicable, all wages paid shall be in accordance with the Arkansas Prevailing Wage Law, Arkansas Code Annotated §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder for the construction of public works projects, where the cost of all labor and material exceeds seventy-five thousand dollars ($75,000). Wages shall not be less than those established by the Arkansas Department of Labor Prevailing Wage Determination." SC -6.19 CONTRACTOR's General Warranty and Guarantee Add a new paragraph 6.19.C immediately after paragraph 6.19.B of the General Conditions which shall read as follows: "C. For a period of two (2) years, or longer if specified by special guarantees or by law, 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 under this contract, and pay for any damage to other works or property resulting from such defects. The CONTRACTOR shall submit a Maintenance Bond in the amount of 100% of the total project construction cost to the ENGINEER to cover the above specified two year warranty period. 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 two (2) year warranty period will be as decided by the ENGINEER and will be either the date of the ENGINEER's recommendation for Final Payment in accordance with paragraph 14.07.B, Review ofApplication and Acceptance, or the date of Substantial Completion as specified in paragraph 14.04. CONTRACTOR shall make all repairs or replacements promptly upon receipt of written order for the repairs or replacements from OWNER. If the CONTRACTOR fails to make the repairs or replacements promptly, OWNER may perform the work and the CONTRACTOR and the CONTRACTOR's Surety shall be liable for all costs thereof." SC -7.01 Related Work at the Site Delete paragraph 7.01.A of the General Conditions in its entirety and insert the following in its place: "A. The Work is part of a Capital Improvements Program. As a result of the City's proposed improvements, additional right-of-way and/or easements may or may not be obtained by the City. Some utilities in the area may have to undertake various relocation and demolition in the Project area. Known utilities being required to relocate are water and some sewer. The known scope of each of these is indicated in the Summary of Work. However, OWNER and ENGINEER do not have all information concerning the proposed relocations of other utilities, nor is the proposed schedule for relocating these utilities known. Also, OWNER and ENGINEER cannot be certain that each and every utility requiring relocation has been identified as to type and owner. It is likely that conditions at the site could vary according to work done by other utility owners prior to the start of the Work under these Contract Documents. CONTRACTOR shall have no right to make a claim for changes in the Contract Price or Contract Time as a result of the work of other utility owners being done by those owners as a result of ' this Project, other than the right for additional quantities of Unit Price Work, if applicable." Delete the first sentence of paragraph 7.01.8 of the General Conditions and insert the following sentence Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00800-8 I in its place: "B. CONTRACTOR shall afford each utility owner and proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs." Delete the last sentence of paragraph 7.01.B of the General Conditions in its entirety. ' SC -7.03 Separate Contractor Claim Add a new paragraph 7.03 immediately after paragraph 7.02 of the General Conditions which shall read as follows: "7.03 Separate Contractor Claim ' A. Should CONTRACTOR cause damage to the Work or property of any separate contractor (or separate party) at the site, or should any claim arising out of CONTRACTOR'S performance of the ' Work at the site be made by any separate contractor (or separate party) against CONTRACTOR, OWNER or ENGINEER, or any such person, CONTRACTOR shall promptly attempt to settle with such other separate contractor (or separate party) by agreement or otherwise resolve the dispute by ' arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees and charges of engineers, architects, attorneys and other ' professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor (or separate party) against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. ' Should a separate contractor (or separate party) cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor (or separate party) at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against them to be maintained and continued in CONTRACTOR'S name for benefit in any court or before any arbitrator which seeks to impose liability on, or recover damages from OWNER or ENGINEER on account of such damage or claim: If ' CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor (or separate party) and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for Ian extension of time in accordance with Article 12 of the General Conditions. An extension of the Contract Time shall be the CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor (or separate party). This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective contractual responsibilities." ' SC -8.06 Insurance Delete paragraph 8.06 of the General Conditions in its entirety. ISC -9.03 Project Representative ' Paragraph 9.03 of the General Conditions is herein modified to include the furnishing of a Resident Project Representative by ENGINEER. The responsibilities and authority and limitations thereon of the Broyles Road Extension October 20, 2003 ICity of Fayetteville Engineering Division Page 00800-9 I Resident Project Representative are as provided in paragraph 9.10 of the General Conditions. SC -10.06 Authority for Changes in the Work Add a new paragraph 10.06 immediately following paragraph 10.05 of the General Conditions to read: "10.06 Authority for Changes in the Work A. CONTRACTOR shall note and abide by the following limits of authority of OWNER and ENGINEER for changes in the Work which require a change in the Contract Price or Contract time. Except in the case of extreme emergency to protect public safety, public welfare or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall apply: Engineer's Representative - No authority. Engineer - No authority. Mayor — Up to the contingency amount. I I L L I I All accumulative changes which result in Contract Price changes in excess of the contingency amount shall require the formal approval of the Fayetteville City Council. SC -11.03 Unit Price Work Paragraph 11.03.C of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: "C. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: 1. if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and 2. if there is no corresponding adjustment with respect to any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof;. or 4. if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price; then 5. either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 of the General Conditions if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." I L L I L I I I L I Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00800-10 I ' SC -12.03 Delays Beyond CONTRACTOR'S Control ' Delete the words "abnormal weather conditions" from the second sentence of paragraph 12.03.A of the General Conditions, and add the following sentences at the end of paragraph 12.03.A: ' "Contractor will be allowed delays for weather conditions, based on the concurrence of Contractor and Owner or Engineer, for two circumstances: 1) isolated inclement weather, wherein the project site is determined to be unworkable for days of precipitation and days following for short times between ' otherwise good weather; and 2) sustained inclement weather, wherein the project site is determined to be unworkable for a sustained period of time, such as the winter months, with only an occasional working day within the sustained unworkable conditions. If Contractor believes either condition applies, a ' request shall be made to Engineer or Owner for a site meeting and a joint determination of the site conditions and approval of the delay. Engineer will catalog these approved delays, and will incorporate them into a Change Order for signature of Owner and Contractor." SC -14.02 Progress Payments ' Paragraph 14.02.A of the General Conditions is hereby deleted in its entirety and the following substituted in its place: "A. Applications for Payments 1. Monthly estimates will be prepared to include all work accomplished for the period ending the third Friday of each month, or 2. Progress payments will be prepared at regular intervals, as scheduled by joint consent of CONTRACTOR and ENGINEER at the pre -construction conference. 3. ENGINEER, based upon data gathered during the construction process, will make an estimate ' of the value of the Work done and materials furnished in place during the previous estimate period. CONTRACTOR shall furnish to ENGINEER such detailed information including invoices from material suppliers as ENGINEER may request to aid in the preparation of the progress payment ' estimate. All payment requests are subject to retainage as indicated in the Agreement. If OWNER or ENGINEER shall at any time fail to make CONTRACTOR a monthly estimate at the time herein specified, such failure shall not be held to violate or void the contract. Note that the failure of CONTRACTOR to provide an accurate and current schedule update shall be reason to reject CONTRACTOR'S request for progress payment. ' 4. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation ' warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. 5. The amount of retainage with respect to progress payments will be as stipulated in the ' Agreement." Broyles Road Extension October 20, 2003 ICity of Fayetteville Engineering Division Page 00800-11 L SC -14.02.B. Review ofApplications Insert the following new paragraphs 14.02.B.5.c and 14.02.B.5.d to paragraph 14.02.8.5 of the General Conditions, as additional reasons for ENGINEER to reduce CONTRACTOR's request for progress payment, and renumber paragraphs 14.02.B.5.c and 14.02.B.5.d as 14.02.B.5.e and 14.02.B.5.f: "c. liability for liquidated damages has been incurred by CONTRACTOR; t d. CONTRACTOR has failed to maintain record documents as required by paragraph 6.12;" ' SC -14.02.C. Payment Becomes Due Delete paragraph 14.02.C.1 of the General Conditions and replace with the following: ' "1. After the required internal reviews and processing by OWNER, OWNER will diligently proceed to make payment to CONTRACTOR, in accordance with the approved payment request, within 30 days: All efforts will be made to make payments within the 30 day period, but OWNER cannot guarantee the 30 days maximum time." ' SC -14.04 Substantial Completion The following shall be added at the end of paragraph 14.04.A of the General Conditions: 'The Work will be considered substantially complete when the following work items are complete and ready for continuous use by the OWNER: The proposed water line has been properly installed, inspected, tested, and passed all testing aspects. All drainage structures have been properly constructed, inspected and approved for use. All pavement work has been completed, along with appurtenant items such as curb & gutter, ' sidewalks, pavement markings, and signage. CONTRACTOR has essentially completed the record documents required by paragraph 6.12, and, in ' ENGINEER's judgment, these are accurate and complete and will be ready for delivery to OWNER prior to Final Payment being made. The following items need not be completed for the Work to be considered substantially complete: Final cleanup of project area and final dressing of grassy/earthen areas behind curbs. Determination of quality of growth resulting from sodding and seeding & mulching. Other minor items identified for correction on the final punchlist." I Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 00800-12 I tSC -14.05 Partial Utilization ' Insert the following new paragraphs 14.05.A.2 and 14.05.A.3 in the General Conditions, and renumber existing paragraph 14.05.A.2 as 14.05.A.4: 2. Any portions of the pipeline work may be considered substantially complete, prior to the entire project being substantially complete, if the OWNER may take over continuous operation of that part of the Work. Such part of the Work shall only be considered by ENGINEER for partial utilization if no further connections must be made to it, and no further interruptions in service due to other parts of the Work can reasonably be anticipated. I 3. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, ' CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ' ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected before final payment. ENGINEER will furnish OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work." IEnd of Section 00800 H I I I rl I Broyles Road Extension October 20, 2003 'City of Fayetteville Engineering Division Page 00800-13 I Section 01010 C I I SUMMARY OF WORK Part 1 - GENERAL 1.1 SECTION INCLUDES A. Project Scope B. Work by Others C. Work Sequence D. Contractor Use of Premises I Li u J I I TI J J I I 1.2 CONTRACT SCOPE A. The work generally consists of the construction of 1,400 LF of 12" waterline and 1,320 LF of a 28' wide street with curb & gutter, aggregate base, asphalt binder, and asphalt surfacing with associated earthwork, drainage pipes, drainage structures, pavement markings, signage and all items indicated in the Drawings and Specifications. 1.3 WORK BY OTHERS A. No work by others is anticipated for this project. 1.4 CONTRACTOR'S USE OF PREMISES A. Contractor will be limited to the areas obtained as rights -of -way or easements within the project. B. Contractor may obtain additional construction easements from property owners for Contractor's convenience. C. No work shall begin until all agency approvals, easements, and required permits are obtained. Note that work on this project takes place within the City of Fayetteville. The Contractor shall comply with all facets of the city's drainage ordinance. The Contractor shall comply with the requirements of the Federal Clean Water Act and the Arkansas Water and Air Pollution Control Act 472. In case of conflict between these regulations, orders, or decrees and other provisions, the restrictive requirements shall apply. If the project area to be disturbed if 1 acre or greater, the National Pollutant Discharge Elimination System (NPDES) requires a permit to discharge storm water associated with industrial activity of construction sites into the waters of the United States. The Arkansas Department of Environmental Quality (ADEQ) issues the permits. The Contractor shall furnish the Engineer a copy of the Notice of Intent, if a permit is required. Broyles Road Extension September 20, 2003 City of Fayetteville Engineering Division Page 01010-1 I 1.5 WORK SEQUENCE A. Identify and locate all underground and above ground utilities in the project area. Determine the elevations of these lines at any conflict area. Use the local datum provided by the City to establish elevations. Submit these elevations in order that the Engineer may adjust any elevations and/or grades, as necessary. B. The Contractor shall provide his sequence of construction for the various items that involve either existing and/or potential relocated utilities to the Engineer for his review. This schedule shall have the least negative impact on the adjacent property owners and provide an orderly sequence that will produce the least disruptive action for utilities and their customers. The Contractor shall coordinate with other utilities and/or their contractors to provide orderly sharing of the site and schedule of activities to best continue the progress of the Work. C. The Contractor shall provide all necessary traffic control devices for maintenance of traffic during construction in accordance with the "Manual on Uniform Traffic Control Devices", latest revision. I I I I C I D. The Contractor shall establish work schedules and work areas for construction of roadway, signal related work, and pavement markings. Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01010 Broyles Road Extension September 20, 2003 City of Fayetteville Engineering Division Page 01010-2 C I I I I I I I I I I I I I 1 I n I Section 01025 MEASUREMENT AND PAYMENT PART] -GENERAL 1.1 SECTION INCLUDES: A. Delineation of measurement and payment criteria applicable to Unit Price Work, whether the unit price items are part of a unit price contract or are part of a Stipulated Price contract. B. Defect assessment and non-payment for rejected work. 1.2 AUTHORITY A. Measurement methods are delineated for each individual bid item, or for a group of similar items, under this section. B. Engineer will take all measurements and compute quantities accordingly. C. Assist by providing necessary equipment, workers, and survey personnel as required. 13 UNIT QUANTITIES SPECIFIED A. Quantities and measurements indicated in the Bid Form are for bidding and contract purposes only. Quantities and measurements supplied or placed in the Work and verified by Engineer shall determine payment except those items of work that will be paid based on plan quantities.. B. If the actual Work requires more or fewer quantities than those quantities indicated, provide the required quantities at the unit prices contracted. 1.4 MEASUREMENT OF QUANTITIES A. Measurement by Weight: Items measured by weight will use specified standard handbook weights unless otherwise specified in this section for an individual item. B. Measurement by Volume: Measured by cubic dimension using mean length, width and height or thickness with survey chain or a steel tape. C. Measurement by Area: Measured by square dimension using mean length and width or radius, with survey chain or steel tape. D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord, with survey chain or steel tape. E. Individual Item Measurement: Items to be paid for "each" unit furnished and installed shall be counted by Engineer. 1.5 PAYMENT IA. Payment Includes: Full compensation for required labor, Products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit. B. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1 Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-1 I 1.6 DEFECT ASSESSMENT ' A. Replace the Work, or portions of the Work, not conforming to specified requirements. B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, Engineer will direct that the defective Work will be repaired to the satisfaction of Engineer, and the unit price will be adjusted to a new price at the discretion of Engineer. C. The authority of Engineer to assess the defect and identify payment adjustment is final. 1.7 NON-PAYMENT FOR REJECTED. PRODUCTS A. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from the transporting vehicle. 4. Products placed beyond the lines, levels or boundaries of the required Work. 5. Products remaining on hand after completion of the Work. 6. Loading, hauling and disposing of rejected Products. 1.8 INCIDENTAL ITEMS A. General - Items indicated as incidental to a particular payment item are considered an•integral part of 1 that payment item, and will not be measured or considered in determining payments. B. Safety - Safety is considered as incidental to every payment item, except for excavation safety, which is a separate bid item. C. Testing - Testing of installed work required by the specifications to be completed by Contractor is incidental to any item included in the unit or system being tested. Retesting after corrective action to Work initially found to be defective is incidental to the item. D. Excess Excavation - Excess excavation is generally incidental to the payment item, except where Engineer has indicated that an excavation be expanded due to subsurface conditions. Excess excavation undertaken by Contractor to stabilize the trench bottom or walls, where dewatering or shoring would be suitable to correct trench conditions, will not be paid. Excess excavation includes backfilling with approved material as specified or as indicated on the Drawings. E. Miscellaneous - clean-up, project closeout, project record documents, and all costs not directly mentioned in this section are considered as incidental to the Work. 1.9 PAYMENT ITEMS A. Mobilization (Pay Item 1) 1. Description - The preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of the Contractor's offices, buildings, and other facilities necessary to undertake the work on the project. This item shall also include other work and operations that must be performed, or for expenses incurred, before beginning work on the various Contract items on the project site such as all expenses associated with the filing for the appropriate permit with all governing agencies. In no case shall the amount bid for the item of "Mobilization" exceed 5% of the total contract amount for all other items listed in the proposal. • 2. Incidental Items - It shall also include pre -construction costs which are necessarydirect costs to Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-2 I ' the project and are of a general nature rather than directly attributable to other pay items under the Contract. 3. Related Items - None. 4. Units and Measurement - Paid as lump sum. 5. Partial Payment Provisions - Allowable partial payments will be based on the percentage of the original Contract earned exclusive of the item of Mobilization according to the following ' schedule: Percentage of Original Percentage of Bid Price Contract Amount Earned for Mobilization Allowed First Progress Estimate 25 ' 10 50 25 100 B. Construction Staking (Pay Item 2) 1. Description - Furnish and maintain all lines, grades, and measurements necessary for the proper execution of the project, all according to the Drawings and Specifications, commonly called "construction staking". 2. Incidental Items - Furnish all labor, stakes, templates, straightedges, surveying equipment, and other devices and materials necessary for establishing, setting, checking, marking, and maintaining points, lines, grades, and layout of the work called for on the Drawings and in the Specifications. 3. Related items - The City shall set temporary bench marks and centerline roadway staking. City shall set all P.1.'s, P.C.'s, and P.T.'s for construction. ' 4. Units and Measurement - Paid as lump sum. 5. Partial Payment Provisions - Allowable partial payments will be based on the percentage of the original Contract completed. C. Excavation Safety (Pay Item 3) 1. Description - Compliance with provisions of the Arkansas Excavation Safety Act, including management practices, construction techniques, personnel training, supervision, excavation site staffing, and other provisions required by Act 291 of 1993 and 29 CFR 1296 Subpart P. 2. Incidental Items - Any reporting required of the Contractor by Federal or State agencies is Iincidental. 3. Related Items - None. ' 4. Units and Measurement - Paid as a lump sum. 5. Partial Payment Provisions - To be paid as a percentage of the amount bid, in proportion to the ratio of all other items included in a pay request to the total Contract Price. D. Clearing and Grubbing (Pay item 4) 1. Description - Cutting & removal of trees, brush, and other objectionable growth; removal & disposal of logs, rubbish piles, and other objectionable matter; grubbing & removal of all stumps, roots, and other objectionable matter, regardless of the proposed fill height. Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-3 I 2. Incidental Items - Incidental items include furnishing all equipment, materials, and labor required 1 to complete the work, and protection of adjacent trees which are not to be removed. 3. Related Items - Tree Protection Fencing shall be paid for under a separate pay item. 1 4. Units and Measurement - Payment shall be lump sum. 5. Partial Payment Provisions - No partial payment will be made for this item. E. Sawcut -Asphalt (Pay Item S) F. Description - Sawcut of existing asphalt surfaces and curb & gutter. 2. Incidental Items - Furnishing all equipment, materials, and labor necessary to complete the various items of this work. 3. Related Items — Removal of asphalt and curb & gutter is considered incidental to Unclassified Excavation pay item. 4. Units and Measurement - Payment shall be at the unit price per linear foot of item sawcut as indicated in the Bid Form. Partial Payment Provisions - No partial payment will be made for this item. 24"Bore (Pay Item 6) 1. Description — Installation of a 24" dry bore complete with 24" steel encasement, steel spacers, end caps, and appurtenances as shown on the plan details and specifications. 2. Incidental Items - Furnishing all equipment, materials, and labor necessary to complete the various items of this bid item. 3. Related Items — The 12" PVC waterline to be installed through the encasement will be paid under a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per linear foot of item installed as indicated in the Bid Form. 5. Partial Payment Provisions - No partial payment will be made for this item. G. 8"x 8"Tap with Valve (Pay Item 7) 1. Description — Furnish and install tapping sleeve assembly including tapping valve and perform tap of existing waterline. 2. Incidental Items — Incidental Items include excavation, backfill, bedding, pipe connections, polyethylene encasement, thrust blocks, equipment, labor, and materials necessary to complete the work. 3. Related Items — The PVC waterline to be paid under a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per tap furnished, installed, and accepted by the Engineer. 5. Partial Payment Provisions - No partial payment will be made for this item. H. Fire Hydrant Assembly (Pay Item 8) 1. Description — Furnish and install fire hydrant complete with six-inch gate valve, swivel adapters, and 8" x 6" ductile iron tee. 2. Incidental Items — Incidental Items include excavation, backfill, bedding, pipe connections, drainage rock, polyethylene encasement, thrust blocks, equipment, labor, and materials necessary 11 I I I I I I 1 I I Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-4 I I to complete the work. ' 3. Related Items — No related items for this item. 4. Units and Measurement - Payment shall be at the unit price per fire hydrant assembly furnished, installed, and accepted by the Engineer. 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into this work, as approved by Engineer. L Ductile Iron Fittings (Pay item 9) 1. Description — Furnish and install all ductile iron tees, bends, caps, and other fittings as indicated I. on the Drawings or needed to accomplish the required construction. 2. Incidental Items — Incidental Items include excavation, backfill, bedding, gravel, concrete thrust blocks, equipment, labor, and materials necessary to complete the work. 3. Related Items - Waterline pipe and appurtenances are paid for under separate items. All fittings for the fire hydrant assembly will be paid for under separate item. 4. Units and Measurement - Payment shall be at the unit price per pound of fittings furnished, installed, and accepted by the Engineer. 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet J. incorporated into the work, as approved by Engineer. Twelve inch PVC C900 (DR -14) (Pay Item 10) 1. Description — Furnish and install PVC pipe including trenching, backfill, bedding, dressing, and equipment, labor, and materials necessary to complete this work. 2. Incidental Items — Incidental Items include excavation, backfill, bedding, dressing, trace wire, I. detection tape, equipment, labor, and materials necessary to complete the work. 3. Related Items — Ductile Iron fittings to be used with water pipe will be paid under separate item 4. Units and Measurement - Payment shall be at the unit price per linear feet of water pipe furnished and in place, and accepted by Engineer measured from center to center of fittings and valves to the nearest foot. 1 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into the work, as approved by Engineer. E. 24"Steel Encasement (Pay Item 11) I. Description — Installation of a 24" steel encasement complete with steel spacers, end caps, and appurtenances as shown on the plan details and specifications. 2. Incidental Items - Furnishing all equipment, materials, and labor necessary to complete the various items of this bid item. 3. Related Items — The 12" PVC waterline, bedding, and backfill to be installed through the 1 encasement will be paid under a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per linear foot of item installed as 1 indicated in the Bid Form. • 5. Partial Payment Provisions - No partial payment will be made for this item. L. Unclassified Excavation (Pay Item 12) 1. Description —Removal of existing pavement, curb & gutter, base, soil material and etcetera as Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-5 I required to construct the subgrade of the proposed road bed, and to obtain the lines, grades, and 1 slopes indicated on the Drawings. This item essentially is material excavated to the elevation required to begin the select "hillside" material installation. At this elevation, if further excavation is required to accommodate the density requirements of the select material, excavation and backfill of suitable material will be paid for under the pay item of"Undercut & Backfill". Unclassified excavated soil shall be used as fill material in areas outside the right-of- way and between the street & sidewalk as directed by the City. This material shall be compacted to 90% standard proctor. The remaining unclassified material shall be removed from the site to an approved site. 2. Incidental Items - All equipment, labor, and materials necessary to complete this work. 3. Related Items — a. Site preparation, Section 02100. b. Rock excavation is a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per cubic yard of common excavation completed and accepted by Engineer. Payment will be at the quantity indicated on the Bid Form, unless Contractor has reason to believe those numbers are not representative. If so, the Contractor, at his option and expense, can ground survey the project after clearing & grubbing and site preparation and survey after excavation. This information will be processed in an acceptable computer software program that can compute quantities by using either the end area or grid method. Otherwise the plan quantities will be used for payment. 5. Partial Payment Provisions - No partial payment will be made for this item. M. Compacted Embankment - Select Hillside Material (Borrow) (Pay Item 13) 1. Description - Construction of roadway embankment as indicated on the Plans and/or Specifications using select "hillside" material (off -site materials) to the lines, grades and compaction requirements as indicated on the Drawings and Specifications. 2. Incidental Items - Hauling of "hillside" material, and all equipment, labor, and materials necessary to complete the work. 3. Related Items a. Site Preparation, Section 02100. b. Unclassified Excavation, and Undercut & Backfill are separate pay items. 4. Units and Measurement - Payment shall be at the unit price per each cubic yard of compacted embankment completed and accepted by Engineer. If determined by Engineer, payment for completed units will be delayed until proof of construction testing has been completed. Payment will be at the quantity indicated on the Bid Form, unless Contractor has reason to believe that those numbers are not representative. If so, the Contractor, at his option and expense, can ground survey the project after the subgrade material has been compacted in accordance with the specifications and the subgrade's elevation is ready for Class 7 base. The total quantity paid for will be the in -place and compacted quantity determined by the average -end method with cross sections at typically 50 foot intervals with some lesser intervals used when necessary. This information will be processed by an acceptable computer software program. Otherwise, the plan quantities will be used for payment. The Bid Form quantity is a relative amount that allows the Contractor to estimate the amount of imported material that he will need for the project. The total quantity paid will be the quantity indicated on the Bid Form. 5. Partial Payment Provisions - No partial payment will be made for this item. Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-6 I N. Undercut & Backfdl (Pay Item 14) II 1. Description - Excavating existing materials that are unsuitable below the depth of the anticipated typical section shown on the Plans. This potential subgrade or sub-subgrade material that is to be removed cannot be compacted to proper density for the placement of the specified depth of select ' hillside material. The material backfilled in the excavated areas shall be field determined and compacted to the required density. Excavation for this item shall be approved by the Engineer. 2. Incidental Items - Equipment, labor, and materials necessary to complete the work. ' 3. Related Items - Unclassified excavation, and compacted embankment are separate pay items. 4. Units and Measurement - Payment shall be at the unit price per each cubic yard of material excavated as approved by the Engineer. Measurement will be by measuring the volume of the area excavated. This measurement will be agreed to by the Engineer and the Contractor. 5. Partial Payment Provisions - No partial payment will be made for this item • O. Six-inch Aggregate Street Base Course (Class 7) (Pay Item 15) 1. Description - Construct aggregate base course to the lines and grades under the street, curb & gutter, and one foot behind the curb & gutter as indicated on the typical sections and details in the Drawings. 2. Incidental Items a. Scalping in areas that are not excavated or which do not have compacted embankment constructed over them. b. Blading and shaping subgrade, scarifying and compacting subgrade, maintaining subgrade shape and moisture until base course is placed. I. c. Equipment, labor, and materials necessary to complete the work. 3. Related Items a. Site preparation, Section 02100. b. Unclassified excavation, and compacted embankment are separate pay items. 4. Units and Measurement - Payment shall be at the unit price per square yard of compacted aggregate base course for streets completed and accepted by Engineer. If determined by Engineer, payment for completed units will be delayed until proof of construction testing has been completed. Payment will be at the quantity indicated on the Bid Form, unless Contractor has reason to believe that those numbers are not representative. If so, the Contractor, at his option and expense, can provide detailed calculations that prove that the bid quantity is in error. Otherwise, the plan quantities will be used for payment. The Bid Form quantity is a relative ' amount that allows the Contractor to estimate the amount of imported material that will be needed for the project. The total quantity paid will be the quantity indicated on the Bid Form. 5. Partial Payment Provisions - None. P. Concrete Curb and Gutter (Pay Item 16) 1. Description - Construct concrete curb and gutter to the lines and grades and in accordance with the details indicated on the Drawings. 2. Incidental Items - Base fine grading and preparation, and equipment, labor, and materials 1 necessary to complete the work. 3. Related Items - Aggregate Base Course is a separate pay item. Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-7 J 4. Units and Measurement - Payment shall be at the unit price per linear foot of curb and gutter installed and accepted by Engineer. 5. Partial Payment Provisions - None. Q. Two-inch A CHM Surface Course (Type 2) (Pay Item 17) 1. Description - Furnish and install the two inch (220 lbs/SY) asphalt surface course at the lines and grades indicated on the typical section and profile in the Drawings. 2. Incidental Items - Prime coat, tack coat, blotter material, equipment, labor, materials, and any other item necessary to complete the work. 3. Related Items - ACHM Binder Course under the surface course and shall be paid under a separate pay item. 4. Units and Measurement - Payment shall, be at the unit price per square yard of compacted ACHM surface course for streets completed and accepted by Engineer. If determined by Engineer, payment for completed units will be delayed until proof of construction testing has been completed. Payment will be at the quantity indicated on the Bid Form, unless Contractor has reason to believe that those numbers are not representative. If so, the Contractor, at his option and expense, can provide detailed calculations that prove that the bid quantity is in error. Otherwise, the plan quantities will be used for payment. The Bid Form quantity is a relative amount that allows the Contractor to estimate the amount of imported material that will be needed for the project. The total quantity paid will be the quantity indicated on the Bid Form. 5. Partial Payment Provisions - No partial payment will be made for this item. R Four -inch A CHM Binder Course (Type 2)(Pay Item 18) 1. Description - Furnish and install four inches (440 lbs/SY) asphalt binder course at the lines and grades indicated on the typical section and profile in the Drawings. 2. Incidental Items - Prime coat, tack coat, blotter material, equipment, labor, and materials and any 4 other item necessary to complete the work. 3. Related Items - Aggregate base course under the binder course shall be paid under a separate pay item. ACHM Surface course shall be paid under a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per square yard of compacted ACHM surface course for streets completed and accepted by Engineer. If determined by Engineer, payment for completed units will be delayed until proof of construction testing has been completed. Payment will be at the quantity indicated on the Bid Form, unless Contractor has reason to believe that those numbers are not representative. If so, the Contractor, at his option and expense, can provide detailed calculations that prove that the bid quantity is in error. Otherwise, the plan quantities will be used for payment. The Bid Form quantity is a relative amount that allows the Contractor to estimate the amount of imported material that will be ' needed for the project. The total quantity paid will be the quantity indicated on the Bid Form. 5. Partial Payment Provisions - No partial payment will be made for this item. S. Aggregate Base (Class 7) (Pay Item 19) 1 1. Description - Construct aggregate base course to the lines and grades under sidewalks, driveways, and for drainage pipes under streets as indicated on the typical sections and details in the Drawings. Aggregate base course used in storm sewer pipe trenches and other drainage structures under pavement, whether proposed or existing, will also be paid for as part of this item. LI Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-8 U. ' 2. Incidental Items II a.. Scalping in areas that are not excavated or which do not have compacted embankment constructed over them. b. Blading and shaping subgrade, scarifying and compacting subgrade, maintaining subgrade shape and moisture until base course is placed. c. Equipment, labor, and materials necessary to complete the work. 3. Related Items a. Site preparation, Section 02100. b. Unclassified excavation, and compacted embankment are separate pay items. c. Aggregate base course (6") for street construction is a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per each ton of aggregate base course furnished, installed and accepted by Engineer. If determined by Engineer, payment for completed units will be delayed until proof of construction for installed units is complete. Measurement will be based on truck weight tickets. All quantities shall be documented. However, any quantity exceeding the bid amount shall have full documentation by Contractor and approval by Engineer. 5. Partial Payment Provisions - None. ' T. Reinforced Concrete Storm Pipes (Pay Items 20 & 21) 1. Description - Furnish and install reinforced concrete storm sewer pipe as indicated on the Drawings and specifications. 2. Incidental Items - Trench excavation, bedding material, connectors, gaskets, connecting to existing pipes, underdrain pipe, backfill, compaction of bedding and backfill, and equipment, labor, and materials necessary to complete the work 3. Related Items - Aggregate base installed in trenches under proposed road beds shall be paid for ' under the Aggregate Base pay item. 4. Units and Measurement - Payment shall be at the unit price per linear foot furnished and installed and accepted by Engineer. ' 5. Partial Payment Provisions - Partial payment will be made for materials on site, but not yet incorporated into the work, as approved by Engineer. U. Drop Inlets, Junction Boxes, & Special Conc. Structures (Pay Items 22 & 23) 1. Description - Construct drop inlets, junction boxes and various concrete structures, complete with manhole covers and/or grates and frames as indicated on the Drawings. I2. Incidental Items - Incidental items include excavation, backfill, equipment, labor, and materials necessary to complete the work. 3. Related Items - Pipe installation is a separate payment item. Depressed gutter section upstream and downstream of inlet will be paid for as part of the curb and gutter item. 4. Units and Measurement - Payment shall be at the unit price per each structure constructed, tested and accepted by Engineer. 5. Partial Payment Provisions - Partial payment will be made at percentages of completion, approved by the Engineer. Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-9 V. Drop Inlet Extensions - 8ft (Pay Item 24) 1. Description - Construct reinforced concrete extensions in the lengths and at the locations indicated on the Drawings. 2. Incidental Items - Incidental items include excavation, trenching, bedding, backfill, equipment, labor, and materials necessary to complete the work. 3. Related Items — Drop Inlets. 4. Units and Measurement - Payment shall be at the unit price per each length extension furnished and installed and accepted by Engineer. 5. Partial Payment Provisions - Partial payment will be made at percentages of completion, approved by the Engineer. W. Sidewalks (Pay Item 25) 1. Description - Construct concrete sidewalks to the depth and in the locations indicated on the Drawings and as required by site conditions. 2. Incidental Items - Incidental items include preparation of subgrade, adjusting width as required by drainage structures, tool joints, saw joints, and expansion joints with expansion joint material, expansion joint material between sidewalk and drainage structure or driveway, joint sealant, curing compound, broom finish, angle iron, and all equipment, labor, and materials necessary to complete the work. 3. Related Items - Aggregate Base shall be paid for under a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per square yard of concrete sidewalk constructed and accepted by Engineer. 5. Partial Payment Provisions - None. X Barb Wire Fence (5 -Stand) (Pay Item 26) 1. Description — Furnish & install a 5 — Strand Barb Wire Fence along the Temporary Construction Easement complete with metal tee posts spaced at eight foot intervals including wooden posts for comer bracing and a twelve foot aluminum gate at the locations indicated on the Drawings. 2. Incidental Items - Incidental items include posts, gate, equipment, labor, and. materials necessary to complete the work. 3. Related Items — None. 4. Units and Measurement - Payment shall be at the unit price per linear foot of fence furnished and installed and accepted by Engineer. 5. Partial Payment Provisions - None. Y. Seeding and Mulching (Pay Item 27) I. Description - Provide all seed and mulch to cover the disturbed areas as result of construction unless otherwise shown on the drawings. 2. Incidental Items - Incidental items include all equipment, labor, and materials necessary to complete the work. Coordination of installation of street lights and underground cable with Ozarks Electric prior to the placement of the Seeding and Mulching. 3. Related Items - Erosion control devices are paid for in separate pay items. 4. Units and Measurement - Payment shall be at the unit price per acre of seeding and completed Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-10 and accepted by Engineer. ' 5. Partial Payment Provisions - 75 percent of the unit price shall be paid upon completion of initial seeding and mulching, with remainder held until a suitable viable grass stand is established. Z Imported Top Soil (Pay Item 28) 1. Description - Provide topsoil at the thickness (4" Min.), location, and to the lines and grades in accordance with Engineer's instructions and as noted and described in the specifications and/or Drawings. 2. Incidental Items - Fine grading, raking, removing any non -specified material from the soil and/or any preparation work, and all equipment, labor, and materials, necessary to complete the work. Coordination of installation of street lights and underground cable with Ozarks Electric prior to the installation of the Top Soil. 3. Related Items - Seeding & Mulching is a separate pay item. 4. Measurement and Payment - Payment shall be at the unit price per cubic yard of imported topsoil furnished, placed and accepted by the Engineer. No separate payment shall be made for on -site topsoil that was salvaged and reused. Measurement shall be by verifying the 4 -inch thickness and taking average horizontal measurements and computing the cubic feet thus the cubic yard measurement. 5. Partial Provisions - None. ' AA. Signs (Pay Item 29) 1. Description - Furnish and install signs at the locations indicated on the Drawings or as directed per the "Manual on Traffic Control Devices" and per AHTD Standards. 2. Incidental Items - This item shall consist of furnishing and installing Regulatory Signs and Warning Signs with all necessary special framing required for assembly is accordance with these specifications and to the dimension and detail at the location on the Drawings or as directed. incidental items include all equipment, labor, and materials necessary to complete the work. 3. Related Items - None. 4. Units and Measurement - Payment shall be per the unit price for each sign completed and • accepted by the Engineer. 5. Partial Payment Provisions - None. BB. Thermoplastic Pavement Markings (Pay Items 30,31,32,& 33) 1. Description - Furnish and install traffic striping, stop bars, diagonals, and etcetera on the pavement at the widths and color as per the details and at the locations indicated on the Drawings ' and per the Manual on Traffic Control Devices. 2. incidental Items - Incidental items include surface preparation, and all material, equipment, and labor necessary to complete the work. 3. Related Items — Thermoplastic Pavement Markings (Arrows) shall be paid for under a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per linear foot of striping furnished, installed and accepted by the Engineer. 5. Partial Payment Provisions - None. 1 . Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-11 CC. Thermoplastic Pavement Markings (Arrows) (Pay Item 34) 1. Description - Furnish and install pavement marking arrows at the locations indicated on the Drawings and per the Manual on Traffic Control Devices. 2. Incidental Items - Incidental items include surface preparation, and all material, equipment, and labor necessary to complete the work. 3. Related Items - Thermoplastic Pavement Markings (Striping) shall be paid for under a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per each pavement marking arrow furnished, installed and accepted by the Engineer. Partial Payment Provisions - None. DD. Sib Fence (E-3) (Pay Item 35) 1. Description - Fumish and install silt fence as indicated on the details in the Drawings and per these specifications at location indicated on the Drawings or as directed by the Engineer. 2. Incidental Items - Incidental items include all material, equipment, and labor necessary to complete the work. 3. Related Items — Straw Bales may be used in conjunction with silt fence, the straw bales shall be paid as a separate pay item. Site preparation shall include any costs due to permits for erosion control (stormwater pollution prevention) with the governing agencies. 4. Units and Measurement - Payment shall be at the unit price per linear foot installed and accepted by the Engineer. 5. Partial Payment Provisions - None. EE. Straw Bale (Pay Item 36) Description - Provide Baled Straw as indicated in the (E-1) detail drawing and per the specifications at the locations indicated on the Drawings or as directed by the Engineer. 2. Incidental Items - Equipment, materials, tools, labor, and any other item required to complete the work. Related Items - none. 4. Units and Measurement - Payment shall be at the unit price per each straw bale furnished, installed and accepted by the Engineer. Partial Payment Provisions - None. FF. Rock Excavation(Pay Item 37) 1. Description — Removal of material meeting the definition of rock. 2. Incidental Items - Equipment, labor, and materials necessary to complete the work. 3. Related Items — Unclassified excavation is all excavation that is not rock excavation. 4. Units and Measurement - Payment shall be at the unit price per cubic yard excavated and accepted by the Engineer. Measurement will be agreed to on site by Engineer and Contractor, and shall be in -place measurement of the rock removed. The average end method shall be used to determine the quantity. 5. Partial Payment Provisions — No partial payment will be made for this item. II I I I •I .1 I U 1 U I. I Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-12 1 PART 2 -PRODUCTS Not Used PAR T 3- EXECUTION Not Used End of Section 01025 Broyles Road Extension October 20, 2003 City of Fayetteville Engineering Division Page 01025-13 I I Section 01027 I I I I APPLICATIONS FOR PAYMENT Part 1- GENERAL 1.1 SUMMARY A. Comply with procedures described in this Section when applying for progress payment and final payment. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, the General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. The Contract Price and the schedule for payments are described in the General Conditions. ' 3. Payments upon Substantial Completion and Final Completion of the Work are described in the General Conditions and in Section 01700 of these Specifications. 4. Engineer's approval of applications for progress payment and final payment may be contingent upon Engineer's approval of status of Project Record Documents as described in Section 01700 of these Specifications. 1.2 QUALITY ASSURANCE A. Prior to start of construction, Contractor shall secure Engineer's approval of the schedule of values required to be submitted under Paragraph 2.07 of the General Conditions, and further described in these Specifications. B. During progress of the Work, Contractor shall modify the schedule of values as approved by Engineer to reflect changes in the Contract Price due to Change Orders or other Modifications. C. Contractor shall base requests for payment on the approved schedule of values. I I [1 13 FORMAT A. Contractor shall submit a request for payment by filling in the agreed data, by typewriter or neat lettering in ink, on "Application for Payment" form provided by Engineer, plus continuation sheet or sheets. 1.4 PREPARATION OF APPLICATIONS A. Present required information in typewritten form. IB. Contractor shall date and sign the Application for Payment in ink. I City of Fayetteville 09/20/02 Page 01027-1 I C. List each authorized Change Order as an extension on continuation sheet, listing Change Order number and dollar amount as for an original item work. 1.5 SUBMITTAL PROCEDURES A. Contractor shall submit the original of the Application for Payment, plus two identical copies , including continuation sheet(s) to Engineer. B. Engineer shall review submittal and, either: 1. Return the Application for Payment to Contractor indicating in writing the reasons for , refusing to recommend payment. Contractor shall re -submit revised Application For Payment. 2. Engineer will sign the Application for Payment and present to Owner for payment. I C. Owner shall review Application for Payment and either: 1. Give immediate notice of any portions of the recommended amounts withheld from payment in accordance with the General Conditions paragraphs 14.02.D.1.a through 14.02.D.1.d. , 2. Sign Application For Payment and make disbursement to Contractor. D. Engineer will distribute signed copies of Application for Payment to Contractor, Owner and Engineer's file. Additional copies of Application for Payment will be distributed by Engineer to the appropriate funding agency or agencies, if required. I 1.6 SUBSTANTIATING DATA A. If payment request is for materials and for equipment, or when Engineer requires substantiating information, Contractor shall also submit copies of invoices or documentation as set forth in paragraph 14.02.A of the General Conditions. B. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. , Part 2- PRODUCTS Not used. I Part 3- EXECUTION Not used. End of Section 01027 ' City of Fayetteville 09/20/02 Page 01027-2 1 I ' Section 01035 ' MODIFICATION PROCEDURE ' Part 1 - GENERAL 1.1 SUMMARY ' A. This section describes steps to make changes in the Work, Contract Price, Contract Times, or any combination thereof, as are described in written Change Orders signed by Owner, Contractor, and Engineer and issued after execution of the Agreement, and in other instruments of change as described 'herein in accordance with the provisions of this Section. Section includes: I. Documentation of change in Contract Price and Contract Time. ' 2. Change procedures. 3. Work Change Directive. 4. Stipulated Price Change Order. 5. Unit price change order. 6. Time and material change order. 7: Execution of Change Orders. 8. Correlation of Contractor submittals. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division I of these Specifications. ' 2. Changes in the Work are described further in the General Conditions. 3. Section 01027 - Applications for Payment. 4. Section 01700- Project Record Documents. 1.2 QUALITY ASSURANCE A. Take such measures needed to assure familiarity of Contractor's staff and employees with the procedures ' outlined in this section for processing Change Order data. B. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. 13 FORMAT ' A. Change Order Form: EJCDC 1910-8-B. B. Work Change Directive Form: EJCDC 1910-F. C. Field Order Form: Engineer's letter. 1 ICity of Fayetteville 09/20/02 Page 01035-1 I 1.4 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A. Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: I 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from the Work, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis; with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.5 FIELD ORDER , A. Engineer will authorize, in writing, minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Paragraph 9.05 of the General Conditions by issuing a Field Order. 1.6 WORK CHANGE DIRECTIVE ' A. Engineer may issue a Work Change Directive, signed by Owner, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The Work Change Directive will describe changes in the Work, and will designate method of determining any change in Contract Price or Contract Time. C. Promptly execute the change in Work. 1.7 STIPULATED PRICE CHANGE ORDER A. Based on notice of change and Contractor's fixed price quotation and subsequent negotiations. I I City of Fayetteville 09/20/02 Page 01035-2 1 I II 1.8 UNIT PRICE CHANGE ORDER ' A. For pre -determined unit prices and quantities, Change Order will be executed on a fixed unit price basis. B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Work Change Directive, or based on negotiation and an executed Change Order. 1.9 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits indicated in ' the General Conditions. B. Engineer will determine the change allowable in Contract Price and Contract Time as provided in the ' Contract Documents. C. Maintain detailed records of work done on time and material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. 1.10 EXECUTION OF CHANGE ORDERS A. Engineer will provide Change Order forms for signatures of parties as provided in the General ' Conditions in the number of copies indicated in the Supplementary Conditions. 1.11 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. ' B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -schedules to adjust time for other items of work affected by the change, and resubmit. ' C. Promptly enter changes in Project Record Documents. ' Part2 - PRODUCTS Not Used. ' Part 3- EXECUTION Not Used. ' End of Section 01035 I I ICity of Fayetteville 09/20/02 Page 01035-3 I P Section 01040 COORDINATION AND MEETINGS Part 1 -GENERAL i.l SUMMARY A. This Section expands upon requirements regarding coordination, conferences and meetings, described to permit direct reference from individual product specification Sections. 1. Coordination 2. Preconstruction conference 3. Progress meetings 1.2 RELATED SECTIONS A. Documents affecting work of this Section include, but are not necessarily limited to General Conditions, Supplementary Conditions, and Section in Division 1 of these Specifications. 13 COORDINATION A. Coordinate construction activities with other contractors working in the same vicinity on ' other projects. It is anticipated that other utilities may be relocated during the same time, in the same area as this project. B. The Contractor, on the basis of the schedule and progress meetings shall notify the appropriate property owners of trenching, pipe laying, cleanup, or other activities scheduled to occur on, or adjacent to, their property during the coming week. The individual property ' owner, or tenant thereof, shall be notified at least 48 hours in advance of occupying, storing materials on, or performing work on any right-of-way or easement. It shall be the responsibility of the Contractor to provide a minimum of 72 hours advance notice to the ' Engineer, Traffic department, Police Department, and Fire Department prior to cutting or blocking any public street or roadway. All planned interruptions of water service shall be coordinated with the Engineer and the ', Fayetteville Water department. A minimum of 48 hours notice shall be required. Service interruptions, when allowed by the Engineer, shall be scheduled between 8:00 a.m. and 5:00 p.m. and shall be limited to a maximum time of 4 hours for each individual meter unless specifically approved otherwise. ' All work that the Contractor will do that is related to traffic control devices or other related items shall be coordinated with the Traffic Department superintendent, Mr. Perry Franklin. That telephone number is 575-8228. City of Fayetteville 09/20/02 Page 01040-1 I C. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements ' with provisions for accommodating items installed later. D. Verify that utility requirement characteristics of operating equipment are compatible with existing utilities. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service such equipment. E. Coordinate completion and clean up of Work.of separate Sections in preparation for I Substantial Completion. F. After Owner occupancy of premises, coordinate access to site for correction of defective I Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.4 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a conference within 20 days after the Contract Times start to run, but before any Work at the site is started. B. Attendance Required: Authorized representatives of Owner, Engineer, and Contractor. I C. Agenda: 1. Distribution of executed Owner -Contractor Agreement. I 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of products, Schedule of Values, and proposed schedule. 5. Designation of personnel representing the parties in Contract, and the Engineer. 1 6. Procedures and processing of field decisions, shop drawings, submittals, substitutions, applications for payments, Change Orders and Contract closeout procedures. 7. Construction schedule, including sequence of critical work. I' 8. Channels and procedures for communication. �. 9. Rules and regulations governing performance of the Work. 10. Procedures for safety and first aid, security, quality control, and related matters. 1 I City of Fayetteville 09/20/02 Page 01040-2 1 1.5 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work beginning at weekly intervals or as determined by Engineer. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within two days to Engineer, Owner, participants, and those affected by decisions made. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, Engineer, and others as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. City of Fayetteville 09/20/02 Page 01040-3 Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01040 City of Fayetteville 09/20/02 Page 01040-4 Li I I C1 I I I I 11 1 C1 Section 01051 CONSTRUCTION SURVEYS Part I - GENERAL 1.1 SUMMARY A. This Section defines staking services that Engineer will furnish, and sets forth responsibilities of Contractor regarding the use and maintenance of same. B. Related Work: Documents affecting work of this Section include, but are not limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. C. Definitions 1. "Control Stakes" are the original reference points set by the Engineer for the construction work, i.e. centerline staking at the PI's, PC's, & PTs and IBM's. 2. "Construction Staking" is all other staking necessary, as the job progresses, to construct the project according to the drawings and specifications which is the responsibility of the Contractor. 1.2 REQUIREMENTS A. Engineer shall provide the following staking: 1. Set temporary bench marks. 2. Set baseline staking, i.e. PI's, PC's & PTs. 3. Reset control stakes found to be in error. ' B. Contractor shall provide the following staking: 1. All construction staking except as provided by Engineer above. ' 2. Reset stakes, property corners, marks or pins lost due to Contractor's operations. 13 CONTROL STAKING ' A. Notification I I 1. Notify Engineer, in writing, at least five days in advance of the date when control staking services are desired. 2. Engineer shall provide control staking. B. Checking Stakes 1. Examine stakes before commencing operations. 2. Notify Engineer, if validity of any control stake is questionable. ' City of Fayetteville 09/20/02 Page 01051-1 3. Engineer will check stake or stakes in question. 4. Any control stakes found to be in error will be reset by the Engineer. 5. If stakes ate valid, Contractor shall pay for cost of checking stakes. C. Preservation of Stakes 1. Contractor shall inform his employees, subcontractors and vendors of importance of control stakes and the necessity of their preservation. 2. Contractor shall pay for resetting any control stakes, property comers, marks, or pins lost due to Contractor's operations. 1.4 CONSTRUCTION STAKING A. Provide all construction staking as needed to complete the Work. Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01051 City of Fayetteville 09/20/02 Page 01051-2 I Section 01060 1 REGULATORY REQUIREMENTS ' Part1 - GENERAL 1.1 SECTION INCLUDES: A. Listing of certain applicable local, state, and federal regularity requirements applicable to the project. B. Discussion of specific implementation of certain regulatory requirements. 1.2 NOT INCLUDED: IA. Comprehensive listing of applicable local, state, and federal regulatory requirements applicable to the project. B. Reference to or listing of applicable safety standards. 13 RELATED SECTIONS ' A. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. ' B. Section 01090 - Reference Standard: applicable consensus standards. C. Specific Sections of this Specification include additional requirements of local, state, and federal regulatory requirements. ' 1.4 AMERICANS WITH DISABILITIES ACT A. Comply with portions applicable to construction and construction sites. 1.5 FAYETTEVILLE WATER AND SEWER STANDARDS A. Water standards are available from the City of Fayetteville Engineering Department Sewer standards in 'an unapproved draft form should be obtained by Contractor and referred to when applicable. 1.6 ARKANSAS HIGHWAY AND TRANSPORTATION A. Construction standards as listed in individual Specification Sections. 1.7 ARKANSAS DEPARTMENT OF HEALTH A. Project has been submitted to ADOH for approval with applicable design standards. ' B. Do not deviate from ADOH approved Drawings and Specifications without approval of Engineer. C. Deviations requested by Contractor which require re -submittal to ADOH - Contractor will reimburse ' Owner for cost of re -submittal and obtaining approval. 1.8 NPDES STORM WATER DISCHARGE PERMIT City of Fayetteville 09/20/02 Page 01060-1 El I A. NPDES Permit - Apply to the State of Arkansas for storm water discharges during construction at this site to be covered by General NPDES Permit No. ARRl0A000. This application includes filing a Notice of Intent (NOI) and preparing a Storm Water Pollution Prevention Plan. B. Permit Activities: Manage the discharge of storm water from the project areas in accordance with the NPDES permit and the following provisions. 1. Minimum requirements for storm water construction permit compliance. Contractor will develop and place in field office file a storm water pollution prevention plan (Plan) for this construction site. The objective of this Plan is to identify all potential pollution sources on -site, and, devise management and physical measures which reduce pollution and prevent such pollution from leaving the permit site. Plan shall include methods and timing for prevention of storm water pollution by the construction process, equipment and materials. This includes a description of both structural and non-structural control measures. Plan shall include flow diversion, erosion control, sediment containment, and re -vegetation consistent with the specified work and the storm water permit. Plan shall specify the Contractor's supervisory personnel who shall conduct the required inspections of the site and control facilities and who shall file the written reports for each such inspection. , Plan shall require such inspection of the control facilities after each rain of 0.5 inches per day as specified in the permit. Such inspections are of particular importance in evaluating control structures and non-structural methods or procedures. Failure or ineffectiveness of control measures or procedures must be documented with corrective actions specified. 2. Conduct sampling and analysis of storm water run-off in accordance with the NPDES permit ' and the following provisions. Analysis shall be performed by a laboratory approved by Owner. 3. Complete compliance reports required by the permit in a timely manner and provide Owner i with copies of all data on storm water management activities and monitoring. C. Permit Compliance: Conduct storm water management practices in accordance with the perrnit. ' Contractor shall be responsible for any enforcement action taken or imposed by federal or state agencies, including the cost of fines, construction delays, and remedial actions, resulting from Contractor's failure to comply with the permit provisions. Monitor the suitability of the designated management practices to achieve the storm water quality provisions of the permit, and notify Engineer of the any changes made to management practices. I If changes are ordered by Engineer, an adjustment in Contract Price shall be considered in accordance with the General Conditions. However, Contractor's failure to monitor or report deficiencies to Owner will result in Contractor being liable for fines and construction delays resulting from any federal or state agency enforcement action. City of Fayetteville 09/20/02 Page 01060-2 1 I ' Part2 - PRODUCTS Not Used ' Part 3- EXECUTION Not Used End of Section 01060 I I. I 1 i I. I. I. I I ' City of Fayetteville 09/20/02 Page 01060-3 I 1 I I 1 1 Section 01090 REFERENCE STANDARDS AND ABBREVIATIONS —Part 1- GENERAL 1.1 SECTION INCLUDES A. A listing of organizations providing reference standards referenced in the Specifications. B. Information on the use of reference standards. C. A listing of abbreviations used throughout the Contract Documents. 1.2 RELATED SECTIONS A. General Conditions, Supplementary Conditions 13 SCHEDULE OF REFERENCES A. AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, NW Washington, DC 20001 B. ACI American Concrete Institute Box 19150 Redford Stations Detroit, MI 48219 C. AGC Associated General Contractors of America 1957 E Street, NW Washington, DC 20006 D. Al Asphalt Institute Asphalt Institute Building College Park, MD 20740 E. ANSI American National Standards Institute 1430 Broadway New York, NY 10018 F. ASPA American Sod Producers Association 4415 West Harrison Street Hillside, IL 60612 City of Fayetteville 09/20/02 Page 01090-1 G. ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 ' H. AWWA American Water Works Association 6666 West Quincy Avenue 1 Denver, CO 80235 I. EJCDC EngineersJoint Contract Documents Committee American Consulting Engineers Council 1015 15th Street, NW Washington, DC 20005 , J. FS Federal Specifications General Services Administration, Specifications and Consumer Information Distribution Section (WFSIS) Washington Navy Yard, Building 197 Washington, DC 20407 1 K. MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 L. PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077 M. UL Underwriters' Laboratories, Inc. 333 Pfringston Road Northbrook, IL 60062 1.4 ABBREVIATIONS ' Whenever the following abbreviations and acronyms are used, they shall have the corresponding meaning as follows. AGA - American Gas Association AHTD - Arkansas Highway and Transportation Department ASHTD - Arkansas Highway and Transportation Department AISC - American Institute of Steel Construction APA - American Plywood Association ASA - American Standards Association AWG - American Wire Gage AWPA - American Wood Products Association AWS - American Welding Society GSA - General Services Administration, U.S. Government NHBA - National Builders Hardware Association NEC - National Electric Code City of Fayetteville 09/20/02 Page 01090-2 ' NEMA - National Electric Manufactures Association NFPA - National Fire Protection Association NPT - National Pipe thread SBC - Standard Building Code (also SSBC) SPA - Southern Products Association A -Ampere cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute Hp - horsepower 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 PART 2 -PRODUCTS Not Used PART 3- EXECUTION Not Used End of Section 01090 City of Fayetteville 09/20/02 Page 01090-3 I I. Section 01300 ' SUBMITTALS Part 1 -GENERAL 1.1 SUMMARY A. This Section expands upon requirements regarding administrative and procedural requirements for submittals of progress schedules, shop drawings, product data, samples, manufacturer's instructions, and manufacturer's certificates. B. Related Work: 1. Section 01400 - Quality Control: Manufacturers' field services and reports. 2. Section 01700 - Contract Closeout: Contract warranty, manufacturer's certificates, and closeout submittals. ' 1.2 SUBMITTAL PROCEDURES A. Transmit each submittal with form accepted by Engineer. B. Sequentially number the transmittal forms. Re -submittals to have original number with an alphabetic suffix. ' C. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. ' D. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is ' in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to Engineer. Coordinate submission ' of related items. F. Identify variations from Contract Documents and Product or system limitations which may ' be detrimental to successful performance of the completed Work. G. Provide space for Contractor and Engineer review stamps. H. Revise and resubmit submittals as required, identity all changes made since previous submittal. ' I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. ICity of Fayetteville 09/20/02 Page 01300-1 El 13 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date of Owner -Contractor I Agreement for Engineer review. B. Update in accordance with Section 01310 and resubmit with each pay request. ' C. Submit a horizontal bar chart with separate line for each major section of Work or ' operation, identifying first work day of each week. D. Show complete sequence of construction by activity, identifying Work of separate stages and , other logically grouped activities. E. Indicate estimated percentage of completion for each item of Work at each submission. F. Indicate submittal dates required for shop drawings, product data, and samples. 1.4 SHOP DRAWINGS , A. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Engineer. ' B. Make Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the Work. C. Unless otherwise specified, make submittals in groups containing all associated items to assure that information is available for checking each item when it is received. 1. Partial submittals may be rejected as not complying with the provisions of the Contract. 2. The Contractor may be held liable for delays so occasioned. D. Make submittals far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and re - submittals, and for placing orders and securing delivery. E. In scheduling, allow at least ten working days for review by the Engineer following the Engineer's receipt of the submittal. F. Submittal log: 1. Maintain an accurate submittal log for the duration of the Work, showing current status of all submittals at all times. 2. Make the submittal log available to the Engineer for the Engineer's review upon request. G. After review distribute in accordance with Article on Procedures above and for Record Documents described in Section 01700 - Contract Closeout. I City of Fayetteville 09/20/02 Page 01300-2 1 I 1 1.5 PRODUCT DATA A. Submitthe number of copies which the Contractor requires, plus two copies which will be retained by the Engineer. FB. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. C. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout. ' 1.6 SAMPLES IA. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. ' B. Submit samples of coatings or finishes for Engineer's selection. C. Include identification on each sample, with full product information. D. Submit the number or samples specified in individual specification Sections; one of which will be retained by Engineer. ' E. Reviewed samples which may be used in the Work are indicated in individual specification Sections. ' 1.7 MANUFACTURER'S INSTRUCTIONS IA. When specified in individual specifications Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. 1 B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.8 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to ' Engineer for review, in quantities specified for Product Data. B. Indicate that material or product conforms to or exceeds specified requirements. Submit ' supporting reference data affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. I 1 City of Fayetteville 09/20/02 Page 01300-3 Part2 - PRODUCTS - ' Not Used , Part 3- EXECUTION , Not Used 1 End of Section 01300 I. 1 1 • 1 • i 1 • I. I. City of Fayetteville 09/20/02 • Page 01300-4 , I L I I Section 01310 PROGRESS SCHEDULES Part 1 - GENERAL 1.1 SUMMARY A. This Section includes procedural requirements for preparation, submittal, and updating of Contractor's construction progress schedules. IB. Related Work: I I H 1. Documents affecting work of this Section include, but are not limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specification. 2. 3. 1.2 FORMAT Section 01027 - Applications for Payment. Section 01300 - Submittals: Shop drawings, product data, and samples. A. Prepare I Schedules as a horizontal bar chart with separate bar for each major portion of Work or operation, identifying first work day of each week. B. Sequence of Listings: The chronological order of the start of each item of Work. C. Scale and Spacing: To provide space for notations and revisions. D. Sheet Size: Minimum multiples of 8'/z x 11 inches (216 x 279 mm) 13 CONTENT A. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify each item by specification Section number. 1 C. Identify work of separate stages and other logically grouped activities. D. Provide sub -schedules to define critical portions of the entire Schedule. E. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. F. Provide separate schedule of submittal dates for shop drawings, product data, and samples, and dates reviewed submittals will be required from Engineer. G. Coordinate content with Schedule of Values specified in Section 01370. Cityof Fayetteville 09/20/02 Page 01310-1 I 1.4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and other 1 identifiable changes. C. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. 1.5 SUBMITTALS 1 A. Submit initial Schedules within fifteen (15) days after date of Notice of Award. After review, resubmit required revised data within ten (10) days. B. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Engineer. 1.6 DISTRIBUTION ' A. Distribute copies of reviewed Schedules to project site file, Subcontractors, suppliers, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules. Part 2- PRODUCTS , Not Used 1 Part 3- EXECUTION Not Used , End of Section 01310 1 I I City of Fayetteville 09/20/02 Page 01310-2 ' [1 I Part 1 - GENERAL -it 11 J I ItJ I I I I I H I Section 01410 TESTING LABORATORY SERVICES A. This Section describes testing and inspecting to be provided by Contractor, plus cooperation required from Contractor with Owners selected testing agency and others responsible for testing and inspecting the Work. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Requirements for testing may be described in various Sections of these Specifications. 3. Where no testing requirements are described, but Owner decides that testing is required, Owner may require such testing to be performed under current pertinent standards for testing. Payment for such testing will be made as described in this Section. C. Work not included: Selection of testing laboratory: Owner and Contractor will each select a pre -qualified independent testing laboratory for the testing services required by each. Neither Owner nor Contractor shall utilize a testing laboratory against which the other has a reasonable objection. 1.2 QUALITY ASSURANCE A. The testing laboratory will be qualified to the Owner's approval in accordance with ASTM E 329. B. Testing, when required, will be in accordance with all pertinent codes and regulations, and with selected standards of the American Society for Testing and Materials and the American Association of State Highway and Transportation Officials. 1.3 DELIVERY, STORAGE, AND HANDLING A. Comply with pertinent provisions of Section 01620. B. Promptly process and distribute required copies of test reports and related instructions to assure necessary re -testing and replacement of materials with the least possible delay in progress of the Work. rl City of Fayetteville 09/20/02 Page 01410-1 I Part 2- PRODUCTS 2.1 PROOF OF MATERIALS TESTING A. Materials to be incorporated into the wotlt_shall be tested, using suitable laboratory and source quality control tests, as indicated in individual specification Sections, to prove their compliance with the Specifications. B. Proof of materials testing shall be paid for by Contractor. 2.2 PROOF OF CONSTRUCTION TESTING A. Completed construction shall be tested, using suitable in -situ and laboratory tests, as 1 indicated in individual specification sections or as recommended by Engineer or required by Owner, to prove compliance of completed work with Specifications. B. Initial proof of construction testing will be paid for by Owner. C. When initial tests indicate non-compliance with the Contract Documents, the costs of all ' tests associated with that non-compliance will be borne by Contractor. 23 CODE COMPLIANCE TESTING ' A. Inspections and tests required by codes or ordinances, or by a plan approval authority, and which are made by a legally constituted authority, shall be the responsibility of and shall be paid for by Contractor, unless otherwise provided in the Contract Documents. 23 CONTRACTOR'S CONVENIENCE TESTING ' A. Inspecting and testing performed exclusively for Contractor's convenience shall be sole responsibility of Contractor. Part 3- EXECUTION 3.1 COOPERATION WITH TESTING LABORATORY A. Representatives of the testing laboratory shall have access to the Work at all times and at all locations where the Work is in progress. Provide facilities for such access to enable the laboratory to perform its functions properly. 3.2 TAKING SPECIMENS ' A. Specimens and samples for testing, unless otherwise provided in the Contract Documents, shall be taken by testing personnel. Sampling equipment and personnel will be provided by the testing laboratory. Deliveries of specimens and samples to the testing laboratory. I City of Fayetteville 09/20/02 Page 01410-2 ' I ' 33 SCHEDULES FOR TESTING A. Establishing schedule: 1. By advance discussion with testing laboratory selectedby Owner, determine the time required for laboratory to perform tests and to issue findings. 2. Provide all required time within the construction schedule. ' B. Revising schedule: When changes of construction schedule are necessary during construction, coordinate all such changes with the testing laboratory as required. IC. Adherence to schedule: When the testing laboratory is ready to test according to the established schedule, but is prevented from testing or taking specimens due to incompleteness of the Work, all extra charges for testing attributable to the delay may be back -charged to Contractor and shall not be borne by Owner. ' End of Section 01410 I 1 I I I I I I I ICity of Fayetteville 09/20/02 Page 01410-3 I Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Part 1 -GENERAL 1.1 SUMMARY A. This Section describes construction facilities and temporary controls required for the Work. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Except that equipment furnished by subcontractors shall comply with requirements of pertinent safety regulations, such equipment normally furnished by the individual trades in execution of their own portions of the Work are not part of this Section. 3. Permanent installation and hookup of the various utility lines are described in other Sections. ' 1.2 REQUIREMENTS A. Provide construction facilities and temporary controls needed for the Work including, but not necessarily limited to: 1. Temporary Utilities: Electricity, heat, ventilation, telephone, water and sanitary '• facilities. 2. Temporary Controls: Barriers, enclosures, fencing, protection of the Work, and water control. 3. Construction Facilities: Access roads and temporary buildings. 4. Project sign, if required. ' 1.3 DELIVERY, STORAGE, AND HANDLING I I I I A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. Part 2- PRODUCTS 2.1 MAINTENANCE OF TRAFFIC 1. Keep existing roads open to all traffic. Keep the portion of the project being used by public traffic, either through or local traffic, in such condition to permit safe, continuous flow two-way traffic at all times. I City of Fayetteville 09/20/02 Page 01500-1 I Where the nature of the work restricts or prohibits two-way flow, one-way operation may be maintained by use of flaggers. 2. Conduct work as to assure the least possible obstruction to traffic. Provide for safety and convenience of the general public, residents affected by construction, -and protection of persons and property. ' 3. Maintain existing roads from the date work is begun until the project has been completed and accepted. , 4. Provide traffic control devices and operations required to delineate temporary hazards which result from construction. Traffic control devices shall comply with applicable portions of the MUTCD and Section 604 of AHTD. Traffic control devices which are ineffective due to size, age, wear and tear, or improper delineation shall be removed from the site and replaced with suitable devices. , 2.2 UTILITIES A. Water 1. Provide necessary temporary piping and water supply and, upon completion of the Work, remove such temporary facilities. 2. Provide and pay for water used in construction, including water used to flush and test pipelines and appurtenances. B. Electricity 1. Provide necessary temporary wiring and, upon completion of the Work, remove such ' temporary facility. 2. Provide area distribution boxes so located that the individual trades may furnish and use 100 ft. maximum length extension cords to obtain power and lighting at points where needed for work, inspection, and safety. 3. Provide and pay for electricity used in construction. C. Heating 1. Provide and pay for heat devices and heat necessary to maintain specified conditions for ' construction operations needed in the Work. D. Telephone ' 1. Make necessary arrangements and pay costs for installation and operation of telephone service to the Contractor's office at the job site. 2. Make the telephone available to the Engineer for use in connection with the Work. E. Temporary Ventilation ' 1. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. City of Fayetteville 09/20/02 Page 01500-2 ' I I I 2. Provide equipment as required to maintain proper ventilation construction operations. Temporary Sanitary Facilities 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in sanitary condition at all times. 23 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. ' B. Provide protection for plant life designated to remain. Replace damaged plant life. C. Protect non -owned vehicular traffic, stored materials, site and structures from damage. ' 2.4 WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. ' 2.5 PROTECTION OF INSTALLED WORK A. Protect installed Work and provide special protection where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. C. Provide temporary covering at the ends of installed piping at the end of each work day to prevent entry of dirt, debris and rodents. D. Prohibit traffic on dressed and seeded areas. ' 2.6 SECURITY A. Provide security and facilities to protect Work, existing facilities, and Owner's operations from ' unauthorized entry, vandalism, or theft. 2.7 ACCESS ROADS A. Construct and maintain temporary roads accessing public thoroughfares to serve construction area. B. Extend and relocate as Work progress requires. Provide detours necessary for unimpeded traffic ICity of Fayetteville 09/20/02 Page 01500-3 I flow. ' C. Provide and maintain access to fire hydrants, free of obstructions. , 2.8 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly ' condition. - B. Remove waste materials, debris, and rubbish from site periodically and dispose off -site. 2.9 FIELD OFFICES AND SHEDS A. Contractor's facilities: (applicable when included as a bid item) 1. Provide a temporary field office building and sheds adequate in size and accommodation for Contractor's offices, supply, and storage. 2. Within the Contractor's facilities, provide enclosed space adequate for holding project meetings. Furnish with table, chairs, and utilities. B. Locate offices and sheds a minimum distance of 30 feet from existing and new structures. 2.10 ENCLOSURES A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning , signs, steps, platforms bridges, and other temporary constructing necessary for proper completion of the Work in compliance with pertinent safety and other regulations. B. Provide temporary weather -tight closure of exterior openings to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification Sections, and to prevent entry of unauthorized persons. Provide access doors with self -closing hardware and locks. 2.11 TEMPORARY FENCING ' A. Provide and maintain for the duration of construction a temporary fence of design and type needed to prevent entry by the public onto the open excavation areas of the Work. B. Fencing shall be international orange in color, 4' high, have maximum 6 inch square opening and be supported by 6 foot posts located 10 feet to 12 feet on center and imbedded 18 inches into the ground. C. Provide and maintain temporary cattle fencing to restrict movement of cattle into work areas ' both during regular work hours and during nighttime and weekends. I I City of Fayetteville 09/20/02 Page 01500-4 I I Part 3- EXECUTION ' 3.1 MAINTENANCE AND REMOVAL A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. B. Remove such temporary facilities and controls as rapidly as progress of the Work will permit, or 'as directed by the Engineer. IC. Clean and.repair damage caused by installation or use of temporary work. D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. ' End of Section 01500 1 1 1 1 1 1 I. City of Fayettevillc 09/20/02 Page 01500-5 I I Section 01620 I 1J C] STORAGE AND PROTECTION Part 1 - GENERAL 1.1 SUMMARY A. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. IB. Related work: I I I I I I J I 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Additional procedures also may be prescribed in other Sections of these Specifications. 1.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 13 MANUFACTURERS' RECOMMENDATIONS A. Except as otherwise approved by the Engineer, determine and comply with manufacturers' recommendations of product handling, storage, and protection. 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. Engineer may reject as non -complying such material and products that do not bear identification satisfactory to Engineer as to manufacturer, grade, quality, and other pertinent information. 1.5 STORAGE IA. Store materials, supplies and equipment in an orderly fashion at the site of the work as will not unduly interfere with the progress of his work or of other contractors. 1.6 PROTECTION A. Provide the necessary care in unloading procedures to prevent damage to materials and I. City of Fayetteville 09/20/02 Page 01620-1 I equipment delivered to the job site. B. Provide necessary security fencing and measures to prevent damage through vandalism or theft. C. At all times safely guard Owner's property from injury or loss in connection with this Contract. At all times safely guard and protect the Work, and that of adjacent property, from damage— Furnish, maintain, and use such equipment as may be necessary to protect adjacent property from damage caused by construction equipment, dust, mud, dirt, and refuse from operations. Failure to prevent such damage shall be cause for stopping the Work until dust, mud, dirt, and refuse are controlled. Be fully responsible for safety precautions and protection until acceptance of the Work. D. Exercise due care to avoid damage to existing improvements or facilities, fences, building, structures, adjacent properties, and trees and shrubs that are not to be removed. E. In the event of temporary suspension of work, or during inclement weather, or whenever Engineer shall direct, direct Subcontractors to carefully protect the Work and materials against damages or injury from the weather. 1.7 REPAIRS AND REPLACEMENTS A. In event of damage, promptly make replacements and repairs to the approval of Engineer and at no additional cost to Owner. B. Additional time required to secure replacements and to make repairs will not be considered by Engineer to justify an extension in the Contract Times. End of Section 01620 L I I I I I J H H L I H Li C1 El City of Fayetteville 09/20/02 Page 01620-2 U I [1 n I I I n ;1 I I I :1 11 Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS Part 1- GENERAL 1.1 SUMMARY A. This Section describes product options available to the Contractor, plus procedures for securing approval of proposed substitutions. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Make submittals in accordance with pertinent provisions of Section 01300. 1.2 PRODUCT OPTIONS A. The Contract is based on standards of quality established in the Contract Documents. 1. In agreeing to the terms and conditions of the Contract, Contractor has accepted a responsibility to verify that the specified products will be available and to place orders for all required materials in such a timely manner as is needed to meet agreed upon construction schedule. 2. Neither Owner nor Engineer has agreed to the substitution of materials or methods called for in the Contract Documents, except as they may specifically otherwise state in writing. B. Materials and/or methods specified by name: 1. Where materials and/or methods are specified by naming one single manufacturer and/or model number, without stating that equal products will be considered, only the material and/or method named is approved for incorporation into the Work. 2. Should Contractor demonstrate to the satisfaction of Engineer that a specified material or method was ordered in a timely manner and will not be available in time for incorporation into this Work, Contractor shall submit to Engineer such data on proposed substitute materials and/or methods as are needed to help Engineer deternvne suitability of the proposed substitution. C. Where materials and/or methods are specified by name and/or model number, followed by the words "or equal': 1. The material and/or method specified by name establishes the required standard of quality; 2. Materials and/or methods proposed by Contractor to be used in lieu of materials and/or methods; Cityof Fayetteville 09/20/02 Page 01630-1 3. Information on proposed substitutions shall be submitted to Engineer in triplicate in accordance with Paragraph 6.05.A of the General Conditions. D. The following products do not require further approval except for interface within the Work: -17 Products specified by reference to standard specifications such as ASTM, AWWA, and - similar standards; 2. Products specified by manufacturer's name and catalog model number. E. Where the phrase "or equal," or "or equal as approved by Engineer," occurs in the Specifications, do not assume that the materials, equipment, or methods will be approved as equal unless the item has been specifically so approved for the Work by Engineer. F. The decision of Owner shall be final. 13 REIMBURSEMENT OF ENGINEER'S COSTS A. In the event substitutions are proposed to Engineer after the Contract has been awarded, Engineer will record all time used by Engineer and Engineer's consultants in evaluating each such proposed substitution. B. Whether or not Engineer approves a proposed substitution, Contractor promptly upon receipt from Owner of Engineer's billing shall reimburse Owner for the charges of Engineer and Engineer's Consultants for evaluating each such proposed substitute item. 1.4 DELAYS I I I I L I A. Delays in construction arising by virtue of the non -availability of a specified material and/or method will not be considered by Engineer as justifying an extension of the agreed Contract Time. End of Section 01630 I H I H L I City of Fayetteville 09/20/02 Page 01630-2 ' I Section 01700 ' CONTRACT CLOSEOUT ' Part 1- GENERAL 1.1 SECTION INCLUDES A. Description of an orderly and efficient transfer of the completed Work to Owner. ' B. Expands upon requirements regarding project closeout procedures, final cleaning, adjusting, project record documents, operation and maintenance data, and warranties described to permit direct reference from individual product specification Sections. C. Related work: Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE ' A. Prior to requesting inspection by Engineer, use adequate means to assure that the Work is completed in accordance with the specified requirements and is ready for the requested inspection. 13 PROCEDURES A. Substantial Completion: Ii. Prepare and submit the list required by the first sentence of Paragraph 14.04 of the General Conditions. 2. Within a reasonable time after receipt of the list, Engineer will inspect to determine ' status of completion. 3. Should Engineer determine that the Work is not substantially complete: a. Engineer promptly will so notify Contractor, in writing, giving reasons therefore. ' b. Remedy the deficiencies and notify Engineer when ready for reinspection. c. Engineer will reinspect the Work. 4. When Engineer concurs that the Work is substantially complete: ' a. Engineer will prepare a "Certificate of Substantial Completion", accompanied by Contractor's list of items to be completed or corrected, as verified by Engineer. b. Engineer will submit the Certificate to Owner and Contractor for their written acceptance of the responsibilities assigned to them in the Certificate. B. Final Completion: 1. Prepare and submit the notice required by the first sentence of Paragraph 14.06 of the General Conditions. ' 2. Verify that the Work is complete including, but not necessarily limited to, the items mentioned in Paragraph 14.07.A of the General Conditions. 3. Certify that: City of Fayetteville 09/20/02 Page 01700-1 II a. Contract Documents have been reviewed; b. Work has been inspected for compliance with the Contract Documents; c. Work has been completed in accordance with the Contract Documents; d. Equipment and systems have been tested as required, and are operational; and e. Work is' completed and ready for final inspection. , 4. Engineer will make an inspection to verify status of completion. 5. Should Engineer determine that the Work is incomplete or defective: a. Engineer promptly will so notify Contractor and Owner, in writing, listing the incomplete .or defective work. b. Remedy the deficiencies promptly, and notify Engineer when ready for reinspection. 6. When Engineer determines that the Work is acceptable under the Contract Documents, he will request Contractor to make closeout submittals. C. Closeout submittals include, but are not necessarily limited to: ' 1. Project Record Documents. 2. Operation and maintenance data for items so listed in pertinent other Sections of these Specifications, and for other items when so directed by Engineer. 3. Warranties and Bonds 4. Specifications with recorded changes made by addenda. 5. Spare parts and materials extra stock 6. Evidence of compliance with requirements of government agencies having jurisdiction including, but not necessarily limited to: a. Certificates of Inspection; b. Certificates of Occupancy; 7. Certificates of Insurance for products and completed operations; 8. Evidence of payment and release of liens; 9. List of subcontractors, service organizations, and principal vendors, including names, addresses, and telephone numbers where they can be reached for emergency service at all times including nights, weekends, and holidays. D. Final adjustment of accounts: Submit a final statement of accounting to Engineer, showing all adjustments to the Contract Price. A final Change Order reconciling quantities installed to contract amounts will be issued. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. C. Restore areas disturbed by the Work, as specified in Section 02261. 1.5 ADJUSTING ' A. Adjust operating equipment to ensure smooth and unhindered operation. City of Fayetteville 09/20/02 Page 01700-2 1 I Ii I I [1 I Il I Li I Li I 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; protect from deterioration and from loss and damage until completion of the Work; record actual revisions to the Work. Do not use the record documents set for any purpose except entry of new data and for review by Engineer. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. Failure to promptly make notations on Record Documents will be considered in evaluating requests for progress payments. 1. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. 2. Date all entries. 3. Call attention to the entry by a "cloud" drawn around the area or areas affected. 4. In the event of overlapping changes, use different colors for the overlapping changes. D. Specifications: Legibly mark and record at each product section description of actual products installed, including the following. 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Details not on original Contract Drawings. F. Submittal, Review, and Approval 1. Submit the completed set of Project Record Documents to Engineer for review. 2. Participate in review meetings as required. 3. Make required changes and promptly deliver the final Project Record Documents to Engineer. ' G. Contractor has no responsibility for recording changes in the Work subsequent to Final Completion, except for changes resulting from work performed under Warranty. 1.7 OPERATION AND MAINTENANCE DATA A. Submit three sets prior to final inspection, bound in 8-1/2 x 11 inch text pages, three ring capacity ' expansion binders with durable plastic covers. ' City of Fayetteville 09/20/02 Page 01700-3 I B. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required.. - C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below, with tab titling clearly printed under reinforced laminated plastic tabs. D. Contents: Prepare a Table of Contents for each volume, with each product or system description identified, type on 30 pound white paper. E. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. ' 3. Parts list for each component. 4. Operating instructions. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for cleaning methods, materials, and special precautions identifying detrimental agents. G. Part 3: Project documents and certificates, including the following: 1. Shop Drawings and product data. 2. Certificates. 3. Photocopies of warranties. H. Submit one copy of completed volumes in final form fifteen (15) days prior to final inspection. This copy will be returned after final inspection, with Engineer's comments. Revise content of documents as required prior to final submittal. I. Submit final volumes revised, within ten (10) days after final inspection. 1.8 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, Suppliers, and manufacturers. I C. Provide Table of Contents and assemble in three ring binder with durable plastic cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal 1 within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1 City of Fayetteville 09/20/02 Page 01700-4 ' 1.9 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual specification Sections. B. Deliver to Project site and place in location as directed; obtain receipt prior to final payment. 1.10 INSTRUCTION A. Instruct Owner's personnel in proper operation and maintenance of systems, equipment, and similar items which were provided as part of the Work. Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01700 City of Fayetteville 09/20/02 Page 01700-5 I Section 02050 IDEMOLITION ' Part I - GENERAL 1.1 SECTION INCLUDES A. At all locations where existing pavement is to be removed, neatly saw cut existing pavement full I. depth before removing. Edges are to be left neat, vertical, and in a straight line. B. Remove and dispose existing driving surface to provide for select "hillside" material, base material, curb and gutter, select backfill material and/or asphalt pavement, whatever may be applicable as indicated on the Drawings. C. Remove and dispose of existing concrete drainage structures, pipes, flumes, inlets, guardrail, chain link fence, retaining walls, sidewalks, driveways, and curb & gutter as shown on the Drawings. Disposal and removal of miscellaneous pipe and other type items in the construction area that are not specifically paid for under other bid items shall be considered incidental to Excavation. D. All items that are included in demolition (preparing the site for new construction), which may or may not be enumerated in this section, and not paid for under a separate item shall be paid for 1 under Excavation. 1.2 SEQUENCING AND SCHEDULING ' A. Demolition work may be scheduled to be completed prior to other work to be performed in the area, but not so far in advance that the general public is inconvenienced any more than is necessary. Demolition of any item on the AHTD right of way shall be coordinated with AHTD and the City of Fayetteville Traffic Department. Part 2 -PRODUCTS Not Used Part 3- EXECUTION 3.1 EXAMINATION A. Verify with Engineer the limits of pavement removal. B. Examine all demolition material. Remove and dispose of in accordance with all local, state, and federal laws. 3.2 DEMOLITION ' A. Saw cut and remove pavement where indicated on the Drawings. Take care to avoid damage to adjacent pavement. City of Fayetteville 09/20/02 Page 02050-1 I. B. Existing base material shall be removed to subgrade and removed from the site. However, the base material removal shall be paid for under the common excavation pay item not site preparation. Removed base material shall not be reused as base course at other locations on site. 3.3 CLEANING ' A. Clean demolished areas. Restore area per Section 02261, unless other construction is scheduled to take place in that area. I End of Section 02050 •1 I 1 1 II 1 City of Fayetteville 09/20/02 Page 02050-2 ' Section 02100 SITE PREPARATION ' Part I - GENERAL 1.1 SECTION INCLUDES ' A. Clearing ' B. Grubbing C. Preserved Vegetation D. Scalping E. Isolated Tree Clearing F. Miscellaneous 1.2 RELATED SECTIONS A. Measurement and payment for work under this section is specified in Section 01025. B. Demolition is specified in Section 02050. ' C. Excavation and embankment are specified in Section 02220. D. Roadbed preparation is specified in Section 02230. 13 UNIT PRICES A. Unit prices for work covered under this section are defined in Section 01025, if any, including incidentals, related work, method of measurement, and partial payment provisions. ' 1.4 QUALITY ASSURANCE A. Work under this section shall be performed by workers trained and experienced in this type of work. B. Vegetation preservation work shall be accomplished by qualified tree surgeons, landscape architects or contractors, or horticulturalists. ' 1.5 SUBMITTALS A. If requested, submit evidence of permission to dispose of site preparation debris on private property. Part 2 -PRODUCTS 1 Not Used. City of Fayetteville 09/20/02 Page 02100-1 Part 3 - EXECUTION 3.1 GENERAL , -A. The limits of construction for the Work shall be prepared for excavation and embankment and road construction by a combination of clearing & grubbing, vegetation preservation, or any other miscellaneous item of work needed to prepare the site for construction of other pay items. Each item of work is considered a separate type of site preparation defined as follows: 1. Clearing - The cutting and removal of all trees, brush, and other objectionable growth, and the removal and disposal of logs, rubbish piles, refuse dumps, sawdust piles, lumbering slash, and other objectionable matter from the surface of the ground in the areas shown on the plans or designated by the Engineer. 2. Grubbing - The grubbing and removal of all stumps, roots, and other objectionable matter, lying wholly or in part below the surface of the ground. 3. Preserved Vegetation - Areas of the right-of-way containing trees and brush that are not to be disturbed except for trimming above the roadbed or to protect vegetation from nearby construction. 4. Scalping - Removal and disposal of material such as saplings less than 4 inches in diameter measured 12 inches above ground, logs, brush, roots, grass, residue of agricultural crops, refuse dumps, and decayed matter. 5. Isolated Tree Clearing - The cutting, grubbing, and removal of individual, isolated trees and stumps greater than 4 inches diameter measured 12 inches above ground, in areas that are otherwise to be scalped; isolated tree clearing does not apply to areas that are cleared and grubbed. 6. Miscellaneous - Demolition, removal, relocation, repair, or any item that is temporarily or permanently in conflict with the proposed items of work. Typically any item that is not specifically noted as a pay item. It may or may not be indicated on the Drawings. 3.2 CLEARING & GRUBBING A. The right-of-way shall be cleared of stumps, brush, logs, rubbish, trees, and shrubs, with the exception of such trees, shrubs, and areas designated on the plans or by the Engineer for preservation. Grubbing of stumps shall be required regardless of the fill height. B. Low -hanging, unsound, or unsightly branches shall be removed from trees or shrubs designated to remain. Branches of trees extending over the roadbed shall be trimmed to give a clear height of 20' above the roadbed surface. Trimming shall be done by skilled worker and according to good tree surgery practices. 3.3 PRESERVED VEGETATION I A. Carefully protect vegetation to remain from abuse, marring, or damage during construction operations. B. In case of injury to bark, limbs, or roots of vegetation designated to remain, repair such damage by corrective pruning or other appropriate methods. C. Remove low -hanging, unsound, or unsightly branches from trees or shrubs designated to remain. Trim branches of trees extending over the roadbed to give a clear height of 20 feet above roadbed surface. ' Accomplish trimming with skilled workers and in accordance with good tree surgery practices. City of Fayetteville 09/20/02 Page 02100-2 ' I I I I D. Parking and servicing equipment under branches of trees designated to remain is not allowed. 3.4 SCALPING A. Scalp areas where excavation or embankment is to be made. Store topsoil material. B. Place suitable topsoil material resulting from scalping operations on finished slopes, adjacent to the area from which it is obtained, after excavation or embankment operations are complete. 3.5 ISOLATED TREE REMOVAL ' A. Cut and clear and grub isolated trees designated for removal and grub stumps from previously cleared trees as required for clearing and grubbing. 1 I I [1 I I I I I I 3.6 MISCELLANEOUS A. Any item not noted under another pay item that may or may not be indicated on the Drawings that needs to be removed or relocated to prepare the site for other items of work that have been noted as a pay item will be included in Site Preparation. Examples include but are not limited to; Removing and disposing of existing pipes, removing and disposing of existing pavement(gravel and asphalt), removing and disposing of existing concrete, removing and reconstructing any existing structure that may need to be modified for construction. Relocating mailboxes, fencing, guardrails, signs or any other item that will require relocation or reconstruction. 3.7 DISPOSAL OF EXCESS MATERIALS A. Merchantable timber in the site preparation area that has not been removed from right-of-way prior to the beginning of construction shall become the property of Contractor, unless otherwise provided. B. Burning is not permitted. C. Remove from the site materials and debris, and dispose at locations off -site, in accordance with applicable laws and regulations. I1'a private disposal site is utilized for disposal, provide evidence when requested by Owner that the selected disposal site meets applicable laws and regulations for such disposal. End of Section 02100 City of Fayetteville 09/20/02 Page 02100-3 Section 02161 EXCAVATION SAFETY PARTI- GENERAL 1.1 SECTION INCLUDES Excavation safety measures, including materials and methods, required by 29 CFR 1926 Subpart P. 1.2 RELATED SECTIONS 01025 Measurement and Payment 01500 Construction Facilities and Temporary Controls 02221 Trenching, Backfiilling and Compacting 1.3 REFERENCE STANDARD 29 CFR 1926 Subpart P - Occupational Safety and Health Standards - Excavations A copy of the Reference Standard follows this page. This is included as a reference only. The Contractor shall attain his own copy of 29 CFR 1926 Subpart P and be responsible for the interpretation and compliance with this standard. PART 2- MATERIALS Not Used PART 3- EXECUTION Not Used End of Section 02161 City of Fayetteville 09/20/02 Page 02161-1 §1926.606 • : 29 CFR Ch- XVII (7-1-92 Edition) ' (6) Obstructions shall not be laid on or across the gangway. (7) The means of access shall be ade- quately illuminated for its full length. • (8) Unless the structure makes it im-, possible, the means .of access shall -be so locatedthat the load will not pass over employees. (c) Working surfaces of barges. (1) Employees shall not be permitted to walk along the sides of covered light- ers or barges .with coamings more than 5 feet high, unless there is a 3 -foot clear walkway, or a grab rail, or a taut handline is provided. (2) Decks and other working sur- faces shall be maintained in a safe condition. (3) Employees shall not be permitted to pass fore. and aft, —over, or around deckloads, unless there is a safe pas- sage. (4) Employees shall not be permitted to walk over deckloads from rail to 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, coarning, .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 lop of the apron to the surface of the water. If the above equipment is not available at the pier, the employer shall furnish it during the time that he is working the barge. (3) Employees walking or working on the unguarded decks of barges shall be protected with U.S. Coast Guard -ap- proved work vests or buoyant vests. (e) Commercial diving operations. Commercial diving operations shall be subject to subpart T of part 1910, §§ 1910.401-1910.441, of this chapter. C39 FR 22801, June 24, 1974, as amended at 42 FR 37674, July 22, 19771 § 1926.606 Definitions applicable to this subpart. (a) Apron —The area along the terfront edge of the pier or wharf. (b) Bulwark —The side of a s above the upper deck. (c) Coaming—The raised. frame, around a hatchway in the deck, keep out water. (d) Jacob's. ladder —A marine lad of rope or chain with wooden or m rungs. _ (e) Rail, for the purpose § 1926.605, means a light struct serving as a guard at the outer edge a ship's deck. Subpart P=Excavations wa- hip •as to der etal of ure of Auraoarry- 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. Bout=: 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. I L 1 I I I I I I I I I I I I [1 218 ' Occupational Safety and Health Admin., Labor § 1926.650 I I I F H I I I I I 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 - C § 1926.651 29 CFR Ch. XVII (7-1-92 Edition) cavation is secured against caving -in or movement by rock bolts or by another protective system that has been de- signed by a registered professional en- gineer. Structural ramp means a ramp built of steel or wood, usually used for vehi- cle access. Ramps made of soil or rock are not considered structural ramps.. Support system means a structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure,, underground in- stallation, or the sides of an excava- tion. Tabulated data means tables and charts approved'by a registered profes- sional engineer and used to design and construct a protective system. Trench (Trench excavation) niea.ns 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 boa. 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 - stallations, such as sewer, telephone, fuel, electric, water lines, or any other underground installations that reason- ably may be expected to be encoun- tered during excavation work, shall be determined prior to opening an exca- vation. (2) Utility companies or owners shall be contacted within established or cus- tomary local response times, advised of the proposed work, and asked to es- tablish the location of the utility un- derground installations prior to the start of actual excavation. When utili- ty companies or owners cannot re- spond to a request to locate under- ground utility installations within 24 hours (unless a longer period is re- quired by state or local law), or cannot establish the exact location of these installations, the employer may pro- ceed, provided the employer does so with caution, and provided detection equipment or other acceptable means to locate utility installations are used. (3) When excavation operations ap- proach the estimated location of un- derground installations, the exact lo- cation of the installations shall be de- termined by safe and acceptable means. (4) While the excavation is open, un- derground installations shall be pro- tected, supported or removed as neces- sary to safeguard employees. (c) Access and egress —(1) Structural ramps. (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 onnected together to prevent dis- dacement. (iii) Structural members used for amps and runways shall be of uni- orm thickness. (iv) Cleats or other appropriate ieans used to connect runway struc- iral members shall be attached to the ottom of the runway or shall be at - I -1 I I I I I 11 I J I I i I I I I 220 ' Occupational Safety and Health Admin., Labor § 1926.651 I I I I I I7 J r - I I L I I tached in a manner to prevent trip- ping. (v) Structural ramps used in lieu of steps shall be provided with cleats or other surface treatments on the top surface to prevent slipping. (2) Means of egress from trench exca- vations. A stairway, ladder, ramp or other safe means of egress shall be lo- cated in trench excavations that are 4 feet (1.22 m) or more in depth so as to require no more than 25 feet (7.62 m) of lateral travel for employees. (d) Exposure to vehicular traffic. Employees exposed to public vehicular traffic shall be provided with, and shall wear, warning vests or other suit- able garments marked with or made of reflectorized or high -visibility materi- al. (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 —(1) Testing and controls. In addition to the requirements set forth in subparts D and E of this part (29 CPR 1926.50- 1926.107) to prevent exposure to harmful levels of atmospheric con- taminants and to assure acceptable at- mospheric conditions, the following re- quirements shall apply: (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 or excavations in areas where hazardous substances are stored nearby, the atmospheres in the excavation shall be tested before em- ployees enter excavations greater than 4 feet (1.22 m) in depth. (ii) Adequate precautions shall be taken to prevent employee exposure to atmospheres containing less than 19.5 percent oxygen and other hazardous atmospheres. These precautions in- clude providing proper respiratory protection or ventilation in accordance with subparts D and E of this part re- spectively. (iii) Adequate precaution shall be taken such as providing ventilation, to prevent employee exposure to an at- mosphere containing a concentration of a flammable gas in excess of 20 per- cent of the lower flammable limit of the gas. (iv) When controls are used that are intended to reduce the level of atmos- pheric contaminants to acceptable levels, testing shall be conducted as often as necessary to ensure that the atmosphere remains safe. (2) Emergency rescue equipment. (i) Emergency rescue equipment, such as breathing apparatus, a safety harness and line, or a basket stretcher, shall be readily available where hazardous at- mospheric conditions exist or may rea- sonably be expected to develop during work in an excavation. This equipment shall be attended when in use. (ii) Employees entering bell-bottom pier holes, or other similar deep and confined footing excavations, shall wear a harness with a life -line securely attached to it. The lifeline shall be separate from any line used to handle' materials, and shall be individually at- tended at all times while the employee wearing the lifeline is in the excava- tion. (h) Protection from hazards associ- ated with water accumulation. (1) Em- ployees shall not work in excavations in which there is accumulated water, or in excavations in which water is ac- cumulating, unless adequate precau- tions have been taken to protect em- ployees against the hazards posed by water accumulation. The precautions necessary to protect employees ade- quately vary with each situation, but I 221 § 1926.651 29 CFR Ch. XVII (7-1-92 Edition) could include special support or shiel systems to.. protect from cave -In water removal to control the level accumulating. water, or use of a safet harness and lifeline. (2) If water is controlled or prevent ed from accumulating by the use o water removal equipment, the wate removal equipment and operatio 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 provide adequate drainage of the area adja- cent to the excavation. Excavations subject to runoff from heavy rains will require an inspection by a competent person and compliance with para- graphs (h)(1) and (h)(2) of this sec- tion. (i) •Stability of adjacent structures, 'Where here the stability of adjoining buildings, walls, or other structures is endangered by excavation operations, support systems such as shoring, brac- ing, or underpinning shall be provided to ensure the stability of such struc- tures for the protection of employees. (2) Excavation below the level of the base or footing of any foundation or retaining wall that could be reason- ably expected to pose a hazard to em- ployees shall not be permitted except when: (1) 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 .d. to protect employees from the possible s,' collapse of such structures. of (j) Protection of -employees from Y loose rock or soil. (1) Adequate protec- tion shall be provided to protect em- ployees from loose rock or soil that f could pose a hazard by falling or roll - r ing from an excavation face. Such pro- ps 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 tarn falling material; or -other means • that provide equivalent protection. e (2).' Employees' shall be protected • from excavated or other materials or equipment that could pose a hazard by falling or rolling into excavations. Pro- tection shall be' provided by- placing and keeping such materials or equip- ment at least 2 feet (.61 m) from the edge of excavations, or by the use of • retaining devices that are. sufficient to prevent materials or equipment from falling or rolling into excavations, or by a combination of both if necessary. (k) Inspections. (1) Daily inspections • of excavations, the adjacent areas, and protective systems shall be made by a competent person_ for evidence of a sit- uation that could result in possible cave-ins, indications of failure of pro- tective systems, hazardous atmos- pheres, or other hazardous conditions. An inspection shall be conducted by the competent person prior to the start of work and as needed through- out the shift. Inspections shall also be made after every rainstorm or other hazard increasing occurrence. These inspections are only required when employee exposure can be reasonably anticipated - (2) Where the competent person finds evidence of a situation that could result in a possible cave-in, indications of failure of protective systems, 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. I I Ii I I I I 1 I I E I I I 222 occupational Safety and Health Admin., Labor § 1926.652 I I I I I I I I I U L I C] 1 I I I 1 (2) Adequate barrier physical protec- tion shall be provided at all remotely located excavations. All wells, pits, shafts, etc., shall be barricaded or cov- ered. Upon completion of exploration and similar operations, temporary wells, pits, shafts, etc., shall be back - filled. § 1926.652 Requirements for protective systems. (a) Protection of employees in exca- vations. (1) Each employee in an exca. vation shall be protected from cave-ins by an adequate protective system de- signed in accordance with paragraph (b) or (c) of this section except when: (i) Excavations are made entirely in stable rock; or (ii) Excavations are less than 5 feet (1.52m) in depth and -examination of the ground by a competent person provides no indication of a potential cave-in. (2) Protective systems shall have the capacity to resist without failure all loads that are intended or could rea- sonably be expected to be applied or transmitted to the system. (b) Design of sloping and benching systems. The slopes and configurations of sloping and benching systems shall be selected and constructed by the em- ployer or his designee and shall be in accordance with the requirements of paragraph (b)(1); or, in the alterna- tive, paragraph (b)(2); or, in the alter- native, paragraph (b)(3), or, in the al- ternative, paragraph (b)(4), as follows: (1) Option (1) —Allowable configura- tions and slopes. (i) Excavations shall be sloped at an angle not steeper than one and one-half horizontal to one vertical (34 degrees measured from the horizontal), unless the employer uses one of the other options listed below. (ii) Slopes specified in paragraph (b)(1)(i) of this section, shall be exca- vated to form configurations that are in accordance with the slopes shown for Type C soil in Appendix B to this subpart. (2) Option (2) —Determination of slopes and configurations using Ap- pendices A and B. Maximum allowable slopes, and allowable configurations for sloping and benching systems, shall be determined in accordance with the conditions and requirements set forth in appendices A and B to this subpart. (3) Option (3) —Designs using other tabulated data. (i) Designs of sloping or benching systems shall be selected from and be in accordance with tabu- lated data, such as tables and charts. (ii) The tabulated data shall be in written form and shall include all of the following: (A) Identification of the parameters that affect the selection of a sloping or benching system drawn from such data; (B) Identification of the limits of use of the data, to include the magnitude and configuration of slopes deter- mined to be safe; (C) Explanatory information as may be necessary to aid the user in making a correct selection of a protective system from the data. (iii) At least one copy of the tabulat. ed data which identifies the registered professional engineer who approved the data, shall be maintained at the jobsite during construction of the pro- tective system. After that time the data may be stored off the jobsite, but a copy of the data shall be made avail- able to the Secretary upon request. (4) Option (4) —Design by a regis- tered professional engineer. (i) Sloping and benching systems not utilizing Option (1) or Option (2) or Option (3) under paragraph (b) of this section shall be approved by a registered pro- fessional engineer. (ii) Designs shall be in written form and shall include at least the follow- ing: (A) The magnitude of the slopes that were determined to be safe for the particular. project; (B) The configurations that were de- termined to be safe for the particular project; and (C) The identity of the registered professional engineer approving the design. (iii) At least one copy of the design shall be maintained at the jobsite while the slope is being constructed. After that time the design need not be at the jobsite, but a copy shall be made available to the Secretary upon request. (c) Design of support systems, shield systems, and other protective systems. ' 223 §1926:652 .29 CFR=Ch. XVH<7-1-92-Eilition3 , Designs '.of supportsystems,shleld sys- (A) Identification of :the•.parameters tems, • and other protective systems that affect the selection of a :protec- I shall be. selected •and constructed by tive system drawn from such data; . the•employerior his designee: and ha11 .(B) Identi.fication.of the-limits.of.use be in accordance with the .require- of .the data; I merits ofpirigraph (c)(1); or, 'in'the (-CG)Explanatory information'as-may alternativj,+par2graph tc)(2); or, in'•the ,'be necessary.to .aid.the user in making. alternatiye,;.paragraph (a)(3); or, in.f13' a •correct selection of a'.protec'tive- I alternative' :paragraph (c)(4) .as fol- •system fromthedata. lows: •(iii) Ai least one copy of:-the:tabuiat- (1) Option (1) —Designs using appen- ed data, which identifies S.he 'regis dices A, C and D. Designs for timber tered professional engineer wiio ap- , shoring in 'trenches shall be .deter- proved the data, shall be maintained mined in accordance with the condi- at the jobsite during construction -of-- tions and requirements set forth in ap- the protective system After that time pen dices A and C to this subpart. De- the .data may be stored off the jobsite, signs for. aluminum hydraulic shoring but a copy of the data shall be made raph available to the Secretary upon re - shall be in accordance with paragquest. ' (c)(2) of this section, but if manufac- turer's tabulated data cannot be uti- t(4) Option (4) —Design by a regis- lized, designs shall be in accordance ered professional engineer. s Sup - with appendix D. Port systems, shield systems, and , (2) Option (2) —Designs Using Manu- other protective systems not utilizing facturer's Tabulated Data. (i) Design shall beOption lp2 approvedby or Option registered pro- of support systems, shield systems, or fessional engineer. other protective systems that are (ii) Designs shall be in written form drawn from manufacturer's tabulated and shall include the following: data shall be in accordance with all (A) A plan indicating the sizes, I specifications, recommendations, and types, and configurations of the mate - limitations issued or made by the man- rials to be used in the protective ufacturer. system; and ' (ii) Deviation from the specifica- (B) The identity of the registered tions, recommendations, and limita- professional engineer approving the tions issued or made by the manufac- design. turer shall only be allowed after the (iii) At least one copy of the design , manufacturer issues specific written shall be maintained at the jobsite approval. during construction of the protective (iii) Manufacturer's specifications, system. After that time, the design , recommendations, and limitations, and may be stored off the jobsite, but a manufacturer's approval to deviate- copy of the design shall be made avail - from the specifications, recommenda- able to the Secretary upon request. ' tions, and limitations shall be in writ- (d) Materials and equipment. (1) Ma - ten form at the jobsite during con- terials and equipment used for protec- struction of the protective system. tive systems shall be free from damage After that time this data may be or defects that might impair : their , stored off the jobsite, but a copy shall proper function. be made available. to the Secretary ui(2sefor materials and upon request, equipment used for protective systems (3) Option u (3) Designs using other shall be used and maintained in a tabulated data. (i) Designs manner that is consistent with the rec- of support ornmendations of the manufacturer, systems, shield systems, or other pro- and in a manner that will prevent em- ' tective systems shall be selected from ployee exposure to hazards. and be in accordance with tabulated (3) When material or equipment data, such as tables and charts, that is used for protective systems is ' (ii) The tabulated data shall be in damaged, a competent person shall ex= written form and include all of the fo1- amine the material or equipuient:and lowing: evaluate its suitability for continued 224 Occupational Safety and Health Admin., Labor Subpt. P, App. A I I I I I I I I I I I Ii I I I I I I I use. If the competent person cannot assure the material or equipment is able to support the intended loads or is otherwise suitable for safe use, then such material or equipment shall be removed from service, and shall be evaluated and approved by a regis- tered professional engineer before being returned to service. (e) Installation and removal of sup- port —(1) General. (i) Members of sup- port systems shall be securely connect- ed together to prevent sliding, failing, kickouts, or other predictable failure. (ii) Support systems shall be in stalled and removed in a manner that protects employees from cave-ins, structural collapses, or from being struck by members of the support system. (iii) Individual members of support systems shall not be subjected to loads exceeding those which those members. were designed to withstand. (iv) Before temporary removal of in- dividual members begins, additional precautions shall be taken to ensure the safety of employees, such as in- stalling other structural members to carry the loads imposed on the sup- port system. (v) Removal shall begin at, and progress from, the bottom of the exca- vation. Members shall be released slowly so as to note any indication of possible failure of the remaining mem- bers of the structure or possible cave- in of the sides of the excavation. (vi) Backfilling shall progress to- gether with the removal of support systems from excavations. - (2) Additional requirements for sup- port systems for trench excavations. (i) Excavation of material to a level no greater than 2 feet (.61 m) below the bottom of the members of a support system shall be permitted, but only if the system is designed to resist the forces calculated for the full depth of the trench, and there are no indica- tions while the trench is open of a pos- sible loss of soil from behind or below the bottom of the support system. (ii) Installation of a support system shall be closely coordinated with the excavation of trenches. (f) Sloping and benching systems. Employees shall not be permitted to work on the faces of sloped or benched excavations at levels above other em- ployees except when employees at the lower levels are adequately protected from the hazard of falling, rolling, or sliding material or equipment. (g) Shield systems —(1) General. (i) Shield systems shall not be subjected to loads exceeding those which the system was designed to withstand. (ii) Shields shall be installed in a manner to restrict lateral or other hazardous movement of the shield in the event of the application of sudden lateral loads. (iii) Employees shall be protected from the hazard of cave-ins when en- tering or exiting the areas protected by shields. (iv) Employees shall not be allowed in shields when shields are being in- stalled, removed, or moved vertically. (2) Additional requirement for shield systems used in trench excavations. Excavations of earth material to a level not greater than 2 feet (.61 m) below the bottom of a shield shall be permitted, but only if the shield is de- signed to resist the forces calculated for the full depth of the trench, and there are no indications while the trench is open of a possible loss of soil from behind or below the bottom of the shield. APPENDIX A TO SUBPART P -SOIL CLASSIFICATION (a) Scope and application —(l) Scope. This appendix describes a method of classifying soil and rock deposits based on site and envi- ronmental conditions, and on the structure and composition of the earth deposits. The appendix contains definitions, sets forth re- quirements, and describes acceptable visual and manual tests for use in classifying soils. (2) Application. This appendix applies when a sloping or benching system is de- signed in accordance with the requirements set forth in § 1926.652(b)(2) as a method of protection for employees from cave-ins. This appendix also applies when timber shoring for excavations is designed as a method of protection from cave-ins in ac- cordance with appendix C to subpart P of part 1926, and when aluminum hydraulic shoring is designed in accordance with ap- pendix D. This Appendix also applies Li other protective systems are designed and selected for use from data prepared in ac- cordance with the requirements set forth in § 1926.652(c), and the use of the data is 225 i 1 Subpt. P, App. A 29 CFR Ch. XV11 (7-1-92 Edition) predicated. on the use of the soil classtflca. tion system set forth in this appendix. . (b) Definitions. The definitions and exam- ples given below are based on, in whole or In part, the following: American Society for Testing Materials'(ASTM) Standards D653- 85 and D2488; The Unified Soils Classifica- tion System, The U.S. Department of Agri- culture (USDA) Textural Classification Scheme; and The National Bureau of Stand- ards Report BSS -121. Cemented soil means a soil in which the particles are held together by a chemical agent, such as calcium carbonate, such that. a hand -size sample cannot be crushed into powder or individual soil particles by finger pressure. Cohesive soil means clay (fine grained soil), or soil with a high clay content, which has cohesive strength. Cohesive soil does not crumble, can be excavated with vertical sideslopes, and is plastic when moist. Cohe- sive soil is hard to break up when dry, and exhibits significant cohesion when sub- merged. Cohesive soils include clayey silt, sandy clay, silty clay, clay and organic clay. Dry soil means soil that does not exhibit visible signs of moisture content. Fissured means a soil material that has a tendency to break along definite planes of fracture with little resistance, or a material that exhibits open cracks, such as tension cracks. in an exposed surface. Granular soil means gravel. sand, or silt, (coarse grained soil) with little or no clay content. Granular soil has no cohesive strength. Some moist granular soils exhibit apparent cohesion. Granular soil cannot be molded when moist and crumbles easily when dry. Layered system means two or more dis- tinctly different soil or rock types arranged in layers. Micaceous seams or weakened planes in rock or shale are considered lay-' ered. Moist soil means a condition in which a soil looks and feels damp. Moist cohesive 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- gorses ale 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 loan,, 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 I I I [J I I I J I 7 226 Occupational Safety and Health Admin., Labor Subpt. P, App. A U I I I I I � J G I I I I I I CI Unconfined compressive strength means the load per unit area at which a soil will fail in compression. It can be determined by laboratory testing, or estimated in the field using a pocket penetrometer, by thumb pen- etration tests, and other methods. Wet soil means soil that contains signifi- cantly more moisture than moist soil, but in such a range of values that cohesive materi- al will slump or begin to flow when vibrated. Granular material that would exhibit cohe- sive properties when moist will lose those cohesive properties when wet. (c) Requirements —(1) Classification of soil and rock deposits. Each soil and rock deposit shall be classified by a competent person as Stable Rock, Type A, Type B, or Type C in accordance with the definitions set forth in paragraph (b) of this appendix. (2) Basis of classification. The classifica- tlon of the deposits shall be made based on the results of at least one visual and at least one manual analysis. Such analyses shall be conducted by a competent person using tests described in paragraph (d) below, or in other recognized methods of soil classifica- tion and testing such as those adopted by the America Society for Testing Materials, or the U.S. Department of Agriculture tex- tural classification system - (3) Visual and manual analyses. The visual and manual analyses, such as those noted as being acceptable in paragraph (d) of this appendix, shall be designed and con- ducted to provide sufficient quantitative and qualitative information as may be nec- essary to identify properly the properties, factors, and conditions affecting the classifi- cation of the deposits. (4) Layered systems. In a layered system, the system shall be classified in accordance with its weakest layer. However, each layer may be classified individually where a more stable layer lies under a less stable layer. (5) Reclassification. If, after classifying a deposit, the properties, factors, or condi- tions affecting its classification -change in any way, the changes shall be evaluated by a competent person. The deposit shall be re- classified as necessary to reflect the changed circumstances. (d) Acceptable visual and manual tests. — (1) Visual tests. Visual analysis is conducted to determine qualitative information regard- ing the excavation site in general, the soil adjacent to the excavation, the soil forming the sides of the open excavation, and the soil taken as samples from excavated mate- rial. (i) Observe samples of soil that 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. (ii) Observe soil as it is excavated. Soil that remains in clumps when excavated is cohesive. Soil that breaks up easily and does not stay in clumps is granular. (iii) Observe the side of the opened exca- vation and the surface area adjacent to the excavation. Crack -like openings such as ten- sion cracks could indicate fissured material. If chunks of soil spall off a vertical side, the soil could be fissured. Small spalls are evi- dence of moving ground and are indications of potentially hazardous situations. (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 Vs -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 Vi -inch thread can be held on one end without tear- ing, the soil is cohesive. (ii) Dry strength. If the soil is dry and crumbles on its own or with moderate pres- sure into individual grains or fine powder, it is granular (any combination of gravel, sand, or silt). If the soil Is dry and falls into clumps which break up Into smaller clumps, but the smaller clumps can only be broken up. with difficulty,_ it may be clay In any combination with gravel, sand or silt. If the dry soil breaks into clumps which do not break up into small clumps and which can only be broken with difficulty, and there is no visual indication the soil is fissured, the soil may be considered unfissured. (Iii) Thumb penetration. The thumb pene- tration test can be used to estimate the un- confined compressive strength of cohesive soils. (This test is based on the thumb pene- tration test described in American Society for Testing and Materials (ASTM) Standard designation D2488 —"Standard Recommend. ed Practice for Description of Soils (Visual - I 227 Subpt. P. App. B 29 CFR Ch. XV11 (7-1-92 Edition) 1 Manual Procedure):') Type A soils with an unconfined compressive strength of 1.5 tsf can be readily indented by the thumb: how- ever, they can be penetrated by the thumb only with very great effort. Type C soils with an unconfined compressive strength of 0.5 tsf can be easily penetrated several inches by the thumb, and can be molded by light finger pressure. This test should be conducted on an undisturbed soil sample, such as a large clump of spoil, as soon as practicable after excavation to keep to a ml- minum the effects of exposure to drying in- fluences. If the excavation is later exposed to wetting influences train, flooding), the classification of the soil must be changed ac- cordingly. (iv) Other strength tests. Estimates of un- confined compressive strength .of soils can also be obtained by use of a pocket pene- trometer or by using a hand -operated shear - vane. (v) Drying test The basic purpose of the drying test is to differentiate between cohe- sive material with fissures, unfissured cohe- sive material, and granular material. The procedure for the drying test involves drying a sample of soil that is approximate- ly one inch thick (2.54 cm) and six inches (15.24 cm) in diameter until it is thoroughly dry: (A) If the sample develops cracks as it dries, significant fissures are indicated. (B) Samples that dry without cracking are to be broken by hand. If considerable force is necessary to break a sample, the soil has significant cohesive material content. The soil can be classified as a unfissured cohe- sive material and the unconfined compres- sive strength should be determined. (C) If a sample breaks easily by hand, it is either a fissured cohesive material or a granular material. To distinguish between the two, pulverize the dried clumps of the sample by hand or by stepping on them. If the clumps do not pulverize easily, the ma- terial Is cohesive with fissures. If they pul- verize easily into very small fragments, the material is granular. 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 roiling down into the excavation. Maximum allowable -slope means the steepest incline of an excavation face that is acceptable for the most favorable site condi- tions as protection against cave-ins, and is expressed as the ratio of horizontal distance to vertical rise (H:V). Short term exposure means a period of time less than or equal to 24 hours that an excavation is open. (c) Requirements —(1) Soil classification. Soil and rock deposits shall be classified in accordance with appendix A to subpart P of part 1926. (2) Maximum allowable slope. The maxi- mum allowable slope for a soil or rock de- posit shall be determined from Table B-1 of this appendix. (3) Actual slope. (i) The actual slope shall not be steeper than the maximum allowable slope. (ii) The actual. slope shall be less steep than the maximum allowable slope, when there are signs of distress. If that situation occurs, the slope shall be cut back to an actual slope which is at least 'A horizontal to one vertical (SH: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. 7 Li I I I I I I I I I I I I El L I 228 Occupational Safety and Health Admin., Labor TABLE B-1 MAXIMUM ALLOWABLE SLOPES Subpf. P, App. B SOIL OR ROCK TYPE MA'iIMUM ALLOWABLE SLOPES(H:V)tl] FOR EXCAVATIONS LESS THAN 20 FEET STABLE ROCK VERTICAL(90t) TYPE A [21 3/4:1 (539 TYPE B 1:1 (459 TYPE C 111:1 (349 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 1/24:1V (63') is allowed in excavations in Type A soil that are 12 feet (3.67 m) or less in depth. Short-term maximum allowable slopes for excavations greater than 12 feet (3.67 m) in depth shall be 3/4H:1V (53'). 3. Sloping or benching for excavations greater than 20 feet deep shall be designed by a registered professional engineer. Figure B-1 ISlope Configurations (All slopes stated below are in the horizontal to vertical ratio) L.� I 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 %:l. 229 Subpf. P, App. B 20' Max. I ._ 4 29 CFI Ch. XVII (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. I 1/2 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 1 1 1 1 1 M 1 i 1 1 1 1 1 1 1 I 1 1 1 Occupational Safety and Health Admin., Labor SIMPLE BENCH Subpt. P, App: B I 1 1 1 1 1 1 20' Max. 5' Max. ' Max. MULTIPLE BENCH 3. All excavations 8 feet or less in depth which have unsupported vertically sided lower portions shall have a maximum vertical'side of 354 feet. UNSUPPORTED VERTICALLY SIDED LOWER PORTION -MAXIMUM a FEET rN 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 354 feet. 231 Subpt. P. App. B .r 29 CFR Ch. XVII (7-1-92 Edition) UNSUPPORTED VERTICALLY SIDED LOWER PORTION—MAIMIIM 12 b'EET 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. 3/4 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 Occupational Safety and Health Admin., Labor Subpt. P, App. B This bench allowed in cohesive soil only 20' Max 4' Max. SINGLE BENCH This bench • allowed in cohesive soil only 20' Max. ,/� LI "zx. 4' Max. MULTIPLEBENCH 3. All excavations 20 feet.or less in depth which have vertically sided lower portions shall be shielded or supported to a height at least 18 inches above the top of the vertical side. All such excavatloits shall have a maximum allowable slope of 1:1. 20' Max. Support. or shield system / 8" Min Total height of vertical side Subpt. P, App. B ,a 29 CPR Ch. XVII (7-1-92 Edition) VERTICALLY SIDED LOWER PORTION 4. All other sloped excavations shall be in accordance with the other options permitted in § 1926.652(b). B-1.3 Excavations Made in Type C Soil 1. All simple slope excavations 20 feet or less in depth shall have a maximum allowable slope of 154:1. I 1 20' Max. , 2j1 t5 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 18" Min. 234 Total height of vertical side FI L J E II Occupational Safety and Health Admin., Labor Subpt. P, App. B VERTICAL SIDED LOWER PORTION 3. All other sloped excavations shall be in accordance with the other options permitted in 4 1926.652(b). B-1.4 Excavations Made in Layered Soils 1. All excavations 20 feet or less in depth made in layered soils shall have a maximum allowable slope for each layer as set forth below. B OVER A C OVER A fl _ _ if - I 1 C OVER a Subpt. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) ' A OVER S I I I 7 A OVER C C � I I� B OVER C I 2. All other sloped excavations shall be in accordance with the other options permitted in § 1926.652(b). APPENDIx C TO SUBPART P -TIMBER SHORING FOR TRENCHES (a) Scope. This appendix contains infor- mation that can be used timber shoring is provided as a method of protection from cave-ins in trenches that do not exceed 20 feet (6.1 m) in depth. This appendix must be used when design of timber shoring protec- tive systems is to be performed in accord- ance with § 1926.652(c)(1). Other timber shoring configurations; other systems of support such as hydraulic and pneumatic systems; and other protective systems such as sloping, benching, shielding, and freezing systems must be designed in accordance with the requirements set forth in § 1926.652(b) and § 1926.652(c). (b) Soil Classification. In order to use the data presented in this appendix, the soil type or types in which the excavation is made must first be determined using the soil classification method set forth in appen- dix A of subpart P of this part. (c) Presentation of Information. Informa- tion is presented in several forms as follows: (1) Information is presented in tabular form in Tables C-1.1, C-1.2, and C-1.3, and Tables C-2.1, C-2.2 and C-2.3 following I P I �1 1 236 OccupationalSafety'and°Health Admin., Labor Subpt.-P;'App. C I I I 1J I I I I I I Li I [J I I I I I paragraph (g) of the appendix. Each table presents'the minimum sizes of timber mem- :bers to use in a shorL^.g system,and each table.containc dataonly for the particular soil .type in which the.excavatlon oor portion of the excavation is made. The data are ar- ranged to allow the user the flexibility -to • select from 'among severalacceptable con- flguraiions 'of members based on varying the horizontal spacing of the crossbraces. Stable rock is'exempt from shoring *require - merits and therefore, no data are -presented for this condition. (2) Information concerning the basis of the tabular data and the limitations of the data is presented in paragraph (d) of this appendix, and on the tables themselves. (3),Informatlon explaining the use of the tabular data is presented in paragraph Ce) of this appendix. (4) Information illustrating the use of the tabular data is presented in paragraph (I) of this appendix. (5) Miscellaneous notations regarding Tables C-1.1 through C-1.3 and Tables C- 2.1 through C-2.3 are presented in para- graph (g) of this Appendix. (d) Basis and limitations of the data. —(1) Dimensions o/ timber members. (ll 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 (NIBS) report, "Recommended Technical Provisions for Construction Practice in Shoring and Slop- ing of Trenches and Excavations." In addi- tion, where NBS did not recommend specific sizes of members, member sizes are based on an analysis of the sizes required for use by existing codes and on empirical practice. (ii) The required dimensions of the mem- bers listed in Tables C-1.1 through C-1.3 refer to actual dimensions and not nominal dimensions of the timber. Employers want- ing to use nominal size shoring are directed to Tables C-2.1 through C-2.3, or have this choice under 1 1926.652(c)(3),- and are re- ferred to The Corps of Engineers, The Bureau of Reclamation or data from other acceptable sources. (2) Limitation of application. (i) It is not intended that the timber shoring specifica- tion apply to every situation that may be experienced in the field. These data were developed to apply to the situations that are most commonly experienced in current trenching practice. Shoring systems for use in situations that are not covered by the data in this appendix must be designed as specified in 1 1926.652(c). (ii) When any of the following conditions are present, the members specified in the tables are not considered adequate. Either an alternate timber shoring system must be designed or another type of protective system designed in accordance with 1 1926.652. "(A) When loads Imposed by structures or by stored •material adjacent to .the trench weigh in excess of the load Imposed by a two -foot, soil •surcharge. The .term •'adJa- cent" as used here means the area within a horizontal distance ifrorntbeedgeof :tbe -trench equal to the depth of the trench. • (B). When vertical .loads lmposed_'on cross braces exceed a 240-pound•gravtty.Toad .dis- tributed on a one -foot. sectional the centgr of the crossbrace. (C) When surcharge loads are present from equipment weighing in excess of 20,00O pounds. (D) When only the lower portion of a trench is shored and the remaining portion of the trench is sloped or benched unless_ The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables. The members of the shoring system that are to be selected using this information are the cross braces, the uprights, and the wales, where wales are re- quired. Minimum sizes of members are spec- ified for use in different types of soil. There are six tables of information, two for each soil type. The soil type must first be deter- mined in accordance with the soil classifica- tion system described in appendix A to sub- part P of part 1926. Using the appropriate table, the selection of the size and spacing of the members is then made. The selection is based on the depth and width of the trench where the members are to be in- stalled and, in most instances, the selection is also based on the horizontal spacing of the crossbraces. Instances where a choice of horizontal spacing of crossbracing is avail- able, the horizontal spacing of the cross - braces must be chosen by the user before the size of any member can be determined. When the soil type, the width and depth of the trench, and the horizontal spacing of the crossbraces are known, the size and ver- tical spacing of the crossbraces, the size and vertical spacing of the wales, and the size and horizontal spacing of the uprights can be read from the appropriate table. (f) Examples to fiiustrate the Use of Tables C-1.1 through C-1.3. (1) Example 1. A trench dug in Type A soil is 13 feet deep and five feet wide. From Table C-1.1, for acceptable arrange- ments of timber can be used. Arrangement #1 Space 4x4 crossbraces at six feet horizon- tally and four feet vertically. Wales are not required. ' 237 Subpt. P, App. C Space 3x8 uprights at six feet horizontal- ly. This arrangement is commonly called "skip shoring." Arrangement #2 Space 4x6 crossbraces at eight feet hori- zontally and four feet vertically. Space 8x8 wales at four feet vertically. Space 2x6 uprights at four feet horizon- tally. Arrangement #3 Space 6x6 crossbraces at 10 feet horizon- tally and four feet vertically. Space 8x 10 wales at four feet vertically. Space 2x6 uprights at five feet horizontal- ly. Arrangement #4 Space 6 x 6 crossbraces at 12 feet horizon- tally and four feet vertically. Space 10xl0 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. Prom 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 8x8 wales at five feet vertically. Space 2x6 uprights at two feet horizontal- ly. Arrangement #2 Space 6x8 crossbraces at eight feet hori- zontally and five feet vertically. Space 10 x 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 10x12 wales at five feet vertically. Position 2x6 uprights as closely together as possible. If water must be retained use special tongue and groove uprights to form tight sheeting. 29 CFR Ch. XVI1 (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 8 x 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 mudsills are used, the vertical distance shall not exceed 42 inches. Mudsills are wales that are installed at the toe of the trench side. 6. Trench jacks may be used in lieu of or in combination with timber crossbraces. 7. Placement cf crossbraces. When the ver- tical spacing of crossbraces is four feet, place the top crossbrace no more than two feet below the top of the trench. When the vertical spacing of crossbraces is five feet, place the top crossbrace no more than 2.5 feet below the top of the trench. I I I I I J I I I I I I I I I I I Occupational Safety and Health Admin., Labor Subpt. P, App. C C a N C. N J ' Q IO IO x x N N N W W t\I W W O IO X • Q N • • O ts N /• -. I, IO IO IO N 3. T pI w X C .x X 3< X 6 Z 01 f7 W L i O0 O S q N .I-. W L O•. m L J ¢ U W I I - q u I O I p p Q Q V L J >0. I I J' . N r N N Q G -. W •••. V C C C O •- J E N ..I_ u_m N- m - O O .+ N •.. r O O 'CC'CCC>C X X X X ..I I- C C V.... �@J=y 0 O Zcj O'J C O 10 O 0 O O • f l.J •+ ' ♦ C U W C -+ W C WQ LL < < Q Q < Q Q R C) L J E S }6v L../ G H ac. Q I x tat ~Ga O C O a N 0 - b 19 IC b IO C O O - Ca 'Is' x X X x x X X X X x X N ... A 0. I0 IO .G IO IC IC IO 'a C O = C- o q v C W N IO IO .O b O O O C O CC Z W 1 X x X X Tt X X X X < X U W J IO 10 V 10 V 10 IO 10 z 4 ¢ W SW Z O S O P- 0• <0 IC IC b IC 'a 'a 10 10 IO C O Z O. X X 3< x x x X X X X 3< x Sat.- I-. W C. Q Q C .0 C IO IO b 10 C C Co W ¢ = ' O J -• en H N O O- O 10 IO. Q IO IO IC IO lb > W Io x x x x x x x x x W r E j Q Q Q Io IQ *3 IO CI m O WE 3 O C IC C- IO b IO IO IC C C O L G p X X 3< x X X X x X 3< X x Y J C C v c c IG .n Ia IO C O .r q O0 U W q _'a2_ O O O O O O O O O O O O Z X C -•..W 1- .-I- F- 1-- 1- H f• h• 1- F- 1-• r ¢ W W O 0 N IO m O N IO O C N W O Q IV C. 6 1_ a .-•a LC. 0, r-. C. 1 1 a .• • O -v _ _ _ J J J J 0 J H H ' S S^ N O O O O In vI O O > N • W W W- - - 1--- - 1-• N O O ¢ W - V I. 1 1 239 Subpt.P,App. C 'V ' 29 CFR Ch. XVII (7-1-92 Edition) z z U F M F of .o CCsJr N >4 x C w v a m o < x x < N N N N 0 Z Ca O Z .C 1 te 14 U x x X �• 0 Y1 u "' ^ ^ 0 0 S Y ULi N w Ca J m y h o . I0v h in h h .�'1 h in h C L ' K W Si Jm v .Co. Cu: H m v < w^ m m • O 3 NZ C O Oy C O ^ O N = O. N v '0 m O O a m x x +� m w (-. r ... .-. O N O 0 N C a V .- L T OOE In U nZi } V< u. N h h h Mn in v1 Cl L w -. > v L W O I x O N C C F U v C In L X x x X x m O O ='u _ , .o .n .o o C mx o t u ' c L o O r E. N '0 N a - x X X m m m m O^ .0 CC > G _ Vf 4 o .O .D xC C C H Z m w u J Ca Oro G U . d `C b '0 m OCa 3.. a• C. P b C C x x x x X L w 6 J .0 `C '0 m m CCJ m J H c O .•ICal 0 ' -. .C .C C O 4 Y H v a '.° v .xo .xo x x x. x X .a .0 .O b m m J E 0_C) v e 0 3 v x m m .o m m m o o u v .x0 '00 '00 .x0 .x0 C C ... Y J Cuu O u NZ F. O s U 4I F .O F F F F F ... F F 0 Z Ki c O< w d ta. m N W O w Zr J:L v _a C. a_ W 6_ _ C. 0 0 ••• N 0 Y1 VI N Z .1. w Z N * s w o w w m O . h E' y0 y0 F — .— F N > N 240 ' Occupational Safety and Health Admin., Labor Subpt. P, App. C I 1 I. 1 1 1 Y m F Y IaJ s a u W Y J r W u x W WC. y m x.-4 H N F n • z N 2 V - W r a m F 1 X U O N c � N C s U z U Cu C W F e. F W C a M Hilt, U z M 04N 6 Y N u ax C O to f 0 S =w V W r W 0C 6 m 0< O J S < r.. N • X O K K b .m .m N .Q .`S. V N N ry H n U = W Fr o' W< + h N N N N z • W N Z O N N N N ~ O N O N X U FrF CU ..• W<[i U, N N >G Cs. O o 0 0 0 r. 0 x C m C C 0 r r r C OV Cal "' O W N m m m o m 4. 0.— X X X r v O m m m O O C ly ox O m 4z1 F m m Or Or K d C C m x x y F .XO m m x m r X0 O F O C O V 'C m m x a X X X x x r O .O m m m m C G O Y o 1-' m m o c o e x x x - m x x r v7 m m m m C C O C,r. W NZr. = f- O a -. O a F U O — r O Y z x uu Y Yu o Y m J: C. ... =_ a ua a O Yu m u N N > N z N z O N N z N 2 N S n W O W W a O O 0 N N •O O O X {r F r r F r r F -N y. W '-4'-- > N O 241 Subpt. P, App. C 1 29 CPR Ch. XVII (7-1-92 Edition) N n .1-i u z ac S m w U . � J N W L a W N S. v -4 r F W w Z 6 • Z N r n Z V s ] X I-. U N Z N O C V Z 6 w C W F L a F S .{ -o F N Z N m x v e, M N .i . O O z v v v N M F O F S W V W N >4 x w V v a d m � 6 v b > N N v r x x 'C v v z -li W Q t x x x {. V n n O O Z F { IJ a V O OC' 00' OO' .C ZW Za V V ZW V V -r - V V ICk H W 4 N _V O O .r Cc. 00 m m 00' m m m m N Z W Z 0 X yC a a m 0 .x0 0 m v m m 0 U F r F C Y U W W 6 W V V V V V V V V V V 7 L 4 y C,, IC x x x x x x x x x x x a C v '3 .c .o '.o .o .0 m a c H L Q V V .G .p .O .C J V' m W x X e >4 x x a s v v .�C e '.0 '.0 .xo m .c,x-. N W _ U [Qi v V '.O .C V .C .C .O .: .C .O .C L x x x x x x x x '0 m w - V V V v v v �O .C .] '0 '0 .xp 0 n F c O F v v .c .0 v '0 .o' .o '0 '0 '0 v v 'a x x x x x x x x x x x V .1 V v V V .O .p V b '0 '0 t H O F X x X X '.D >4 b x x X X X a V V' V V V V '.0 .C V 0 .p J r W •U O O F F F M M F F F F F F F F F F i - O 6 W b m b m O N .p m O N W ymv C > C. C. J J) O .y'r b 0. 0. y Or "aJ'r { LtL Z W N O O O 0 in O O Q CO t4 F " '" F r J '40 c a iY F N J N H'- Q 242 Occupational Safety and Health Admin., Labor Subpt. P, App. C r. N H00 2 '. U W 0 2 L W Y n 0 N W u W W N ti' C � 2 D C: W m ...1 2 r U N 1-1 10 r U X < v C N J C) % z O N r CG i O {+ N S W rx C Ui p-IaJta. r,v v o C... C O O O < V V .i )S OW .O ID .e ID 10 to it U X X X PX1 P) PXI < U Z N I.-.— W W< N in in h h N in N in CC > C 10. W W n o O N Z 1-. .-. m m O r O O N N N v C C r r = .O a0 m NX O O X 0 X O X r r r 'C U r. N C. U W N W< W N N N N in in in Q >0.. 2 Cl, O F 'JI N C L- X 10 m 3< 3< 3< S 0 'O x `O % `O % 3< 3< 3< •Y m m m m m I - .o N W Y 4. G. .... X C C 0 O) C) .O X •O % .0 x m L b C) Cd NX L_0 c01-. P W d V X .O .O V 0) C C) C) C C x b d o) .XO C) O col-. O .O S O. X X X 3< p F- v v X v X .O 3C .O .O )< 3< Y O u C C v 30 C O v .O .O .O .O C) CJ C) Q) C) � JO. X - X % X x X X .T V V .O .O .O .O .O C) O+ f F W 9 r )0., H EO.. - F F )"• O c0 C1 U W C C) O Y .O C) 0 Y C C) 0 Y _ Octal S O.W r YU r YU r Y W O OIn'-0 C. C. In' -0 L_ 00 G. C. C. SIC C. y C. 410 cj N= 0 NL = N2 N F. U F C. W 2 W C O C ia.W in O O O O N in O O Cab t v p. r — ).. r r_ I- N O 243 Subpf. P, App. C 29 CFR Ch. XVII (7-1-92 Edition) U Z U 6 ' N J O N N S IFY U W -WI.. a J� 6 q O J J S S m >4 0 x 0 x v v # S U U F .rF N N N Ln UI h . O N - V m + r 0 0 o Lx 0 Z F Vl y V1 V1 N y O r X X X % X X O m m m m m m Ln O y m m m m m x X x X x x 'o m m m m m Q O p m 00 m x X m .O CO m y J O .. O j '• m d b '0 m m m C 2 O L 1 v O O .O _ � X X W .0—a H O O O F ce. N " F F — ..w tr sZ. [ii r .-• — Z G UCU C C O W m N LO 1 d O< 4. Y 0J OY OJ Nu O Lal < W C d d O w Q LL 00 410 L 41000 > > J N Z > > NZ NZ J yZ 00 O :. N tOZ Cl, + # _ W O V IW y O O O O In h O O' W O 5-'- Q 244 *Occupational.5afety and Health Admin., Labor :Subpt. 'p, :App; D I [J I I I Li 1 I I I I I I I I I I I APPENDIX TO SUBPART P -AL .HYDRAULIC SHORING FOR TRENCHES Xa) Scope:'This appendix contains. info mation that -can be used when .alumin -hydraulic shoring Is provided as..a metho of.•protection:against cave-ins in trenche that, do not exceed 20 feet (6.1m) In pt This. appendix must be used when:design o the aluminum hydraulic protective syste cannot be performed in accordance wit 11926.652(c)(2). - (b) Soil CZassjfication- In order .to us data presented in this appendix, the .rot type or types in which the excavation made must first be determined using the soil classification method set forth in appen- dix A of subpart P of part 1926. (c) .Presentation of Information_ 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 DI.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.dr (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- IN h f pacity of not less than 30,000 pounds axial tS31�NIIM -compressive load at�extenslo;)s - as recom- inended by product manufacturer. (3) Limitation of application. r- U) It Is not intended that the aluminum um hydraulic speclflcauon apply to every sltua- d ,t1Qn that may be experienced in the field. s These data were. developed.to.'applyao.the situations that are most commonly experl- ;enced in current trebi m qc .n gDractice: Shoring' h systems for use in 'situations that are not covered by the.data in this appendix must e be 'otherwise desi gned" as specified in 1 11926.652(c). (ii). When any .of the following conditions are present, the members specified in the . Tables are not considered adequate. In this case, an alternative aluminum hydra shoring system or other type of protective system must be designed in accordance with 1 1926.652. (A) When vertical loads imposed on cross braces exceed a 100 Pound gravity load dis- tributed on a one foot section of the center of the hydraulic cylinder. (B) When surcharge loads are present from equipment weighing in excess of 20,000 pounds. (C) When only the lower portion or a trench is shored and the remaining portion of the trench is sloped or benched unless: The sloped portion is sloped at an angle less steep than three horizontal to one vertical; or the members are selected from the tables for use at a depth which is determined from the top of the overall trench, and not from the toe of the sloped portion. (e) Use of Tables D-1.1, D-1.2, D-1.3 and fl -I4. 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. 1 245 ci. Subpt. P, App. D 29 CFR Ch. XVII (7-1-92 Edition) (f) Example to Illustrate the Use of the Tables: (1) Example 1: A trench dug in Type A soil is 6 feet deep and 3 feet wide. From Table D-1.1: Find ver- tical shores and 2 inch diameter cylinders spaced 8 feet on center (o.c.) horizontally and 4 feet on center (o.c.) vertically. (See Figures 1 & 3 for typical installations.) (2) Example 2: A trench is dug in Type B soil that does not require sheeting, 13 feet deep and 5 feet wide. From Table D-1.2: Find vertical shores and 2 inch diameter cylinders spaced 6.5 feet o.c. horizontally and 4 feet o.c. vertical- ly. (See Figures 1 & 3 for typical installa- tions.) (3) A trench is dug in Type B soil that does not require sheeting, but does experi- ence some minor raveling of the trench face. The trench is 16'feet deep and 9 feet wide. From Table D-1.2: Find yertical 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. 3x12 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. (1) 2 inch cylinders shall be a minimum 2 -inch inside diameter with a safe working capacity of not less than 18,000 pounds axial com- pressive load at maximum extension. Maxi- mum extension is to include full range of cylinder extensions as recommended by product manufacturer. (ii) 3 -inch cylinders shall be a minimum 3. inch inside diameter with a safe work capac- ity of not less than 30,000 pounds axial com- pressive load at maximum extension. Maxi- mum extension is to include full range of cylinder extensions as recommended by product manufacturer. (4) All spacing indicated is measured center to center. (5) Vertical shoring rails shall have a min- imum section modulus of 0.40 inch. (6) When vertical shores are used, there must be a minimum of three shores spaced equally, horizontally, in a group. (7) Plywood shall be 1.125 in. thick softwood or 0.75 inch. thick, 14 ply, arctic white birch (Finland form). Please note that plywood is not intended as a structural member, but only for prevention of local raveling (sloughing of the trench face) be- tween shores. (8) See appendix C for timber specifica- tions. (9) Wales are calculated for simple span conditions. (10) See appendix D, item (d), for basis and limitations of the data. 246 vccupatlonal batety and Health Admin., Labor Subpt. P, App. D ALUMINUM HYDRAULIC SHORING TYPICAL INSTALLATIONS FIGURE NO. 1 FIGURE NO. 2 •lATcu uuwu4 MYOMuiYpW VIP CM uwMM / 1491 M10MLli tMONd I RIOT MCJ (WIrN n.VW000) NORISON SAL HORIZONTAL SPACING SPACING IS. VERT SPAC A' MA FIGURE NO. 3 VRArcAl. uwM1V FTw.uc 1M0a i4 IXLUHol O` MT do VERTICAL SPACING EMAX. 2' MAX. VERTICAL RAIL .I I ND ER 1HwMAX. Ir. _J1I 'VERTICAL !i SPACING Y A' MAX. ,-ate. 2 MAX. HYDRAULIC CYLINDER PLYV0O0 FIGURE NO. 4 £'_WATGA.IAC l.aha I)? I I G H Y '. T'm'Ny OT ) SMFiT1YG A 13 HORIZONTAL SPACING rERTICAL RAIL 2' MAX. HYDRAULIC CYLINDER flit (CAL SPACING ll�*- + V V A TO RA UL IC CYLINDER 311-I1? O-92 247 Subpt. P, App. D 29 CFR Ch. XVII (7-1-92 Edition) ' a � ' Nh i.i -- W WI-. M¢ O A v ' U �O ZEW- N¢O O O 3z _� OE z 3 a 'O v1 m EW al O U W NWu < o a zg a z ' .� NQ a QatiF c_) C = aQa- .9 > U O C) = =�z Z> C i_ V 1 } <u� -J•- 0 e' ' z T C '• . 1 a F V u '•- — 0 `v° m . X O Q L m r E E C ,- �A A a X X C AC C C C u a a ' Aa¢ F O a O x O N 0 4 w >O oO o a ~O - C O ? o O�^ .^'_ 0-- O p O [LZZ ' I I 248 ' Occupational Safety and Health Admin., Labor Subpt. P, App. D - U W O Z > a< o 1 x 0. I -. >F N¢z ' p O q o q `E z 3 O • z x `7a. o0 .- z1 v o W W C- _ c NU0:L-4 Z a r¢ ¢ C o. q S q ¢ r u c p QU f zi ' -LC•• c q¢z F �L-1 q 2UZ Z> �.. -F U 4u'J v r > H L ' O Q O =' Z T 'U v - E E ' U O"' boa - a[ K ' c C CI CC CGU L ¢ ¢ c u u O O O o wow > a.-' >oC. > ^4� u O O O q O a > --. O o u u ' O O 0 �zz 1 1 249 Subpt. P, App. D V z 0 N N n M .1 L:14 J O ? C-�<a ...29 CFR Ch. XVII (7-1-92 Edition) , w Z O N I N% CM X0 = N I I zz o f" z z z z o z{y _ - _ z z z z _z F } i in en M en e en en r M j UD Cl — .y. U 0.0 C p C O O ti X. °' c N .d o0 0 vi .6 a , O 0 v Cl W W N N — u z Z OW Z WZL .L" Z Z ZF'.� Z Z n ZNQN� e. N Q en en N C e. N) n o .l L• tJ Z c ' I.. G �. C ^ ^, a V V O > O G S 0' N 'O S C Y cc' O nip 0- - - 3 -c _ Z L z Z Z _Z Z Z z z 7_ x ri N e. N e. e. ri in en - Ly �. - - . < c - c • v Z - Z - l. 1 C,, :.--, .. r. t� �_ e: t� v_ e^. r v = — v - • < I ? <� 3 Uz r pG C c o. c E — U F L" U C O C O (N= v Cal O J I:.1 > r G C J C F r, L u O =- O- >c(N N w-, .. .. — N O O -' Xr u u O Co L z z I I I 250 I Occupational Safety and Health Admin., Labor Subpt. P, App. D 0' N u � a N N c1 x K a C o4 z z Z Z Z Z z z z az - - - - - - - - - I- 0. - to en n M M M en en n • uo N 0 O G' C? 0 h C O v1 O vl C O ai a, W Z N N N N U A C.7 -. Z Z Q q F F 0 >0 Z L JJ+ < NONO r NO rn en NO rn n '� x m U C 0o Z Z Z Z c 4O c a U U O vt a O h N C a E , > O < 'c .c O O vi 00 en r. C c i <rnF O xa m�O 3 0 `u < x Z Z Z Z Z Z Z Z Z Z h J N N t": N of N �•; i.,O OL 0 O C r Z Y _' C_ C U a vito O 'no N Cto < 0< 'C 'CC C vi m F Y: .G V y T O = _ Z u • 0 Nn - J • ^ h O C r O C N C C _ N� r _ ri r 7— ry C,, J o ... emu Y a 00' - U u t=< y' N E 6 Y d C Z U a o o O C O C 0u0 vi a FC O O O O o— r N C - - L. 000 c o U `r6ZZ• 251 Subpt. P, App.. E 29. CFR Ch. XV11 (7-1-92 Edition) APPENDIX E TO SUBPART P -ALTERNATIVES TO TIMBER SHORING 18" M VERT SPAC 41 MA RTICAL RAIL YDRAULIC CYLINDER Figure 1. Aluminum. Hydraulic Shoring O O O O Figure 2. Pneumatic/hydraulic Shoring 252 Occupational Safety and Health Admin., Labor Subpt. P, App. E Figure 3. Trench Jacks (Screw Jacks) Figure 4. Trench Shields 253 .1 Subpt. P, App. F .. .. 29 CFR Ch. XVI1 (7-1-92 Edition) APPENDIX F TO SUBPART P -SELECTION OF PROTECTIVE SYSTEMS The following figures are a graphic summary of the requirements contained in subpart P for excavations 20 feet or less in depth. Protective systems for use in excavations more than 20 feet in depth must be designed by a registered professional engineer in accordance with 4 1926.652(b) and (c). Is the excavation more •than 5 feet in depth? Is there potential for cave-in? • Sloping - ser lecte Is the excavation entirely in stable rock? Excavation may. be made with vertical sides. Excavation must be sloped, shored, or shielded. Shoring or shielding selected. Co to Figure 2 Co to Figure 3 FIGURE 1 - PRELIMINARY DECISIONS 254 Occupational Safety and Health Admin., Labor Subpt. P, App. F Sloping selected as the method of protection Will soil classification be made in accordance with 11926.652 (b)? Excavation must comply with Excavations must comply one of the following three with$1926.652 (b)(1) which options: requires a slope of 1½H:1V (34' ). Option 1: 51926.652 (b)(2) which requires Appendices A and 3 to be followed Option 2: ,1926.652 (b)(3) which requires other tabulated data (see definition) to be followed. Option 3: 51926.652 (b)(4) which. requires the excavation to be designed by a registered professional engineer. _ FIGURE 2. - SLOPING OPTIONS 255 Subpt. P, App. F .41 29 CFR Ch. XVII (7-1-92 Edition) Shoring or shielding selected as the method of protection. Soil classification is required when shoring or shielding is used. The excavation must comply with one of the. following.four options: Option 1 1926.652 (c)(1) which requires Appendices A and C to be followed (e.g. timber shoring). Option 2 51926.652 (c)(2) which requires manufacturers data to be followed (e.g. hydraulic'shoring,trench jacks, air shores, shields). Option 3 51926.652 (c)(3) which requires tabulated data (see definition) to be followed (e.g. any system as per the tabulated data). Option 4 §1926.652 (c)(4) which requires the excavation to be designed by a registered professional engineer (e.g. any designed system). FIGURE 3 - SHORING AND SHIELDING OPTIONS 256 1 I 1 1 • Section 02220 iEXCAVATION AND EMBANKMENT Part 1 - GENERAL 1.1 SECTION INCLUDES I. A. Excavation, construction of embankments, and disposal or compaction of all material that is encountered within the limits of the Work. B. Earthwork required for construction of pipelines and appurtenances, including excavation, backfilling, and compaction of backfill above embedment around pipes and appurtenances. 1.2 RELATED SECTIONS A. Measurement and payment for work under this section is specified in Section 01025. B. Clearing, grubbing, and scalping are covered in Section 02100 - Site Preparation. I. C. Excavation Safety is covered in Section 02161 - Excavation Safety. D. Roadbed preparation and base course placement are covered in Section 02230 - Granular Base Course. E. Erosion control procedures are covered in Section 02270 - Erosion Control. F. Pipelaying is covered in Section 02600 - Pipe Laying. 1.3 REFERENCES A. AASHTO T 99, "The Moisture -Density Relations of Soils Using a 5.5 -lb Rammer and a 12 -in. Drop". 1 B. AASHTO T 180, "The Moisture -Density Relations of Soils Using a 10 -lb Rammer and an 18 -in. Drop" C. AASHTO T 191, "Density of Soil In -Place by the Sand -Cone Method". D. AASHTO T 224, "Correction for Coarse Particles in the Soil Compaction Test". E. AASHTO T 238, "Density of Soil and Soil -Aggregate In -Place by Nuclear Methods". ' 1.4 QUALITY ASSURANCE A. All excavation, embankment, and trenching work shall be accomplished by workers skilled and experienced in this kind of work. Equipment used shall be of a size and design suitable to accomplish Ithe construction required. B. Quality control testing shall conform to the requirements of this section and section 01410. I ' City of Fayetteville 09/20/02 Page 02220-1 �J 1.5 SEQUENCING AND SCHEDULING A. Sequence and schedule work to avoid double handling of materials. Prepare embankment areas to receive fill prior to beginning excavation of materials that will be used in embankments, so that the material can be immediately used to construct embankments. Part 2- PRODUCTS - a 2.1 CLASSES OF EXCAVATION A. Common Excavation: all excavation not included as rock excavation or excavation not otherwise ,. classified. Removing of existing asphalt pavement necessary for constructing new pavement connections is considered demolition. B. Rock Excavation: igneous, metamorphic, and sedimentary rock that cannot be excavated without I blasting or the use of rippers, and all boulders or other detached stones each having a volume of '/2 cy or more. C. Unclassified Excavation: the excavation and disposal of all materials of whatevercharacter encountered in the work. D. Unsuitable Excavation: material excavated from cut areas that cannot be utilized on any part of the project due to the poor qualities of the material and must be hauled off -site, and materials that cannot be stabilized in place through normal drying and compactive efforts when satisfactory weather and ground conditions exist. E. Trench Excavation: is excavation required to construct a trench for utility or storm sewer piping. Trench excavation is incidental to pipelaying. 'II Part3 - EXECUTION 3.1 PREPARATION A. Prepare areas to be excavated or where embankment is to be constructed in accordance with Section 02100. 1 3.2 EXAMINATION DURING CONSTRUCTION A. As excavation, embankment, and trenching work proceeds; examine the work area for evidence of prehistoric people's dwelling sites or artifacts of historical or archeological significance. If any of these are encountered, suspend construction in the affected area until Owner or Engineer contacts archeological authorities to determine the disposition thereof. 3.3 GENERAL CONSTRUCTION REQUIREMENTS A. Excavation and embankments shall be finished to reasonably smooth and uniform surfaces according to the lines, grades, thicknesses and typical cross sections indicated on the Drawings. B. Do not waste materials unless they are unsuitable for construction of embankments and they exceed the City of Fayetteville 09/20/02 Page 02220-2 1 I amount that can be spread on cut or embankment slopes. C. Common excavation materials that are surplus to the needs of the project shall be stockpiled at locations indicated on the Drawings or as directed by Engineer. D. Complete site preparation work in accordance with Section 02100 and demolition work in accordance with Section 02050 prior to beginning excavation and embankment work. E. Conduct grading operations, as far as practicable, so that the most suitable soil is placed in the top layer of the embankment. Where both suitable and unsuitable materials are encountered in the same general excavation area, control grading to keep materials separated. F. Exercise care and discretion in locating and using haul lanes near trees to be preserved. Haul lanes near trees shall be approved by Engineer. 3.4 ROADWAY EXCAVATION ' A. Excavate cut areas to approximate subgrade elevations to reasonably smooth and uniform surfaces in accordance with the lines and grades indicated on the Drawings. ' B. Use suitable materials, so far as practicable, in the formation of embankments, in the subgrade, on slopes, and at other such places indicated by Engineer. C. Excavated material to be used in embankments shall be immediately placed in the embankment area so as to avoid stockpiling and double handling. ID. Where excavation to the fmished grade section results in a subgrade or slopes of unsuitable material, remove the unsuitable material and backfill with approved material, such as select material "hillside" for the subgrade or "hillside" or acceptable material from common excavation on the slopes.. iE. Place material unsuitable for embankment construction on slopes, hauled off site, or other locations designated by Engineer. F. Remove rock with suitable rippers and/ or by some mechanical method. Blasting will not be permitted. G. Excavate rock to a minimum depth of 12 inches below subgrade elevation, not to exceed a maximum depth of 18 inches below subgrade elevation within the limits of the roadbed, including sidewalks, and the excavation backfilled with material designated on the Drawings. Take care that un-drained pockets ' shall not be left in the surface of the rock. H. Remove or stabilize, to the Engineer's satisfaction, rock on the cut face that is loose, hanging, or that creates a potentially dangerous situation during or upon completion of excavation in each lift Ripping of the next lift will not be allowed until this work has been completed. I. Except in solid rock, trim all slopes to the slopes shown in the cross section drawings, and exercise care so that no material shall be loosened below the required slopes. Remove or cut roots, stumps, and other foreign matter in the sides of ditches or drainage outlets to conform to the slope, grade, and shape of the section shown. 1 ICity of Fayetteville 09/20/02 Page 02220-3 I 3.5 EMBANHIIENT CONSTRUCTION A. Embankment construction consists of constructing roadway embankments, including preparation of the areas upon which they are to be placed; construction of dikes within or outside the right-of-way; placing and compacting approved material within roadway areas where unsuitable material has been removed; and placing and compacting embankment material in holes, pits, and other depressions within the roadway area. Use only approved materials in construction of embankments and backfills. B. Remove sod and vegetable matter from the surface upon which embankment is to be constructed in accordance with Section 02100. Completely break up cleared surface by plowing, scarifying, or discing to a minimum depth of 6 inches, and then recompact as specified in Paragraph 3.6.C. C. Whenever a compacted road surface containing asphalt or granular material lies within 3 feet of the subgrade, remove the old road surface to a depth of at least that shown on the typical section. Provide select material "hillside" under the proposed road limits and either "hillside" or acceptable common excavation (when available) in the slope areas and the areas behind the curb. D. Place roadway embankment material in parallel layers not exceeding 8 inches, loose measurement, over the full width of the embankment and compact as specified before the next layer is placed. Use effective spreading equipment on each lift to obtain uniform thickness prior to compacting. As compaction of each layer progresses, continuously level and manipulate material to assure uniform density. Add water or dry, if necessary, in order to obtain the required density. Route compaction equipment uniformly over the entire surface of each layer. E. When embankment is to be placed and compacted on hillsides, continuously bench slopes as the work I is brought up in layers. Make benching of sufficient width to permit operations of placing and compacting equipment. Start each horizontal cut at the intersection of the original ground and the vertical sides of the previous cuts. Recompact material thus cut out. No additional payment will be made for this. F. When excavated material consists predominantly of rock fragments of such size that the material cannot be placed in layers of the thickness specified, place such material in the embankment in layers not exceeding in thickness the approximate size of larger rocks, up to 12 inches maximum. Reduce size of rock or boulders too large to permit placing in 12 inch layers as necessary to permit this placement. The 12 inches of embankment immediately below finished subgrade maybe placed in one layer with no rock exceeding 6 inches in its greatest dimension. Construct each layer so that rock voids are substantially filled with rock fines and earth. Place and manipulate rock in uniform layers with rock fines or earth distributed throughout the layer. Do not end dump rock over the edges of the layer being constructed. Deposit rock on the layer being constructed and move the rock ahead so as to advance the layer with a mixture of rock fines and earth. G. Casting material directly into place with draglines, cableways, or other similar machines will not be permitted. H. Control embankment construction so that partially constructed embankments remain stable at all times. Replace portions that have become displaced due to carelessness or negligent work; no extra payment will be made for such embankment repair. I. For those portions of embankments immediately adjacent to structures or which are for other reasons ; inaccessible to compaction equipment in use, construct with only suitable material in successive parallel layers of not more than 6 inches thickness, loose measurement. Uniformly mix each layer and City of Fayetteville 09/20/02 Page 02220-4 I compact to the requirement of the specific item by the use of mechanical equipment. Hand tamping ' will not be permitted. J. Construct embankments in sections of not less than 200 feet in length, or the full length of the ' embankment if less than 200 feet. 3.6 COMPACTION REQUIREMENTS ' A. Accomplish compaction by any satisfactory method or methods that will achieve the specified density. I B. Maintain compaction equipment, tools, and machinery in good operating condition. C. Compact each layer of embankment to 95 percent of maximum density at optimum moisture content 1 per AASHTO T 99, Method A with correction for coarse particles retained on. the #4 sieve not to exceed 10 percent by weight as determined by AASI-ITO T 224. If 11-30 percent is retained on the #4 sieve, compact to 95 percent of maximum density at optimum moisture content per AASHTO T 99, Method C using Note 7. Specified density of 90 percent with the same previous conditions is required immediately next to wingwalls and similar structures. D. During compaction, maintain moisture content substantially at optimum throughout each layer. Maintain moisture content by adding and thoroughly mixing water or by aeration or other drying methods, as necessary. '' E. Maintain specified density of embankment layer prior to placing a subsequent layer. F. Construct embankment to grade over the full width in uniform layers parallel to the finished surface. G. Density requirements will not apply to portions of embankment constructed of material so rocky that it cannot be satisfactorily tested as specified. In such cases, determine extent of compaction effort by ' rolling based upon the amount of breakage and consolidation that can be accomplished. This can only be done with the direction of the Engineer. H. Roadbed Compaction 1. Excavate or fill to subgrade lines and grades indicated on the Drawings. 2. Loosen top 6 inches within full width of roadbed. 3. Adjust moisture content to bring substantially to optimum. 4. Compact as specified for embankment. 5. Reshape section as part of compaction effort to conform to typical section. 3.7 TRENCH EXCAVATION A. General 1. Notify property residents 48 hours prior to beginning excavation on property. 2. Protect trees unless designated by Owner or Engineer for removal. a. Erect protective barricade around trees as approved by Engineer. 1 b. Minimize pedestrian and vehicular traffic over root zone of trees to be saved. c. Use clear distance to tree equal to 1 foot for each 2 inches of tree diameter, measured 4 feet above highest ground surface at base of tree, or 2 feet, whichever is greater. 3. After tree protection barricades are installed, cut and remove unprotected natural growth from planned location of trench. Dispose of cleared material in compliance with applicable laws and regulations. ICity of Fayetteville 09/20/02 Page 02220-5 I • 4. Where the existing ground cover contains grasses such as Bermuda, Zoysia, or other grasses not included in the prescribed seed mixture: cut,. remove, and stockpile existing sod on the job site. After backfill of trench has settled, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, provide and install new ground cover of the existing type. 5. Excavate with caution so that location of underground conduits and structures can be determined and protected. 6. Excavate every type of material encountered to the lines and elevations necessary to complete the project. 7. Relocate surface water before excavating and protect excavated trench from entrance of surface water. 8. Provide and install bracing and shoring necessary for safety of personnel, protection of work, I and compliance with government agencies. B. Utilities 1. Call "ARKANSAS ONE CALL" at 1-800-482-8998 two working days before starting excavation. 2. The location and/or elevation of existing utilities as shown on the Drawings is based on records of the various utility companies and, where possible, measurements taken in the field. The information is not to be relied upon as being exact or complete. Call each utility owner at least 48 hours before any excavation to request exact field location of utilities. 3. Protect utilities encountered during excavation. 4. Do not interrupt service in utilities encountered during excavation without approval of utility owner. 5. If utilities are damaged or utility service is interrupted by work under this section, utility owner has the first right to repair. If public health or safety is at risk, take appropriate prudent action to repair damage and service interruption. Costs of utility protection and repair shall be at no additional cost to Owner. 6. If existing utilities are found to interfere with the permanent facility being constructed, notify Engineer for resolution. 7. Do not proceed with permanent relocation of encountered utilities without written instructions from Engineer. C. Trench Depth I 1. Excavate to the elevation necessary to provide the depth of bedding material under the barrel of the pipe, noted on the Drawings or in these specifications. 2. Backfill over -excavation up to 2 feet with bedding material in 6 inch layers, and tamp to achieve a bearing capacity equal to the adjacent undisturbed earth. Over -excavation greater than 2 feet will require excavation operations to stop until an engineered backfill is determined. D. Trench Width: Excavate to a width ample to permit pipe jointing, bedding placement, and compaction as specified. Specified width dimensions must be maintained from trench bottom to an elevation 12 inches above barrel of pipe. E. Trench Length: Excavate to a maximum distance of 75 feet from the pipe jointing operation. Longer ' distances will be considered by Engineer when conditions warrant. F. When rock is encountered, excavate to an elevation 9 inches below the pipe installation depth. I City of Fayetteville 09/20/02 Page 02220-6 I I _ G. Excavation In Unstable Soil: Where the planned bottom of trench is found to be unstable, in the ' judgement of Engineer, excavation shall stop until an engineered subgrade stabilization is determined. In general, excavation depth shall increase a minimum of 12 inches. Si H. Excavation In Wet Conditions 1. Where the planned bottom of trench contains water or the trench bottom is soft from excess water, excavation depth shall increase a minimum of 6 inches. 1 2. Remove water to an elevation below bottom edge of pipe joint or structure base. 3. Trench dewatering system shall discharge to natural drainage channel or storm sewer. Obtain permit for this discharge if required. ' I. Excavation At Unforseen Structure 1. Preserve unforseen structures encountered in excavation. 2. Advise Engineer when unforseen structure interferes with planned work. Engineer will ' determine if plan will change or if structure will be abandoned and removed. J. Unauthorized Excavation ' 1. Unauthorized excavation is removal of materials beyond specified elevations or dimensions, undertaken by Contractor without prior authorization by Engineer. 2. Unauthorized excavation and the hauling and placement of any fill material to create proper trench conditions will not result in extra payments to Contractor. K. Unsuitable and Excess Excavated Material: Dispose of excavated material not suitable for backfill and excess excavated material in compliance with applicable laws and regulations. L. Piping in embankment areas shall not be installed on top of the ground and then backfilled around the I. pipe. Instead, construct embankment to a minimum of 12 inches above the top of the pipe, and then a trench excavated in the compacted embankment. 3.8 TRENCH BACKFILLING AND COMPACTION A. Backfilling shall closely follow pipe laying and shall be to within 5 feet of the end of the last pipe at the ' end of workday. ' B. Backfill around the pipe (pipe embedment) is specified section 02600. C. Backfill where ground surface is not graveled or paved for vehicle or pedestrian use. I. Initial backfill, for the 2 foot distance above pipe embedment shall be free of rock, organic material, man made debris, or frozen lumps with a dimension greater than 3 inches measured in any direction. 2. Backfill for the remainder of trench shall be free of rock, organic material, or man made debris with a maximum dimension of 6 inches measured in any direction. 3. Backfill above pipe embedment shall be mechanically compacted to a density at least equal to adjacent ground. Backfill trench settlement until Engineer determines additional backfill is not required. D. Where ground surface is graveled for vehicle use or paved for pedestrian use only, backfill shall be as ' specified in Paragraph 3.6.C except that all backfill above pipe embedment shall be placed in 8 inch layers loose measurement and compacted to 90 percent of standard proctor density. 1 City of Fayetteville 09/20/02 Page 02220-7 ..1 E. Where ground surface is paved for vehicle use, provide aggregate base course material as indicated on the Drawings, as approved by Engineer, above pipe embedment in 8 inch layers loose measurement 1 and compact as specified in Paragraph 3.6.C. F. Backfill unstable trench bottom with AHTD Class 7 crushed aggregate, compacted to 95 percent of maximum proctor density, to bottom elevation of pipe embedment. G. Backfill wet condition trench bottom with crushed coarse aggregate that is typically used for concrete rock. It shall be reasonably well graded from coarse to fine and shall conform to the following grading requirements when tested in accordance with AASHTO T 27: Sieve Percent Passing 1-1/4" 100 3/4" 35-75 3/8" 10-30 #4 0-5 3.9 FIELD QUALITY CONTROL , A. Take in place density measurements as required to assure that compaction efforts are achieving the specified density. Determine in -place density by AASHTO T 191 or T 238. 3.10 ADJUSTING A. Make adjustments to finished grade to leave the right-of-way and grading easements in a neat and presentable condition at the completion of the grading work. 3.11 STRUCTURAL or SUBGRADE FILL (Select Fill Material) 1 A. Native or imported material free from roots, organic matter, trash, debris, with maximum particle size of 4 inches after compaction. No warranty, expressed or implied, is made concerning the availability of sufficient quantities of satisfactory subgrade fill from the excavations made. Therefore, the Contractor shall provide imported material of acceptable quality, 'if required, to accomplish the construction. Acquiring, transporting, and placement of acceptable imported material shall be the responsible of the Contractor and shall be paid under the appropriate pay item. A minimum of twelve inches of select material (GC) shall be provided under the pavement. This material shall be what is meeting GC classification with a plastic index less than 30. All structure and subgrade fill shall be provided and compacted as required by these specifications. B. The pay item for this select material is Compacted Embankment Subgrade Fill (Select Hillside Material). End of Section 02220 I LI City of Fayetteville 09/20/02 Page 02220-8 1 I I. Section 02230 ' ROAD BED PREPARATION Part 1 -GENERAL ' 1.1 SECTION INCLUDES A. Preparing the subgrade of the roadbed and/or sidewalk to receive the Class 7 aggregate base course and/or the concrete pavement. B. Furnishing and installing the aggregate base course on top of the prepared subgrade. Furnishing and installing the concrete sidewalk on top of the prepared subgrade. C. Furnishing and installing of granular material to fill over -excavations or to replace removed unsuitable ' material. 1.2 RELATED SECTIONS A. Site preparation is covered under Section 02100. B. Excavation and embankment are specified in Section 02220. C. Concrete paving is specified in Section 02520. D. Miscellaneous Concrete Work is specified in Section 03316. 13 UTTT PRICES Unit prices for work covered under this section are defined in Section 01025, including incidentals, related work, method of measurement, if any, and partial payment provisions. ' 1.4 REFERENCES A. AHTD "Standard Specifications for Highway Construction", 1996 Edition. B. AASHTO I1. T 96, "Resistance to Abrasion of Small Size Coarse Aggregate by Us of the Los Angeles Machine". 2. T 99, "The Moisture-Dcnsity Relations of Soils Using a 5.5 -lb Rammer and a 12 -in. Drop". 3. T 180, "The Moisture -Density Relations of Soils Using a 10 -lb Rammer and an 18 -in. Drop". 4. T 191, "Density of Soil In -Place by the Sand -Cone Method". 5. T 224, "Correction for Coarse Particles in the Soil Compaction Test". 6. T 238, "Density of Soil and Soil -Aggregate In -Place by Nuclear Methods". 1.5 SUBMITTALS I. A. Submit data concerning source and quality of granular materials being furnished. Indicate frequency of quality control testing by the source supplier. ICityof Fayetteville 09/20/02 Page 02230-1 I 1.6 QUALITY ASSURANCE A. Work under this section shall be accomplished by workers skilled and experienced in this kind of work, I using equipment designed for this kind of work. Maintain equipment in good operating condition. 1.7 DELIVERY, STORAGE, AND HANDLING j A. Granular base material shall be delivered in trucks from the source and directly placed in the location required for construction, with no intermediate storage or stockpiling required, as far as practical. B. Delivery of materials to be paid for by weight or volumes measured in haul trucks shall include a truck ticket delivered to Engineer. Part 2.. PRODUCTS I 2.1 GRANULAR BASE COURSE MATERIALS A. Aggregate, base course shall be crushed stone so proportioned as to meet the requirements for Class 7 material as specified in Table 1. B. Granular material for over -excavation areas shall be either crushed stone and/or gravel so proportioned r to meet the requirements for either Class 1, Class 2, or Class 7 material as specified in Table 1. C. Percent of wear for Class 7 material, measured by AASHTO T 96, shall not be greater than 45. 1 D. When it is necessary to blend two or more materials, each material shall be proportioned separately through mechanical feeders to ensure uniform production. Premixing or blending to avoid separate feeding will not be permitted. Blending materials on the roadway in order to obtain a mixture that will comply with the requirements specified will not be perrnitted. E. Shale and slate are not considered to be gravel or stone. Material furnished shall be reasonably free from shale, slate, and other objectionable, deleterious, or injurious matter. F. For Class 1 and Class 2 material, the fraction passing the #200 sieve shall not be greater than 3/4 of the fraction passing the #40 sieve. For Class 7 material, the fraction passing the #200 sieve shall have a liquid limit not greater than 25. G. When the material contains aggregate larger than that specified for the class required, it must be removed by screening or by screening and crushing. Removal of large size aggregate by hand methods will not be permitted. I I City of Fayetteville 09/20/02 Page 02230-2 1 I I I L I I II I I I Table I Classes of Granular Material r'.rarlino arnl t^n,shine Requirements SIEVE Class I Class 2 Class 7 Percent Passing 3 inch 100 100 2 inch 95-100 95-100 1 /, inch 100 3/4 inch 60-100 60-100 50-90 3/8 inch 40-80 40-80 #q 30-60 30-60 25-55 #10 20-50 20-50 #40 10-35 10-35 10-30 #200 3-15 3-15 3-10 Max Plasticity 13 10 6 Index (minus #40 material) Min percent 90 crusher -run material ' 2.2 SOURCE QUALITY CONTROL A. Granular materials for aggregate base course and filling over -excavation areas shall be obtained from a quarry permanently established to furnish the materials specified, having a standard quality control and 'testing procedure in place. B. If requested, provide reports of standard quality control tests for the types of materials being furnished, such reports to include gradation of the completed mixture, Los Angeles hardness, plasticity index, and liquid limit. C. If requested by Engineer or Owner, provide source quality control testing of the actual material being furnished. Such tests will be requested if material as delivered on site dots not appear to match the specifications, or if the compacted material does not seem to compact as specified. Such tests will ' include any which measure the properties specified, and will be required for every 1,000 tons of granular material. I I. City of Fayetteville 09/20/02 Page 02230-3 F Part 3- EXECUTION 3.1 EXAMINATION I A. Examine excavation and embankment work for accuracy and adequacy of construction prior to starting ' subgrade construction. 3.2 SUBGRADE CONSTRUCTION A. Prepare subgrade in such a manner as to ensure that the base, surface course, sidewalk or pavement will be placed on a firm foundation that is stable and reasonably free from dust pockets, wheel ruts, or other defects. B. Excavate material to a depth as specified on the construction plans. Proof -roll the in -situ material and remove all unstable material to a depth as determined the project engineer. I C. Compact each 8 inches of subgrade lift to a density of not less than 95 percent of maximum density at optimum moisture content obtained by AASHTO T 99, Method A with correction for particles retained on the #4 sieve at 10 percent maximum; AASHTO T 99, Method C using Note 7 with 11-30 percent retained on the #4 sieve; or AASHTO T 180, Method D using Note 8 with 31 percent minimum retained on the #4 sieve. Correction for coarse particles shall be determined according to AASHTO T 224. The moisture content shall be determined by AASHTO T 239 or AHTD Test Method 347 of 348. D. Accomplish compaction by any satisfactory methods that will obtain.the required density. , E. Adjust moisture content by the addition of water or by manipulation and aeration as necessary under conditions encountered. F. Compaction operations may be omitted when an old stone or gravel roadbed is used as a foundation or subgrade for a base course or pavement where scarifying for shaping is unnecessary and its stability is approved by Engineer. G. Remove soft and yielding materials and other portions of the subgrade that will not compact readily when rolled or tamped. Fill holes or depressions made by this removal with approved material. Bring the entire subgrade to the lines, grade, and cross sections indicated on the Drawings. Compact to specified density. H. If the succeeding course is not placed immediately after subgrade has been prepared and subgrade becomes cut up, rough, or unstable, re -shape and recompact subgrade as previously specified. I. Proof roll subgrade prepared for road, curb and gutter, and sidewalks, prior to placement of base course or concrete. Proof rolling vehicle shall be either a roller or loaded truck or scrapers, of sufficient weight to identify soft and yielding portions of compacted surface. Proof rolling pattern shall be approved by Engineer. I City of Fayetteville 09/20/02 Page 02230-4 I I 3.3 AGGREGATE BASE COURSE CONSTRUCTION A. Place base course material on completed and approved subgrade or existing base that has been bladed to •substantially conform to the grade and cross sections indicated on the Drawings. iB. Subgrade shall be free from excess or deficiency of moisture at the time of placing base course material. There shall be no standing water on subgrade. Do not place base course material on frozen subgrade. ' C. Place aggregate on subgrade or other base course material and spread uniformly to such depth and lines that when compacted it will have the thickness, width, and cross section indicated on the Drawings. If ' specified compacted depth of base course exceeds 7 inches, construct base in two or more layers of approximately equal thickness. D. Thoroughly mix each base course layer for the full depth of the course and compact by any satisfactory method that will produce specified density. Maintain aggregate substantially at optimum moisture content during mixing, spreading, and compacting operations. Add water or aerate to dry as necessary. ' Maintain specific grade and cross section by blading throughout compaction operation. E. Compact material in each layer to a density of not less than 98 percent of maximum density unless noted otherwise on the Drawings at optimum moisture content in accordance with AASHTO T 180, Method 'D. Compact aggregate across full width of application. F. Spread base course material the same day that it is hauled. Perform spreading in such a manner that no 1 segregation of coarse and fine particles nor nests or hard areas caused by dumping aggregate on subgrade will exist. Take care to prevent mixing of subgrade with base course material in blading and spreading. ' G. When base course is placed adjacent to an existing or newly constructed asphalt surface course do not dump or mix aggregate on the pavement surface. Use mechanical spreading equipment, if necessary, to place base course on subgrade. H. If sufficient working space is not available to allow proper aeration or addition of water to base course ' material, mix the base course material by any satisfactory method prior to placement. I. Maintain base course in a satisfactory condition until accepted. ' 3.4 FIELD QUALITY CONTROL A. Owner will employ a testing laboratory to test the density of the base course in place and for thickness, at intervals determined by Engineer. Density testing will be by AASHTO T 191 or T 238. Correct any deficiencies by scarifying, placing additional material, mixing, reshaping and recompacting as necessary to obtain the specified density and the required lines, grades, and cross sections. End of Section 02230 I ' City of Fayetteville 09/20/02 Page 02230-5 L 1 Section 02261 ' SITE RESTORATION Part 1 -GENERAL 1.1 SCOPE A. This section includes restoration of areas disturbed by this project. "Disturbed by this project" is defined as the excavation area plus any area in project vicinity disturbed by Contractor's I. operations, including operations of Subcontractors and suppliers, and utility owner operations necessary to complete this project. B. Work areas shall be kept clean and neat as practicable. Lawns, gardens, and vehicle and pedestrian crossings shall have excess quantities of supplies, excavated material, man made debris, and organic matter removed from the area immediately following construction. C. All property improvements shall be restored in kind or as nearly as practicable as determined by Engineer. 1.2 RELATED WORK 1 Trenching, Backfilling and Compacting is specified in Section 02220. 13 QUALITY ASSURANCE Adequate equipment and qualified personnel shall be applied to this phase of the work from the very beginning of the project. Part 2 -PRODUCT'S ' 3.1 TOPSOIL A. Topsoil shall be placed on disturbed areas equal to the better material on each side of the disturbed area. 3.2 FERTILIZER A. Fertilizer shall be 10-20-10 (nitrogen -phosphorous -potash) delivered to the site in labeled containers conforming to Arkansas fertilizer laws and bearing the name and warranty of the producer. ' 33 SEED A. Seed mixture per Class of Restoration 1. Class 1 Restoration seed mixture shall be 40 percent Lawn Fescue, 30 percent Rye Grass (annual), and 30 percent Blue Grass. City of Fayetteville 09/20/02 Page 02261-1 Class 2 Restoration seed mixture shall be 40 percent Field Fescue, 40 percent Rye Grass (annual), and 20 percent White Clover (common). Class 3 Restoration seed mixture shall be -40 percent Tall Fescue (Kentucky 31), 40 percent Rye Grass (annual), and 20 percent White Clover (common). Seed shall be labeled according to current requirements of the Arkansas State Plant Board. Seed shall be 95 percent pure and 85 percent germination by weight. 50 noxious weed seeds shall be the maximum amount allowed per pound. The following types of seed are not allowed in any amount: Johnson grass, wild onion, wild garlic, field bindweed, or nut grass. Fescue seed shall be certified endophyte free. Sod shall consist of a densely rooted growth of Bermuda grass, Zoysia, etc. and shall be substantially free from noxious weeds and undesirable grasses. The sod shall be cut in uniform strips with a minimum of 2 inches of root depth approximately 12 inches in width and not less than 12 inches in length but not longer than can be conveniently handled and transported. Sod for replacement of disturbed sodded areas shall be approved by Engineer before cutting. Straw mulch shall be good grade clean straw, free of weeds or seed, and of a quality approved by Engineer prior to use. Water shall be of irrigation quality, free of impurities which are detrimental to plant growth. Part 3- EXECUTION RESTORATION WHERE GROUND SURFACE IS NOT GRAVELED OR PAVED FOR VEHICLE OR PEDESTRIAN USE. Class I Restoration - Areas of construction within lawns, gardens, or other well -kept including street rights -of -way that are kept as lawns by adjacent landowners. Trim and remove all damaged limbs on trees, trim limbs of shrubs or, if necessary, cut damaged shrub just below ground surface. Hand rake disturbed area to remove all rocks'/x inch or larger measured in any direction, City of Fayetteville 09/20/02 Page 02261-2 Li all man made debris, and all organic material. Debris and excess material shall be disposed of in a manner approved by the Engineer and applicable government regulations. 4. After raked area is accepted by Engineer for seeding, a. apply 250 pounds of fertilizer per acre. b. apply 0.50 pounds of seed per 100 square feet. c. apply 4,000 pounds of mulch per acre. 5. Apply straw mulch using a non -asphalt tackifier. Apply tackifier to straw in sufficient quantity to bind mulch together. Top spraying of straw with asphalt is not acceptable. 6. As an alternate method of seeding, seed may be applied by hydro mulching. The seed shall be mixed with water and wood cellulose fiber. The wood cellulose fiber shall be composed of natural wood chips and shall contain no growth or germination inhibiting factors and shall contain a water soluble, nontoxic coloring agent. Other alternate methods will be considered by Engineer but shall not be utilized until expressly authorized by Owner and Engineer. ' 7. Where ground cover adjacent to disturbed areas contains grasses such as Bermuda grass, Zoysia, or other grasses not included in the prescribed seed mixture, Contractor shall I. remove and stockpile the existing sod on the job site. After trench settlement is complete, the sod shall be replaced to a condition equal to, or better than, that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or ' destroyed, the Contractor shall be responsible for providing and installing new ground cover of the existing type. ' B. Class 2 Restoration - Areas of construction within fields, meadows, and street rights -of -way which are mowed or cultivated (gardens excepted). 1. Tree and shrub treatment shall be as specified in Section 3.1.A.2. 2. After trench settlement is complete, machine rake to remove rock, man made debris, and ' organic material to a condition equal to existing surface on the better side of the adjacent property. ' 3. Remove all excess excavated material from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual trench excavation. 4. After raked area is accepted by Engineer for seeding, a. apply 250 pounds of fertilizer per acre. b. apply 0.15 pounds of seed per 100 square feet. c. apply 4,000 pounds of mulch per acre. ' 5. Mulching and seeding methods shall be as specified in Section 3.1.A. City of Fayetteville 09/20/02 Page 02261-3 6. Where existing field grass adjacent to disturbed areas contains grasses such as Bermuda, etc. grasses not included in the prescribed seed mixture, Contractor shall place such topsoil as required and seed with the existing type grass so that an equivalent ground cover will be provided. I I C. Class 3 Restoration - Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it is not practical for the area to be cultivated. 1. Tree and shrub treatment shall be as specified in Section 3.1.A.2. i 2. Site raking shall be as specified in Section 3.1.B.2. 3. Seeding shall be as specified in Section 3.1.B.3. 4. Mulching and seeding methods shall be as specified in Section 3.1.A. 1 3.2 RESTORATION WHERE GROUND SURFACE IS GRAVELED FOR VEHICLE USE OR PAVED ' FOR PEDESTRIAN USE ONLY. A. Restoration shall be per cross sections on the Detail Sheet in the plans. 3.3 RESTORATION OF SLOPES A. Terrace slopes where, in the opinion of Engineer, erosion problems may arise after construction. I 3.4 RESTORATION BY SODDING A. B. 1. Place 3 inches of topsoil before installing sod. 2. Apply 250 pounds of fertilizer per acre and work into top 1 inch of topsoil. 3. Make surface of top soil moist and firm (not compacted) at the time sod is placed. I Sod , 1. Moisten sod before placing. 2. Lay by hand along contour lines beginning at lowest elevation. ' 3. Stagger transverse joints. 4. Make tight joints between sod pieces. 5. Cut sod into existing surface and backfill with topsoil to provide a smooth transition from ' sodded areas to non -sodded areas. 6. Apply thin layer of topsoil over sod and overseed with 45 pounds of annual rye grass per City of Fayetteville 09/20/02 Page 02261-4 I F 7 acre. 1 C. Maintenance of Sod ' 1. Water overseeded areas as directed by Engineer. 2. Apply water to sod for 3 weeks as directed by Engineer. 3.5 RESTORATION WHERE GROUND SURFACE IS HARD SURFACED FOR VEHICLE OR PEDESTRIAN USE. ' A. Pavement: Restore damaged pavement sections to existing joints or a sawed joint. B. Asphalt Surfaces 1. Asphaltic Pavement Repair. After the trench has been backfilled and compacted, as specified elsewhere in these Specifications or backfilled with flowable fill, permanent repair shall be made as follows. The existing pavement shall be saw -cut and removed to a point 18 inches beyond the trench edge, or as directed by the Engineer, and brought to ' grade a minimum of 11 inches below the surface of the existing pavement. This area shall then be resurfaced by applying 9 inches of concrete with 6'k 676-6 W.W.M. and then applying asphaltic tack coat at the rate of 0.03-0.10 gallons/square yard, followed by a ' minimum of 2 inches of hot -mixed, hot -laid asphaltic concrete laid to an elevation matching the existing finished grade. The hot -mixed, hot -laid asphaltic concrete shall be compacted to 92 percent of theoretical density. ' 2. One nuclear density test per asphaltic patch or repair shall be performed. 3. Any unacceptable patch or repair shall be recompacted and retested without additional expense to Owner. ' C. Concrete 1. Concrete is specified in Section 03316. ' 2. Flowable fill is specified in Section 03316. ' D. Stone Base 1. Crushed stone base shall be AHTD Class 7 compacted in 8 inch lifts to 95 percent modified proctor density. E. Traffic Maintenance 1. Carry on the work in a manner which will cause the least interruption to traffic. If allowed by Owner, close to through travel not more than two consecutive blocks, I. including the cross street intersected. Where traffic must cross open trenches, provide suitable bridges at street intersections and driveways. ' City of Fayetteville 09/20/02 Page 02261-5 2. When allowed to temporarily close street from Owner, post suitable signs indicating that a street is temporarily closed and necessary detour signs for a proper maintenance of traffic. Receive permission from the proper authority to temporarily close the street and notify all emergency agencies of the temporary closing. 3. Provide adequate personnel to direct traffic when working in the street right-of-way. 1 4. Traffic control devices and methods shall be in strict accordance with the latest issue of the Manual of Uniform Traffic Control Devices. 5. Provide three days written notice to the Mayor's office, the Fire Department, and the Police Department prior to closing or partially closing any street. Closing of State Highway requires approval of the City and the Highway Department. 1 End of Section 02261 I I I I I U I I City of Fayetteville 09/20/02 Page 02261-6 , I I Section 02270 I ' Part 1 -GENERAL SLOPE PROTECTION AND EROSION CONTROL 1.1 SECTION INCLUDES A. Temporary erosion control systems. ' B. Slope Protection Systems. 1.2 RELATED SECTIONS A. Section 02100 - Site Preparation ' B. Section 02220 - Excavation and Compaction C. Section 02900 - Landscaping 13 ENVIRONMENTAL REQUIREMENTS I. A. Protect adjacent properties and water resources from erosion and sediment damage throughout from the beginning of the work until final acceptance. ' Part 2 -PRODUCTS I. 2.1 MATERIALS A. Quick germinating and growing grasses such as wheat, rye, oats, barley, brown top millet, or sudan ' grass, meeting the requirements of the Arkansas State Plant Board. B. Fertilizer is specified in Section 02900. C. Straw bales shall consist of bales of rice, oats, barley, wheat, or rye straw, or of available grasses, free of an excessive amount of noxious weeds. Bales shall each weigh approximately 35 pounds. Straw in an advanced state of decomposition will not be acceptable. D. Fencing for siltation control shall be filter fabric supported by posts and woven wire. The Drawings denote two types of silt fence with this type of application. They are Silt Fence (E-3) and Buried Edge Silt Fence (E-4) using Type 4 fabric. Fencing for siltation Silt Fence on R/W Fence (E-5) shall have Type 3 fabric with fasteners similar to the E-3 and E-4 fence. Type 3 Filter fabric shall be a permeable woven fabric that has high strength, high dimensional stability even when wet, good soil filtration characteristics, and high resistance to tear propagation in all direction meeting or exceeding the characteristics of Type 3. This fabric shall be listed on the AHTD qualified products list. Type 4 Filter fabric shall be a permeable woven fabric that has high strength, high dimensional stability City of Fayetteville 09/20/02 Page 02270-1 even when wet, good soil filtration characteristics, and high resistance to tear propagation in all directions with the following characteristics: Proptity Test Method Min Avg Roll Values Grab Tensile Strength ASTM D 4632 120 x 100 lbs. Grab Elongation ASTM D 4632 10% Mullen Burst Strength ASTM D 3786 300 psi Puncture Strength ASTM D 4833 60 lbs. Trapezoidal Tear Strength ASTM D 4533 60 lbs. Apparent Opening Size ASTM D 4651 20 Permittivity ASTM D 4491 0.2 sec -I Flow Rate ASTM D 4491 20.0 gpm/sq ft. LTV Resistance ASTM D 4355 70% Strength Retained The fabric shall be approved by the Engineer. He or she may allow fabric that has some similar but not the exact same characteristics as the above. Any Type 3 fabric shall be on the AHTD qualified products list. Temporary wire fence shall be commercial woven wire with sufficient strength to provide the service intended. This wire shall be 32" wide galvanized commercial woven wire having 8 line wires. Top and bottom wires shall be 0.135 in size with an average breaking strength of 75,000 psi and the middle wires shall be 0.099 in size with an average breaking strength of 74,000 psi. The wire shall be accordance with ASTM A 116-88 for Commercial Woven Wire. The fence shall be approved by the Engineer. Posts for temporary wire fence shall be steel material of sufficient strength to support the wire fence and fabric when loaded with silt for the time the barrier is needed for service. They shall be a minimum of 5 feet long with a minimum weight of 1.33 lb per foot with the steel fence posts produced in accordance with ASTM A 702-89. Posts shall be approved by the Engineer. Type of fastener and manner of attaching wire fencing to posts and fabric to wire fence shall be approved by Engineer. E. Silt fence used for Drop Inlet Silt Fence (E-6) shall be a orange Type 3 meeting the specifications of a Belton Industries Style 810, or approved equal. F. Erosion control matting, if required, shall be Curlex blankets by American Excelsior Company or , approved equal. Slopes in excess of 3:1 shall have erosion matting. G. Bale stakes for each bale shall be a minimum of 4 feet in length and shall be either two #4 rebars, two steel pickets or two 2x2 inch hardwood stakes driven l'-6" to 2'-0" into ground. H. Temporary mulches such as loose hay, straw, netting, wood cellulose or agricultural silage: J. Fence stakes shall be metal stakes a minimum of 5 feet in length. - PART 3- EXECUTION I 3.1 GENERAL A. Obtain an NPDES permit for the construction site from ADEQ. Prepare a Storm Water Pollution City of Fayetteville 09/20/02 Page 02270-2 , L1 Prevention Plan, complete with a description of best management practices to be followed, and submit Ito Engineer. B. The Drawings may indicate approximate locations for erosion control devices such as straw bales and ' erosion control fencing. If so indicated, these should be considered minimum requirements at approximate locations. Provide erosion control measures required to control erosion and siltation based on site conditions encountered and the nature of the construction. The erosion control plan and implementation shall be the responsibility of the Contractor. 3.2 PREPARATION ' A. Review site erosion control plans. B. Deficiencies or changes in the erosion control plan as it is applied to current conditions will be brought to the attention Engineer for remedial action. 3.3 EROSION CONTROL AND SLOPE PROTECTION IMPLEMENTATION ' A. Place erosion control systems at all locations necessary to control work area from erosion during construction. ' B. Owner may limit the surface area of erodible earth material exposed by clearing and grubbing, excavation, borrow and embankment operations and direct that permanent or temporary pollution I. control measures be provided immediately. Incorporate all permanent erosion control features into the project at the earliest practical time to minimize the need for temporary controls. Permanently seed and mulch cut slopes as the excavation proceeds to the extent considered desirable and practical. C. Temporary erosion control systems shall be maintained to control siltation at all times during construction operations. Failure to maintain erosion control systems in satisfactory condition may result in a deduction from pay requests. D. Respond to any maintenance or additional work ordered by Owner within a 48 hour period. ' E. Any additional material and work required and authorized by Owner which is beyond the extent of the adopted erosion control plan and is not covered by unit prices shall be considered a modification to the Contract Documents. ' F. Slopes that erode easily shall be temporary seeded as the work progresses with a wheat, rye or oats application. G. E-3 and E-4 Silt Fence shall have fence posts placed at six foot centers with a minimum embedment of two feet. The woven wire support shall be attached to the upstream side of the fence ' posts using manufacturer recommended clips with a minimum of three clips per post, evenly spaced. Attach the synthetic filter fabric to the upstream face of the wire support backing using manufacturer recommended pig rings placed on two foot centers in three evenly spaced horizontal rows. The bottom ' twelve inches of the Synthetic Filter Fabric shall be embedded in a six by six inch trench at the toe of the fence. End of Section 02270 ' City of Fayetteville 09/20/02 Page 02270-3 Section 02500 ' ASPHALTIC CEMENT PAVING Part 1 - GENERAL — ' 1.1 SECTION INCLUDES Placement of asphaltic paving, including prime coat materials and installation, and hot mix asphalt binder and ' surface courses. 1.2 RELATED SECTIONS ' A. General quality control requirements and the division of responsibilities for laboratory and field testing are specified in Section 01410. B. Site preparation is specified in Section 02100. C. Excavation and embankment are specified in Section 02220. ' D. Subgrade preparation and base course construction are specified Section 02230. ' E. Concrete curbs and gutters and sidewalks are specified in Section 03316. 1.3 UNIT PRICES Unit prices for work covered under this section are defined in Section 01025, including incidentals, related work, method of measurement, if any, and partial payment provisions. 1.4 REFERENCES A. AASHTO ' 1. M 17, "Mineral Filler for Bituminous Paving Mixtures". 2. M 81, "Cut -Back Asphalt (Rapid -Curing Type)". 3. M 140, "Emulsified Asphalt". ' 4. M 145, "The Classification of Soils and Soil -Aggregate Mixtures for Highway Construction Purposes". 5. M 208, "Cationic Emulsified Asphalt". 6. M 226, "Viscosity Graded Asphalt Cement". 7. T 30, "Mechanical Analysis of Extracted Mixture". 8. T 44, "Solubility of Bituminous Materials in Organic Solvents". ' 9. T 48, "Flash and Fire Points by Cleveland Open Cup". 10. T 49, "Penetration of Bituminous Materials". 11. T 51, "Ductility of Bituminous Materials". ' 12. T 78, "Distillation of Cut -Back Asphaltic (Bituminous) Products". 13. T 96, "Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine". ' 14. T 102, "Spot Test of Asphaltic Materials". 15. T 104, "Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate". 16. T 166, "bulk Specific Gravity of Compacted Bituminous Mixtures". ' City of Fayetteville 09/20/02 Page 02500-1 I B. AHTD 1. Standard Specifications for Highway Construction, 1996 Edition, referencing the following specific sections. a. 401, Prime and Tack Coats and Emulsified Asphalt in Base Course. b. 403, Materials and Equipment for Prime, Tack, and Asphalt Surface Treatment. c. 404, Design and Quality Control of Asphalt Mixtures. d. 406, Asphalt Concrete Hot Mix Binder Course. e. 407, Asphalt Concrete Hot Mix Surface Course. f 409, Materials and Equipment for Asphalt Hot Mix Binder and Surface Courses. g.. 410, Construction Requirements for Asphalt Hot Mix Binder and Surface Courses. 2. AHTD Test Method 449/449A 3. AHTD Test Method 450 4. AHTD Test Method 460 C. ASTM standards may be substituted for the listed AASHTO standard when the standards are essentially the same. 1.5 SUBMITTALS I A. Submit product information on prime coat and tack coat products, and on asphalt cement when requested by Engineer. I B. Submit mix design information in accordance with Paragraph 2.4. C. Submit source quality control information when requested by Engineer in accordance with Paragraph 2.5. 1.6 QUALITY ASSURANCE Testing for materials and construction performance shall be at the option of Owner, or as specified herein. Owner has the authority to require any test needed, in their opinion, to demonstrate that the quality of the construction materials or workmanship meet the specified requirements. Site tests shall be made in the presence of Engineer. Required tests must demonstrate compliance with the specifications before the paving work will be accepted. 1.7 DELIVERY, STORAGE, AND HANDLING A. HMAC mixtures shall be transported from mixing plant to the Work in vehicles with clean, tight beds. I B. When mixtures are hauled more than 15 miles, or when mixtures are being placed between November 1 and April 1, cover beds of vehicles with canvas or other suitable material to retard loss of heat. Cover shall extend over the sides and ends of truck bed and shall be securely fastened. Store cover on truck at all times regardless of haul distance or time of year. C. Provide sufficient vehicles to provide a continuous operation on the roadway. D. Use only non -petroleum release agents. City of Fayetteville 09/20/02 Page 02500-2 I I I ' Part 2 - PRODUCTS 2.1 SOURCES ' A. Obtain aggregate from a permanently established quarry regularly engaged in supplying mineral aggregates for asphaltic concrete mixtures. Quany shall have an established quality control program. B. Obtain asphalt cement from sources that have executed a certification agreement with AHTD. C. Obtain asphaltic concrete mixtures from a permanently established mixing plant regularly engaged in supplying paving materials conforming to AHTD specifications. Applicable provisions of AHTD 409.03 shall apply, except that Engineer will not be inspecting or monitoring operations of the plant. ' 2.2 PRIME AND TACK COATS I I I A. Mineral Aggregates ' I. Mineral aggregates for asphaltic concrete binder course and surface course shall consist of combinations of coarse aggregate, fine aggregate, and mineral filler proportioned as provided for in the specifics mix designs. 2. Coarse aggregate is that fraction retained on the #10 sieve and shall consist of crushed gravel, crushed stone, or slag. 3. Fine aggregate is that fraction passing the #10 sieve, and shall consist of clean, hard, durable ' particles of natural or manufactured sand or combinations of the two. Natural sand shall meet the requirements of AASHTO M 145 except that a maximum of 35 percent may pass the #200 sieve. Fine aggregate may contain a maximum of 2 percent coal and lignite by weight ' of the fine aggregate. 4. Crushed stone shall consist of clean, hard, durable fragments of rock of uniform quality, free from an excess of soft particles. The stone shall have a percent of wear, measured by AASHTO T 96, not greater that 40, and when subject to 5 cycles of the Sodium Sulfate Soundness test, AASHTO T 104, the loss shall not exceed 12 percent. 5. Crushed gravel shall consist of clean, hard, durable aggregate free from an excess of soft particles in which at least 98 percent of the particles retained on the #10 sieve have been ' produced from larger particles by crushing operations. Gravel shall have a percent of wear, measured by AASHTO T 96, not greater than 40. 6. Mineral aggregates shall be clean and free of deleterious material and adherent films of clay that will prevent thorough coating with asphalt materials. The fraction passing the #40 sieve shall have a plasticity index not greater than 4. For asphaltic concrete mixes, a minimum of 65 percent of total aggregate shall be produced by crushing larger particles. 7. Mineral filler shall comply with the requirements of AASHTO M 17. 8. Gradation of aggregates shall comply with the design mix, within the master ranges given in paragraphs 2.3.C and 2.3.D. A. Prime coat shall be emulsified petroleum resin, EPR- 1, manufactured by Blackridge, or equal. B. Bituminous tack coat shall be rapidly curing cutback asphalt conforming to AASHTO M 81, or an emulsified asphalt conforming to AASHTO M 140 or M 208. Cationic emulsified asphalt shall have a minimum Saybolt Furol Viscosity at 122 degrees F at the point of manufacture of 200 seconds, and a maximum Saybolt Furol viscosity of 500 seconds. 23 ASPHALTIC CONCRETE I City of Fayetteville 09/20/02 Page 02500-3 I B. Asphalt cement shall conform to AASHTO M 226. Physical requirements are per Table II of AASHTO M 226, with the further provision that ductility for all grades of asphalt cement shall be a minimum of 100 cm and all grades shall have a negative spot as determined by the Spot Test. The grade to be used will be determined by the mix design. C. Binder course shall be hot mix asphaltic concrete composed of mineral aggregate, asphalt cement, and any required additives proportioned to meet AHTD Type 2 binder course, in accordance with the following: , Mineral Aggregate: Type 2 Asphaltic Concrete Maximum Tolerance Sieve Size percent passing percent 1'/. inch 100 1 inch 92-100 3/4 inch 75-97 f 7 /z inch 55-85 ±7 #4 sieve 35-60 ±7 #10 sieve 20-45 ±5 #20 14-35 ±4 #40 sieve 10-30 f 4 #80 sieve 6-20 t 4 Asphalt cement 3.7-7.0 f 0.4 , Fines to Asphalt Ratio 0.6-1.4 Design Test Requirements , No. of Blows: 50 Minimum Marshall Stability 1000 lbs Marshall Flow, 1/100 inch 7-16 Air voids 3.0-6.0 percent Min. voids in mineral aggregate 13 percent Minimum water sensitivity ratio 70 percent Percent anti -strip As required Fines to asphalt ratio is defined as the weight of the aggregate passing the #200 sieve, expressed as a percentage of the total mix weight divided by the percent asphalt cement content. Exact quantities of mineral filler and anti -strip additive incorporated into the mix will be as determined by the laboratory mix design. I City of Fayetteville 09/20/02 Page 02500-4 , I I I I I L I I L I LI fl J II 1 I I L I D. Surface course shall be composed of mineral aggregates, asphalt cement, and any required additives proportioned to meet the requirements for AHTD Type 2 surface course, in accordance with the following: Mineral Aggregate: Sieve Size 3/4 inch V2 inch #4 #10 #20 #40 #80 Asphalt cement Fines to Asphalt Ratio Design Test Requirements No. of Blows: Minimum Marshall Stability Marshall Flow, 1/100 inch Air voids Min. voids in mineral aggregate Minimum water sensitivity ratio Percent anti -strip Type 2 Asphaltic Concrete percent passing 100 85-100 55-80 35-60 22-45 15-35 8-22 4.5-7.5 0.6-1.4 50 1000 lbs 7-16 2.5-5.0 percent 14 percent 70 percent As required Maximum Tolerance percent t7 f7 f5 f4 t4 t4 ±0.4 Exact quantities of mineral filler and anti -strip additives incorporated into the mix will be as determined by the laboratory mix design. Surface course shall contain not more than 60 percent limestone aggregate in the coarse mineral aggregate fraction. When limestone is the primary coarse mineral aggregate, crushed sandstone, crushed siliceous gravel, syenite, novaculite, or crushed slag shall be used as the remaining coarse mineral fraction. The portion retained on the #10 sieve shall have an insoluble residue of not less than 85 percent when tested in a 1:1 solution of hydrochloric acid and water in accordance with AHTD Test Method 306. 2.4 MIX DESIGN A. A special mix design prepared specifically for this project will not be required. Submit for review the mix design in use at the mixing plant for its regular supply of the mixes specified. B. Mix designs shall be prepared by laboratory analysis in accordance with the requirements of the . specifications. Mix design preparation shall comply with applicable provisions of AHTD 404.01. 2.5 SOURCE QUALITY CONTROL IA. Contractor is responsible for quality control testing of the HMAC mixtures to be incorporated in the work prior to their placement in the work, in accordance with Section 01410. City of Fayetteville 09/20/02 Page 02500-5 B. Tests shall be conducted by the mixing plant, as part of a regular quality control program. Such tests shall be of the type and at the frequency required to demonstrate that the mixing plant is producing mixtures in conformance with required design mixes. C. If required by Engineer, submit a copy of standing quality control program in use at the mixing plant. , D. If required by Engineer, submit copies of testing records of tests conducted at the mixing plant on the HMAC products delivered for this project. Such tests will be ordered if Engineer has reason to believe the HMAC mixtures supplied are not in compliance with the specifications, or if the mixtures appear to result in overly difficult placement or compaction such that specified results are not obtained. Such testing, if ordered, may include: extraction tests (AHTD 450) and sieve analysis (AASHTO T 30)of the extracted aggregate; nuclear asphalt content gauge (AHTD 449/449A) and sieve analysis (AASHTO T 30) of the aggregate sample obtained by AHTD Test Method 460. Additional tests required for further evaluation of the mixture will be as needed to prove the adequacy ' of the mixture. Part 3- EXECUTION 3.1 EXAMINATION A. Examine the areas and conditions under which work will be performed. Conditions detrimental to timely and proper execution of this work shall be corrected. No work shall be done until unsatisfactory conditions are corrected. 3.2 PREPARATION A. Before application of each course or surface coat, prepare the existing course to receive the new ' course. Such preparation may include filling sags and depressions with asphalt binder or surface course mixtures. Accomplish this work by hand, blade grader, or mechanical spreader methods. Featheredge to a smooth and even surface around the edges of these areas. Prime coat or tack coat as applicable before placing this material. Examine base course to verify that the lines and grades conform to the requirements of the Drawings and Specifications, including those for superelevation. B. Clean loose and foreign materials. C. Paint contact surfaces of curbing, gutters, manholes, and other structures with a thin coating of rapid 1 curing cutback asphalt or emulsified asphalt. 3.3 INSTALLATION ' A. Prime Coat 1. Clean surface to be treated with prime coat of dust, dirt, and loose or foreign material by sweeping with mechanical brooms immediately preceding application of prime coat. Take care to clean but not loosen or dislodge embedded aggregate in base course. Remove patches of asphalt, dirt, or other material which does not form an integral part of the surface to be treated. . 2. Perform cleaning only far enough in advance of the application to ensure the surface being properly prepared at the time of application. 3. Spray prime coat material uniformly over surface by means of mechanical pressure distributor City of Fayetteville 09/20/02 Page 02500-6 , I I I I I I I 1J I I I I I I I I I at the rate of 0.25 gallons per square yard, or as recommended by the manufacturer for project conditions. Remove surplus material that collects in surface depressions. 4. Allow prime coat to cure per manufacturer's recommendations before application of asphalt material. No material for a succeeding course shall be placed on a primed base course until the prime coat has cured sufficiently to prevent damage by hauling operations. 5. Do not apply when air temperature is below 45 degrees F. 6. Observe special precautions to ensure uniform distribution of prime coat material. Adjust and operate distributor so as to evenly distribute material. Remove excess quantities on the road surface caused by stopping or starting the distributor, by overflow, leakage, or otherwise. 7. Apply prime coat material only at temperatures within manufacturer's recommendations. 8. Repair prime coat that becomes damaged. B. Apply tack coat in a manner similar to that described in paragraph 3.3.A for prime coat. Apply at the rate of 0.02 to 010 gallons per square yard. Apply tack coat sufficiently in advance of asphalt course to allow proper curing of the tack coat material but not so far in advance as to lose its adhesiveness as a result of being covered with dust or foreign material. If tack coat becomes damaged or covered with foreign material, clean and re -treat with tack coat as required. C Binder Course construction is covered in general in AHTD Sections 406 and 410. Preparing HMAC mixture is covered in general in AHTD Section 409. Binder course shall be constructed to the following standards: Minimum Density, percent of theoretical 92.0 Maximum Moisture, percent (Roadway) 0.75 1. Where binder course is placed on shoulders, minimum density shall be 90 percent of maximum theoretical density. 2. Place mixture on prepared surface, spread, and strike off to line, grade, and elevation required. Place mixture only on a base that shown no evidence of free moisture and when weather conditions are suitable. Engineer may permit work of this character to continue when overtaken by sudden rains to utilize materials that may be in transit from the mixing plant to the site. 3. Mixture shall be delivered to the paver within recommended compaction temperature range according to the design mix. Do not place binder course on roadway at a temperature lower than 250 degrees F. 4. Hand spreading is permitted only in areas inaccessible to pavement. 5. Paver shall uniformly distribute and compact mixture in from of the screed for full width being paved. Finished surface shall be smooth and of uniform texture. 6. Screed or strike -off assembly shall effectively produce a finished surface of required evenness and texture without tearing, shoving, or gouging mixture. 7. Operate mixer at forward speeds consistent with satisfactory laying of mixture. Match speed of paver with mixing plant production rate and number of hauling units. 8. Establish edge of binder course by string or chalk line for at least 500 feet ahead of spreading operation. 9. Thoroughly compact mixture after spreading by rolling as soon as it will bear weight of rollers without undue displacement. 10. Establish an optimum rolling pattern at beginning of placement of each mix design. 11. The number, weight, and type of rollers, and the optimum rolling pattern shall be such that the specified density and surface requirements are consistently attained while mixture is in a workable condition. Rollers which produce excessive crushing of aggregate particles will not be permitted. I City of Fayetteville 09/20/02 Page 02500-7 12. Following the breakdown rolling operation and as soon as the mat will support the roller .' without displacement, pass pneumatic roller over binder course a sufficient number of times to knead and seal entire mat being placed. 13. Exercise due care when using vibratory rollers to prevent any deterioration of material caused by excessive rolling or vibration. Operate vibratory rollers in such a manner that overlap of adjacent passes shall be held to a minimum. 14. Start rolling longitudinally at the low edge and proceed toward the higher portion of the mat. When paving abutting a previously placed lane, longitudinal joint shall be rolled first followed by regular rolling procedure. Terminate alternate passes of roller 3 feet from any preceding stop. Do not stop rollers perpendicular to centerline of traveled way. 15. Restrict speed of roller to avoid displacement of hot mixture, and do not exceed 3 mph. Operate roller in such a manner that no displacement of the mat will occur. Rolling shall proceed continuously until all roller marks are eliminated and required density attained. Keep rollers moist for full width of roller to prevent adhesion of asphalt mixture to roller. Excess water will not be permitted. 16. Do not pass rollers over unprotected end of a freshly laid mixture. Form transverse joints by cutting back on previous run to expose full depth of the course. Use a brush coat of asphalt material on contact surfaces of transverse joints just before additional mixture is placed against previously placed material. 17. Upon completion of rolling operations, surface shall be smooth and of uniform texture. D. Surface Course construction is covered in general in AHTD Sections 407 and 410. Preparing HMAC mixture is covered in general in AHTD Section 409. Surface course shall be constructed to the following standards. Minimum Density, percent of theoretical 92.0 , Maximum Moisture, percent (Roadway) 0.75 Surface course construction shall comply with the requirements of Paragraph 3.3.C, and with the ' following additional requirements: 1. Offset longitudinal joint in one layer by approximately 6 inches from the layer below. However, joint in top layer shall be at the centerline of pavement or at lane lines. General casting back of material or hand raking material onto surface will not be permitted. 2. Establish edge of surface course at least 500 feet ahead of spreading operation. 3. Finished surface, when checked with a 10 foot straight edge parallel to the centerline, shall show no variation more than 1/8 inch for surface course. 3.4 FIELD QUALITY CONTROL I A. Owner will be responsible for quality control testing of the completed pavement, in accordance with Section 01410. Tests to be taken and their frequency will be determined by the Engineer. Tests may include coring for depth and laboratory density, in -place density, and straight edge for smoothness. Density of compacted mixture shall be in accordance with AASHTO T 166. B. If testing shows deficiencies, correct deficiencies by means satisfactory to Engineer prior to beginning additional work. If deficiencies appear to be the result of variation from approved mix design, an inadequate mix design or materials (as opposed to workmanship), operations will be stopped until corrections can be made at the mixture source. If deficiencies are a result of workmanship, adjust operations and equipment to achieve the specified results. City of Fayetteville 09/20/02 Page 02500-8 3.5 CLEANING A. Clean surface of pavement as required of debris and loose material after compaction and before final acceptance. B. Clean ACHM splatter or excess material from curbs, gutters, drainage structures, and other places where it has been placed and exceeds the limits of paving indicated on the Drawings. End of Section 02500 City of Fayetteville 09/20/02 Page 02500-9 I I P J I I I I n I I I I Section 02581 THERMOPLASTIC PAVEMENT MARKINGS Part 1 - GENERAL 1.1 SECTION INCLUDES A. Furnishing and placing thermoplastic pavement markings including lines, words, arrows, and emblems, of the color and type specified, in accordance with the Specifications and at the locations indicated on the Drawings. 1.2 RELATED SECTIONS A. Asphaltic concrete hot mix pavement is specified in Section 02500. B. Signage is specified in Section 02840. 13 REFERENCES A. Arkansas Highway and Transportation Department (AHTD) 1. Test Method 702 2. Test Method 703 B. Federal Highway Administration (FHWA) I. Manual on Uniform Traffic Control Devices (MUTCD). C. American Association of State Highway and Transportation Officials (AASHTO) 1. M 247, Type I Gradation. D. American Society for Testing and Materials (ASTM) 1. E 28. 1.4 SUBMITTALS A. Submit product information of thermoplastic materials and glass beads to be used. 1.5 QUALITY ASSURANCE A. Pavement markings shall be accomplished by workers who are experienced in installing thermoplastic pavement markings conforming to the MUTCD. 1.6 DELIVERY, STORAGE, AND HANDLING A. Thermoplastic materials shall be stored according to manufacturer's recommendation. City of Fayetteville 09/20/02 Page 02581-1 Fl Part2 - PRODUCTS ' 2.1 MATERIALS I A. The material used shall be a product especially compounded for traffic markings. Each container shall be clearly and adequately marked to indicate the color, weight, batch or lot number, and type of material. B. White thermoplastic material, after drying, shall be pure white and free from dirt or tint, and shall comply with the Federal Highway Administration's standard white. The white color is to have a minimum reading of 75% relative to magnesium oxide when tested according to AHTD Test Method 703. When called for on the plans, other colored thermoplastic material shall comply in color with the Federal Highway Administration's standard for that color. The material shall not change appreciably in its color and brightness characteristics after prolonged exposure to sunlight. C. The material, when placed as a stripe, shall not be slippery when wet and it shall not lift from the pavement in freezing weather. D. In the plastic state, the material shall not give off fumes that are toxic or otherwise injurious to persons ' or property. The material shall not break down or deteriorate if held at the plastic temperature for a period of 4 hours nor by reason of 4 re-heatings to the plastic temperature. ' E. The material shall not deteriorate by contact with sodium chloride, calcium chloride, or other chemical formations on the roadway or streets, or because of the oil contact on pavement material, or from oil ' droppings from traffic. F. The temperature -viscosity characteristics of the thermoplastic material shall remain consistent through 4 re-heatings and shall be the same from batch to batch. There shall be no obvious change in the color of the material as a result of up to 4 re-heatings or from batch to batch. G. The pigmented binder shall be well dispersed and free from all skins, foreign objects, or other ingredients that will cause bleeding, staining, or discoloration. The pigment shall be evenly dispersed throughout the material. After application and proper drying time, material shall show no appreciable deformation nor discoloration under local traffic conditions and in air or road temperatures ranging from -18°C (0° F) to 710 C (160°F). The material shall not smear or spread under normal traffic conditions at temperatures below 71° C (160° F). H. The material shall not soften at 82° C (180° F) when tested by ASTM E 28. ' Under this specification, the term "drying time" shall be defined as the minimum elapsed time after application when the stripe shall have and retain the characteristics required in the preceding paragraphs. In addition, the drying time shall be established by the minimum elapsed time after application when traffic will leave no impression or imprint on the applied marking. The drying time shall not exceed a characteristic straight-line curve, the limits of which are 2 minutes at 10° C (50° F) and 15 minutes at 32° C (90° F), measured at a maximum relative humidity of 70%. J. The stripe shall maintain its original dimension and placement. The exposed surface shall be free of tack. Cold ductility of the material shall be such as to permit normal movement with the road surface without chipping or cracking. K. The marking shall have a uniform cross section. The density and character of the material shall be City of Fayetteville 09/20/02 Page 02581-2 , I I I 1J 11 I I [I H [II H C, IHJ C, I uniform throughout its thickness and shall be completely reflectorized both internally and externally. L. During manufacture, reflectorized beads shall be mixed into the material to the extent of not less than 40% nor more than 50% by weight of the material. The glass beads used in the intermix formulation and for the drop -on application shall meet AASHTO M 247 with a Type I gradation. The beads for intermix shall be uncoated. The drop -on beads shall be suitably treated to resist moisture and retain free flow properties. M. Moisture resistance will be tested by AHTD Test Method 702. Beads shall not be specially treated to enhance flotation. The beads shall be automatically applied at a minimum uniform rate of 39 kg (8 pounds) of glass beads to every 100 sq m (100 square feet) of surface. 2.2 SOURCE QUALITY CONTROL A. Manufacturer shall maintain a regular quality control program that ensures that the specified requirements for the thermoplastic materials are met. The written quality control program, as well as documentation concerning its continuing implementation, should be available to the for review by Engineer and Owner. Part 3- EXECUTION 3.1 EXAMINATION A. Examine pavement to be marked. Verify that the paving work is complete, requiring only cleaning and preparation before application of the thermoplastic compound. 3.2 PREPARATION A. On pavements where no pavement markings exist or where the existing pavement markings are paint or thermoplastic and do not conflict with the proposed pavement markings, blasting with water or sand or a combination thereof will be required to remove any curing compound, oxidized paint or thermoplastic, or dirt to ensure a good bond. B. Conflicting pavement markings that exist shall be removed by blasting with water and/or sand or by grinding. 33 APPLICATION A. Apply thermoplastic compound in the locations and of the type (lines, words, arows, and emblems) and color indicated on the Drawings and as per the Manual On Uniform Traffic Control Devices (MUTCD). B. The thermoplastic compound shall be screed or ribbon extruded to the pavement surface unless a specific application method is specified. C. The equipment used to apply the thermoplastic compound onto the pavement shall be suitably equipped for heating and controlling the flow of the material. The equipment shall be constructed to provide continuous mixing and agitation of the material. The conveying parts of the equipment, between the main material reservoir and applicator, shall be so constructed as to prevent accumulation and clogging. The equipment shall be constructed so that all mixing and conveying parts, up to and including the applicator, maintain the material at the plastic temperature. The thermoplastic material shall be I City of Fayetteville 09/20/02 Page 02581-3 dispensed at a temperature recommended by the manufacturer. The applicator shall include a cutoff device remotely controlled to provide clean, square stripe ends and to provide a method for applying skip lines. D. The thermoplastic reservoir shall be insulated and equipped with an automatic thermostatic control to maintain the proper temperature of the material. E. The thermoplastic machine shall comply with the requirements of the National Board of Fire Underwriters. F. Beads applied to the surface of the completed stripe shall be applied by an automatic bead dispenser attached to the pavement marking equipment in such a manner that the beads are immediately dispensed upon the completed line. The bead dispenser shall be equipped with an automatic cutoff control, synchronized with the cutoff of the pavement marking equipment. G. Thermoplastic markings shall not be applied to the pavement surface when the pavement surface , temperature is less than 10° C (50° F) or when the pavement surface shows evidence of moisture. H. The thickness of all thermoplastic markings above the roadway surface shall be 2.3 mm (90 mils) ( a minimum of 446 kg/km [ 1584 pounds per mile] of 100 mm [4"] line). The thickness of the plastic will be measured by a device supplied by the Contractor during the course of the project capable of measuring the thickness of the plastic as installed on the pavement. The minimum thickness, as required above, will be measured in the center of the line when gauged by the equipment described above. The minimum thickness 12 mm ('/2") from the edges shall not be less than 75% of the thickness required in the center. Maximum thickness of markings is 5 mm (3/16"). On concrete pavements, paint pavement markings according to Section 02580 shall be applied as a primer for the thermoplastic markings, except where thermoplastic marking s are to be applied over existing thermoplastic markings. A primer other than paint may be used when recommended by the thermoplastic manufacturer. J. A primer is not required for asphalt pavements, but paint pavement markings complying with Section 02580 may be used as a primer at no cost to the City. K. Spotting of the center line and lane line locations, if required, shall be the responsibility of the Contractor. Edge lines shall not be broken for driveways. The trace of the thermoplastic line shall be uniform. I I I I I I L. The finished lines shall have well defined edges, shall be uniform in thickness, and shall be straight and true. No stripe shall be less than the specified width. Any corrections of variations in width or alignment of the stripes shall not be made abruptly. M. Line removal as specified on the plans shall be performed in such a manner that no conflicting pavement marking will be left in place. Removal of the pavement marking by a means that will gouge the surface will not be permitted. 1 End of Section 02581 I City of Fayetteville 09/20/02 Page 02581-4 1 I .. Section 02600 PIPE LAYING ' Part 1 - GENERAL 1.1 SECTION INCLUDES A. Installation of water, wastewater, and storm sewer pipe and appurtenances. 1.2 RELATED WORK A. Trenching, Backfilling and Compacting is specified in Section 02221. B. Reinforced concrete pipe and fittings are specified in Section 02720. ' C. Corrugated metal pipe and fittings are specified in Section 02720. D. Perforated plastic tubing is specified in Section 02720. E. Testing of installed pipe is specified in Section 02720. F. Concrete is specified in Section 03316. G. Ductile iron pipe and fittings are specified in Section 02615. ' H. Plastic pipe and fittings are specified in Section 02622. I C I I HH J 1.3 REFERENCES A. AASHTO 1. T 99, "Standard Method of Test for the Moisture -Density Relations of Soils Using a 5.5 - lb. Rammer and a 12 -in. Drop". 2. T 180, "Standard Method of Test for the Moisture -Density Relations of Soils Using a 10 - lb. Rammer and a 18 -in. Drop". B. AHTD Standard Specifications for Highway Construction 1. Section 303, "Aggregate Base Course". C. ASTM 1. D 448, "Standard Classification for Sizes of Aggregate for Road and Bridge Construction". 2. D 2774, "Recommended Practice for Underground Installation of Thermoplastic Pressure Piping". 3. D 2922, "Standard Test Methods for Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth), I City of Fayetteville 09/20/02 Page 02600-1 I 1.4 QUALITY ASSURANCE A. Provide skilled workers to insure proper handling, jointing, and embedment of pipe. ' B. Methods of Testing ' 1. Moisture density relations of material shall be determined in the laboratory in accordance with AASHTO T 99 or T 180, as specified. 2. Field density of backfill shall be determined in accordance with ASTM-D 2922. Part 2- MATERIALS 2.1 BEDDING MATERIALS Bedding materials, used for bedding, haunching, and initial backfill in the locations indicated on the ' Drawings, shall conform to one of the following materials. A. Grit: a local designation for a crushed stone material, available from quarries in northwest Arkansas, and is specified by City of Fayetteville for use in pipe embedment (bedding, haunching, and initial backfill) where groundwater is not encountered. Approximate gradation of grit is: 100 percent passing a 3/8th sieve, and 0 to 10 percent passing a No. 200 sieve. This material is to be used for water line, sewer line, and any storm sewer installation designated N/P-1 or P-1. B. Natural pea gravel may be used as an alternative for grit, subject to approval of Engineer. , C. Sand: well graded natural sand, free of gravel, angular pieces, organic matter, and other deleterious substances may be substituted for grit, subject to approval of Engineer. D. Class 7 or Class 8 Base material per AHTD, Section 303, Table 303-1 as an alternative for grit, subject to approval of Engineer. E. Materials meeting either ASTM D 448 Size No 67 or ASTM D 2774 as an alternative to grit, subject to approval of Engineer. F. Concrete rock for storm sewer installation meeting the gradation requirements of Section 802.02 Materials (c) Coarse Aggregate. This material is to be used when groundwater is encountered. The storm sewer installation will be designated N/P-2 or P-2. Part 3- EXECUTION 3.1 GENERAL A. Examine pipe and appurtenances for compliance with specifications. B. Reject pipe and appurtenances not in compliance with specifications. ' C. Remove foreign matter from pipe and appurtenances before lowering into excavated area. City of Fayetteville 09/20/02 Page 02600-2 I.. 3.2 PIPE HANDLING A. Pipe shall be off loaded at site as close to location of installation as possible, subject to constraints of traffic control and availability of land for construction. Pipe shall not be dropped from carrier. . ' — deck. Stack pipe according to manufacturer's recommendations. B. Lower pipe into trench after placement of bedding using slings and mechanical equipment. •Workers shall be present in trench, in accordance with safety practices, to direct pipe into place. 33 PIPE BEDDING, HAUNCHING, AND INITIAL BACKFILLING ' A. For PVC pipe and fittings, and corrugated metal pipe, place 6 inches minimum of grit between excavated trench bottom or stabilized trench bottom and bottom of pipe or fitting as bedding. ' Provide a minimum of 6 inches of grit or acceptable material all around pipe. Provide depression in bedding for joints so that barrel of pipe or fitting rests on grit. ' B. For ductile -iron pipe and appurtenances, place 6 inches minimum of grit between excavated trench bottom or stabilized trench bottom and bottom of pipe or appurtenance as bedding. Provide depression in grit for joints so that barrel of pipe or fitting rests on grit. ' C. Place grit in 6 inch maximum layers, compacted to 85 percent of maximum proctor density to spring line of pipe as haunching, and to top of pipe as initial select backfill, ensuring that grit is placed against haunch area of pipe. D. For reinforced concrete pipe designated as storm sewer installation N/P-1 or P-1 and appurtenances, place 4 inches of grit between the excavated trench bottom or stabilized trench bottom and bottom of pipe or appurtenance as bedding. Provide depression in grit for joints so that barrel of pipe or appurtenance rests on grit. No haunching is required for reinforced ' concrete pipe. Initial backfill shall be job excavated select material. E. For reinforced concrete pipe designated as storm sewer installation NIP -2 or P-2 and appurtenances, place a minimum of 4 inches of concrete coarse aggregate between the excavated trench bottom or stabilized trench bottom and bottom of pipe or appurtenance as bedding. Initial backfill shall be this coarse aggregate to a minimum of eighteen inches ' above the four inch diameter underdrain pipe. This underdrain pipe shall be laid at the flow line elevation of the concrete pipe and capped at the upstream end. The downstream end shall terminate into the drainage structure. ' 3.4 JOINTING IA. Place pipe and appurtenance to planned line and elevation. 1. Place sewer pipe from low end to high end with pipe bells facing upstream. 2. Place potable water pipe with bells facing the direction of laying. ' 3. Cover open end of laid pipe whenever pipe laying is interrupted to prevent rodents and debris from entering pipe. B. Prepare pipe before jointing operations in accordance with manufacturer's recommendations. ' Place gasket in location marked. C. Shove pipe home into joint using mechanical equipment as recommended by manufacturer. Pipe 1 City of Fayetteville 09/20/02 Page 02600-3 I barrel shall be inserted into joint to appropriate mark, if available on pipe. 3.5 BACKFILLING ' A. Pipe Covering 1. Place minimum 12 inch of grit over top of PVC pipe and fittings. 2. Place minimum 6 inch of grit over top of iron pipe and fittings. 3. Place job excavated select material from bedding of reinforced concrete pipe and ' compact to 90 percent of standard proctor density when groundwater is not encountered. 4. When groundwater is encountered or if shown on plans and/or bid items in storm sewer pipe construction, place concrete rock for a minimum of 18 inches above the underdrain pipe as initial backfill. B. See Section 02220 for remainder of backfill. C. Existing Utility Crossings: Expose utilities located between two manholes 24 hours minimum ' before the downstream manhole is constructed. Wherever possible sewer will be adjusted to provide necessary clearance. 3.6 THRUST BLOCKING A. Construct thrust blocking at all pipe fittings, including bends and reducers, as indicated on the , Drawings. B. Concrete for thrust blocking is specified in section 03316 C. Construct thrust blocking between pipe and undisturbed earth. If trench conditions do not exist, either extend thrust blocking or backfill over excavation and dig new trench to obtain trench conditions. End of Section.02600 Li I I I H City of Fayetteville 09/20/02 Page 02600-4 , Section 02615 IRON PIPE AND FITTINGS Part 1 - GENERAL 1.1 SCOPE ' A. This section covers ductile iron pipe and fittings for potable water and wastewater systems. 1.2 RELATED WORK A. Pipe Laying is specified in Section 02600. ' B. Potable water systems are specified in Section 02675. C. Valves are specified in Section 02641. D. Plastic Pipe is specified in Section 02622. 1.3 REFERENCES ' A. AWWA 1. C104, "American National Standard for Cement -Mortar Lining for Ductile -Iron Pipe ' and Fittings for Water". 2. C110, "American National Standard for Ductile -Iron and Gray -Iron Fittings, 3 In. Through 48 In., for Water and Other Liquids". ' 3. C111, "American National Standard for Rubber Gasket Joints for Ductile Iron and Gray -Iron Pressure Pipe and Fittings" 4. C151, "American National Standard for Ductile Iron Pipe, Centrifugally Cast in ' Metal Molds or Sand -Lined Molds, for Water or Other Liquids" 5. C 153, "American National Standard for Ductile -Iron Compact Fittings, 3 In. Through 24 In., for Water Service". ' B. ASTM I. D 1248, "Standard Specification for Polyethylene Plastics Molding and Extrusion Materials" ' 1.4 QUALITY ASSURANCE A. No field testing of pipe, except pressure testing of completed systems will be required unless evidence develops that material is not as specified or as certified by manufacturer. B. Affidavits of Compliance and Independent Laboratory Inspection ' 1. Ductile iron pipe and ductile iron pipe fittings furnished and installed on this project ' City of Fayetteville 10/22/03 Page 02615-1 I shall be inspected and tested by the manufacturer. The manufacturer shall furnish to Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. 2. If evidence appears that all provisions of the applicable ASTM/AWWA Standards have not been complied with after the pipe has been delivered, Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, Owner will not be responsible for delays. The independent laboratory may be chosen by Owner or the manufacturer, as directed by Engineer, and shall be approved by Engineer. C. Joint lubricant containers must be labeled with manufacturer's name and must be labeled as pipe joint lubricant. 1.5 DELIVERY STORAGE AND HANDLING A. Comply with pertinent provisions of Section 01620. B. Protect polyethylene encasement from prolonged exposure to sunlight. I I I I I I H 11 H Part 2- MATERIALS 2.1 PIPE AND FITTINGS A. Ductile Iron Pipe and Ductile Iron Pipe Fittings With Mechanical Type Joints. Unless otherwise specified or shown on the Drawings or specified, pipe and fittings furnished on this project shall be ductile iron; pipe and fittings shall have mechanical joints. Ductile iron pipe furnished with either push -on or mechanical type joints shall conform to the requirements of AWWA C151, latest revision, and shall be Pressure Class Pressure Class 350 unless otherwise indicated on the Drawings. 2. Ductile Iron Pipe Fittings: Fittings over 3 inches shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C153/A21.53. Fittings shall have a minimum pressure rating of 350 pounds per square inch and shall be lightweight (compact) fittings, unless otherwise indicated on the Drawings. [Ti H L Li I City of Fayetteville 10/22/03 Page 02615-2 , I 3. Ductile Iron Pipe Joints: Ductile iron pipe and ductile iron fittings with mechanical or push -on type joints shall have rubber gasket joints in conformance with ANSI/AWWA C1 I I/A21.11. • ' 4. Restrained Joints: Restrained joint pipe and fittings shall be ductile iron pipe manufactured in accord with applicable sections of ANSI/AW WA Cl 5 l/A21.51 and AWWA/ANSI C1IO/A21.10. Restrained joint pipe shall be "TR Flex," as ' manufactured by U.S. Pipe, or equal. 5. Ductile Iron Pipe Joint Lubricant: Joint lubricant shall be provided by the pipe manufacturer, and applied as per the manufacturer's recommendations. 6. Tapping sleeves shall be designed for 200 psi and shall be JCM Type 432 for 6 -inch through 12 -inch lines and JCM Type 412 for 12 -inch lines and larger, or equal. Taping sleeves shall be vinyl coated. 2.2 LINING AND COATING A. Water Pipe: Ductile iron pipe and ductile iron fittings used for water systems shall have a standard thickness cement mortar lining in conformance with ANSI/AWWA C104/A21.4. •' B. Outside Coating: Ductile iron pipe shall have either a bituminous exterior coating, or shall be delivered to the site factory cleaned and primed as set out below. ' I. Factory Primed Pipe: Unless otherwise shown on the Drawings, all exposed pipe and fittings within the limits of structure walls or all pipe exposed above ground shall be delivered to the job site factory blasted, cleaned, and primed with one coat of Kop- ' Coat 240 Gold Primer, Kop-Coat 622 LCF Primer, or approved equal. 2. Bituminous Coating: Pipe and fittings indicated for buried service shall have a bituminous coating approximately I mil thick. The coating shall be factory applied to the outside of all pipe and fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall ' be strongly adherent to the pipe or fitting. ' 2.3 DETECTABLE TAPE Shall be "Detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall ' consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert jacket that is impervious to all known alkalis, acids, chemical reagents, and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2-1/2 pounds/1 inch x 1,000 feet. I City of Fayetteville 10/22/03 Page 02615-3 The tape shall be color coded and imprinted with the message as follows: Type of Utility Water Sewer Part 3- EXECUTION 3.1 GENERAL Color Code Safety Precaution Blue Safety Precaution Green Legend Caution, Buried Water Line Below Caution, Buried Sewer Line Below A. Pipe shall be laid in conformance with Section 02600. 3.2 PIPE DETECTION TAPE A. Pipe detection tape shall be provided in all trenches for water and sewer line construction. Installation shall be per manufacturer's recommendations and shall be as close as practical to finished grade while maintaining a required minimum of 18 inches between the detection tape and the top of any pipe line. End of Section 02615 City of Fayetteville 10/22/03 Page 02615-4 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Section 02616 POLYETHYLENE ENCASEMENT Part 1 - GENERAL 1.1 SCOPE A. This Section covers polyethylene encasement of iron pipe and fittings. 1.2 RELATED SECTIONS A. Iron Pipe is specified in Section 02615. B. Pipe Laying is specified in Section 02600. 1.3 REFERENCES A. AWWA Cl 05, "American National Standard for Polyethylene Encasement of Ductile -Iron Pipe Systems". 1.4 QUALITY ASSURANCE Polyethylene encasement materials shall be products of a manufacturer experienced in producing encasement materials in compliance with the governing standard, and installed by workers experienced in this type of construction. 1.5 SUBMITTALS Submit manufacturer's data for polyethylene materials. Part 2- PRODUCTS 2.1 POLYETHYLENE A. Comply with ANSI/AWWA O05, latest revision. City of Fayetteville 10/22/03 Page 02616-I B. Polyethylene film shall have a minimum nominal thickness of 0.008 inches (8 mils), and shall be provided in tube style only. Nominal Pipe Dia. 4 6 8 12 16 24 Part 3- EXECUTION Flat Tube inches 16 20 24 30 37 54 3.1 POLYETHYLENE TUBE INSTALLATION A. Assemble tube on pipe as specified in ANSIIAWWA C105. B. In dry trench conditions, tube may be assembled on pipe in trench. C. In wet trench conditions, tube must be assembled on pipe before lowering into trench. D. Seal any opening in tube with polyethylene compatible adhesive tape. E. Wrap odd -shaped iron appurtenances with a split length of polyethylene tube. 3.2 INSTALL POLYETHYLENE ENCASEMENT A. Use Method A or B as specified in ANSI/AWWA C105 for slip-on joints. B. Use Method A as specified in ANSI/AWWA C105 for bolted joints. End of Section 02616 City of Fayetteville 10/22/03 Page 02616-2 I Section 02622 PLASTIC PIPE AND FITTINGS Part 1 - GENERAL 1.1 SCOPE A. This section covers polyvinyl chloride (PVC) pipe and fittings for potable water and wastewater systems. 1.2 RELATED WORK A. Wastewater systems are specified in Section 02722. B. Potable water services are specified in Section 02666. 1 C. Potable water systems are specified in Section 02675. D. Ductile Iron Pipe and Fittings are specified in Section 02615. E. Pipelaying is specified in Section 02600. 1.3 REFERENCES ' A. ASTM 1. D 1784, "Standard Specification for Rigid Poly(Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds" 2. D 2241, "Standard Specification for Poly(Vinyl Chloride) (PVC) Pressure -Rated Pipe (SDR-Series)" 3. D 3034, "Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings" 4. D 3139, "Standard Specification for Plastic Pressure Pipes Using Flexible Elastomeric Seals" 5. D 3212, "Standard Specification for Drain and Sewer Plastic Pipe using Flexible Elastomeric Seals" 6. F 477, "Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe" B. AWWA I. C900, "Polyvinyl Chloride (PVC) Pressure Pipe, 4 In. Through 12 In., for Water Distribution". 2. C905, "Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters 14 In. Through 36 In." 1 City of Fayetteville 10/22/03 Page 02622-1 I 1.4 SUBMITTALS ' Submit manufacturer's data for pipe being supplied; include weights, handling procedures, jointing procedures, field cutting, manufacturing materials, markings, and other pertinent drawings and data. 1.5 QUALITY ASSURANCE I A. No field testing of pipe, except pressure testing of completed systems will be required unless evidence develops that material is not as specified or as certified by manufacturer. B. Affidavits of Compliance and Independent Laboratory Inspection 1. PVC pipe and ductile iron pipe fittings furnished and installed shall be inspected and tested by the manufacturer. Manufacturer shall furnish to Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. 2. If evidence appears that all provisions of the applicable ASTM/AWWA standards have not been complied with after the pipe has been delivered, Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier and Contractor if the pipe is not in compliance. Owner will pay the cost of the testing and sampling if pipe is in compliance with the Specifications; however, Owner will not be responsible for job delay. The independent laboratory may be chosen by the Owner or the pipe manufacturer, and shall be approved by the Engineer. C. Joint lubricant containers must be labeled with manufacturer's name and must be labeled as I pipe joint lubricant. D. Stamp manufacturer's name or trademark, ASTM standard, SDR, and Cell Class on each pipe. ' 1.6 DELIVERY STORAGE AND HANDLING A. Comply with pertinent provisions of Section 01620 1 B. Minimize handling of pipe below 25 degrees F. I City of Fayetteville 10/22/03 Page 02622-2 I I Part 2- PRODUCTS 2.1 MATERIALS A. Potable Water Pipe I. PVC pipe 2 inches in size shall be manufactured in accordance with ASTM D 2241 and shall have an SDR of 13.5. PVC pipe 4 inches through 12 inches in size shall be �' manufactured in accordance with AWWA Specification C900 and shall have a DR of 14; PVC pipe 14 inches through 24 inches in diameter shall be manufactured in accordance with AWWA C905 and shall have a DR of 21. 2. The plastic material used in making the pipe shall be clean, virgin, Cell Classification 12454B PVC compound conforming to ASTM resin specification D 1784, latest revision. Clean, reworked material generated from the manufacturer's own production shall be acceptable as long as the pipe produced meets all the requirements of the Specifications. Nominal laying length shall be 20 feet. 3. Joints for 2 -inch plastic pipe shall conform to ASTM D 3139. Joints for plastic pipe 4 inches and larger shall conform to AWWA C900 or C905, as applicable. 4. Fittings for PVC pipe 2 -inch diameter shall comply with ASTM D 3139, "Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals". 5. Fittings for PVC pipe 4 inches and larger shall conform to the specifications for .' ductile iron fittings. B. Gravity Wastewater Pipe 1. Supply pipe and fittings, 4 inch diameter and greater, in compliance with ASTM D 3034 limited as follows. • a. Manufacture pipe and fittings with PVC compound having cell classification 12454B conforming to ASTM D 1784. b. Manufacture pipe and fittings with wall thickness classification SDR 26. • c. Manufacture pipe and fittings to use Elastomeric Gasket Joints that comply with ASTM D 3212. ' C. Elastomeric Gaskets: Supply gaskets manufactured in compliance with ASTM F 477 and with additional markings as follows. I. Year of manufacture. 2. Color striped on the side of gasket that faces open bell. I. D. Trace wire shall be 14 gage coated copper for underground burial and shall be taped to the top of the pipe at 12 foot intervals. City of Fayetteville 10/22/03 Page 02622-3 1 E. Detectable tape shall be "Detect Tape" as manufactured by Allen Systems, Inc. or approved , equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert jacket that is impervious to all known alkalis, acids, chemical reagents, and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2-1/2 pounds/1 inch x 1,000 feet. I Tape shall be color coded and imprinted with the message as follows: Type of Color Utilitx Code Legend Water Safety Precaution Blue Caution, Buried Water Line Below Sewer Safety Precaution Green Caution, Buried Sewer Line Below I Part 3 - EXECUTION 11, 3.1 INSTALLATION A. Pipe Installation is covered in Section 02600. B. Pipe Detection tape shall be provided in trenches for water and sewer line construction. I Installation shall be per manufacturer's recommendations and shall be as close as practical to finished grade while maintaining a required minimum of 18 inches between the detection tape and the top of any pipe line. C. Trace wire shall be laid adjacent to all PVC installations and shall be looped around the pipe at least once per joint and connected to all valves and fittings. A tracing test shall be required prior to final acceptance. End of Section 02622 I I r City of Fayetteville 10/22/03 Page 02622-4 i I ISection 02641 VALVES Part 1 - GENERAL 1.1 SCOPE This section covers valves for potable water systems, except for valves for individual service connections. 1.2 RELATED NVORK A. Iron pipe and fittings are specified in Section 02615. B. PVC pipe is specified in Section 02622. C. Potable water services are specified in Section 02665. D. Potable water systems are specified in Section 02713 1i REFERENCES A. AWWA Standards: 1. C504, "Rubber Seated Butterfly Valves". 2. C509, "Resilient Seated Gate Valves for Water Supply Service." 3. C550, "Protective Epoxy Coatings for Valves and Hydrants." 4. C600, "Installation of Ductile -Iron Water Mains and Their Appurtenances". B. ASTM Standards: 1. A 126, "Standard Specification for Gray Iron Castings for Valves, Flanges, and Pipe Fining". 2. A 153, "Standard Specification for Zinc Coating (Hot Dip) on Iron and Steel Hardware". 3. A 436, "Standard Specification for Austenitic Gray Iron Castings". 4. D 429, "Standard Test Methods for Rubber Property —Adhesion to Substrates". 1.4 SUBMITTALS A. Submit manufacturer's catalog data, including illustrations and a parts list, that identifies the materials to be used for making various parts, in sufficient detail to serve as a guide in the assembly and disassembly of the valve and for ordering repair parts. B. Submit a statement of the net assembled weight for each size valve exclusive of joint accessories. C. Submit drawings showing principal dimensions, construction details, and materials used for all City of Fayeneville 10/22/03 Page 02641-1 El parts of valve. 1.5 QUALITY ASSURANCE A. Valves shall be manufactured by a company with at least five years of experience in manufacturing the same type of valve in the required sizes. B. No field testing of valves, except pressure test of completed systems, will be required unless evidence develops that material is not as specified or as certified by manufacturer. 1.6 DELIVERY, STORAGE, AND HANDLING A. Comply with pertinent provisions of Section 01620 1 Part 2- MATERIALS 2.1 GATE VALVES N A. Gate valves shall be used for pipe up through 10 -inches in size. Valve sizes are indicated on the Drawings. B. Gate valves shall be iron body, resilient seated type, non -rising stem gate valves, in conformance with the requirements of AWWA C509. Gate valves shall be designed for a minimum of 200 psi working pressure. Gate valves shall be M&H, Waterous, Mueller, or Clow. g C. Gate valves shall have O-ring stem seals. The O-ring stem seal shall be so designed that the seal above the stem collar can be replaced with the valve under pressure in the full -open position. D. Gate valves shall have standard mechanical joint ends conforming with AWWA Cl 11, unless tapping valves, valves with flanged ends, or valves of a special nature are indicated on the Drawings. E. Buried gate valves shall be designed for operation with a nominal 2 inch square operating nut. The standard direction of opening shall be open left, counter -clockwise as viewed from the top. F. The interior and exterior of the valve body, bonnet, and seal plate shall have factory applied fusion bonded epoxy coating meeting AWWA C550. 1 G. The valve shall be tested in accordance with AWWA C509. H. Bolting materials shall be zinc coated per ASTM A 153. 1 City of Fayetteville 10/22/03 Page 02641-2 1 I 2.2 BUTTERFLY VALVES A. Butterfly valves shall be used for all pipe 12 -inches and larger. Valve sizes are indicated on the Drawings. IB. Butterfly valves shall conform with the requirements of AWWA C504, except that valves shall be suitable for 200 psi working pressure and provide drip -tight shut off at 250 psi. Butterfly I. valves shall be groundhog type, as furnished by Henry Pratt Company HP -250 Ground Hog type, or equal. Manufacturer's other than Henry Pratt Company will be required to submit proof of design certificates as required by AWWA C504 paragraph 5.2.4. C. Valve body shall be constructed of cast iron ASTM A 126, Class B, and shall have integrally cast mechanical joint ends unless alternate valve ends are indicated on the Drawings. Body Ii thickness shall be in strict accordance with AWWA C504, Class 150B, except as greater thicknesses are required for the greater pressures. D. Butterfly valves shall be of the tight closing, synthetic rubber -seat type, as follows. i. Valves 20 inches (nominal diameter) and smaller shall have bonded seats which are simultaneously molded in, vulcanized, and bonded to the body. Seat bond must withstand 75 pounds pull under test procedure ASTM D 429, Method B. 2. Valves 24 inches and larger shall have seats of synthetic rubber compound. Seats shall I. be retained in the valve body by mechanical means without retaining rings, segments, screws, or hardware of any kind in the flow stream. Seats shall be a full 360 degrees circumference and replaceable without dismantling operator, disc, or shaft and without removing valve from the line. 3. Valve discs shall be as follows. a. For valves 12 inches through 20 inches, nominal diameter, valve disc shall be constructed of alloy cast iron ASTM A 436, Type 1. b. For 24 inch valves, nominal diameter, valve disc shall be cast iron with a stainless steel seating edge. E. Valve shaft shall be constructed of stainless steel and the bearings shall be corrosion resistant and self-lubricating. Valve shall be equipped with a totally enclosed type operator, fully I. gasketed and grease packed, suitable for direct burial. Operator shall be designed for operation with a nominal 2 inch square operating nut for use with a T -wrench. Operators shall be designed to open with a counterclockwise rotation of the operator nut. Shaft seal shall be O- ring type. F. Valves shall have factory applied fusion bonded epoxy coating meeting AWWA C550, latest revision. G. Valve shall be hydrostatically tested at 250 psi for leakage in accordance with AWWA C504, latest revision. H. Where valves are specifically shown and detailed on the Drawings to be painted, valves shall be delivered to the job site factory blasted, cleaned and primed with one coat of Kop-Coat 340 Gold Primer of Kop-Coat 622 LCF Primer, or approved equal. ' Cityof Fayetteville 10/22/03 Page 02641-3 I I. Affidavit of Compliance - Manufacturer shall furnish to Engineer prior to delivery, an affidavit stating that valve and materials used in its construction conform to the requirements of AWWA C5 O4 and that tests specified therein have been performed and that test requirements have been met. 2.3 TAPPING VALVES A. Tapping valves shall be gate valves, for buried service, ofmodified design to serve as valves to tap a pressurized pipeline. B. Tapping valves shall be manufactured by a company regularly supplying such valves, in the sizes required, for at least five years. C. Valve sizes are indicated on the Drawings. I D. Valve ends shall be: flanged end for bolting to the tapping sleeve; and mechanical joint end for joining to the new distribution main. E. Valves shall be suitable for a working pressure of 200 psi and a drip -tight shut-off pressure of 250 psi. F. Valve end shall allow direct connection of the tapping machine. G. Valve shall provide the necessary clear opening to allow insertion of the cutting mechanism and removal of the cut piece of pipe. H. Other provisions of Paragraph 2.1, covering gate valves, apply. 2.4 AIR/VACUUM RELEASE VALVES A. Air and vacuum valves shall be APCO, Series 140 for 3 -inch and smaller and Series 150 for 4 - inch and larger. Sizes are indicated on the Drawings. B. Air and vacuum valves shall conform with the following. 1. Designed to allow large quantities of air to escape out of the orifice when filling the pipeline, to close watertight when liquid enters the valve, and to permit large quantities of air to enter through the orifice when the pipeline is being drained to break the vacuum. 2. Discharge orifice area equal to or greater than the inlet of the valve. 3. Body and cover: cast iron, ASTM A 126 grade B. 4. Float: stainless steel, ASTM A 240. 5. Seat: Buna-N. 6. Exterior paint: phenolic primer red oxide, FDA and/or EPA approved for contact with potable water. 7. Protector hood: steel. City of Fayetteville 10/22/03 Page 02641-4 L I 2.5 VALVE BOXES A. Valve boxes for gate valves, butterfly valves, and tapping valves shall be constructed of cast iron. Valve box and appurtenances shall consist of a base, extensions as required, and a top section with a drop lid. The lid shall be marked with the word "WATER". Valve boxes shall be compatible with the valve for which they are provided. AirfVacuum release valve boxes shall be 48 -inch diameter concrete pipe or manhole section. Length of pipe shall be sufficient to reach from just above the pipeline to finish grade. Provide removable concrete cover for valve box, with a Neenah manhole frame and cover cast in the concrete cover. ' Part 3- EXECUTION 3.1 EXAMINATION A. Inspect valves prior to installation for direction of opening, number of turns to open, freedom of operation, tightness of pressure, containing bolting and test plugs, cleanliness of valve port and seating surfaces, handling damage, and cracks or other defects. B. Mark defective valves and remove from job site. C. Check bolts and nuts for proper tightness, expect seat adjusting bolts or screws in butterfly valves. 3.2 PREPARATION A. Widen trench as necessary to allow for installation of valve and provide working room on all sides of valve, and to allow installation of valve box and supports. B. Shape bedding to allow valve bottom to be fully supported by bedding. Valves at right angle to pipeline shall not cause torque stresses in pipeline. Tapping valves and machines shall be supported by crushed stone or concrete pads. Fill over -excavation required for installation and removal of tapping machine with crushed stone before continuing pipe laying. 3.3 INSTALLATION A. Install gate valves in compliance with AWWA C509, Appendix A. B. Install butterfly valves in compliance with AWWA C504, Appendix A. C. Tapping Sleeve and Valve. 1. Disinfect tapping sleeve, tapping valve, and tapping machine in accordance with AWWA C651 and manufacturer's recommendations. City of Fayetteville 10/22/03 Page 02641-5 p 2. Install tapping sleeve according to manufacturer's recommendations. Verify that 1 sleeve fits pie in a drip -tight manner. 3. Install tapping valve on tapping sleeve. Tapping valve shall be fully supported on crushed stone base or concrete pad so that no stresses are transmitted on the pipe being tapped. 4. Install tapping machine on tapping valve and proceed with tapping operation per manufacturer's recommendations. 5. Install thrust blocking after tapping operation is complete and before continuing pipe laying. D. Valve Box 1. Prove a valve box as specified for each valve used in a buried service application. Valve box shall be installed so as not to transmit shock or stress to the valve. Valve box shall be centered and plumb over the operating nut of valve with box cover flush with the finished surface. Valve box shall be backfilled evenly around its perimeter with select material. Backfill material shall be hand tamped so that the ground will not settle after placement of the concrete collar. 2. Construct a 24 inch square concrete collar around valve box lid. Collar shall be centered on valve box lid and shall be 6 inches thick. The top of the pad shall be flush with the top of the box and the surrounding ground or roadway surface. Place concrete to avoid splatter on valve box lid. Construct valve box collars after every item of cleanup has been completed. 1 End of Section 02641 1 U I I I I I City of Fayetteville 10/22/03 Page 02641-6 1 I ISection 02644 IFIRE HYDRANTS Part I - GENERAL 1.1 SCOPE A. This section covers fire hydrants. 1.2 RELATED WORK A. Installation of the valve isolating the fire hydrant, the valve box, concrete pad surrounding 1 top of valve box, and pipe connecting valve to fire hydrant are included in fire hydrant construction. B. Excavation and backfilling for the fire hydrant is specified in Section 02221. C. Iron pipe supplying the fire hydrant is specified in Section 02615. D. Valve used to isolate the fire hydrant is specified in Section 02641. E. Concrete is specified in Section 03316. F. Testing of fire hydrants as part of the completed water system is specified in Section ` 02675. 1.3 REFERENCES A. AWWA: C502, "Dry Barrel Fire Hydrants". 1.4 SUBMITTALS 1 A. Submit manufacturer's data and drawings. If specifically requested by Owner or Engineer, submit report of factory tests. Part 2- PRODUCTS 2.1 FIRE HYDRANTS A. Fire hydrants shall be dry barrel hydrants in conformance with AWWA C502, and shall be designed for a working pressure of 200 psig. Pressure Class 200 fire hydrants shall be three-way. Approved fire hydrants are Mueller Centurion, Catalog No. A-423, or Waterous 5-1/4 inch WB67-90. B. Hydrant shall have a 6 inch mechanical joint inlet in conformance to dimensions shown in ICity of Fayetteville 10/22/03 Page 02644-1 I ANSIIAWWA C] 10/A21.10. Three-way hydrants shall have a 5-1/4 inch valve opening. I C. Fire hydrants shall be equipped with a two-piece barrel having a breakaway flange at the ground line and shall be designed for a 42 -inch bury. Extensions shall be Mueller A-320 or equal. D. Hydrants shall be equipped with two 2-1/2 inch hose nozzles and one 4-1/2 inch 1 pentagon; National Standard operating nut designed to open counterclockwise. E. Fire hydrants shall be equipped with a safety stem coupling and flange which are intended I to fail upon vehicle impact without damage to the stem or main valve. 2.2 AGGREGATE I A. Aggregate placed to receive drainage from fire hydrant shall be crushed or washed stone , and graded as follows. 100% of weight passes 1 '/2 inch screen 50%-90% of weight passes 3/4 inch screen 25%-50% of weight passes 1/4 inch screen 10%-30% of weight passes No. 4 screen 3%-10% of weight passes No. 200 screen 2.3 PAINT I A. Fire hydrant paint shall be reflectorized paint equal to Axon 1460. 2.4 SOURCE QUALITY CONTROL A. Each assembled fire hydrant shall be tested in accordance with AWWA C502 paragraph 5.1.6. Part 3- EXECUTION 3.1 3.2 EXAMINATION I A. Prior to installation, hydrants shall be inspected for direction of opening, cleanliness of ' inlet elbow, handling damage, and cracks. INSTALLATION A. Install fire hydrants at locations indicated on the Drawings or as directed by Engineer. B. Fire hydrants shall be 6'-0" bury when hydrant tee is 24 -inch by 6 -inch or greater. Fire hydrants shall be 3'-6" bury when hydrant tee is less than 24 -inch by 6 -inch. I City of Fayetteville 10/22/03 Page 02644-2 I I C. Hydrants shall stand plumb within a tolerance of 1/8 inch horizontally in 12 inches vertically. The nozzles shall be parallel with, or at right angles to, the street with the pumper nozzle facing the curb. Hydrants shall be set to established grade with the nozzle centerline at least 18 inches above the ground. D. When hydrants arc placed beyond the curb, hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be not less than 12 inches nor more than 18 inches from the gutter face of the curb. When set in the lawn space between curb and sidewalk, or between the sidewalk and the property line, no portion of hydrant or nozzle cap shall be within 6 inches of the sidewalk. In the case of relocation of water lines along a future ' roadway alignment, in a cut or fill area, the hydrant shall be placed as directed by Engineer. E. Each hydrant shall be connected to the main with a 6 -inch ductile -iron pipe branch and an independent 6 -inch gate valve. The 6 -inch branch of the main line fittings shall be equipped with retaining lip and swivel gland for positive restraint without tie rods. ' F. Wherever a hydrant is set in soil that is not pervious, drainage shall be provided at the base of the hydrant by placing aggregate from the top of the concrete reaction blocking to ' at least 6 inches above the waste opening in the hydrant, and to a distance of 1 foot around the elbow. No drainage system shall be connected to a sewer. ' G. Bowl of each hydrant shall be braced against unexcavated earth at the end of the trench with concrete reaction blocking as indicated on the Drawings. In no case shall the concrete blocking block or impede flow from fire hydrant drain ports. Fire hydrant, fittings, and pipe shall be wrapped with visqueen to prevent bonding to the concrete. ' H. The fire hydrant shall be painted after installation. 3.3 FIELD QUALITY CONTROL A. Operate hydrant valve and nozzles after installation but before system testing through two complete opening and closing cycles. 1 B. Each hydrant shall be tested in place as part of the water system test, as specified in Section 02675. Fire hydrants shall be tested in accordance with AWWA C502, latest ' revision. IEnd of Section 02644 I I City of Fayetteville 10/22/03 Page 02644-3 I ' Section 02675 WATER SYSTEM - MAINTENANCE OF SERVICE AND DISINFECTION Part 1- GENERAL 1.1 SCOPE ' A. This Section covers the actions necessary to maintain the existing and expanded system. Interruption to the existing system's quality and pressure must be kept at a minimum. 1.2 RELATED WORK IA. Iron pipe and fittings are specified in Section 02615. ' B. Plastic pipe and fittings are specified in Section 02622. IC. Valves are specified in Section 02641. D. Fire Hydrants are specified in Section 02644. E. Potable Water Services are specified in Section 02666. • 1.3 REFERENCES A. AWWA I1. C600, "Installation of Ductile -Iron Water mains and Their Appurtenances" 2. C651, "Disinfecting Water Mains" IPart 2 -PRODUCTS 1 2.1 WATER A. Water for flushing and testing water lines will be furnished by Owner at no cost to Contractor. Part 3 - EXECUTION 3.1 GENERAL A. This section outlines the testing of pipe materials, joints, and/or other materials incorporated into the construction of water mains to determine leakage and watertightness. Pressure pipelines shall be tested in accordance with Section 4 of AWWA C600 and as specified herein. ICity of Fayetteville 10/22/03 Page 02675-1 Li 3.2 MAINTENANCE OF SERVICE A. Schedule and execute construction to minimize service interruption. Whenever it is necessary for water service to be interrupted for any period of time, provide 5 days notice to affected businesses and 24 hour notice to affected residences before interrupting service. 3.3 FLUSHING A. The Contractor shall fill and flush the newly constructed lines and visually check all , combination air release and vacuum valves, blow -off valve assemblies, line valves, and fire hydrants to assure proper operation. B. Reasonable amounts of water for flushing, testing and disinfecting water lines will be supplied , by the City. The work shall be coordinated to ensure that it will not be carried on during periods of high water usage. Water valves or other appurtenances on the existing water system, new tapping valves, or valves or appurtenances that have been accepted by the City, shall only be operated by, or under the direct personal supervision of, the City of Fayetteville Water & Sewer Maintenance Division. Specific permission shall be obtained from the City Water & Sewer Maintenance Superintendent for any other persons to operate City valves or appurtenances. C. The Engineer of Record shall develop a flushing plan to ensure that all lines are properly flushed. The plan should specify the sequence in which valves and hydrants are to be opened and the duration thereof, ensuring complete flushing and protecting the City's water system from construction contaminated water. The volume to be flushed shall be no less than three but no more than five times the volume of the main to be flushed, and shall be metered through a fire hydrant meter. The flow shall be such that a flushing velocity of not less than 2.5 feet I per second and preferably 3.5 feet per second or greater is attained. 3.4 TESTING I A. Hydrostatic Testing I 1. All pipe shall be tested as set out in AWWA C600, latest revision. Tests will be conducted only after the line is completed (or any valved section), including all taps and meter settings as required and the backfill completed. These tests shall be performed by the Contractor in the presence of the City Inspectors and the Engineer of Record. The Contractor shall furnish all necessary pressure gauges, meters and pumps, and make all taps and connections. 2. Each valved section of pipe shall be slowly filled with water and the specified test pressure shall be applied by means of a pump connected to the pipe in a manner satisfactory to Engineer. Before applying the test pressure, all air shall be expelled from the pipe by permanent taps or corporation cocks where necessary. I 3. Test pressure shall be either 150 percent of the static pressure or 200 psi, whichever is greater. Contractor shall provide all pumps or other equipment necessary to maintain the test pressure within ±5 psi at the test point for a period of two hours. Fire hydrant valves shall be open during the pressure test. City of Fayetteville 10/22/03 Page 02675-2 U ' B. Leakage I. The leakage test shall be conducted concurrently with the pressure test. Leakage is defined as the quantity of water that must be supplied into the newly laid pipeline, or any valved section thereof, to maintain pressure within ±5 psi of the above specified test pressure after 'the air in the pipeline has been expelled and the pipeline has been filled with water. 1 2. The leakage for water pipe shall be within the limits set out in AWWA C600, latest revision. No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the formula: L= SD -if ' 133,200 L = allowable leakage (gallons per hour) S = length of pipe tested (feet) D = nominal diameter of pipe (inches) Up = average test pressure (psig) 3. Should any test of pipe laid disclose leakage greater than that specified, the leak(s) shall be located and repaired, and the line shall be re -tested. All visible leaks shall be repaired 'regardless of the amount of leakage. Contractor shall make all repairs and re -tests without additional cost to the City. I. 4. A minimum of 10 percent of meter tails shall be tested for leakage as deemed appropriate by the City Inspector or Engineer of Record. The test shall be conducted by the Contractor ' in the presence of the City Inspectors and the Engineer of Record prior to final inspection. The procedure for the test shall be as follows: ' a. Select the meter tails to be tested b. Install a ball valve at the end of the meter tail c. Install a jumper in the meter yoke Id. Open the meter yoke valve e. Visually inspect for leaks f. Close the meter yoke valve ' g. Remove the jumper from the meter yoke h. Remove the ball valve from the end of the meter tail 5. Wll-leaks shall a located and repa-1red, atzd _ e tes a If leaks are found, the City Inspector, City Engineer or Engineer of Record may require the Contractor to test an additional number of meter tails without additional cost to the City. 3.5 DISINFECTION A. After successful pressure testing, the lines shall be flushed with a velocity equal to or greater than 2.5 feet per second. The line shall then be disinfected in accordance with AWWA C65 1, latest revision, for "Disinfecting Water Mains," continuous feed method, except that the City of Fayetteville 10/22/03 Page 02675-3 placing of hypochlorite granules into the main during construction will not be permitted. B. Bacteriological samples shall be taken by City personnel only. Samples shall be taken on two consecutive days and shall be taken only on Monday, Tuesday, or Wednesday. Before a line is placed in service, two consecutive sets of samples which are not collected on the same day and are taken no more than 14 days apart must show that the water is bacteriologically safe for drinking purposes. i C. The contractor shall take great care when flushing the line to assure proper drainage is available to prevent harm at any adjacent downstream location. The disinfecting water shall be diluted or otherwise have the chlorine concentration diluted in a manner approved by Engineer. The cost of the chemicals shall be borne by Contractor. D. Disposal of the disinfecting water shall be in a manner that will protect the public and the receiving waters from harmful concentrations of chlorine. Such disposal shall be in accordance with all applicable EPA and ADEQ regulations. ' E. After disinfection is complete, the Contractor shall then flush the disinfecting solution from the lines, and the treated water lines will then be placed into service. F. Water lines that dead end shall have a blow -off assembly located on the last joint of pipe as shown on the water line detail sheet. The last joint shall be blocked. Valves on dead end lines shall be placed on the next to last joint if possible and shall be restrained 3.5 CONNECTION TO EXISTING WATER LINES I A. Connections to existing water lines to remain in service shall be made as hot taps. , B. Make valved connections to existing water lines prior to disinfection and testing. C. Disconnect existing water lines at points indicated on plans when notified by Engineer. Notification will occur after new water lines are approved. I End of Section 02675 I. C I I City of Fayetteville 10/22/03 Page 02675-4 1 is Section 62720 STORM SEWER SYSTEM Part I - GENERAL 1.1 SECTION INCLUDES iA. Storm sewer drainage piping, fittings, accessories,. and bedding.. B. Storm water drainage structures, including curb inlets and junction boxes. C. Filter fabric. D. Perforated Plastic Drain Pipe. 1.2 PRODUCTS FURNISHED BUT NOT INSTALLED UNDER THIS SECTION ' A. Storm Sewer Piping. Iii RELATED SECTIONS A. Measurement and payment provisions are specified in Section 01025. ' B. General quality control provisions and the division of responsibility for laboratory testing services are specified in Section 01410. ' C. Excavation safety is specified in Section 02161. D. Restoration of disturbed areas is specified in Section 02261. E. Pipe installation is specified in Section 02600. 1.4 UNIT PRICES A. Unit prices for work covered under this section are defined in Section 01025, including incidentals, related work, method of measurement, and, partial payment provisions, if any. 1.5 REFERENCES A. American Association of State Highway and Transportation Officials (AASHTO) 1. M 36, "Metallic (Zinc or Aluminum) Coated Corrugated Steel Culverts and Underdrains". ' 2. M 198, "Joints for Circular Concrete Sewer and Culvert Pipe Using Flexible Watertight Gaskets". B. American Society for Testing and Materials (ASTM) 1. A 48, "Standard Specification for Gray Iron Castings". 2. C 76, "Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe". 3. C 443, "Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets". ICityof Fayetteville 09/20/02 Page 02720-1 I 1.6 SUBMITTALS A. Product Data: Provide data on pipe materials, pipe fittings, and accessories. E1 I 1.7 QUALITY ASSURANCE _ A. Materials furnished shall be manufactured by a manufacturer regularly engaged in providing storm water drainage piping and appurtenances complying with the specified standards. 1.8 DELIVERY, STORAGE, AND HANDLING I A. Pipe sections shall be received at site and immediately inspected for damage and defects, and, if grading work is essentially complete, shall be distributed in the approximate locations where they will be installed. If grading work is not complete, handle and store in such a way to minimize damage. Part 2- PRODUCTS 2.1 STORM SEWER PIPE MATERIALS I A. Reinforced Concrete Pipe: Comply with requirements of ASTM C 76, Class III, unless another class is , indicated on the Drawings. Joints shall be bitumen type, such as "Ram-Nek", or equal. B. Corrugated Steel Pipe: Galvanized with bituminous coating or aluminized complying with AASHTO M 36, Type I, 16 gage unless another gage is indicated on the Drawings. Joints to be any of the types specified in AASHTO M 36. This pipe material is to be used only where indicated on the Drawings. 2.2 ACCESSORIES I A. Flared End Sections: Manufactured of reinforced concrete, to similar strength and dimensions as for pipe supplied in accordance with ASTM C 76, for Class III pipe. Joints to be as required for reinforced concrete pipe. 2.3 METAL CASTINGS I A. Manhole Lids and Frames: Cast iron, conforming to ASTM A 48, Class 30A. Bearing surfaces between rings and covers or frames shall be cast or machined with such precision that uniform bearing shall be provided throughout the perimeter of the contact area. Paint with a rust inhibitive paint after installation. 2.4 PERFORATED PLASTIC DRAIN PIPE ' A. The four inch diameter perforated plastic drain pipe shall be corrugated polyethylene tubing, heavy duty ' type, conforming to AASHTO M 252. Minimum pipe stiffness shall be 30 psi at 10 percent deflection. Sizes are indicated on the Drawings. Pipe shall be perforated to allow water that would collect in the trench to enter the drain pipe and flow to the nearest drainage structure. Perforation shall be slits, not holes. Locations of these pipes may be determined by Engineer based on field conditions or shown on the construction plans or within the bid items. The Combination Storm Sewer and Trench Drain Detail, for paved or non -paved areas, and the Under drain (Trench Drain) detail indicate on the Drawings the pipe and associated construction. I City of Fayetteville 09/20/02 Page 02720-2 ' I I 2.5 FILTER FABRIC I I I I II I I I I I I I I A. The filter fabric shall be a nonwoven geotextile meeting the requirements of AASHTO M 288. This fabric shall comply with the requirements of Type I for Subsurface Drainage, Class A. Such fabric shall have a permeability of 0.34 cm/secor greater. 2.5 SOURCE QUALITY CONTROL A. Manufacturing plant shall have a standing quality control program in place. B. Factory testing of the specific units to be supplied for this project is not required, except as they maybe tested as part of standing quality control policy. Engineer may require testing of specific units to be supplied for this project if there evidence that the units supplied do not conform with the specified standards. Part 3- EXECUTION 3.1 STORM SEWER PIPING A. Install storm sewer piping as described in Section 02600. 3.2 FILTER FABRIC A. When required ( for under drain detail and the rctaining wall detail), the filter fabric shall be installed as shown on the Drawings. Care shall be taken during the placement of the granular filter material operation, as well as pipe installation, to prevent damage to the fabric. The granular filter material shall be compacted by the use of a vibratory compactor to the satisfaction of the Engineer before making the filter fabric closure at the top of the trench. 3.3 PERFORATED PLASTIC DRAIN PIPE A. Provide perforated plastic drain pipe within pipe trench to assure proper drainage of embedment material. The location of plastic drain pipe shall be called out on the Drawings on the Combination Storm Sewer and Trench Drain detail or as under drain installation with filter fabric. The retaining wall detail indicates plastic drain pipe and shall be provided in accordance with these Specifications. B. Upstream end of drain pipe shall be fitted with a cap to prevent embedment material or soil material from entering. The downstream end shall terminate into a drainage structure. The pipe shall be installed in such a manner that continuous outflow is provided during construction. Drain pipe shall be installed according to the details indicated on the Drawings. Only granular material such as concrete rock or other similar material approved by the Engineer, having good drainage characteristics, shall be used in trenches where plastic drainage pipe is used. End of Section 02720 I City of Fayetteville 09/20/02 Page 02720-3 Li ' Section 02840 SIGNAGE Part 1 —GENERAL 1.1 SECTION INCLUDES A. Furnishing and installing signs of all types required, complete with bases, posts, and fastening hardware. 1.2 RELATED SECTIONS ' A. Provisions for measurement and payment arc specified in Section 01025. B. Concrete is specified in Section 03316. 13 UNIT PRICES A. Unit prices for work covered under this section are defined in Section 01025, including incidental items, related work, method of measurement, and partial payment provisions, if any. ' 1.4 REFERENCES IA. Manual of Uniform Traffic Control Devices (MUTCD). B. American Society for Testing and Materials (ASTM). 1. B 209, "Specification for Aluminum and Aluminum -Alloy Sheet and Plate". 2. B 221, "Specification for Aluminum and Aluminum -Alloy Extruded bars, Rods, Wire, Shapes, and Tubes". ' C. Arkansas Highway and Transportation Department (AHTD) "Standard Specifications for Highway Construction", 1993 Edition, referencing the following specific sections. 1. Section 723, "General Requirements for Signs". ' 2. Section 725, "Guide Sign". 3. Section 726, "Standard Sign". 4. Section 729, "Channel Post Sign Support". 1.5I. SUBMITTALS A. Submit shop drawings showing arrangements and spacing of letters, symbols, and borders for each type of sigh; support to be used with each different type of sign; and proposed method of attaching sings to supports. iB. Certified test reports covering sign panels, reflective sheeting, and prismatic reflectors will be required only if Engineer believes signs delivered to the site or installed do not conform to the specified requirements. 1.6 QUALITY ASSURANCE ' A. Signage materials shall be manufactured by a manufacturer regularly engaged in producing signage materials complying with the specified standards. City of Fayetteville 09/20/02 Page 02840-1 I B. Installation of signs shall be accomplished with workers experienced in construction of the type of ' signage specified. Part2 - PRODUCTS 2.1 MATERIALS I A. Signs shall meet the requirements of the MUTCD, Standard Highway Signs. 1 B. Colors for signs shall match colors specified in the MUTCD. Color and size of letters, symbols, borders, and background on signs shall be as specified in the MUTCD. C. Signs shall be made of aluminum and shall be reflectorized. D. Standard signs shall be fabricated without stiffeners on the back, of aluminum alloy conforming to ASTM B 209, Alloy 5052 H38, and shall consist of a single sheet of aluminum. Sign blank thickness shall be 0.100 inch for signs 5 square feet or less; and 0.125 inch for a sign size greater than 5 square feet. Sign blanks shall be flat and straight and within commercial tolerances established by the aluminum industry. E. Fabricate signs from either one piece extruded aluminum panels or extruded and welded panels. One I piece extruded aluminum panels shall be fabricated of aluminum alloy conforming to ASTM B 221, Alloy 6063 T6. Extruded and welded aluminum panels shall be fabricated of sections of extruded aluminum alloy stiffeners conforming to ASTM B 221, Alloy 6063 T6 welded to flat sheet aluminum alloy conforming to ASTM B 209, Alloy 3003 H18. Welds shall be spot welds approximately 9 inches apart. F. One piece extruded aluminum panels shall be a minimum of 12 inches wide, except one 6 inch panel may be used per sign face when necessary to construct sign as indicated on the Drawings. G. Extruded and welded sign panel sections shall be either 2 feet of 3 feet in width. Exceptions to this are defined in AHTD Section 723.02. H. Panels to which reflective sheeting is to be applied shall be degreased, etched, and alodized. Degreasing , shall be done by either vapor method or alkaline method. Vapor degreasing shall be accomplished by total immersion of sign panels in a saturated vapor oftrichloroethylene orperchloroethylene. Alkaline degreasing shall be accomplished by immersion of the sign panels in a tank containing alkaline solutions, controlled and titrated to the solution manufacturer's recommendations. Immersion time shall depend upon amount of soil present and the gage of the metal. Trade mark printing shall be removed ' with lacquer thinner or by a controlled alkaline cleaning system. I. Etching shall be done by the acid method, in accordance with the requirements of AHTD Section , 723.02. J. Sign panels shall be treated by alodizing process to uniformly provide a chemically formed light and tight amorphous coating that becomes an integral part of the aluminum alloy. This process shall be accomplished in accordance with the recommendation of the manufacturer of the coating. K. Fabrication, including cutting and punching of holes shall be completed prior to degreasing, etching, alodizing, and the application of reflective sheeting. City of Fayetteville 09/20/02 Page 02840-2 I I. L. Panels shall be free of buckles, warp, dents, cockles, burrs, and defects resulting from fabrication. Surface of panels shall be flat. I J1c4. Reflective sheeting shall conform to AHTD Section 723.02. N. Legend, which includes letters, numerals, symbols, arrows, and border, shall conform to AHTD Section I. 723.02. O. Post sign supports shall be made of a U -section channel or galvanized steel pipe and support as indicated on the Drawings. Part 3- EXECUTION 3.1 EXAMINATION ' A. Examine sign materials upon receipt at the site. Remove damaged sign materials. 3.2 ERECTION A. Erect signs at the locations indicated on the Drawings. B. Erect signs plumb and to the indicated vertical and horizontal dimensions and clearances. C. Minimum horizontal clearance to any ground mounted sign shall be as specified in the MUTCD. ` D. Erect signs so that sign face is vertical and at 93 degrees away from center of the lane which the sign serves and away from the direction of travel. Where lanes divide and on curves, orient sign faces so as Ito be most effective both day and night, and to avoid possibility of specular reflection. E. Field drill holes in sign support structure only when specified in the Drawings or as directed by. ' Engineer. 3.3 ADJUSTING A. After signs have been installed, Engineer will inspect signs at night. If specular reflection is apparent on any sign, adjust sign position to eliminate this condition. ' 3.4 CLEANING A. Clean installed signs of any construction dirt or dust. I I End of Section 02840 ICity of Fayetteville 09/20/02 Page 02840-3 I Section 02900 I I I I I I I I LANDSCAPING PART 1- GENERAL 1.1 SECTION INCLUDES A. Furnish and install all materials and perform all landscaping work in accordance with the Specifications, Drawings, and any instructions provided. All work completed and materials furnished and installed shall be of the best quality and shall be in strict accordance with the intention of the Drawings, Specifications and samples. B. In addition to other standard provisions, also provide the following. I. Maintenance necessary during Establishment Period. 2. Replacement in kind, or with a substitute acceptable to Engineer, of all plant materials not in a healthy growing condition or that has died back to the crown or beyond normal pruning limits. 3. Repair or replace any damage caused by construction; dispose of all rubbish and excess soil. 1.2 RELATED SECTIONS A. Section 02100- Site Preparation B. Section 02161 - Excavation Safety C. Section 02220 - Excavation and Embankment 13 REFERENCES A. American Association of Nurserymen, Inc.: American Standard for Nursery Stock 1.4 SUBMITTALS ' A. If requested, provide samples of landscaping materials to Engineer for approval. B. Submit certification tags from trees, shrubs and seed verifying type and purity. I Cl I I I I 1.5 QUALITY ASSURANCE A. Plants shall be measured when branches are in their normal position. B. Shrubs shall meet the requirements for spread, height or container size indicated in the Plant List on the Drawings. The measurements are to be taken from the ground level to the average height of the shrub and not to the longest branch. Height and spread dimensions specified refer to the main body of the trees (measured from the crown of the roots to the tip of the top branch) shall be not less than 24 inches or as required by city ordinance. C. Caliper measurements shall be taken at a point on the trunk 6 inches above natural ground line for trees up to 4 inches in caliper, and at a point 12 inches above the natural ground line for trees exceeding 4 inches in caliper. D. If a range of size is given, no plant shall be less than the minimum size, and not less than 50 percent of the plants shall be as large as the upper half of the range specified. E. Measurements specified are the minimum size acceptable and, where pruning is required, are the measurements after pruning. I r:». « .._» . ,,e Ognnm7 Page 02900-1 1.6 DELIVERY, STORAGE, AND HANDLING A. Notify Engineer at least 48 hours in advance of the anticipated delivery date of any plant materials. - Furnish a legible copy of the invoice, showing kinds and sizes of materials included for each shipment, to Engineer. B. Plants transported to the project in open vehicles shall be covered with tarpaulins or other suitable covers securely fastened to the body of the vehicle to prevent injury to the plants. Closed vehicles shall be adequately ventilated to prevent overheating of the plants. 1.7 GUARANTEE - , A. The condition of all new plant materials is the responsibility of Contractor and shall be approved by Engineer. B. Until final approval, replace plant materials if necessary at no additional expense of Owner. 1.8 MAINTENANCE OPERATIONS BEFORE APPROVAL A. Plant care shall begin immediately after each plant is satisfactorily installed and shall continue throughout the life of the contract until final acceptance of the project. B. Care shall include, but not be limited to, replacing mulch that has been displaced by erosion or other , means, repairing and reshaping water rings or saucers, maintaining stakes and guys as originally installed, watering when needed or directed, and performing any other work required to keep the plants in a healthy condition. C. Remove and replace dead, defective and/or rejected plants as required before final acceptance. D. Restore grassed areas damaged during the process of the work to a condition satisfactory to Engineer. This may include filling to grade, fertilizing, seeding and mulching. PART 2 -MATERIALS 2.1 PLANTS A. The types and sizes of plants to be furnished are indicated in the Planting List on the Drawings. B. Plant shall conform with requirements of the American Standard for Nursery Stock adopted by the American Association of Nurserymen, Inc., and with the following additional requirements. C. Unless specifically noted otherwise, plants shall be of selected specimen quality, exceptionally heavy, symmetrical, tightly knit, so trained or favored in development and appearance as to be superior in form, number of branches, compactness and symmetry. Plants shall have a normal habit or sound, healthy, vigorous plants with well developed root system. D. Plants shall be free of disease, insect pests, eggs or larvae. 1 E. Plants shall not be pruned before delivery. F. Trees with abrasion of the bark, sun scalds, disfiguring knots or fresh cuts of limbs over 1-1/4 inches which have not completely calloused shall be rejected. G. Plants shall be typical of their species or variety and shall have a normal habit of growth and be ' legibly tagged with the proper name. Plants shall have been grown under climatic conditions similar to those in the locality of the site of the project under construction or have been acclimated to such condition for at least 2 years. H. The root system of each shall be well provided with fibrous roots. All parts shall be sound, healthy, , vigorous, well -branched and densely foliated when in leaf. City of Fayetteville 09/20/02 Page 02900-2 Li I I I I I I I I I I I I I. Plants designated ball and burlap (B&B) must be moved with the root systems as solid units with balls of earth firmly wrapped with burlap. The diameter and depth of the balls of earth must be sufficient to encompass the fibrous root feeding systems necessary for the healthy development of the plant. No plant shall be accepted when the ball of earth surrounding its roots has been badly cracked or broken preparatory to or during the process of planting. The balls shall remain intact during all operations. Plants that cannot be planted at once must be heeled -in by setting in the ground and covering the balls with soil or mulch and then watering. Hemp burlap and twine is preferable to treated. If treated burlap is used, all twine is to be cut from around trunk and all burlap is to be removed. J. The trunk of each tree shall be a single trunk growing from a single unmutilated crown of roots. No part of the trunk shall be conspicuously crooked as compared with normal trees of the same variety. K. Thickness of each shrub shall correspond to the trade classification "No. t". Single stemmed of thin plants will not be accepted. The side branches must be generous, well -twigged, and the plant as a whole well -branched to the ground. The plants must be in moist condition, free from dead wood, bruises or other root or branch injuries. 2.2 LOAM OR TOPSOIL 1 23 I I I I A. Place topsoil in areas indicated on the drawings or as specified herein. B. Exterior ground within the limits of construction, except surfaces occupied by buildings and structures, paving, and except areas indicated to be undisturbed, shall be topsoiled. C. Place no topsoil until subgrade has been approved. Before placing topsoil, rake subsoil surface clear of stones, debris, and roots. Compact topsoil to form a layer with minimum depth of 4 inches in lawn areas and 12 inches in shrub beds. Topsoil shall be placed so that after final settlement there will be good drainage and conforming to elevations indicated on the Drawings. Maintain surfaces and place any additional topsoil necessary to replace that eroded before acceptance. D. Disk, drag, harrow or hand rake subgrade to a depth of 3 inches to provide bond for topsoil. Topsoil which must be transported across finished walks shall be delivered in such a manner that no damage will be done to the walks. Repair of such damage. E. Topsoil: natural, friable, fertile, fine loamy soil possessing the characteristics of representative topsoils in the vicinity which produces a heavy growth; free from subsoil, objectionable weeds, litter, sods, stiff clay, stones larger than 1 inch in diameter, stumps, roots, trash, toxic substances, or any other material which may be harmful to plant growth or hinder planting operations. Verify amount stockpiled and supply any additional as needed. FERTILIZER A. Fertilizer shall be delivered to the site, mixed as specified, in the original unopened standard size bags showing weight, analysis and name of manufacturer. Containers shall bear the manufacturer's guaranteed statement of analysis or a manufacturer's certificate of compliance covering analysis shall be furnished to Engineer. Store fertilizer in a weatherproof place and in such a manner that it shall be kept dry and its effectiveness shall not be impaired. B. Percentages of nitrogen, phosphorus and potash shall be based on laboratory test recommendations as approved by Engineer. For the purpose of bidding, assume 10 percent nitrogen, 6 percent phosphorus and 4 percent potash by weight. At least 50 percent of the total nitrogen shall contain no less than 3 percent water -insoluble nitrogen. At least 60 percent of the nitrogen content shall be derived from super -phosphate containing not less than 18 percent phosphoric acid or bone meal containing 25 to 30 percent phosphoric acid and 2 to 3 percent nitrogen. Potash shall be derived from muriate of potash containing 55 to 60 percent potash. I r:.., ..f Fn..nNn.nnn 09/20/02 Page 02900-3 I 2.4 SHREDDED HARDWOOD BARK MULCH J ' A. Shredded hardwood bark mulch or approved equal shall be used as a 4 inch top dressing in plant beds and around trees planted in this project. Single trees or shrubs shall be mulched to the outside edge of the saucer. Mulch shall be of sufficient character as not to be easily displaced by wind or water runoff. 2.5 STAKING MATERIAL A. Stakes shall be 2" x 3" x 8' pressure treated wood. Three stakes per tree. , B. Wire tree staking shall be pliable No. 12 galvanized soft steel wire. C. Hose shall be two-ply fiber -bearing rubber garden hose, not less than 2 inch inside diameter, black or green, and of suitable length. ' 2.6 WATER A. Water shall be free of any substances that might be harmful to plants. It is not necessary to use potable water; however, if non -potable water is used, take precautions to avoid human consumption. 2.7 LAWN SEED , A. Lawn seed mixture shall be fresh, clean new crop seed. Furnish to Engineer the supplier's guaranteed statement of the composition of the mixture and the percentage of purity and germination of each variety. Seed mixture shall be as indicated on the Drawings. 2.8 WEED MAT A. Weed mat shall be "Dewitt Weed Barrier" or equal. Weed mat shall be placed under all planting , areas not to be seeded, or as indicated on the Drawings. The mat shall be covered with mulch and secured in place by soil anchors. 2.9 EROSION CONTROL BLANKET/FABRIC NETTING A. Furnishand install where indicated on drawings "Curlex" blankets: by American Excelsior Company; "Polyjute" Style 465 GT: by Synthetic Industries or equal. B. The area to be covered shall be properly prepared, fertilized, and seeded before blanket is applied. , When blanket is unrolled, the netting shall be on top and the fibers in contact with the soil over the entire area. In ditches the blanket shall be applied in the direction of the flow of water, butted snugly at ends and side and stapled. On slopes, the blankets shall be applied either horizontally or vertically to the slope. Ends and sides shall be butted snugly and stapled. Staple to manufacturer's recommendations. 2.10 MISCELLANEOUS LANDSCAPING PRODUCTS ' A. Provide other landscaping products referred to on the Drawings. Such products shall be new and of good quality for the purpose intended. PART 3 -PLANTING PROCEDURES , 3.1 WEATHER CONDITIONS A. Work must be carried out only during weather conditions favorable to landscape construction and to the health and welfare of plants. City of Fayetteville 09/20/02 Page 02900-4 3.2 PROTECTION OF EXISTING PLANTS A. Before commencing work, trees and shrubs which are to be saved must be protected from damage by the placement of fencing flagged for visibility or some other suitable protective procedure approved by Engineer. No work may begin until this requirement is fulfilled. B. In order to avoid damage to roots, bark or lower branches, no truck or other equipment shall be driven or parked within the drip line of any tree, unless the tree overspreads a paved way. ' C. Use precautionary measures when performing work around trees, walks, pavements, utilities. D. Adjust depth of earthwork and loaming when working immediately adjacent to any of the aforementioned features in order to prevent disturbing tree roots, undermining walks and pavements, and damage in general to any existing or newly incorporated item. E. Evidence of inadequate protection following digging, carelessness while in transit, or improper ' handling or storage shall be cause for rejection. All plants shall be kept moist, fresh, and protected. Such protection shall encompass the entire period during which the plants are in transit, being handled, or are in temporary storage. IF. Where excavating, fill, or grading is required within the branch spread of trees that are to remain, the work shall be performed as follows. II. Trenching: When trenching occurs around trees to remain, the tree roots shall not be cut but the trench shall be tunneled under or around the roots by careful hand digging and without injury to the roots. 2. Raising Grades: When the existing grade at tree is below the new finished grade, and fill not exceeding 16 inches is required, clean, washed gravel graded from I to 2 inches in size shall be placed directly around the tree trunk. The gravel shall extend out from trunk on all sides a ' minimum of 18 inches and finish approximately 2 inches above the finished grade at tree. Install gravel before any earth fill is placed. New earth fill shall not be left in contact with the trunks of any trees requiring fill. Where fill exceeding 16 inches is required, a dry laid tree well shall be ' constructed around the trunk of the tree. The tree well shall extend out from the trunk on all sides a minimum of 3 feet and to 3 inches above finish grade. Coarse grade rock shall be placed directly around the tree well extending out to the drip line of the tree. Clean, washed gravel ' graded from I to 2 inches in size shall be placed directly over the coarse rock to a depth of 3 inches. Approved backfill material shall be placed directly over the washed gravel to desired finished grade. 3. Lowering Grades: Existing trees in areas where the new finished grade is to be lowered shall have regrading work done by hand to elevation as indicated. Roots as required shall be cut cleanly 3 inches below finished grade and scars covered with tree paint. ' 4. Trees marked for preservation that are located more than 6 inches above proposed grades shall stand on broad rounded mounds and be graded smoothly into the lower level. Trees located more than 16 inches above proposed grades shall have a dry laid stone wall, or other retaining structure as detailed on the plans, constructed a minimum of 5 feet from the trunk. Exposed or broken roots shall be cut clean and covered with topsoil. 3.3 PLANTING COORDLNATION ' A. Inform Engineer of the date when the planting shall commence and of the anticipated delivery date of the material. ' B. Failure to notify Engineer in advance of order to arrange proper scheduling may result in loss of time or rejection of a plant or plants not installed as specified or directed. I r;r.. of P ivrtteville 09/20/02 Page 02900-5 3.4 DIGGING AND HANDLING A. Bare rooted shrubs shall be dug with adequate fibrous roots. Roots of these plants shall be covered with a uniformly thick coating of mud by being puddled immediately after they are dug, or packed in moist straw, or moss. . B. Balled and burlapped plants shall be dug with firm natural balls of earth of sufficient diameter and depth to include most of the fibrous roots. C. Roots or balls of all plants shall be adequately protected at all times from the sun and from drying winds. D. All balled and burlapped plants which cannot be planted immediately upon delivery shall be set on the ground and shall be well protected with soil, wet moss or other acceptable material. Bare rooted plants which cannot be planted immediately shall be heeled -in upon delivery. All shall be kept moist. E. Bundles of plants shall be opened and the plants separated before the roots are covered. Care shall be taken to prevent air pockets among the roots.. During planting operations, bare roots shall be covered with canvas, hay or other suitable material. No plant shall be bound with wire or rope at any time so as to damage the bark or break the branches. 3.5 FERTILIZING A. Grass or sodded areas shall have fertilizer applied in two applications with a thorough watering immediately following application. The first application shall be one week before the seeding at the rate of 35 pounds per 1,000 square feet harrowed, into the top 2 inches of seed bed. The second application shall be done at the rate of 25 pounds per 1,000 square feet, immediately following the second mowing. 3.6 TREES AND SHRUB PLANTING OPERATIONS A. Planting operations shall be performed at a steady rate of work unless weather conditions make it impossible to work. No plant material shall be planted in frozen ground. B. Provide sufficient tools and equipment required to carry out the planting operation. C. Plants too large for two men to lift in and out of holes shall be placed with a sling. Do not rock trees in holes to raise. D. Soil mix for plant holes is specified in Paragraph 2.2. E. If rock or other underground obstruction is encountered, Engineer may require plant pits to be relocated, the pits enlarged or the plants deleted from the Work. F. Locations containing unsuitable subsoil shall be treated in one of the following manners. 1. Where unsuitability within the construction site is deemed by Engineer to be due to excessive compaction caused by heavy equipment or by the presence of boards, mortar, concrete or other construction materials in sub -grade, and where the natural subsoil is other than AASHTO classification of A6 or 7, loosen such areas with spikes, dicing, or other means to loosen the soil to a condition suitable for planting. Remove all debris and objectionable material. Soil should be loosened to a minimal depth of 12 inches with additional loosening as required to obtain adequate drainage. Introduce peat moss, sand, or organic matter into the subsoil to obtain adequate drainage if desired. Such remedial measures shall be considered as incidental to the work and no extra payment shall be made for this part of the work. 2. Where sub -grade is deemed by Engineer to be unsuitable because the natural subsoil falls into an AASHTO classification of A6 or 7 and contains moisture in excess of 30 percent, then such a condition shall be rendered suitable by installation of a sub -drainage system or by other means described elsewhere in these specifications. Where such conditions have not been known or revealed prior to planting time and where they have not been recognized in the preparation of I C1 I I I I I I I I I I I I I I City of Fayetteville 09/20/02 Page 02900-6 I I IG I I H. 1 1. I Contract Document, then Engineer shall issue a change order to install the proper remedial measures. Adjustments in locations and outlines shall be made as directed. In the event that pits or areas for planting arc prepared and backfilled with topsoil to grade prior to commencement of lawn operations, they shall be so marked that when the work of planting proceeds, they can be readily located. In case underground obstructions such as ledges or utilities are encountered, location shall be changed under the direction of Engineer without charge. Holes for trees shall be at least 2 feet greater in diameter than the spread of the root system and as deep as the root ball. Holes for shrubs and vines shall be at least 12 inches greater in diameter than the spread of the root system and at least as deep as the root ball. To the topsoil in the backfilling of tree holes and shrub beds, there shall be added as the progress of the work permits, manure as herein specified, ground limestone if soil tests indicate it is needed, and commercial fertilizer at the rate of 3 pounds for tree up to 3 inches in caliper, 1 pound per 1 inch in caliper for larger trees, 6 ounces for small shrubs and 8 ounces for each shrub 4 feet or greater. Ground limestone and manure shall be omitted in the case of acid soil plants. The manure, limestone and fertilizer shall be thoroughly mixed with the topsoil in the planting operation, care being taken that the manure does not come in immediate contact with the roots. J. Plants shall be planted in the center of the holes and at the same depth as they previously grew. Loam ' shall be backfilled in layers of not more than 8 inches and each layer watered sufficiently to settle before the next layer is put in place. Loam shall be tamped under edges of balled plants. Enough topsoil shall be used to bring the surfaces to finish grade when settled. 1. A saucer shall be provided around each plant as shown on the Drawings. 2. Plants shall be soaked with water twice within the first 24 hours of time of planting. Water shall be applied with low pressure so as to soak in thoroughly without dislodging the topsoil. 3. Approved weed mat shall be placed under all areas to be covered with mulch. Secure weed mat in place with a soil anchor, then cover with mulch. ' 4. A 3 inch layer (after settlement) of mulch or approved equal shall be applied directly on top of weed mat to the entire area of each saucer or planting bed. ' 3.7 PLANT BED EXCAVATIONS A. Excavate tree pits and plant beds to the depth indicated on the Drawings. 3.8 MAINTENANCE DURING CONSTRUCTION A. Maintenance shall begin immediately after planting. Plants shall be watered, mulched, weeded, premed, sprayed, fertilized, cultivated, and otherwise maintained and protected until provisional ' acceptance. Settled plants shall be reset to proper grade and position, planting saucer restored and dead material removed. Stakes and wires shall be tightened and repaired. Defective work shall be corrected as soon as possible after it becomes apparent and weather and season permit. ' B. If a substantial number of plants are sickly or dead at the time of inspection, acceptance shall not be granted. Maintenance of plants shall then be extended until replacements are made. IC. Replacements shall be plants of the same kind and size indicated on the Plant List on the Drawings. They shall be furnished and planted as specified above at no additional cost to Owner- Replacements resulting from removal, loss, or damage due to occupancy of the project in any part, vandalism, ' physical damage by animals, vehicles, etc., and losses due to curtailment of water by local authorities shall be approved and paid for by Owner. D. Plants shall be guaranteed for a period of one year after inspection and provisional acceptance. E. At the end of the Establishment Period, inspection shall be made again. Any plant required under this C;.,. ,,r c...o«o.nno 09/20/02 Page 02900-7 contract that is dead or unsatisfactory to Owner shall be removed from the site. These shall be replaced during the normal planting season. 3.9 SEEDING ri I_J A. All exterior ground within the limit of contract, except surfaces occupied by buildings and structures and paving, except areas indicated to be undisturbed, shall be seeded or planted as indicated on the Drawings. B. Furnish topsoil, finish grading, prepare seed bed, seed and maintain areas as indicated on the - Drawings. Special attention must be given to those areas of slope greater than 3:1. Notify Engineer if extreme slopes present difficulty in bed preparation, top soil placement or materials prescribed. C. Seed Bed Preparation - Grade areas to fmish grades, filling as needed or removing surplus dirt and floating areas to a smooth, uniform grade as indicated on grading plans. All lawn areas shall slope to drain. Where no grades are shown, areas shall have a smooth and continual grade between existing or fixed controls (such as walks, curbs, catch basin, elevational steps or building) and elevations shown on the Drawing. Roll, scarify, rake and level as necessary to obtain true, even lawn surfaces. Finish grades shall meet approval of Engineer before grass seed is sown. Loosen soil to a depth of 6 inches in lawn areas by approved method of scarification and grade to remove ridges and depressions. Remove stones or foreign matter over 2 inches in diameter from the top 2 inches of soil. Float lawn areas to approximately fmish grades. D. Seed beds should be permitted to settle or should be firmed by rolling before seedings are made. E. Seeding shall not be performed in windy weather. F. Seeding shall be done in two directions at right angles to each other. G. Lawn areas shall be seeded by sowing evenly with an approved mechanical seeder at the rate of a minimum of 5 pounds per 1,000 square feet. Culti-packer or approved similar equipment may be used to cover the seed and to form the seed bed in one operation. In areas inaccessible to culti-packer, the seeded ground shall be lightly raked with flexible rakes and rolled with a water ballast roller. After rolling, seeded areas are to be lightly mulched with wheat straw. Wheat straw shall not be secured in place with an asphalt emulsion or other petroleum based product. H. If the project completion date prohibits in -season planting, prepare for out -of -season seeding or sodding so that lawns shall be completed and ready for acceptance at time of project completion, without additional cost to Owner. Lawn maintenance shall be the same as for other planting. I. Maintain lawns for at least 30 days after sodding and 60 days after seeding, or as long as is necessary to establish a uniform stand of the specified grasses, or until substantial completion of the project or until acceptance of lawns, whichever is later. J. In the event that lawn operations are completed too late in the Fall for adequate germination and growth, maintenance shall continue into the following growing season or until a uniform stand of the specified grasses has been established. K. Water seeded areas twice the first week to a minimum depth of 6 inches with a fine spray and once per week thereafter as necessary to supplement natural rain to the equivalent of 1 inch or to a 6 inch depth. L. The surface layer of soil for seeded areas must be kept moist during the germination period. After first cutting, water as specified above. M. Make weekly inspections to determine the moisture content of the soil and adjust the watering schedule established by the irrigation system installer to fit conditions. N. After grass growth has started, all areas or parts of areas which fail to show a uniform stand of grass for any reason whatsoever shall be reseeded in accordance with the Drawings and as specified herein. City of Fayetteville 09/20/02 Page 02900-8 Li I I I I I I I I I I I I I I I I Such areas and parts of areas shall be reseeded repeatedly until all areas are covered with a satisfactory growth of grass at no additional cost to Owner. O. Watering shall be done in such a manner and as frequently as is necessary to assure continued growth of heathy grass. Water in such a way as to prevent erosion due to excessive quantities applied over small areas and to avoid damage to the finished surface due to the watering equipment. P. Water for the execution and maintenance of this work shall be provided by the Contractor. Q. Mowing of the seeded areas shall be initiated when the grass has attained a height of 12 to 2 inches. Grass height shall be maintained between I and 12 inches at subsequent cuttings depending on the time of year. Not more than 1/3 of the grass leaf shall be removed at any cutting and cutting shall not occur closer than 10 days apart. R. When the amount of grass is heavy, it shall be removed to prevent destruction of the underlying turf. If weeds or other undesirable vegetation threaten to smother the planted species, such vegetation shall be mowed or, in the case of rank growths, shall be uprooted, raked and removed from the area. S. Protect seeded area against trespassing while the grass is germinating. Furnish and install fences, signs, barriers or any other necessary temporary protective devices. Damage resulting from trespass, erosion, washout, settlement or other causes shall be repaired at no expense to Owner. T. Remove fences, signs, barriers or other temporary protective devices after final acceptance. End of Section 02900 I Cite of Favetteville 09/20/02 Page 02900-9 II II Section 03210 II II PAR TI -GENERAL REINFORCING STEEL 1.1 SCOPE A. This Section covers the work necessary to furnish and install, complete, the reinforcing steel and welded wire fabric. ' 1.2 GENERAL A. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.3 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS. II. Bending Lists 2. Placing Drawings PART 2- MATERIALS 2.1 DEFORMED REINFORCING BARS A. Deformed billet -steel bars conforming to ASTM A615, Grade 60, unless otherwise noted. 2.2 WELDED WIRE FABRIC ' A. See Drawings to determine size used, if applicable. 2.3 ACCESSORIES IA. Tie wire shall be 16 -gauge, black, soft -annealed wire. Bar supports shall be of proper type for intended use. Bar supports in beams, columns, walls, and slabs exposed to view after stripping shall be small rectangular concrete blocks made up of the same color and same strength concrete being ' placed around them. Use concrete supports for reinforcing in concrete placed on grade. Conform to requirements of "Placing Reinforcing Bars" published by CRSI. PART 3 -EXECUTION 3.1 GENERAL A. Conform to "Placing Reinforcing Bars", Recommended Practices, Joint Effort of CRSI-WCRSI, prepared under the direction of the CRSI Committee on Engineering Practice. B. Notify the Engineer when reinforcing is ready for inspection and allow sufficient time for this inspection prior to casting concrete. ' 3.2 DELIVERY AND STORAGE A. Deliver steel with suitable hauling and handling equipment. Tag steel for easy identification. Store to prevent contact with the ground. The unloading, storing, and handling bars on the job shall conform to CRSI publication "Placing Reinforcing Bars". C;.,, oc"..o..o, nA 09/20/02 Page 03210-1 I 3.3 PLACING REINFORCING STEEL - CLEANING A. Clean metal reinforcement of any loose mill scale, oil, earth and other contaminants. 3.4 STRAIGHTENING AND REBENDING STEEL 'I A. Do not -straighten or rebend metal reinforcement. Where construction access through reinforcing is a problem, bundling or spacing of bars instead of bending shall be used. Submit details and obtain Engineer's review prior to placing. 3.5 PROTECTION, SPACING, AND POSITIONING OF REINFORCING STEEL A. Conform to the current edition of the ACI Standard Building Code Requirements for Reinforced Concrete (ACI 318), reviewed placing drawings and design drawings. 3.6 REINFORCING STEEL - LOCATION TOLERANCE ' A. Conform to the current edition of "Placing Reinforcing Bars" published by Concrete Reinforcing Steel Institute and to the Details and Notes on the Drawings. 3.7 SPLICING A. Conform to Drawings and current edition of ACI Code 318. Splices in adjacent bars shall be staggered. 3.8 TYING DEFORMED REINFORCING BARS A. Conform to the current edition of "Placing Reinforcing Bars" published by Concrete Reinforcing , Steel Institute and to the Details and Notes on the Drawings. 3.9 REINFORCEMENT AROUND OPENINGS ' A. Place an equivalent area of steel around the pipe or opening and extend on each side sufficiently to develop bond in each bar. Where welded wire fabric is used, provide extra reinforcing using fabric or deformed bars. 3.10 WELDING REINFORCEMENT A. Welding shall not be permitted unless the Contractor submits detailed shop drawings, qualifications, and radiographic nondestructive testing procedures for review by the Engineer. The Contractor shall obtain the results of this review prior to proceeding. The basis for the Contractor submittals shall be The Structural Welding Code, Reinforcing Steel, AWS D1.4-79, published by the American Welding Society and the applicable portions of ACI 318, current edition. The Contractor shall test 10 percent of all welds using radiographic, nondestructive testing procedures referenced in this code. 3.11 PLACING WELDED WIRE FABRIC A. Welded wire fabric shall be placed at mid -depth of slab. Do not leave on ground. 3.12 FIELD BENDING A. Field bending of reinforcing steel bars is not permitted when rebending will later be required to straighten bars. Rebending of bars at the same place where strain hardening has taken place due to the original bend will damage the bar. Consult with the Engineer prior to any pour if the contractor foresees a need to work out a solution to prevent field bending. 3.13 PAYMENT A. Payment for the work in this Section will be included as part of the applicable Concrete structure bid item stated in the Contractor's Proposal. No separate payment will be made of reinforcing steel. I End of Section 03210 City of Fayetteville 09/20/02 Page 03210-2 I I II I I I I I I I I L I I Section 03316 MISCELLANEOUS CONCRETE WORK PART I - GENERAL 1.1 SCOPE A. This section covers cast in place concrete and reinforcing steel used in the construction of drop inlets, headwalls, drainage structures, curb and gutter, sidewalks and access ramps, ditch paving, manhole adjustments, water valve adjustments, thrust blocks, pipe bedding, concrete pads around valve and meter boxes, guard rail footings, and concrete encasement. This section also includes flowable fill for pipe trenches. 1.2 RELATED WORK A. Quality control is specified in Section 01400. B. Cast -in -place manholes are specified in Section 02601. C. Fire hydrant blocking is specified in Section 02644. D. Pipe laying and encasement is specified in Section 02600. E. Storm sewer system is specified in Section 02720. F. Guard rails is specified in Section 02805. G. Utility sleeves is specified in Section 02605. 1.3 REFERENCES A. ASTM Standards 1. A 185, "Steel Welded Wire Fabric, Plain, for Concrete Reinforcement" 2. A 615, "Deformed and Plain Billet Steel for Concrete Reinforcement" 3. C 31, "Standard Method of Making and Curing Concrete Test Specimens in the Field" 4. C 33, "Concrete Aggregates" 5. C 39, "Standard Test Method for Compressive Strength of Concrete" 6. C 143, "Standard Test Method for Slump of Portland Cement Concrete" 7. C 150, "Standard Specification for Portland Cement" 8. C 172, "Standard Method of Sampling Fresh Concrete" 9. C 231, "Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method" 10. C 260, "Air Entraining Admixtures for Concrete" 1.4 SUBMITTALS A. Submittals are not required for concrete work unless requested by Engineer. If requested, submit drawings and data as follows. It is anticipated that these will only be required to be submitted if field observations indicate to Engineer that the Work is not progressing according to the Contract Documents. Manufacturer's data for reinforcing steel. I nvnnm? Page 03316-1 2. Manufacturer's data for admixtures and curing compound. 3. Mix design for concrete and flowable fill. 4. Reinforcing placement drawings. 1.5 QUALITY ASSURANCE A. Concrete shall be provided by a ready mix plant that has been in operation sufficient time to have a proven record of supplying concrete mixtures that perform satisfactorily. Ready mix plant shall have a current AHTD approval. B. Concrete work, including formwork and reinforcing steel placement, shall be accomplished by workers experience in the type of work being performed. PART 2 -PRODUCTS 2.1 CEMENT A. Cement shall be Portland Cement conforming to the requirements of ASTM C 150, Type I or IA. Type III or IIIA Portland Cement, high early strength, may be used if approved by Engineer; any extra cost will be borne by Contractor. 2.2 AGGREGATE A. Coarse aggregates shall consist of crushed stone or gravel and shall comply with the following grading requirements when tested according to AASHTO T 27: Class A. B, or Special Concrete: Sieve Percent Passing 1'/s" 100 ll' - '/e" 35-75 WI - 3/," 10-30 #4 0-5 #8 - B. Fine aggregates shall consist of clean, sound, sand conforming to ASTM C 33, and graded as follows: I Sieve Percent Passing ' %11 100 #4 95-100 #8 70-95 #16 45-85 #30 20-60 #50 5-30 #100 0-5 City of Fayetteville 09/20/02 Page 03316-2 ' J 23 WATER A. Water used in mixing concrete and mortar shall be potable water and shall be free from injurious amounts of acids, alkalies, oils, sewage, and organic matter. 2.4 REINFORCING STEEL A. Reinforcing steel shall be either deformed bars or welded wire fabric, as indicated on the Drawings. The steel shall conform to the following. Deformed bars ASTM A 615, Grade 60 Welded wire fabric ASTM A 185, Grade 65 2.5 CURING COMPOUND A. W.R. Meadows 1600 Whitc, or an approved equal. 2.6 CONCRETE COMPOSITION AND STRENGTH REQUIREMENTS A. Concrete shall be either Class A or Class B, and shall be composed of Portland cement, fine and coarse aggregate and water proportioned in keeping with the following: Note: Concrete other than Class A or Class B are not listed below and shall be noted on the drawings and those mixes shall have a mix design submitted that will meet the specified minimum compressive strength and/or other specified requirements. Class "A"Concrete Class "A" Concrete (Sidewalks) Minimum Sacks of Cement 5.5 (per Cubic Yard) Max Water (gallons per sack) 6 Slump (inches) 2 - 4 (w/ vibration) 1-2(for construction with extrusion machine) Air Entrainment (percent) 5.5 +/- 1.5 Water -cement ratio shall not exceed 0.49. Minimum Cementious Material (lb) (per Cubic Yard) Water Flowable Fill 5 5 2 - 4 (w/ vibration) I — 2 (for construction with extrusion machine) 6.0 +/- 2.0 Class "B" Concrete 5 2 - 4 (w/ vibration) 1-2 (for construction with extrusion machine) 5.5 +/- 1.5 300 total Cement (80-100) / Fly Ash (220-300) Variable to equal one cubic yard Approximately 65 gallons Air Entrainment (percent) 15 +/- 1.5 nonnm') Pace 03316-3 II B. Air -entraining agents, if used, shall conform to ASTM C 260. The total air content (entrained and entrapped air) shall be 5.5 percent plus or minus 1.5 percent for concrete, 6.0 percent plus or minus 2.0 for sidewalks, and 15 percent plus or minus 1.5 for flowable fill. C. Proportioning of concrete shall be by weight except that water maybe measured by volume. A one cubic foot sack of Portland Cement will be considered as weighing 94 pounds. D. Class A concrete made with ordinary Portland cement shall have a minimum compressive strength at 28 days of 3500 psi except for sidewalks which shall have a minimum compressive strength at 28 days of 4000 psi. Class B concrete made with ordinary Portland cement shall have a minimum compressive strength at 28 days of 3000 psi. If made with high early strength cement, those strengths shall be attained at the end of 7 days. Other strengths may be specified on Drawings or in these specifications. Plowable fill shall have a minimum compressive strength at 28 days of 200 psi and shall meet the requirements of AHTD Section 206. 2.7 JOINT COMPOUNDS LI I I I I I I . A. Expansion joints: asphalt impregnated fiberboard, meeting requirements of AASHTO M 213. Expansion joints shall be left 1/2" lower than grade or trimmed 1/2" lower and filled with silicone sealer or other sealer approved by the Engineer to finish grade. B. Contraction (i.e. saw cut) joints: one part silicone formulation that does not require a primer for bond to concrete. Compound shall be compatible with concrete. Acetic acid cure sealants are not acceptable. Provide product of a manufacturer listed on the AHTD approved materials provider list. PART 3 - EXECUTION 3.1 REINFORCING STEEL ' A. Steel reinforcing shall be free from rust, scale, and from mortar, dirt, or other objectionable coatings. It shall be placed accurately in accordance with details shown on the Drawings and with rebar detail drawings, and properly secured in position. 3.2 READY -MIX CONCRETE I A. Ready -mix concrete shall be delivered and placed within one hour after all materials, including mixing water, shall have been placed in the mixing drum. Each batch shall be accompanied by a load ticket with a copy for Engineer showing the concrete type, mixing proportions, and time mixing began. 3.3 VIBRATION ' A. Structural concrete shall be compacted by vibration as it is placed: The use of form vibrators is not ' acceptable. Internal vibrators shall be capable of transmitting vibration to the concrete at frequencies not less than 4,500 impulses per minute. Duration of vibration shall be limited to the time necessary to provide satisfactory consolidation without causing segregation. The vibrator shall not be inserted into lower courses previously vibrated. Vibrators shall be applied in a substantially vertical position and at uniformly spaced points not further apart than the visible effectiveness of the vibrator. Vibration shall be supplemented by such spading as Engineer may require. Concrete in pipe foundations need not be vibrated if other methods produce satisfactory results. Slump of concrete shall be the minimum practical When vibration is used to consolidate concrete, slump shall not exceed 4 inches. City of Fayetteville 09/20/02 Page 03316-4 ii Ii 3.4 MISHING A. Surface finishes shall be classified as follows: Class I ' Class 2 Class 3 Class 4 Class 5 Class 6 I I I I I I 7 I C Ordinary Surface finish. Rubbed finish. Sprayed finish. Exposed Aggregate finish. Tined Concrete Pavement. Broomed finish. B. All concrete shall be given a Class I finish. Immediately following the removal of forms, fins and irregular projections shall be removed from all surfaces. On all surfaces, the cavities produced by form ties and all other holes, broken corners or edges, and other defects shall be thoroughly cleaned, and patched. In addition, further finishing may be required as specified. C. All exposed surfaces of structures shall be given a Class 2 finish. D. Curb and gutter, integral curb, drop inlet tops, sidewalk, access ramps, driveways, medians and ditch paving shall be given a Class 6 finish. E. Concrete pavement shall be given a Class 5 finish. F. Drive and street repairs shall be finished to match existing drives and streets. 3.5 CURING A. Immediately after placement, protect concrete from premature drying, excessively hot or cold temperatures, and mechanical injury. B. Cure concrete for at least 7 consecutive days. Cure unformed surfaces by one or the following methods. 1. Cover surface with moist fabric so that a film of water remains on the surface throughout the curing period. 2. Cover surface with curing paper and seal with tape. 3. Apply a uniform coat of liquid curing and sealing compound in accordance with manufacturer's instructions. 3.6 CURB AND GUTTERS IA. Shape subgrade to required depth below finished surface, and compact to a firm, even surface. Remove soft and yielding areas and replace with suitable material and compact. Proof roll as specified in section 02220. Spread base course material as indicated on the Drawings. ' B. Construct forms of metal or wood, free from warp, and of sufficient strength to resist springing during concrete pouring. Stake and brace and hold firmly to required lines and grades. Clean and oil forms I. before concrete is placed. Face forms or templates matching the shape of the planned curb are required when an extrusion machine is not used. C. Curb and gutters shall be poured as a monolithic structure, according to the lines and grades and details indicated on the Drawings. A combination of extrusion machine and hand pouring shall be used as best suits the Work. Extrusion machine shall be the type that can be adjusted to provide the types and dimensions of curbs indicated on the Drawings. (':t., of F, ,pttvvillp 09/20/02 Page 03316-5 II I D. Vibrate and spade until mortar entirely covers the surface. Finish smooth and even by means of a wooden float. Round edges as indicated on the Drawings while concrete is still plastic. Remove face forms as soon as practicable. Finish face by rubbing with a wood float until it is smooth, then brush finish with a broom. Plastering will not be permitted. Fill minor defects with cement mortar applied with a wood float. E. Install expansion joints in curb and gutters at stationary structures and at ends of curb returns. Expansion joints shall be 2 inch thick and shall be filled with joint filler shaped to the cross section.of the curb and constructed at right angles with the curb line. Saw cut contraction joints every 15 feet, to be 1/8 to 3/8 inch by 1-1/2 inches. Saw cut at right angles to curb line. Fill with joint seal. F. Cure as described elsewhere in this section. G. Maximum variation from indicated grades shall be 3/8 inch in 10 feet. 3.7 SIDEWALKS AND ACCESS RAMPS A. Excavate and/or fill subgrade to the required elevation; compact to a firm, even surface; proof.roll as specified in Section 02220; remove soft and yielding material; replace with suitable material; and compact entire subgrade. I I I I [] 1J B. Construct forms of metal or wood, free from warp, and of sufficient strength to resist springing during concrete pouring; stake, brace and hold firmly to required lines and grades; clean and oil forms before concrete is placed; face forms or templates matching the shape of the planned curb which are required when an extrusion machine is not used. C. Construct concrete sidewalks and access ramps according to the lines, grades, and details indicated on the Drawings. As far as practical, sidewalks shall be continuously poured. Access ramps shall be poured monolithically. Consolidate concrete material to prevent honeycombing. Strike off top with a straightedge and tamp or vibrate sufficiently to bring mortar to surface. D. Sidewalks and access ramps shall have a non -slip broom finish. E. Provide tool joints, saw joints, and expansion joints where indicated on the Drawings. Expansion joints shall be at least 1/2 inch wide, spaced as indicated on the Drawings and between sidewalk and all stationary structures. Fill with joint filler. Provide 1/2 inch expansion joint material (AASHTO M 213) between curb and sidewalk, and between curb and access ramp. 3.8 DRAINAGE STRUCTURES A. Reinforced box culverts, retaining walls, drop inlets, junction boxes,.drop inlet extensions, headwalls, and other drainage structures shall be constructed with reinforced concrete, as shown on the Drawings. B. Concrete shall not be placed until the Engineer or Engineer's representative has observed the forms and placement of reinforcement. C. The concrete floors of nonmonolithic structures shall be placed at least 24 hours before beginning construction of the walls. A longer period of time may be required if weather conditions make it necessary. I C1 [1 I City of Fayetteville 09/20/02 Page 03316-6 I] D. Curing is described in 3.5. I I I H [1 I 7 H E. Walls shall be constructed to form a tight joint with the floor and around pipes. Pipes shall be cut flush with the inside surfaces of the wall. F. Faces of drop inlets and drop inlet extensions shall match the curb face slope and alignment. Box culverts headwalls shall be parallel with the road centerline. Box culvert wingwall alignment and/or dimensions may vary from the Plans to best fit field conditions. G. The rings or frames shall be set accurately to the finished elevations so that subsequent adjustments will be not necessary. H. Backfill for drop inlets, extensions, and headwalls maybe permitted after concrete has cured for 48 hours and concrete has attained 75% of the minimum compressive strength, if the Contractor takes responsibility for the structure maintaining its integrity. Otherwise, backfill may commence when concrete test cylinders attain the minimum compressive strength for that structure. Backfill within the roadway embankment and immediately adjacent to bridge abutments, culverts, retaining walls, or other places inaccessible to rollers, shall be placed in approximately 6" horizontal layers, loose measurement, at near optimum moisture content and compacted with mechanical equipment to 95% of the maximum density as determined by AASHTO T 99. The specified density will not be required immediately adjacent to wingwalls of box culverts. The backfill in front of such units shall be placed first to prevent the possibility of forward movement. Special precautions shall be taken to prevent wedging action against the concrete, and the slope bounding the excavation for abutments and wingwalls shall be stepped or roughened to prevent wedge action. No backfill shall be placed against abutments, retaining walls, or box culverts until the concrete has cured for at least 14 days or until test cylinders show the minimum strength has been obtained. I. Structures shall be cleaned of any accumulation of silt, debris, or foreign matter of any kind, and shall be reasonably free of such accumulations during construction and at job completion. J. Drop inlets shall steps when height measurement form the footing to the top the structure (top of ring and lid) is four feet or more. These steps shall be ICM S-700 (Polypropylene Plastic), or approved equal. 3.9 DRIVEWAYS & MEDIANS A. Portland cement concrete driveways and medians shall be constructed in one course on the prepared subgrade or on a completed and accepted base course or asphalt course in accordance with these specifications and in conformity with the lines, grades, thickness, and detaiUtypical cross section shown on the Drawings. B. Expansion material shall be placed between the curb and driveway and any existing portion of driveway. The joint filler shall be 1/2 inch thick and meet the requirements of AASHTO M 213. The top 1/2 inch of the expansion joint shall be filled with silicone sealer, or other sealer approved by the Engineer flush, with the surface. C. Curing is described in 3.5. D. Forms shall be constructed of metal or wood, free from warp, and of sufficient strength to resist springing during the process of depositing concrete. They shall be securely staked, braced, set, and held firmly to the required line and grade. Forms shall be cleaned and oiled before concrete is placed against them. I. nonnim Pane 03316-7 I 3.10 3.11 E. The concrete shall be deposited in the forms upon a wetted subgrade to such depth that when it is compacted and finished, the top will be the required elevation. The concrete shall be thoroughly compacted and the edges along the forms spaded to prevent honeycomb. The top shall be struck off with a straightedge after which it shall be finished with a float to a smooth and even surface. Edges, shall be founded with a 1/2 inch radius edger. DITCH PAVING A. Concrete ditch paving shall be accordance with these specifications and in conformity with the locations, lines, and grades shown on the Drawings, or as directed. B. The_ subgrade shall be excavated or filled to the required grade. Soft and yielding material shall be removed and replaced with suitable material and the entire subgrade shall be thoroughly compacted. I I It I I C. Forms shall be constructed of metal or wood, free from warp, and of sufficient strength to resist springing during the process of depositing concrete. They shall be securely staked, braced, set, and held firmly to the required line and grade. Forms shall be cleaned and oiled before concrete is placed against them. D. The concrete shall be deposited in the forms upon a wetted subgrade to such depth that when it is compacted and finished, the flow line shall be at the required elevation and the sides at required widths, slopes, and thicknesses. The concrete shall be thoroughly compacted and the edges along the forms spaded to prevent honeycomb. The flow lines and sides shall be struck off with a straightedge and tamped sufficiently to flush mortar to the surface, after which it shall be finished with a wood float to a smooth and even surface. The final surface shall be broomed. Edges shall be rounded with a 2 inch radius edger. E. Transverse joints shall be sawn at ten foot intervals measured longitudinally along the flow line. The depth of the joints shall be 1/4 of the slab thickness. F. Immediately after the forms have been removed, the spaces on each side of the paving shall be backfilled with suitable material and compacted with mechanical equipment. Two feet of solid sodding shall be placed adjacent to the ditch. G. When a section of ditch paving terminates at a structure, a 1/2 inch thick expansion joint conforming to AASHTO M 213 shall be provided. Expansion material shall be provided at 50 foot intervals. This expansion material shall be constructed a 1/2 inch below surface and this 1/2 inch shall be filled with concrete joint sealant UNDERDRAIN OUTLET PROTECTORS A. The foundation shall be prepared to the required depth, forms set rigidly to the line and grade designated, and the concrete place, spaded, vibrated, and finished with a wood float to a true and even surface. When completed, the concrete shall be cured as specified. B. The outlet protector shall be placed in such a manner that the underdrain lateral has a uniform slope to ensure proper drainage. Abrupt changes in slope along any portion of the lateral will not be permitted. I I I I I I I III I I City of Fayetteville 09/20/02 Page 03316-8 I I 3.12 FIELD QUALITY CONTROL ' A. Testing of concrete in the field, either as poured or after setting or curing shall be as required by Engineer. The cost of all testing to demonstrate compliance with the specifications shall as indicated in Section ' 01400. B. Cooperate with testing laboratory personnel to take and properly handle field samples. C. Composite samples shall be obtained in accordance with ASTM C 172 ID. Mold and laboratory cure three specimens from each test required in accordance with ANSI/ASTM C 31. E. Measure air content in Class A concrete or other specified concrete mix in accordance with ASTM C 231. F. Test the specimens in accordance with ANSI/ASTM C 39. Two specimens shall be tested at 28 days for acceptance and one specimen shall be tested at 7 days for information. For concrete compressive strength tests less than the 7 day (such as for backfilling structures, etc.), the Contractor will be responsible for 'these tests. G. The slump of the normal -weight concrete sample for each strength test shall be determined in accordance with ANSI/ASTM C 143. H. Failure of concrete and flowable fill is defined as the average compressive strength of the tested specimens. The strength level of the concrete or flowable fill shall be considered satisfactory if both of the following requirements are met: II. The average of all sets of three consecutive strength tests equal or exceed the specified compressive strength. 2. No individual strength test (average of two cylinders) falls below required compressive strength by ' more than 500psi. 1. Should the test cylinders fail to demonstrate compliance with the specifications, reconstruct the concrete structure at no additional cost to Owner. Contractor shall then be responsible for the expenses involved in 're -testing the concrete. ' J. Testing will be required for every 50 cubic yards of concrete or flowable fill placed or for each day's pour and/or placement whichever is least or as directed by the Engineer or his representative. The cost of all testing made at the request of the Owner will be as indicated in Section 01400. Engineer shall furnish ' Owner with copies of concrete testing required by Engineer during the course of the Work. 3.13 CLEANING IA. Clean work areas and all concrete formwork and waste. Waste concrete shall not be disposed of on site except as approved by Engineer. 3.14 WEATHER AND TEMPERATURE LIMITATIONS A. No concrete shall be placed unless the temperature of the concrete is more than 50 degree F when placed. ' If heating of the ingredients is necessary to meet this criterion, it shall be accomplished by a method such as dry heat or steam. Water shall not be heated to more than 180 degree F, and shall be combined with the aggregate before the addition of cement. Frozen aggregates may not be used. 1 MIAMI Pace 03316-9 I B. After concrete is placed, it shall be protected by insulated forms, blankets, enclosing and heating, or any approved method that will maintain 50 degree F temperature for at least 5 days. The Contractor shall have available and ready for immediate use sufficient materials and equipment for maintaining the temperature of the concrete. C. Concrete that has been frozen or damaged due to weather conditions shall be replaced at no additional cost to the Owner 3.15 SCHEDULE A. Cast -in -place concrete class is generally indicated on the Drawings for each type of usage. The following schedule will govern where no concrete class is indicated on the Drawings. I I I I it Class A Class B Curb and Gutter x Sidewalks & Access Ramps x Drainage Structures x Ditch concrete paving x Driveways x Manholes x Manhole adjustments x Water valve adjustments x Guard rail post holes x Concrete pads x Flared end section wall x Underdrain outlet protector x Thrust blocks x Encasement x Pipe bedding x 1 Reinforced Concrete for Box Culverts, Retaining Walls, Sidewalks, and other Special Structures shall be 4000 psi. ' End of Section 03316 ' I I City of Fayetteville. 09/20/02 Page 03316-10